HomeMy WebLinkAboutMINUTES-06/04/1991-RegularM
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June 4, 1991
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COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:30 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday
June 4, 1991, at 6:30 p.m. in the Council Chambers of the City of Fort Collins
City Hall. Roll call was answered by the following Councilmembers: Azari,
Edwards, Fromme, Kirkpatrick, Maxey and Winokur. Nays: None.
Councilmember Horak arrived at 7:00 p.m.
Staff Members Present: Burkett, Krajicek, Roy.
Citizen Participation
Al Bacilli, 520 Galaxy Court, spoke of the E.50 surcharge for the E-911 system
requesting Council intervene to stop the charge.
Roy Vratil, 1401 Shamrock, voiced concerns regarding reductions in the Police
Force and the cost and timeframe involved in conducting the Wildlife Survey.
Agenda Review
City Manager Steve Burkett noted Council packets contained a revised resolution
for Item #30, Resolution 91-87 Making Appointments to Various Boards and
Commissions. He asked that Item #31, Resolution 91-88 Making Appointments to
the Community Air Quality Task Force, be withdrawn from the agenda.
City Manager Steve Burkett pointed out two items relating to the reappointment
of the Municipal Judge and Temporary Municipal Judges are scheduled for
consideration under the Other Business portion of the meeting.
Councilmember Fromme requested that Item #10, Second Reading of Ordinance No.
50, 1991 Appropriating $4OO,OOO from Existing Reserves in the Special Assessments
Debt Service Fund for Expenditure in 1991, Item #17, Hearing and First Reading
of Ordinance No. 68, 1991, Appropriating Building and Improvement Reserves in
the General Fund and Authorizing the Transfer of Appropriated Amounts to the
Recreation Fund, and Item #18, Hearing and First Reading of Ordinance No. 69,
1991, Appropriating Building and Improvement Reserves in the General Fund and
Authorizing the Transfer of Appropriated Amounts to the Recreation Fund, be
withdrawn from the Consent Calendar.
Mayor Kirkpatrick requested Item #14, Hearing and First Reading of Ordinance No.
65, 1991, Appropriating Revenue in the Amount of $16,387 to,the General Fund for
the Cultural Development and Programming Account, and the Fort Collins Convention
and Visitors Bureau Contract, be withdrawn from the Consent Calendar.
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Consent Calendar
This Calendar is intended to allow the City Council to spend its time and energy
on the important items on a lengthy agenda. Staff recommends approval of the
Consent Calendar. Anyone may request an item on this calendar to be "pulled"
the Consent Calendar will be considered separately under Agenda Item N24, Pulled
Consent Items.
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This Ordinance, which was unanimously adopted on First Reading on May 21,
vacates a utility easement. Light and Power changed the location of the
oval electrical vault, thereby negating the need for the existing easement.
All City departments and private utility companies have been informed of
the location and the proposed vacation of the utility easement change and
have no objections.
A new replacement easement agreement located along the front of the lot
line of 1205 Parkwood Drive was accepted on May 21 under Routine Deeds and
Easements.
7. Second Reading of Ordinance No. 57, 1991, Amending Section 29-71 of the
Code to Include the E-P Employment Park Zoning District.
Ordinance No. 29, 1991, established the E-P Employment Park Zoning District
for the City. However, the ordinance did not amend Section 29-71 to
include that zoning district in the list of districts contained in Section
29-71. This Ordinance, which was unanimously adopted on First Reading on
May 21, will add the E-P District to the list of districts.
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Councilmember Winokur, as liaison to the Senior Advisory Board, is
recommending that the 2 alternate positions on the Board be converted to
regular positions at this time. Presently, Council appoints 7 regular
members to serve 4-year terms and 2 alternates to serve 2-year terms. In
addition, 2 members are appointed by the Senior Center Board to serve terms
of 2 years. This Ordinance changes the composition of the Board to 11
regular members (9 Council -appointed members plus 2 Senior Center Board
representatives).
Adoption of this Ordinance, with an effective date of July 1, 1991, will
eliminate the alternate positions without causing the current alternates
to have their service on the Board terminated before a regular position
becomes available. This Ordinance, which was unanimously adopted on First
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June 4, 1991
Reading on May 21, also contains language which would limit service on the
board to two consecutive 4-year terms, in accordance with Resolution 81-
85, which provides that no person may serve on any one board or commission
for more than 8 consecutive years (2 complete terms).
9. Second Readinq_of Ordinance No. 59. 1991. Amendina Chanter 2 Pertainino
10.
