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HomeMy WebLinkAboutMINUTES-11/16/1999-RegularNovember 16,1999 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, November 16, 1999, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Staff Members Present: Fischbach, Krajicek, Roy. Citizen Participation Kelly Ohlson, 2040 Bennington Circle, spoke about the purchase costs, environmental and natural area concerns, and restoration of the Oxbow site. Bill Miller, 322 Scott Avenue, spoke regarding the need for the proposed public nuisance ordinance. Mary Warring, 309 Orilla Del Lago, Transportation Board member, spoke regarding the benefits of retaining full participation of Urban Growth Area residents on City boards and commissions. Phil Friedman, 201 South Grant Avenue, spoke in support of the public nuisance ordinance. Scott Wilkinson, 2828 Silverplume Drive, representing ASCSU, spoke in favor of further study of the public nuisance ordinance. Citizen Participation Follow-up Councilmember Mason spoke regarding the Pingree Park study session discussion relating to boards and commissions. Councilmember Bertschy noted that the boards and commissions study session discussion has been postponed to January 25. 2 November 16, 1999 Councilmember Bertschy asked about the status of the Oxbow site. City Manager Fischbach noted that if agreement is reached with the property owner that the acquisition would be discussed by the Natural Resources Advisory Board, the Parks and Recreation Board, and the community before it is presented for Council consideration. Councilmember Bertschy noted that he serves on the University/Communities Caucus of the National League of Cities and that he has requested sample nuisance ordinances from other communities with large universities. Councilmember Kastein spoke regarding the public nuisance ordinance. Mayor Martinez spoke regarding the public nuisance ordinance. Agenda Review City Manager Fischbach stated that item #16 First Reading of Ordinance No. 177, 1999, Appropriating Unanticipated Revenue in the General Fund for the Climate Wise Local Government/Industrial Partnership to Reduce Greenhouse Gas Emissions, item #27Items Relating to Amending Chapter 15 of the City Code Pertaining to Secondhand Dealers and Pawnbrokers, and item 937 Second Reading of Ordinance No. 174, 1999, Being the Annual Appropriation Ordinance Relating to the Annual Appropriations for the Fiscal Year 2000 and Adopting the Budget for the Fiscal Years Beginning January 1, 2000, and Ending December 31, 2001, and Fixing the Mill Levy for Fiscal Year 2000 have been revised. He also stated that items #30, 31, and 32 relating to compensation for the City Attorney, City Manager and Municipal Judge have been withdrawn from the agenda until December 7. Kelly Ohlson, 2040 Bennington Circle, withdrew item #19 First Reading of Ordinance No. 179, 1999, Adopting the 2000 Classified Employees Pay and Classification Plan from the Consent Calendar. CONSENT CALENDAR 7. Consideration and adoption of the Council meeting minutes of October 5 and October 19, 1999. November 16, 1999 Second Reading of Ordinance No.153,1999, Authorizing the Purchasing Agent to Enter into an Agreement for the Lease -Purchase of Vehicles and Equipment and AppropriatingFunds unds Related Thereto. Ordinance No.153,1999, was unanimously adopted on First Reading on November 2,1999, authorizes the Purchasing Agent to enter into a lease -purchase financing agreement with Safeco Credit Company at 5.25 percent interest rate. 9. Second Reading of Ordinance No. 161, 1999, Amending Section 2-28 of the City Code Pertaining to Regular Meetings of the City Council. Ordinance No. 161, 1999 which was unanimously adopted on First Reading on November 2, 1999, gives Council the authorization to cancel a regularly scheduled Council meeting. 10. Second Readin¢ of Ordinance No. 162,1999, Designating the South Unit of the Price Paired Home, 626 South Meldrum Street, Fort Collins. Colorado, as a Historic Landmark Pursuant to Chapter 14 of the City Code. The owner of the property, David Alciatore, is initiating this request for Local Landmark designation for the South Unit of the Price Paired Home. The building is architecturally important as an excellent example of the Paired American Foursquare, and is one of only a handful of these duplex homes in Fort Collins. Ordinance No. 162, 1999 was unanimously adopted on First Reading on November 2, 1999. 11. Second Reading of Ordinance No.163, 1999, Designating the Arthur and Lillian Andrew House. Barn and Garage. 515-515%2 South Meldrum Street, Fort Collins. Colorado, as Historic Landmarks Pursuant to Chapter 14 of the City Code. The owners of the property, Thomas T. and Diane M. Tucker, are initiating this request for Local Landmark designation for the Arthur and Lillian Andrew House, Barn and Garage, 515 - 515% South Meldrum Street. The buildings are significant as representative examples of vernacular residential architecture typical of the turn of the century. Ordinance No. 163, 1999 was unanimously adopted on First Reading on November 2, 1999. 12. Second Reading of Ordinance No.164, 1999, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Elizabeth Street Apartments Rezoning. Ordinance No. 164, 1999, which was unanimously adopted on First Reading on November 2, 1999, rezones approximately 1.925 acres of property located on the north side of West Elizabeth Street between Constitution and City Park Avenue. November 16, 1999 13. Second Reading of Ordinance No. 165, 1999, Making Various Amendments to the City of Fort Collins Land Use Code. Ordinance No.165,1999, was unanimously adopted on First Reading on November 2,1999. There is one slight change between First and Second Reading. Staff has modified the language relating to Fences and Walls (Section 31) (Code Section 3.8.11) (Issue Number 263). The change to the new standard is as follows as noted in italics: Fencing and Walls. Fencing and walls shall meet the following standards: If used along collector or arterial streets, such features shall be made visually interesting and shall avoid creating a "tunnel" effect. Compliance with this standard shall be accomplished by integrating architectural elements such as brick or stone columns, incorporating articulation or openings into the design, varying the alignment or setback of the fence, softening the appearance of fence lines with plantings or similar techniques. In addition to the foregoing and to the extent reasonably feasible, fences and sections of fences that exceed one hundred (100) feet in length shall vary the alignment or setback of at least one third (1/3) of the length of the fence or fence sections (as applicable) by a minimum of five (5) feet. 14. First Reading of Ordinance No. 175, 1999, Appropriating Unanticipated Revenue in the General Fund for the Local Action Plan Development for the Cities for Climate Protection Campaign. This Ordinance appropriates $9,175 of unanticipated revenue in the General Fund for the Cities for Climate Protection Campaign that Fort Collins joined in 1997. The funds are part of a grant to the City for use by the Natural Resources Department to complete development of our Local Action Plan to Reduce Greenhouse Gas Emissions. This amount represents the second half of the City's grant allocation, to be received in 1999 upon submittal of the final report to ICLEI. 