On May 21, Council unanimously adopted revised Resolution 91-74 Exempting
the Appointees to the Fort Collins Housing Authority From the Council
Policy of Eliminating Alternate Positions on Boards and Commissions.
This Ordinance, which was also unanimously adopted as revised on First
Reading on May 21, amends the provisions of Section 2-247 of the City Code
to expressly authorize the appointment of two "community advisors" to the
Authority in addition to the five regular commissioners.
This Ordinance, which was unanimously adopted on First Reading on May 21,
would provide money to pay the interest portion of the debt service on
special improvement district bonds. This is necessary because the cash
flow into the bond funds has been disrupted by the default in payment of
assessments by property owners within various districts. The City
currently holds 107 certificates representing $7,217,963 in face value,
the principal component of which is $4,188,000. This amount corresponds
to an equal amount of special improvement district bonded indebtedness.
Adoption of this Ordinance would allow the Financial Officer to spend
$400,000 from the Designated Reserve for Special Improvement Districts to
pay the interest portion on the debt represented by the certificates of
purchase.
This ordinance, which was unanimously adopted on First Reading on May 21,
appropriates additional funds from the Firefighters' Pension Fund to cover
the transfer of monies from the fund into the new money purchase plan
adopted by the Firefighters and the City Council. The appropriation is
necessary because the selection of the plan administrator, Prudential Asset
Management, had not been completed by yearend and it was not possible to
encumber the funds without .a completed' contract with the new plan
administrator. The amount of 'the appropriation will be combined with
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June 4, 1991
existing 1991 appropriations in the fund to cover the plan's liabilities
to the members of the plan that opted to convert to the money purchase
plan.
This ordinance, which was unanimously adopted on First Reading on May 21,
adjusts the City's non -metered water rate to more accurately reflect the
cost of providing water service to customers who are not metered.
The last adjustment to the non -metered rate was on January 1, 1991, when
the monthly charge for all non -metered customers increased by 6.0%.
At its May 2 meeting, the Water Demand Management Committee reviewed the
proposed ordinance and recommended adoption.
Staff will be preparing a press release describing the proposed change.
A notice will also be sent to customers during the July/August billing
cycle.
This Ordinance, which was unanimously adopted on First Reading on May 21,
repeals the existing prohibition in the City Code against ball playing upon
any public street, alley or sidewalk. While the ordinance has been used
on occasion to address particular situations in which large numbers of
persons have congregated on busy streets, Police Services advises that
repeal of the Ordinance would not appear to present any significant risk
to the public health, safety or welfare.
Lodging tax receipts for 1990 were estimated to be $228,954 while the
actual receipts totalled $234,899. The 1991 budget appropriation was
calculated from the estimated figure'while the disbursement is based on
actual prior year Lodging tax receipts. This Ordinance, if adopted, would
appropriate the additional 1990 Lodging tax receipts in the amount of
$5,945 and would be disbursed in a 25/75 percent split between the Cultural
Development and Programming account, and the Fort Collins Convention and
Visitors Bureau.
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Additionally, the Cultural Development and Programming Account must
appropriate carry-over funds not allocated in previous years in the amount
of $6,433; and $4,000 which was disbursed from the Cultural Development
Programming Account, not used by the recipient and reimbursed to the City
of Fort Collins; and nine dollars in miscellaneous Cultural Development
& Programming revenue for a total of $9,442.
Based on actual 1990 Lodging tax receipts of $234,900, the Cultural and
Development Programming Account will receive a total of $58,725 (25%) and
the Convention and Visitors Bureau will receive $176,175 for the 1991
budget year.
15.
The City of Fort Collins was awarded a grant from the Ford Foundation in
the amount of $100,000 for advancing the goals and objectives of the Land
Development Guidance System. The activities that will be pursued are
designed to improve the performance of the LDGS.
16. Hearing and First Reading of Ordinance No. 67, 1991, Appropriating
Unanticipated Revenue in the Capital Proiects Fund for the 1991 Concrete
Improvement Program.
17.
The 1991 Concrete Improvement Program is the seventh year of an annual
program to encourage property owners to construct, repair, replace and
maintain their concrete curb, gutter and sidewalks. This program is
voluntary on the part of the property owners. To encourage participation
by property owners, the City splits the cost of construction with the
property owners (50/50), hires the contractor, and oversees the
construction. In addition to paying 50 percent of the cost of the
improvements, the City also pays the costs of oversizing sidewalks on major
streets and the costs of constructing pedestrian access ramps at
intersections. The City also pays for extending sidewalks across
irrigation canals, alleys or other public property.
The electric motors which control the water temperatur6"for the showers
at EPIC are not functioning correctly, causing the showers to suddenly go
from cold to very hot water. This has created a safety problem. Reports
have been received of customers slipping on the shower floor trying to get
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June 4, 1991
out from under the hot water. Other customers have complained of almost
getting scalded by the sudden hot water.
The showers at EPIC have been a maintenance problem since the facility
opened, and dissatisfaction with them is the most frequently -heard
complaint received from our customers. Last year alone, staff spent about
$5000.00 on repair parts. This new problem is being dealt with on a
temporary basis by turning down the hot water temperature; however, when
the water for the showers does mix correctly, the water temperature is too
low for a comfortable shower. For safety reasons, the electric motors for
the shower units need to be replaced.
A condenser failure in March on the refrigeration unit at the Edora Pool
Ice Center resulted in emergency repairs and replacement of the condenser.
Total cost of the repairs is $64,216. Staff is requesting an appropriation
from the General Fund Reserve designated for Building and Improvements.
of 226 West Mountain Avenue, Fort Collins. Colorado.
The City and the County own the property located at 226 West Mountain
Avenue, Fort Collins, Colorado. The property is being used as the Mountain
Cafe. The previous owners of Mountain Cafe have recently sold their
business to Khalil Kamandy. As a result, staff has negotiated a three-
year lease with an option to renew for an additional two years with Mr.
Kamandy. The potential five-year term does not impact the projected
development of Block 31 since development of the Block is not scheduled
during this period and the County concurs.
The base rent for 226 West Mountain is $708.00 a month. In addition, the
City and County will receive reimbursement for the costs of water, sewer,
gas, and property taxes in the amount of $159.24 a month, for a total rent
payment of $867.24 a month. This equates to $12.19 per square foot. The
lease also contains a cost of living adjustment clause tied to the CPI.
Currently, the Code provides that no write-in vote for City Council office
shall be counted unless the write-in candidate has filed an affidavit of
intent with the City Clerk no later than five days before the election.
This ordinance was enacted in accordance with the Municipal Election Code
in 1985. Recently, SB 69 amended the state law to change the write-in
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June 4, 1991
affidavit filing deadline to 20 days prior to the election, and staff
recommends that the Code be amended to comply with the change in the
Municipal Election Code.
21. Resolution 91-
Fort Collins is a carbon monoxide non -attainment area under the Clean Air
Act. The Act requires that the boundary of the non -attainment area be
updated. The Air Quality Control Commission proposes that the Fort Collins
Urban Growth Area boundary be used as the non -attainment area boundary.
The resolution concurs with that recommendation, with certain
clarifications.
22.
Resolution 85-134 was passed in August of 1985. It imposed investment and
purchasing restrictions on South Africa and Namibia. The United States
Department of State and the Embassy of the Republic of Namibia have sent
letters to the City requesting that Namibia be removed from resolution 85-
134 as it is now an independent country.
23. Routine Deeds and Easements.
a. Powerline easement from Mona F. Nickerson, 515 Mathews Street, needed
to install pad mounted electric transformer. Monetary consideration:
$68.76.
b. Powerline easement from John B. Testa, 1219 Juniper Court, needed
to underground existing overhead electric services. Monetary
Consideration: $10
c. Powerline easement from Oak Farm, Inc., a Delaware Corporation, 1001
E. Harmony, needed to install new underground electric system.
Monetary Consideration: $10.
d. Powerline easement from Michael D. Conway, 215 E. Mulberry, needed
to underground existing overhead electric services. Monetary
Consideration: $10.
Ordinances on Second Reading were read by title%by Wanda Krajicek, City Clerk.
IItem N6.
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June 4, 1991
Item #7.
Item #8.
Item #9.
Item #10. Second Reading of Ordinance No. 60, 1991 Aporopriating $400,000 from
Existing Reserves in the Special Assessments Debt Service Fund for
Expenditure in 1991.
Item #11.
Item #12.
Wastewater Utility.
Item #13.
Item #27. Second Reading of Ordinance No. 64, 1991, Authorizing the City
Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk.
Item #14.
Item #15.
Item #16.
Item #17.
Concrete Improvement Program.
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Item #18.
Item #28.
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June 4, 1991
Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt
and approve all items not °removed from the Consent Calendar. Yeas:
Councilmembers Azari, Edwards, Fromme, Kirkpatrick, Maxey and Winokur. Nays:
None.