15. First Reading of Ordinance No. 176, 1999, Appropriating Unanticipated Revenue in the Benefits Fund to Cover Medical Insurance Claims and Other Expenses. This Ordinance appropriates revenue received in the Benefit Fund to cover estimated costs of medical claims and benefit expenses in 1999. The remaining $400,000 in revenues received in the Benefit Fund will be retained to augment plan reserves for future unanticipated medical claims. In addition, changes are being made to the 2000 benefit plans November 16, 1999 to increase revenues from employee contributions. This change is expected to further enhance the Benefit Fund reserves standing. 16. First Reading of Ordinance No. 177, 1999, Appropriating Unanticipated Revenue in the General Fund for the Climate Wise Local Government/Industrial Partnership to Reduce Greenhouse Gas Emissions. This Ordinance appropriates $11,000 of unanticipated revenue in the General Fund. These funds will be used to encourage local industrial and manufacturing businesses to increase energy efficiency, reduce waste generation, save money, and reduce their greenhouse gas emissions. The City will encourage local businesses to participate in the Department of Energy's and EPA's Climate Wise program through offers of technical assistance, economic incentives, and opportunities for public recognition. Participating businesses will be able to take advantage of existing outreach programs offered by the City's Transportation Demand Management department to develop strategies to reduce emissions from the transportation sector. In order to take a leadership role, the City also will develop a plan to reduce greenhouse gases from municipal activities. 17. First Reading of Ordinance No. 190, 1999, Appropriating Prior Year Reserves for the 1998 Manufacturer's Use Tax Rebate Program. In March 1996, City Council approved a temporary rebate program for use tax paid on manufacturing equipment. The program was amended in February 1999 to include several changes suggested by staff and the manufacturing community. The goal of the program is to maintain the local economic base by providing modest tax relief to manufacturing concerns located in Fort Collins. During 1998, the City of Fort Collins received $4,298,241 in use tax receipts from eligible companies within the Standard hndustrial Code classification for manufacturers. This constitutes 72% of all use tax paid by local businesses in 1998. 18. First Reading of Ordinance No. 178, 1999, Continuing a Temporary Manufacturing Equipment Use Tax Rebate Program For Fort Collins' Manufacturers. In March 1996, City Council approved a temporary rebate program for use tax paid on manufacturing equipment. The goal of the program was to maintain the local economic base by providing modest tax relief to manufacturing concerns located in Fort Collins. The program has been authorized to provide rebates to manufacturers for 1997, 1998 and 1999. Modifications were made to the program in 1999 to reflect several requests made by the manufacturing community. Staff is now requesting that Council approve the program without any changes or modifications for 2001. 0 November 16, 1999 19. First Reading of Ordinance No. 179,1999, Adopting the 2000 Classified Employees Pam Classification Plan. When the City initiated the project of revising the compensation and classification system, there were specific objectives to be met as follows: • Develop labor market comparisons that are consistent with the City's compensation philosophy of total compensation set at the 70th percentile • Implement an effective, dependable job classification system • Consolidate job titles • Develop a structured compensation plan • Develop a compensation plan that is understandable to employees and easily implemented by managers This pay plan represents "Phase II" of the new pay plan implementation. This pay plan continues in the philosophy of market comparability and competitiveness. 20. First Reading of Ordinance No. 180, 1999, Amending Section 2-575 of the City Code Relating to Councilmember Compensation. Article II, Section 3 of the City Charter provides that the compensation of Councilmembers shall be adjusted annually for inflation in accordance with the Denver/Boulder Consumer Price Index. In 1999, Councilmembers were compensated $515 per month, and the Mayor received $770 per month. This Ordinance amends Section 2-575 of the City Code to set the 2000 compensation of Councilmembers at $525 and the compensation of the Mayor at $790. 21. Items Relating to the Brookfield Annexation and Zoning. A. Resolution 99-136 Setting Forth Findings of Fact and Determinations Regarding the Brookfield Annexation. B. First Reading of Ordinance No. 181, 1999, Annexing Property Known as the Brookfield Annexation to the City of Fort Collins. November 16, 1999 C. First Reading of Ordinance No. 182,1999, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Brookfield Annexation. This is an annexation and zoning of approximately 50.30 acres in size of private land. The subject annexation is located south of East Harmony Road, east of Cinquefoil Lane alignment, west of County Road 7 and north of County Road 36. The property has rural agricultural uses and is in the FA-1 Farming District in Larimer County. The recommended zoning is the Harmony Corridor District (HC). This is a 100% voluntary annexation. APPLICANT: Tom Iskiyan Chateau Development Co. 8101 East Prentice Avenue, Suite 815 Greenwood Village, CO 80111 OWNERS: Thomas Morroni Electrical Equipment Engineering Company- Employee Profit Sharing Trust P.O. Box 16383 Denver, CO 80216 North Poudre Irrigation Company C/o Dwayne Aranci 41288 Weld County Road #15 Fort Collins, CO 80524 22. First Reading of Ordinance No. 183, 1999 Authorizing the Conveyance of Nonexclusive Easement Interests for the Construction of Off Site Water and Sewer Lines Related to the Hannon} Ridge P.U.D. in the Cathy Fromme Prairie Natural Area. Staff and the Natural Resources Advisory Board (NRAB) have reviewed the easements and utility plans and have no objections to the easements being approved. All four easements will replace or modify existing easements to accommodate changes to plans for the water or sewer lines. Three of the easements are very routine and have minimal impact to the Cathy Fromme Prairie. Easement (1), as described in detail below raised issues that staff has worked with the developer to address. The easement will require that the impacts during construction be minimized and a restoration plan be developed and implemented. These requirements are improvements over the currently existing easement. November 16, 1999 23. Routine Easement. A. Easement from Carl and Janet Gueswel to underground existing overhead electric services, located at 617 Smith. Monetary consideration: $10. Ordinances on Second Reading were read by title by City Clerk Wanda Krajicek. Second Reading of Ordinance No. 153,1999, Authorizing the Purchasing Agent to Enter into an Agreement for the Lease -Purchase of Vehicles and Equipment and Appropriating Funds Related Thereto. 9. Second Reading of Ordinance No. 161, 1999, Amending Section 2-28 of the Cites Pertaining to Regular Meetings of the City Council. 10. Second Reading of Ordinance No. 162, 1999, Designating the South Unit of the Price Paired Home 626 South Meldrum Street, Fort Collins. Colorado, as a Historic Landmark Pursuant to Chapter 14 of the City Code. 11. Second Reading of Ordinance No.163, 1999, Designating the Arthur and Lillian Andrew House, Barn and Garaee, 515-515% South Meldrum Street, Fort Collins, Colorado, as Historic Landmarks Pursuant to Chapter 14 of the City Code. 12. Second Reading of Ordinance No. 164,1999, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Elizabeth Street Apartments Rezoning. 