Ordinance No. 60, 1991
Appropriating $400,000 from Existing
Reserves in the Special Assessments Debt
Service Fund for Expenditure in 1991, Adopted
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
This Ordinance, which was unanimously adopted on First Reading on May 21, would
provide money to pay the interest portion of the debt service on special
improvement district bonds. This is necessary because the cash flow into the
bond funds has been disrupted by the default in payment of assessments by
property owners within various districts. The City currently holds 107
certificates representing $7,217,963 in face value, the principal component of
which is $4,188,000. This amount corresponds to an equal amount of special
improvement district bonded indebtedness.
Adoption of this Ordinance would allow the Financial Officer to spend S400,000
from the Designated Reserve for Special Improvement Districts to pay the interest
portion on the debt represented by the certificates of purchase."
Councilmember Edwards made a motion, seconded by Councilmember Azari to adopt
Ordinance No. 60, 1991 on Second Reading.
Councilmember Fromme objected to appropriating funds to pay off the debt and
stated funds collected should be applied to the. debt.
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June 4, 1991 4
City Manager Steve Burkett spoke of collection efforts for the SID's. He
clarified appropriated funds have been set aside to cover the debt service on
the properties until they can be acquired through foreclosure. He noted he would
provide a report listing the properties with tax certificates and including the
timing and financing plan.
The vote on Councilmember Edward's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Ordinance No. 65, 1991,
Appropriating Revenue in the
Amount of $16,387 to the General Fund
for the Cultural Development and Programming
Account, and the Fort Collins Convention and
Visitors Bureau Contract. Adopted on First Reading
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
This Ordinance appropriates the final 1990 Lodging tax receipts as well as prior
year reserves and current year revenue in the total amount of $16,387.
Lodging Tax Receipts above Original Estimate $ 5,945
Cultural Development & Programming Account Prior Year Reserves 6,433
1991 Chamber of Commerce Reimbursement 4,000
1991 Miscellaneous Revenue 9
$16,387
Lodging tax receipts are dedicated in accordance with Ordinance 127, 1989;
therefore, the appropriation of Lodging Tax receipts will have no financial
impact on the General Fund.
Lodging tax receipts for 1990 were estimated to be $228,954 while the actual
receipts totalled $234,899. The 1991 budget appropriation was calculated from
the estimated figure while the disbursement is based on actual prior year Lodging
tax receipts. This Ordinance, if adopted, would appropriate the additional 1990
Lodging tax receipts in the amount of $5,945 and would be disbursed in a 25175
percent split between the Cultural Development and Programming account, and the
Fort Collins Convention and Visitors Bureau.
$ 1,486 - Cultural Development and Programming 25%
4,459 - Fort Collins Convention and Visitors Bureau 75%
per contract through 12131191
f 5,945
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June 4, 1991
Additionally, the Cultural Development and Programming Account must appropriate
carry-over funds not allocated in previous years in the amount of $6,433; and
$4,000 which was disbursed from the Cultural Development Programming Account,
not used by the recipient and reimbursed to the City of Fort Collins; and nine
dollars in miscellaneous Cultural Development & Programming revenue for a total
of $9,442.
Based on actual 1990 Lodging tax receipts of $234,900, the Cultural and
Development Programming Account will receive a total of $58,725 (25%) and the
Convention and Visitors Bureau will receive $176,175 for the 1991 budget year."
Mayor Kirkpatrick withdrew from discussion on this item due to a perceived
conflict of interest.
Councilmember Edwards made a motion, seconded by Councilmember Fromme, to adopt
Ordinance No. 65, 1991 on First Reading.
Councilmember Winokur requested information regarding the relationship between
the Convention and Visitors Bureau and the New West Fest.
Karla Neidan, Executive Director of the Convention and Visitors Bureau, clarified
the Convention and Visitors Bureau's involvement with New West Fest involved
promotional advertising designed to generate outside visitation. She reported
on the composition of the Convention and Visitors Bureau Boardmembers and the
Bureau's relationship with the Chamber of Commerce.
The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Maxey and Winokur. Nays: None. (Mayor Kirkpatrick
withdrawn)
THE MOTION CARRIED.
Ordinance No. 68, 1991,
Appropriating Building and
Improvement Reserves in the
General Fund and Authorizing
the Transfer of Appropriated Amounts
to the Recreation Fund. Adopted on First Reading
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
Approval of this ordinance would reduce the balance in the 1990 General Fund
reserve for building and improvements from $1,217,633 to $1,153,417.
A condenser failure in March on the refrigeration unit at the Edora Pool Ice
Center resulted in emergency repairs and replacement of the condenser. Total
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June 4, 1991
cost of the repairs is $64,216. Staff is requesting an appropriation from the
General Fund Reserve designated for Building and Improvements.
BACKGROUND:
On Friday, March 8, 1991, the ice refrigeration condenser and cooling tower
froze, resulting in a system failure and Freon loss. Testing revealed that 11
of the 135 tubes in the condenser had ruptured and were leaking Freon. The EPIC
maintenance staff and a contracted mechanical repair service made the necessary
repairs to get the system back on-line, and a new condenser was ordered.
Typically, a condenser failure results in a total system shut down, thus losing
the sheet of ice. The facility would have to be closed 10-12 days to accommodate
the repairs including replacing the condenser, charging the system with Freon,
rebuilding and painting the ice. Staff chose instead to try to plug the leaks
in the condenser tubes and get the system back on-line, hoping the damaged
condenser would continue to function until the new one could be installed on
March 14. The reasons for this decision revolved around completing a major youth
hockey tournament scheduled at the facility that weekend and also having the
arena open for as much of spring break week as possible, thus minimizing revenue
loss.
A second condenser freeze-up occurred on Wednesday morning, March 13. Staff
located and plugged an additional 20 ruptured tubes. The replacement condenser
arrived on schedule and was installed Thursday, March 14. The ice arena was open
to the public that evening, and the sheet of ice was maintained throughout the
ordeal.
Staff is conducting research with the mechanical engineer, architect, and
refrigeration manufacturer to determine the contributing factors leading to the
condenser failure, and to identify potential solutions to assure this type of
failure does not occur again."
Councilmember Fromme made a motion, seconded by Councilmember Maxey, to adopt
Ordinance No. 68, 1991 on First Reading.
EPIC Manager Jeff King gave a presentation on this item and explained the
warranty terms.
Roy Vratil, 1401 Shamrock, questioned why the equipment hadn't been tested before
the warranty expired.
City Manager Steve Burkett clarified'that most equipment warranty is valid for
a period of longer than 30 days. Staff did not have an opportunity to check
that particular item since the facility opened after the warranty expired.
The vote on Councilmember Fromme's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
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June 4, 1991
THE MOTION CARRIED.
Ordinance No. 68, 1991,
Appropriating Building and
Improvement Reserves in the General
Fund and Authorizing the Transfer of
Appropriated Amounts to the
Recreation Fund. Adopted on First Reading
The following is staff's memorandum on this item.
"FINANCIAL SUMMARY
Approval of this ordinance would reduce the balance in the 1990 General Fund
reserve for building and improvements from $1,153,417 to $1,143,417.
EXECUTIVE SUMMARY
The electric motors which control the water temperature for the showers at EPIC
are not functioning correctly, causing the showers to suddenly go from cold to
very hot water. This has created a safety problem. Reports have been received
of customers slipping on the shower floor trying to get out from under the hot
water. Other customers have complained of almost getting scalded by the sudden
hot water.
The showers at EPIC have been a maintenance problem since the facility opened,
and dissatisfaction with them is the most frequently -heard complaint received
from our customers. Last year alone, staff spent about $5O0O.O0 on repair parts.
This new problem is being dealt with on a temporary basis by turning down the
hot water temperature; however, when the water for the showers does mix
correctly, the water temperature is too low for a comfortable shower. For safety
reasons, the electric motors for the shower units need to be replaced."
Councilmember Maxey made a motion, seconded by Councilmember Azari, to adopt
Ordinance No. 69, 1991 on First Reading.
EPIC Manager Jeff King provided a cost breakdown of repairs and stated the
condenser had been in service for over 5 years.
Bruce Lockhart, 2500 E. Harmony Road, suggested researching different vendors.
Shirley Reichenbach, Chairperson for the Commission on Disability residing at
1313 Glen Haven Drive, asked how long the warranty would be on the new condenser.
Councilmember Maxey recommended concentrating on the warranty and quality of the
product.
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June 4, 1991
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Staff Reports
Councilmember Maxey gave a brief report on Concrete Improvement Program.
Councilmember Horak stated he recently attended a National League of Cities
Convention in Washington D.C., and reported on testimony given by the Energy
Environment Natural Resources Committee to Congress relating to the Clean Water
Act. He stated the Committee is drafting a policy addressing the burning of
hazardous wastes in cement kilns.
Mayor Kirkpatrick stated Council will not meet on June 18, 1991 due to a Colorado
Municipal League meeting and noted the Colorado Municipal League will be meeting
in Fort Collins next year.