13. Second Reading of Ordinance No. 165, 1999, Making Various Amendments to the City of Fort Collins Land Use Code. 34. Items Relating to Utility Rates for 2000. A. Second Reading of Ordinance No. 166, 1999, Amending Chapter 26, Article III, Division 4 of the City Code Relating to User Fees and Charges for Water. B. Second Reading of Ordinance No. 167, 1999, Amending Chapter 26, Article IV, Division 4 of the City Code Relating to Wastewater Fees and Charges. C. Second Reading of Ordinance No. 168, 1999, Amending Chapter 26, Article VI, Division 4 of the City Code Relating to Electric Rates and Charges. November 16, 1999 D. Second Reading of Ordinance No. 169, 1999, Amending Chapter 26, Article VII, Division 2 of the City Code Relating to Stormwater Fees. E. Second Reading of Ordinance No. 170,1999 Amending Chapter 26 of the City Code Relating to Fees for Raw -water Requirements for the Water Utility. 35. Second Reading of Ordinance No. 171,1999, Amendingthe he City Code to Adjust the Capital Improvement Expansion and Neighborhood Parkland Fees for Increases to Reflect Inflation Based on the Denver -Boulder Consumer Price Index. 36. Items Relating to the 2000 Downtown Development Authority Budget. A. Second Reading of Ordinance No. 172, 1999, Appropriating Operating Funds and Approving the Budget of the Downtown Development Authority for the Fiscal Year Beginning January 1, 2000, and Fixing the Mill Levy for the Downtown Development Authority for Fiscal Year 2000. B. Second Reading of Ordinance No.173, 1999, Appropriating Revenue in the Downtown Development Authority Debt Service Fund for Payment of Debt Service for the Year 2000. 37. Second Reading of Ordinance No. 174, 1999, Being the Annual Appropriation Ordinance Relating to the Annual Appropriations for the Fiscal Year 2000 and Adopting the Budget for the Fiscal Years BeginningJanuary 1, 2000, and Ending December 31, 2001, and Fixing the Mill Levy for Fiscal Year 2000. Ordinances on First Reading were read by title by City Clerk Wanda Krajicek. 14. First Reading of Ordinance No. 175, 1999, Appropriating Unanticipated Revenue in the General Fund for the Local Action Plan Development for the Cities for Climate Protection Campaign. 15. First Reading of Ordinance No. 176, 1999, Appropriating Unanticipated Revenue in the Benefits Fund to Cover Medical Insurance Claims and Other Expenses. 16. First Reading of Ordinance No. 177, 1999, Appropriating Unanticipated Revenue in the General Fund for the Climate Wise Local Government/Industrial Partnership to Reduce Greenhouse Gas Emissions. 10 November 16, 1999 17. First Reading of Ordinance No. 190, 1999, Appropriating Prior Year Reserves for the 1998 Manufacturer's Use Tax Rebate Program. 18. First Reading of Ordinance No. 178, 1999, Continuing a Temporary Manufacturing Equipment Use Tax Rebate Program For Fort Collins' Manufacturers. 19. First Reading of Ordinance No.179,1999, Adopting the 2000 Classified Employees Pay and Classification Plan. 20. First Reading of Ordinance No. 180, 1999, Amending Section 2-575 of the Cites Relating to Councilmember Compensation. 21. Items Relating to the Brookfield Annexation and Zoning. A. First Reading of Ordinance No. 181, 1999, Annexing Property Known as the Brookfield Annexation to the City of Fort Collins. B. First Reading of Ordinance No. 182,1999, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Brookfield Annexation. 22. First Reading of Ordinance No. 183, 1999 Authorizing the Conveyance of Nonexclusive Easement Interests for the Construction of Off Site Water and Sewer Lines Related to the Harmony Ridge P.U.D. in the Cathy Fromme Prairie Natural Area. 27. Items Relating to Amending Chapter 15 of the City Code Pertaining to Secondhand Dealers and Pawnbrokers. A. First Reading of Ordinance No. 184, 1999 Amending Chapter 15 of the City Code Relating to Pawnbrokers. B. First Reading of Ordinance No. 185, 1999, Amending Chapter 15 of the City Code Relating to Secondhand Dealers. 28. First Reading of Ordinance No. 186, 1999 Authorizing the Conveyance of Non-exclusive Easement Interests to Boxelder Sanitation District for the Construction of Flood Control Measures and the Repair of Flood -Caused Damage in and Along the Poudre River in the Archery Range Natural Area. 11 November 16, 1999 Councilmember Mason made a motion, seconded by Councilmember Wanner, to adopt and approve all items not withdrawn from the Consent Calendar. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. Ili :ifl�[i�l i�[N\;7;71�1a7 Staff Reports City Manager Fischbach reported that the public nuisance ordinance has been postponed to February 1, 2000 pending review by the Council Health and Safety Committee on December 9 and the completion of public outreach efforts. Councilmember Reports Councilmember Wanner reported on the Finance Committee's discussions regarding the competitive process for the allocation of funds for affordable housing, the cost of living increase for the general employees retirement plan members, the renewal of the audit contract with Bondi and Company, e- commerce issues, electric deregulation, and transportation funding shortfalls. Councilmember Mason reported on the Growth Management Committee's discussions regarding the County open lands program, the Campus West Corridor Plan, the West Chase development, amendments to City Plan, and rural and open lands stream corridors. Councilmember Byrne reported on the North Front Range Transportation and Air Quality Planning Council discussions regarding the State transportation funding allocation and federal flow -through dollars from the gas tax, Weld County's transportation and public facilities impact fee, and the flow of federal highway dollars to local planning regions. Mayor Martinez reported on the Poudre School District Liaison Committee's discussions regarding the performing arts center, Building Community Choices ballfield funding, and a proposed school district bond issue for new schools. Items Relating to Amending Chapter 15 of the City Code Pertaining to Secondhand Dealers and Pawnbrokers, Postponed Indefinitely The following is staff s memorandum on this item. 12 November 16, 1999 "Executive Summary A. First Reading of Ordinance No. 184, 1999 Amending Chapter 15 of the City Code Relating to Pawnbrokers. B. First Reading of Ordinance No. 185, 1999, Amending Chapter 15 of the City Code Relating to Secondhand Dealers. Thefirst major re -codification of the current ordinances regulating thepawn and secondhand dealer industries was completed in 1972, with some minor changes made in 1986. A City staff team (Police, Finance and City Attorney) began working on changes to the Code provisions in June of 1997 in order to address some issues that have arisen in the past 13 years regarding implementation and enforcement. The costs associated with monitoring, enforcing and regulating the industry, as required by the Code and state law, have increased dramatically over the last 13 years. The different types ofsecondhand property involved in transactions have also changed dramatically. The proposed Code amendments have been made in order to increase consistency in reporting and monitoringprocedures, provide those regulated with a clear understanding what is required ofthem, and allow the City (Police Services) to recover some amount for the costs associated with monitoring these establishments. Throughout