Ordinance No. 64, 1991,
Authorizing the City Manager to
Enter into an Agreement for the
Financing by Lease Purchase of Real
)roperty and Improvements located at
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
This Ordinance, which was adopted 6-0 on First Reading on May 21, authorizes the
City Manager to enter into a lease purchase agreement with the Norwest Investment
Services, Inc. to acquire the Marksman Shooting Range. Council authorized the
City Manager to purchase the Marksman Range during the 1991 budget process. The
City is currently leasing the Marksman Range from Dean Crockett Pitcairn and
recommends lease/purchasing the property now to reduce the financial impact."
Councilmember Edwardswithdrewfrom discussion on this item due to a perceived
conflict of interest.
Councilmember Azari made a motion, seconded by Councilmember Maxey, to adopt
Ordinance No. 64, 1991 on Second Reading.
General Services Director Tom Frazier reported on the appraisal and the
replacement value of the facility.
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June 4, 1991
Police Chief Fred Rainquet stated the size of the facility would adequately
accommodate the Police Department for a long time.
City Manager Steve Burkett stated there were several factors to be reviewed
including cost, liability and public benefit before determining whether to make
the facility available to the public.
Bruce Lockhart, 2500 E. Harmony Road, supported making the facility available
to the public.
Shirley Reichenbach, residing at 1313 Glen Haven Drive, asked if the facility
was handicapped accessible.
Frazier stated the building was handicapped accessible with the exception of the
restrooms.
Councilmember Fromme objected to the purchase price, noting the last appraisal
was conducted in 1988.
Councilmember Horak stated he was not opposed to purchasing the facility but to
purchase it for the asking price.
Mayor Kirkpatrick spoke in support of the ordinance and stressed the importance
of maintaining an adequate training facility for the Police Force.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Kirkpatrick, Maxey and Winokur. Nays: Councilmember Fromme and
Councilmember Horak. (Councilmember Edwards withdrawn)
THE MOTION CARRIED.
Items Related to the City's Fiscal Year 1991-92
Community Development Block Grant Program, Adopted as Amended
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
A. Public Hearing and Resolution 91-85 Adopting Fiscal Year 1991-92 Community
Development Block Grant Programs and Projects.
B. Hearing and First Reading of Ordinance No. 72, 1991, Appropriating
Unanticipated Revenue and Authorizing the Transfer of Appropriations
Between Projects in the Community Development Block Grant Fund.
I The Community Development Block Grant Program provides federal funds from the
Department of Housing and Urban Development to the City of Fort Collins which
can be allocated to housing and community development related programs and
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June 4, 1991 1
projects, thereby reducing the demand on the City's General Fund Budget to
address such needs."
Chief Planner Ken Waido gave a presentation on these items and answered Council
questions.
Councilmember Edwards made a motion, seconded by Councilmember Fromme, to adopt
Resolution 91-85.
Councilmember Fromme opposed the amount of money needed to administer the grant
and requested the City absorb some administration costs through the budget
process.
Councilmember Edwards commended the Community Development Block Grant
Commissioners on their efforts.
Councilmember Horak offered an amendment, seconded by Councilmember Fromme, to
delete under "Public Facilities" the $3,500 funding for the Gustav Swanson Nature
Center.
Councilmember Horak stated the Nature Center is a public facility and the City
should fund the project.
Roy Vratil, 1401 Shamrock, expressed opposition to federal and state funded I
projects.
Shirley Reichenbach, Chairperson for the Commission on Disability residing at
1313 Glen Haven Drive, spoke in support of Councilmember Horak's amendment.
The vote on Councilmember Horak's amendment was as follows: Yeas:
Councilmembers Azari, Fromme, Horak, and Winokur. Nays: Councilmembers Edwards,
Kirkpatrick and Maxey.
THE MOTION CARRIED.
Putnam-Fullana PTO member Mike Lohman spoke of negotiations regarding the
purchase of the property.
Chief Planner Ken Waido stated the School District would retain title of the
property.
City Manager Steve Burkett stated an intergovernmental agreement would contain
provisions clarifying the park would provide both a public neighborhood and
school use purpose.
Councilmember Horak offered an amendment, seconded by Councilmember Fromme,
directing the $25,000 is to be used for both acquisition and development of the '
Putnam-Fullana proposal for the playground recreation area.
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The vote on Councilmember Horak's amendment was as follows: Yeas:
Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur.
Nays: None.
THE MOTION CARRIED.
The vote on Councilmember Edwards' motion as amended was as follows: Yeas:
Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur.
Nays: None.
THE MOTION CARRIED.
Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt
Ordinance No. 72, 1991 on First Reading.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 91-86 Supporting the Concept
of Weight or Volume Based Rate Structures
for Solid Waste Collection Within Larimer County, Adopted
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
The Larimer County Commissioners are considering an ordinance that would require
private waste haulers to institute quantity -based rate structures to provide
economic incentives for resource recovery and waste minimization. The Council
resolution establishes the City's support for the concept of weight or volume
based fee structures. It also directs City staff to (1) work cooperatively with
the County and private waste haulers to assist haulers within the City in coming
into compliance with the proposal if it is adopted by the County, and (2) to
incorporate information about the benefits of quantity -based rates into the
City's ongoing recycling education programs.
BACKGROUND:
The Larimer County Commissioners are considering Ordinance No. 1991-1 (attached),
which would establish licensing requirements. for commercial waste haulers
operating in Larimer County. The ordinance- establishes a requirement for
curbside collection of recyclable materials within the Fort Collins Urban Growth
' Area, and other provisions, which are consistent with adopted requirements of
the City.
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The ordinance goes beyond City licensing requirements by establishing a
requirement that waste haulers institute quantity -based rate structures to
provide economic incentives for resource recovery and waste minimization. The
basis for such requirement is the County's finding that recycling and waste
stream reduction are necessary to maximize the useful life of the Larimer County
Landfill. Proposed regulations which accompany the ordinance allow considerable
flexibility in the manner in which haulers could structure their rates, as long
as the system accurately reflects the actual amount of waste generated by the
customer. Expressly forbidden is a "flat fee" service, which is currently the
type of service now used for all residential waste collection in the City of Fort
Collins.
Motivation for the proposed ordinance stems from the experience of numerous
communities throughout the nation which have found "pay as you throw" waste
collection rates to be immensely effective in promoting both waste minimization
and recycling. Communities that have instituted quantity -based trash rates have
experienced reductions in the overall amount of waste generated ranging from 25
to 50 percent during the first year, with an average reduction of 28 percent.
Part of the decrease is attributed to increases in recycling participation and
part of it results from consumer efforts to minimize the amount of waste
generated. Quantity -based rate structures provide a direct economic incentive
to recycling and waste reduction and they make people more aware of the solid
waste they generate. Throughout the country, quantity -based rates have proved
very popular with the public because they are perceived to be more fair and allow
the consumer, in essence, the option of setting his own monthly rate.
While quantity -based trash rates have positive effects, some negative effects
have been observed. Some areas have experienced increases in illegal dumping,
both along roads, and in commercial dumpsters. Many cities have found it
necessary to place locks on commercial dumpsters. Public education and
enforcement of illegal dumping laws are both needed to combat this concern.
Waste haulers have objected to the requirements because it makes their billing
and accounting procedures more complex and because it places them in the role
of "trash policemen."
County staff held 'a meeting with local waste haulers to discuss the proposed
ordinance. Concerns expressed at the meeting mirrored the negative effects
mentioned above. Local haulers expressed concern about: increases in illegal
dumping; loss of productivity on commercial routes due to the need for locked
dumpsters; increased costs due to changes in billing procedures; and the
perception that they are being required to bear the brunt of City and County
programs on recycling.
This Resolution contains three action statements. It supports the efforts by
the County to institute quantity -based waste collection rates. This action would
significantly enhance the recycling and waste minimization programs in Fort '
Collins and elsewhere in Larimer County. The resolution also directs staff to
take action to address the negative concerns expressed by trash haulers. If
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adopted, staff would work cooperatively with the trash haulers and County staff
to help haulers come into compliance with the provisions of the ordinance. One
potential step, for example, would be to bring in personnel from communities
which have quantity -based rates to offer technical assistance in evaluating the
various options available to the haulers. Staff also proposes to incorporate
information on the new rate system and its public benefits into ongoing
educational programs.
Both the City and the County supported a bill in the recent legislature to alter
the state statute to expressly allow cities and counties to require quantity -
based trash rates. The bill was defeated in committee. The County chose to
proceed with the proposed ordinance after the legislation was defeated at the
state legislature.
The Natural Resources Board discussed the issue of quantity -based rates at its
May 1 meeting. The Board unanimously endorsed a motion to encourage Council to
support the County program. A letter from the.board is attached."
Natural Resources Administrator Tom Shoemaker gave a presentation on this item.
Councilmember Fromme made a motion, seconded by Councilmember Horak, to adopt
' Resolution 91-86.
Frank Lancaster, Larimer County Director of Natural Resources, answered questions
from Council regarding various rate structures. He reported the response to the
new rate structure implemented in various communities around the country has
realized a 25% trash reduction.