the process, staff asked for and received much input from both pawnbrokers and secondhand dealers. Staffheld several meetings inviting all pawnbrokers licensed within the City and two meetings to which all secondhand dealers currently licensed, and also those who would be required to be licensed if the amendments were to be adopted, were invited. Staff also contacted communities alongthe front range which regulate these two industries to determine the current costs and practices in those communities. Changes are being recommended considering input from all these sources. The major changes to the pawnbroker regulations are as follows: raising the license fee from $55 to $1000, requiring a transaction fee to be set by the CityManager to cover the costs of monitoring, requiring a single fingerprint from all persons pawning items, and requiring a work permit which allows Police Services to run a background check and investigation of both employees and pawnbrokers. Further, the time period for holds on property suspected to be stolen has increased from 30 to 90 days in order to allow a more thorough investigation, as well as changing the hold order procedure to allow the pawnbroker to return the item to the floor within a time certain should no criminal prosecution result. 13 November 16, 1999 With the secondhand dealers, the proposed changes include increasing the licensing fee from $55 to $100, establishing a hold order procedure and requiring a declaration of ownership from the seller of secondhand property, and inspection of the premises." Deryle O'Dell, Deputy Police Chief, presented background information regarding the agenda item and stated that the proposed changes have been reviewed with the Health and Safety Committee and pawnbrokers and secondhand dealers. He outlined the major recommended changes that would be implemented with adoption of the two proposed ordinances. City Attorney Roy reviewed revisions that have been made to the proposed ordinances following publication in the printed agenda and noted that most of the changes are grammatical and that some changes would relax the provisions relating to pawnbrokers. The following individuals spoke in opposition to provisions of the proposed ordinances: 1. Mike McCormick, Courtesy Pawn Shop. 2. Jim Wade, 1127 Lawrence Drive, former pawnbroker. 3. Dave Hudson, Recycled Cycles owner. 4. Kristine Kirkpatrick, 946 Laporte Avenue. 5. Mark Murphy, 2832 Eagle Drive, pawn customer. 6. Tim Lanham, 730 East County Road 66E, Mister Money U.S.A. 7. Josh Lanham, employee of Mister Money U.S.A. 8. Greg Bell, attorney. 9. Matthew Will, employee of Mister Money U.S.A. 10. Jessica Lanham, employee of Mister Money U.S.A. 11. Ted Will, 77 Castle Mountain Drive, Livermore, Mister Money U.S.A. officer. 12. Jamie Will, employee of Mister Money U.S.A. 13. Kenneth Wolfe, attorney representing Mister Money U.S.A. 14. Chris Will, Mister Money U.S.A. owner. 15. Wendy Lanham, no address given. 16. Bernard Brennan, employee of Mister Money U.S.A. 17. Kay Dechairo, 601 Gait Circle. 18. Dave Rideout, Yesterday's Treasures owner. 19. Paul Thompson, Fort Collins resident. 20. Larry Bruns, 1706 Trailwood. 21. Jorge Figueroa, 2001 South Shields. 22. Tye Ricker, secondhand dealer and Mister Money U.S.A. consultant. 23. John Reagan, Fort Collins resident. 24. Dani Goodrich, employee of Mister Money U.S.A. 14 November 16, 1999 Councilmember Mason asked about statistics relating to stolen goods at Fort Collins pawnshops. O'Dell stated that the estimate is 1-3 percent. Councilmember Byrne asked about the amount of stolen property recovered through pawnshops. O'Dell stated that the amount recovered specifically from pawnshops is not itemized. Councilmember Mason asked about common ways to recover stolen property. O'Dell spoke regarding the recovery of stolen property. Councilmember Kastein asked for an estimate of stolen property that would be recovered and the amount of police hours that would be saved if fingerprinting was done. O'Dell stated that fingerprinting would be primarily a crime deterrent and would aid prosecution. Councilmember Bertschy asked for additional explanation regarding the need for an age requirement and work permit. O'Dell explained the rationale for the age requirement and stated that the intent is not to deter students from getting work experience at this type of business. Councilmember Bertschy asked how many items would be covered by the transaction fee. City Attorney Roy noted that the ordinance language may need to be reviewed as it relates to sale of a number of small items such as CD's. Councilmember Bertschy asked if more than one license would be required if an entityhas more than one outlet. City Attorney Roy stated that the language could be reviewed prior to Second Reading. Councilmember Byrne asked about the rationale for the increase in the pawnbroker's license fee. O'Dell spoke regarding the recovery of stolen property from pawnshops. Councilmember Bertschy asked about the penalties for pawning of stolenproperty and whetherthere is sufficient deterrent already in place for to discourage pawnshops from receiving stolen property. Detective Dave Mickelson spoke regarding the need to identify persons who pawn stolen property. Councilmember Weitkunat asked for further statistical information demonstrating the need for the ordinance. Mickelson presented the police perspective regarding arrests and recovery of stolen property. Councilmember Weitkunat asked about the rationale for the increase in the license fee to $1,000 and for imposition of a transaction fee. O'Dell stated that the role of the police department is inspection, monitoring and enforcement. 15 November 16, 1999 Councilmember Weitkunat questioned the need for work permits for any business. Mickelson spoke regarding turnover in pawnshop personnel. Mayor Martinez asked about the computer system used for identification. Mickelson spoke regarding the process for identification based on fingerprints. Mayor Martinez asked about the percent of recovered stolen property and the number of pawnshops in the County and Denver metropolitan area. Mickelson stated that there is one pawnshop in the County and about 100 in the metro area. Councilmember Mason asked how much stolen property from other cities is pawned in Fort Collins. Mickelson spoke regarding limitations in the current computer system in identifying property stolen in other cities. Mayor Martinez asked about the timeframe for investigating applicants for work permits. City Manager Fischbach stated that the ordinance allows up to 45 days. O'Dell stated that a temporary work permit would be issued until the background check is completed. Councilmember Mason asked if fingerprinting will deter repeat offenders. Mickelson stated that fingerprinting is intended to be a tool for prosecution rather than a deterrant. Councilmember Kastein asked where the need for fingerprinting is justified in the ordinance. City Attorney Roy stated that the rationale for fingerprinting is not included in the preamble for the ordinance. Councilmember Mason asked for clarification that the point of the ordinance is prosecution of the criminal rather than recovery of stolen property. O'Dell stated that prosecution and recovery are both important. Mayor Martinez asked if the department could function as needed without the transaction fee. City Manager Fischbach stated that the transaction fee could be reduced. Councilmember Byrne spoke regarding the issue of fingerprinting and asked about the practice in other communities. O'Dell stated that the practice in other communities is fairly recent. Councilmember Byrne asked if transactions at otherbusinesses such as banks require fingerprinting. City Manager Fischbach noted that some businesses fingerprint individuals who wish to cash checks. Councilmember Byrne asked about the legality of fingerprinting. City Attorney summarized case law regarding fingerprinting and regulated industries. 16 November 16, 1999 Councilmember Weitkunat asked if the police department reviews every item pawned. Mickelson stated that pawnbrokers report all transactions to the police on a weekly basis. Councilmember Wanner made a motion, seconded by Councilmember Byme, to send the item back to the Health and Safety Committee. Councilmember Mason thanked the members of the community for their input. Councilmember Byrne spoke regarding the role of government in achieving a balance between democracy and order. CouncilmemberBertschy requested a friendly amendment to the motion to postpone both ordinances indefinitely. The motion maker and the second accepted this as a friendly amendment. Councilmember Weitkunat spoke regarding the need for all parties to work together to achieve a quality ordinance that accomplishes what is intended. Councilmember Kastein noted that Council will consider the input from the police department and the community. The vote on the motion to send the ordinances back to the Health and Safety Committee and to postpone Ordinance No. 184, 1999 and Ordinance No. 185,1999 indefinitely was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED ("Secretary's Note: Several Dial -a -Ride clients were allowed to provide input regarding Second Reading of Ordinance No. 174, 1999 at this point in the meeting. Their input is recorded later in the minutes as part of that agenda item.) Ordinance No. 186,1999 Authorizing the Conveyance of Non-exclusive Easement Interests to Boxelder Sanitation District for the Construction of Food Control Measures and the Repair of Flood -Caused Damage in and Along the Poudre River in the Archery Range Natural Area, Adopted on First Reading The following is staff s memorandum on this item. 17 November 16, 1999 "Financial Impact The Boxelder Sanitation District (BSD) will be responsible for all costs associated with the food control measures and repairs to flood cause damage that they are proposing. The City will be compensated for the fair market value of the both the permanent and temporary construction easement as consideration. The amount will be determined prior to Second Reading. Executive Summary This past summerBoxelder Sanitation District (BSD) received an easement from the City to do some minor emergency repair work along the Poudre River south of its sewer lagoons. This work will be done by the USArmy Corp of Engineers later this fall. To adequately protect the BSD lagoons and a 4 inch sewer line, BSD contends that much more work is needed before food season next spring. BSD has received approval from the Lorimer County Flood Review Board for its proposed flood control measures. BSD needs an additional easement from the City prior to performing the additional work. Staff, the Natural Resources Advisory Board (NRAB), and the Water Board, recommend that the use of the easement be limited to the construction of only four of the nine food control measures and repairs of flood cause damage proposed by BSD at this time. Staff has determined that a more extensive study of the River is needed to define what food control measures are warranted, to further explore alternatives, and to ensure that any food control measures are compatible with future natural area restoration and enhancement efforts on the property. The other five food control measures would have a significant impact on the River and on property that the Natural Resources Department (NRD) is in the process of acquiring for natural area purposes south of the River. Staff is recommending that the NRD partner with BSD to fund the study, since the NRD manages (or will soon manage) on behalf of the City most of the surrounding property. BACKGROUND: Over the last three months, the County Stormwater Engineer, and staffhave been meeting with BSD to determine what food control measures are necessary to protect their treatment plant and a 4" force main sewer line from food damage. In August, BSD made a presentation to the Lorimer County Flood Review Board. The Flood Review Board questioned some of the measures that BSD was proposing, and tabled the issue to allow BSD time to resolve the concerns noted by the Flood Review Board and to resolve issues with the City (Stormwater and Natural Resources). Members of the NRAB and staff have toured the BSD site and have had two presentations on the flooding problems facing BSD. On September 29, BSD presented the NRAB with its latest flood protection strategy. On October 13, the Natural Areas (NA) subcommittee of the NRAB met to discuss BSD's proposal. On November 3 the subcommittee reported back to the NRAB. The NRAB approved the recommendation made by the NA subcommittee. The flood control measures and repairs that the m November 16, 1999 NRAB and staff have agreed are appropriate for BSD to construct at this time are the four items listed below. On October 22, BSD met again with the Larimer County Flood Review Board. The Flood Review Board approved most of the proposed food control measures with these contingencies: 1) BSD must get the final plans approved by City and County technical staffprior to starting construction, and 2) BSD must work to obtain approval from FEMA, although the Flood Review Board is not requiring FEMA approval before construction begins. City Stormwater and Natural Resources staff have determined that many of the food control measures that BSD is proposing warrant further study. Many of the food control measures will have a significant impact ofthe River and the surroundingproperty. The impacts range from short- term loss of vegetation to long-term effects on the f oodway and f oodplain. Staff is proposing that the Natural Resources Department (and perhaps other property owners in the area) partner with BSD to fund an extensive study of the River between the Environmental Learning Center and the railroad track south of the BSD site. The study would focus on the south bank and would present alternative for formalizing the flow splits, evaluate stream and bank stability, prepare a regrading/reclamation plan for the POE and Rigden gravel pits, and obtain FEMA's approval for proposed food control measures prior to construction. Staff, NRAB and Water Board, agree that the following f ood control measures and repairs to f ood caused damage should be allowed at this time. Item 1 is the repair and protection of a sewer force main, which will require an amendment to an easementpreviously granted to BSD by the City. Item 2 is permitted under the easement granted to BSD by the City in July, 1999, and is the complete removal of a dike on the south bank that was built byLaFarge to protect its gravel mining operation, which is no longer needed. Items 3 and 4 will require anew temporary and permanent easement, respectively. Item 3 is the restoration ofareas on Cityproperty that were washed out during the '99 flooding. Item 4 is a long-term reasonable measure to protect the lagoons and constructed wetlands. These items are listed below and are shown on an attached drawing. They are identified on the drawing by the number of the item. Item 1. Protect Force Main Near Railroad Tracks. BSD wants to protect the force main near the railroad tracks where a washout occurred during the '99 f ood. BSD would place riprap and cover with topsoil. BSD would revegetate the disturbed areas with native plant materials. BSD already has an easement from the Cityfor the force main that allows them to perform maintenance, and an amendment to the easement will allow the alteration ofthe plan for the sewer line to include the new protective measures. Item 2. Remove a dike that was built by LaFarge in 1995 on City property just south of its plant. The USArmy Corp of Engineers will remove the north half of this dike as apart of the work that was included in an easement granted to BSD in July. BSD is proposing to remove the south half of the dike and return the bank to the pre -gravel mining elevation. BSD would revegetate the disturbed areas with native plant materials. 