William Smith, representing the Natural Resources Advisory Board, stated the
Natural Resources Advisory Board unanimously urged adoption of the resolution.
Scott Dominges, Manager of Fort Collins Disposal Service, requested a slower
approach to implementation and stated the Curbside Program was only one week old
and he did not feel that was adequate time to judge its success.
Shirley Reichenbach, 1313 Glen Haven Drive, urged Council to explore a mandatory
recycling program.
Mayor Kirkpatrick reported that she spoke with John Kuma from Ram Waste
Management and he expressed concerns similar to Mr. Dominges. She also reported
she had visited with the members of the Sierra Club who supported the concept.
The vote on Councilmember Fromme's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick; Maxey and Winokur. Nays: None.
ITHE MOTION CARRIED.
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June 4, 1991
Resolution 91-87 Making Appointments
to Various Boards and Commissions. Adopted
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
Vacancies currently exist, or shortly will exist, on various boards and
commissions due to resignations from boardmembers and the expiration of terms
of members of boards and commissions.
Advertisements were placed during March, April, and May, and applications
accepted through mid-May.Council received copies of the applications and
Council teams interviewed applicants during May and early June.
This Resolution makes appointments to the following boards and commissions:
Building Review Board
Cable TV Board
Commission on Disability
Cultural Resources Board
Downtown Development Authority
Golf Board
Housing Authority
Landmark Preservation Commission
Liquor/Massage Licensing Authority
Natural Resources Advisory Board
Personnel Board
Retirement Committee
Water Board
Zoning Board of Appeals
The Resolution contains the names of those individuals recommended for
appointment by the Council interview teams. As of the printing of this agenda,
several interviews had not been completed. Council liaisons will announce the
remaining recommendations prior to adoption of the Resolution.
Interviews for the following boards and commissions could not be completed prior
to June 4:
Commission on the Status of Women
Library Board
Parks and Recreation Board
Planning and Zoning Board
Senior Advisory Board
Storm Drainage Board
Appointments to those boards will be made at the July 2, 1991 Council meeting."
Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt
Resolution 91-87 inserting the names.
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June 4, 1991
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Other Business
Items Relating to the Reappointment of the
Municipal Judge and Temporary Municipal Judges Postponed to June 11
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
A. Resolution 91-89 Reappointing Kathleen M. Allin as Municipal Judge and
Authorizing an Employment Agreement Between the City and Kathleen M. A11in.
B. Resolution 91-90 Reappointing Gordon F. Esplin and John J. Tobin as
Temporary Judges and Authorizing the Execution of Employment Agreements.
The City Charter provides for the appointment of the
Municipal
Judge for a term
of two years and a Temporary Judge to serve in the
These Resolutions will reappoint Kathleen M. AIIin as
Municipal
Municipal
Judge's absence.
Judge and Gordon
F. Esplin and John J. Tobin as Temporary Judges for
terms to run until June 30,
1993.
BACKGROUND:
Council appointed Kathleen M. Allin for a two-year term as Municipal Judge
beginning July 1, 1989 until July 1, 1991. The attached Resolution provides for
Judge A11in's reappointment for another two-year term beginning July 1, 1991 and
ending June 30, 1993.
On July 18, 1989, Council appointed Gordon F. Espl.in-and John J. Jobi,n.as
Temporary Municipal Judges for terms beginning July 19,'1989,and ending June 30,
1991. The attached Resolution would reappoint Gordon F. Esplin and John J. Tobin
as Temporary Judges for terms to run until June 30, 1993.
Council has met in Executive Session to conduct the annual evaluation of Judge
Allin and will consider the above resolutions in open session."
It was the consensus of Council that' discussion on this item be continued to June
11, at 6:15 p.m.
' Councilmember Maxey spoke of Resolution 89-147 which created the Air Quality
Task Force and requested a report relating to whether the sunset provisions for
the Task Force have been met.
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June 4, 1991 '
Councilmember Fromme requested a two page memo regarding the Gustav Swanson
Nature Center handicapped accessibility issue.
Councilmember Horak made a motion, seconded by Councilmember Azari, to correct
the accessibility issue at the Gustav Swanson Nature Center.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Mayor Kirkpatrick requested a two page memo outlining the extent of the
attractive nuisance problem as well as options used by other cities.
Councilmember Winokur made a motion, seconded by Councilmember Azari, to adjourn
the meeting until June 11, at 6:15 p.m.
The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Adjournment
The meeting adjourned at 9:35 p.m.
ATTEST:
City Clerk I
251
Jt�
Mayor