19 November 16, 1999 Item 3. Restore three eroded breakouts to pre-existing flood conditions. Some ofthese cuts are 10' deep and 20' wide. BSD must not use material from the River or the gravel bar for this fill. BSD would revegetate the disturbed areas with native plant materials. Item 4. Install Buried Rpprap to protect sewage lagoons and constructed wetlands. BSD would like to install buried riprap on City property at location 4a) to protect the sewage lagoons and on BSD property at location 4b) to protect the constructed wetlands. These measures would be along the north bank of the River immediately adjacent to the lagoons and constructed wetlands. BSD must not use material from the River or thegravel barfor this fill. BSD would cover the riprap with topsoil and revegetate the disturbed areas with native plant materials. This work is an extension of the lagoon protection work, to be started by the USArmy Corp Of Engineers latter this fall, that was included in an easement granted to BSD in July. Staff, NRAB and Water Board, have determined that the following flood control measures should be not be constructed at this time. These measures are hard -engineered expensive solutions that will have a significant permanent impact on the River and therefore warrant further study. Additional study will allow time to look at alternative (possibly softer and less expensive) flood control measures, integrate the flood control measures with the reclamation of the natural areas along the south bank of the River, and will ensure that the proper measures are used to minimize the impacts to the River. These items are listed below and are shown on an attached drawing. They are identified on the drawing by the number of the item. Item 5. Construct two rock control structures in theRiver, one upstream ofthe BSD plant and one downstream of the plant. BSD's engineer claims that these structures will stabilize the bed of the River. The upstream structure 5a) is not on City property and therefore no easement is requiredfrom the City to construct this structure. Item 6. Construct two rock drop structures in the River just south of the BSD plant. BSD's engineer says that these structures will dissipate energy in the River to control erosion. They would also provide additional aeration of the water, which is beneficial for water quality, aquatic life, and would enhance mixing of the BSD effluent and the Poudre River. The 1.5' drop structure 6a) is not on City property and therefore no easement is required from the City to construct this structure. Item 7. Construct a 350' Weir. This would allow floodwaters to breakout of the River at a controlled location and would protect the BSD plant and 4"force main sewer line. BSD would like to build an interim earthen weir with minimal riprap along the River and then come back in later and harden it with additional riprap and concrete. As a part of the earthen weir BSD would also need to protect three sewer manholes with buried riprap. BSD would revegetate the disturbed areas with native plant materials. 20 November 16, 1999 Item 8. Additional cover on the CDOT force main. BSD installed a 4 "force main sewer line to the new Colorado State Patrol Building and the CDOT rest area on I-25 last year. Although it had not been placed into service, it was damaged by last spring's flood. BSD repaired and improved the force main this summer, put it into service this fall, and would now like to place an additional 2.5' to 3.0'of material over the line for a distance of 2,500'. Item 9. Remove approx. 4' depth of sand bar deposits and sculpt sand bar bank. BSD feels that this will increase the channel carrying capacity and provide the River additional area to dissipate its energy. The Flood Review Board did not consider this." Mark Sears, Natural Resources Program Manager, presented background information regarding the agenda item and showed slides to give a visual orientation for the site. He stated that the City is the landowner of property on which the Boxelder Sanitation District would like to construct improvements and also the owner of adjacent land that would be impacted by the improvements. He noted that the District is proposing nine flood control measures and damage repairs and that staff, the Natural Resources Advisory Board and the Water Board agree with Boxelder on four of those items: (1) repairs to the force main, (2) removal of the south half of a dike built in 1995, (3) restoration of three eroded areas, and (4) riprap work along lagoons and constructed wetlands. He stated that staff feels that the other five items require additional work and study. Ravi Srivastava, engineer representing Boxelder Sanitation District, spoke regarding the history of flooding, gravel mining, and dike improvements near the site and impacts on Boxelder facilities. Randy Fischer, Natural Resources Advisory Board, spoke regarding long term stability of the river channel and long term restoration goals for natural areas along the river and endorsed staffs recommendation. Ramon Aj ero, 3712 Soderburg Drive, spoke regarding the folly of ill-conceived river structures and urged Council to follow staff s recommendation. Scott Wilkinson, civil engineering student at CSU, spoke regarding the need to protect the force main to prevent spillage of effluent into the river. Sally Craig, 1409 South Summitview, stated that there is a need to carefully develop a plan for the area and spoke in support of the staff recommendation. Dean Smith, Boxelder Sanitation District manager, stated that the District supports the study of the area, that the project would not damage the environment, and that it is in the District's interest to be in compliance with all regulations and to protect the environment. 21 November 16, 1999 Gordon Wellfly, Timnath area resident, spoke regarding the benefits ofriver restoration and the need to protect the environment. CouncilmemberByme asked about the risk ofdelay. Bob Smith, Stormwater Utility Manager, spoke regarding the phasing of restoration and the staff recommendation regarding improvements. Mr. Srivastava spoke regarding the Larimer County Floodplain Variance Board approval of placing a cover on the force main. City Manager Fischbach noted that this approval was subject to the City's approval of the work. Sears stated that the Board's approval included contingencies requiring review and approval of the plans by City and Larimer County technical staff and requiring Boxelder to seek approval from FEMA after construction. Mr. Srivastava spoke regarding the contingencies placed upon the Board's approval. Councilmember Bertschy asked about the liability ofLaFarge to resolve the problem created bytheir construction of a dike on City property. Sears stated that LaFarge is working with Boxelder on the issue. Councilmember Bertschy asked about objections to item 9. Bob Smith spoke regarding alternatives to dredging a channel that would have less impact than the proposal. Mayor Martinez asked ifvegetation would be destroyed ifBoxelder's proposal is implemented. Bob Smith stated that the recommended work will not destroy vegetation. Councilmember Byme asked for clarification that the work proposed by Boxelder would involve more structural engineering work and that the alternative would be to study "softer" approaches. Sears stated that further study is recommended to determine if the proposed structures are in the appropriate locations, if the structures are of an appropriate type, and if they are as environmentally sensitive as possible. The other aspect of the study would be to integrate the improvements with the reclamation of gravel pits to the south. He stated that the overall negative impacts to the river of the structures proposed by Boxelder are potentially greater than the potential release of sewage from the four -inch sewage line. City Manager Fischbach stated that the City staff, Natural Resources Advisory Board, and Water Board are recommending the delay to provide an opportunity for further study. Councilmember Kastein noted that the City may not be financially responsible if there is a release of sewage from the line and asked for the District's perspective. Dean Smith spoke regarding criminal and personal liability and requested indemnification of the District if there is to be a delay in the improvements. 22 November 16, 1999 Mayor Martinez asked if permission was obtained from the County when the District installed the sewer line. Dean Smith noted that County permission was not required because the grade was not changed. Councilmember Weitkunat asked why granting of an easement is required. Sears stated that the structures on City property would require an easement from the City, while the structures that are not on City property would not require such an easement. Councilmember Weitkunat asked about the size of the disputed control structures. Mr. Srivastava spoke regarding the approximate size of the structures. Councilmember Weitkunat asked about the restoration of LaFarge property and changes to the river as a result of LaFarge activities. Sears stated that LaFarge would be required to restore the property to pre -mining condition. Councilmember Weitkunat asked about the hazards imposed upon the river by sewage treatment facilities such as lagoons. Bob Smith spoke regarding risks due to flooding or damage to facilities. Councilmember Wanner made a motion, seconded by Councilmember Mason, to adopt Ordinance No. 186, 1999 on First Reading. Councilmember Mason spoke in favor of following the recommendation of staff and the City's boards. Councilmember Weitkunat spoke regarding the available choices and favored protecting the sewage treatment facilities from spring flooding risks. She stated that she would not vote in favor of the motion. Councilmember Kastein questioned selecting only certain elements out of an engineering solution and stated that it is not clear that it is the City's risk. Councilmember Bertschy spoke in favor of eliminating the immediate problems and working together to develop a total solution. Councilmember Byrne spoke in favor of the motion and expressed a concern with dealing with this type of situation in crisis mode. Councilmember Wanner stated that there are other alternatives such as shutting down the line temporarily if flood threatens and that the risk is reasonable and warranted. He stated that he would support the motion. 23 November 16, 1999 Mayor Martinez expressed concerns regarding the risks of delay. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Mason, and Wanner. Nays: Councilmembers Kastein, Martinez, and Weitkunat. THE MOTION CARRIED Resolution 99-137 Establishing a Policy to Take Cost-effective Actions That Benefit the Community to Reduce Local Greenhouse Gas Emissions, Adopted as Amended The following is staff s memorandum on this item. "Financial Impact Adopting the Resolution incurs no financial impact. However, the Resolution directs the City Manager to consider greenhouse gas reducing activities in the Plan in budget and staff work plan development. At each budget cycle, Council would evaluate greenhouse -gas -reducing activities in the overall context of budgetary decision -making and determine whether the actions merit funding at that time. For measures in the Plan with cost estimates, known capital costs would be about $500, 000 over ten years, and annual operating costs would be about $237, 000/year, which is more - than -offset by annual savings of $336, 000/year. Executive Summary At a June Study Session, Council reviewed the Local Action Plan to Reduce Greenhouse Gas Emissions ("the Plan'). In response to Council direction, the Plan has been amended to focus on actions that not only reduce greenhouse gases but also improve local air quality, reduce local energy bills, support existing goals and City projects, or provide other benefits to Fort Collins' citizens and businesses. The purpose of the proposed resolution is to begin Plan implementation. By adopting the Resolution Council would: • Acknowledge the importance of reducing greenhouse gas emissions • Accept the Plan as a blueprint for implementation, without committing budget resources to any specific action at this time • Grant the City Manager flexibility to select specific actions from the Plan, to be advanced in budget recommendations and staff work plans • Require the City Manager to convene a staff Energy Management Team, to sustain a focus on effective greenhouse gas reducing activities and to coordinate reduction of greenhouse gases from municipal operations 24 November 16, 1999 • Require the City Manager to prepare a biennial report for Council, in advance of City budget preparation, evaluatingpastgreenhouse-gas-reducing activities, and making recommendations for future action • Require the City Manager to consider greenhouse -gas -reducing activities in his budget recommendations, and Council would decide whether to commitfunds to implement specificplan measures in the context of budget adoption. BACKGROUND: The City has an outstanding track record for implementing programs to address environmental concerns. The City's environmental programs focus on local issues, but they take a broader perspective and attempt to make a difference in addressing environmental concerns that cross jurisdictional boundaries. The programs take to heart the time-honored phrase of "thinking globally and acting locally. " Climate change is a prime example of a global issue with local implications. Scientific consensus is growing that the risk of a climate change is significant enough to warrant prudent action to reduce greenhouse gas emissions now, especially since such actions provide many local benefits such as decreasing air pollution, creating jobs, and reducing energy bills. TheXities for Climate Protection Campaign, " coordinated by the International Council forLocal Environmental Initiatives (ICLEI), helps local government to identify and implement community actions to reduce greenhouse gas emissions. More than 300 municipalities worldwide now participate in the campaign, including Denver, Boulder, and Aspen. The 1996 Fort Collins Air Quality Action Plan calls for participation in the `Cities for Climate Protection Campaign, "and the City became a member in July 1997. By joining the campaign, the City voluntarily committed to thefollowing: • Audit 1990 greenhouse gas emissions and forecast emissions in 2010. • Set a greenhouse gas emissions reduction target. • Develop a local action plan to meet the target. In July 1998, an interdepartmental staff team and a citizen advisory committee were convened to carry out these commitments, supported by a grant f om ICLEL The staff team and citizen committee labored for over a year to develop the Plan, a ten-year blueprint to guide efforts to reduce local greenhousegas emissionsftomfossilfuel combustion and waste generation. Since June1997,many hours ofstafftime and volunteer services have been invested in the careful development ofthis Plan. Reasonable, defensible numbers were used in developing the emissions audit and in estimating the reduction potential ofproposed actions. The staff team and citizen committee completed its work 25 November 16, 1999 by developing the Local Action Plan to reduce greenhouse gases. Afull copy ofthe Plan is available in the Council Office. The emissions audit and draft plan were completed in May 1999 and extensive public outreach was conducted, including a Council study session on June 8, 1999. As a result offeedback received from Council and the public in May and June, the draft plan was modified in the following ways: Reorganization of the measures into the following categories Existing — measures that already exist in the community or City organization although they are not necessarily completed. New —measures that emerged initially though greenhouse gas reduction discussions and are primarily intended to reduce greenhouse gases. Pending — measures not yet approved by the City, but that would be brought forward for consideration under the normal course of business, regardless of their capacity to reduce greenhouse gas emissions, • Improved quantification of the costs and benefits of New and Pending Measures. • Prioritization by the Staff Technical Team and the Citizen Advisory Committee of the new and pending measures. • Elimination of the following measures: Cleaner Buses, Mandatory Recycling, Transportation Funding Advisory Committee Recommendation, Establish a Compressed Natural Gas Fueling Station for Gov. Fleets. • Addition of the following measures: Satellite parks shop, Natural areas shrub planting, City feet propane vehicles. Attachment 1 provides the best available estimates of the costs and savings associated with the proposed measures, although not all costs or savings could be estimated. Public Outreach Public comment was gathered on the original draft plan in May from civic groups, interested citizens, via the Web, and at a public open house. No major concerns were identified through this process. Efforts were made to send the revised plan (September 1999) to all those commenting on the original draft. 26 November 16, 1999 Staff has made presentations to four City advisory boards in the course of the development of the Plan (Air Quality, Electric, Transportation, and Natural Resources) and six additional boards received a copy of the original draft plan in May. All comments received by the Natural Resources Department on the Plan are documented in the Listening Log (See Attachment 3.) Board Review The Air Quality, Transportation, Electric, and Natural Resources Advisory Boards all support the Plan. Each of these Boards has recommended that the Council adopt stronger language in the resolution that resolves to implement the Plan over its ten year period, and identifies a desired greenhouse gas reduction target. These recommendations are based on the belief that adoption of a reduction target makes a stronger statement to City staff, the community, and other local governments about Fort Collins' commitment to reduce greenhouse gases. The recommendations of the Boards are included in Attachment 2 and its comments are included in the Listening Log (Attachment 3). If Council were to follow the Boards'suggestion, then: • The City Manager would be required to consider the reduction target when recommending actions for implementation. • The final decision to implement measures in the Plan would still be made as each successive biennial budget is developed. Council would resolve to adopt a numeric greenhouse gas reduction target. • Council would have to approve any changes to the reduction target Please note that there is no penalty or sanction from ICLEI or any other governmental entities ifthe Council chooses not to set an emission reduction target, or if it does set a target and fails to meet it. Response to Questions Raised by Council at June 8, 1999 Study Session See Attachment 4. " Lucinda Smith, Environmental Planner, gave a brief presentation regarding the agenda item. She stated that implementation of measures in the revised Local Action Plan would lead Fort Collins from a worst case 2010 emissions level of 3.5 million tons to an emissions level of 2.4 million tons. She stated that the proposed plan is moderate and presents cost effective methods for consideration. 27 November 16, 1999 Jill Baron, representing the citizen advisory committee, spoke regarding the work of the committee and benefits of the plan, urged adoption of the Resolution, and encouraged Council to adopt a reduction target. Janna Sixx, Poudre Canyon Group of the Sierra Club, stated that the Sierra Club endorses measures to reduce greenhouse gases and urged Council to implement the recommendations made by the staff and the advisory committee. Gina Janett, 620 Colorado, spoke in support of the adoption and implementation of the plan. Phil Friedman, 201 South Grant, citizen advisory committee member, spoke in support of the plan and adoption of local targets for reduction. Mary Warring, 309 Orilla Del Lago, representing the Transportation Board, stated that the Board unanimously endorses the plan. Eric Levine, Air Quality Advisory Board chair, stated that the Board endorses the plan. Sally Craig, 1409 South Summitview, spoke in support of implementation of the plan and adoption of a target for reduction of emissions. Kelly Ohlson, 2040 Bennington Circle, spoke regarding the modest nature of the recommended program and urged Council to follow through on what is adopted. Ramon Ajero, 3712 Soderburg Drive, supported the action plan to address global, regional and local issues and urged Council to adopt a reduction target. Jeff Eighmy, 737 Dennison Avenue, representing the Electric Board, stated that the Board unanimously voted to urge Council to adopt the action plan. The Board particularly endorses the sections relating to renewable energy and urges the setting of numerical goals as the plan is implemented. Randy Fischer, representing the Natural Resources Advisory Board, stated that the Board unanimously endorses the adoption of the plan. Nancy York, 130 South Whitcomb, Air Quality Advisory Board, supported adoption and implementation of the plan. Councilmember Weitkunat asked if the Resolution includes implementation strategies. City Attorney Roy stated that the Air Quality Advisory Board has forwarded to the Council a proposed amendment to the Resolution to add language relating to implementation. November 16, 1999 Councilmember Weitkunat asked for information regarding how the plan could be connected to departments for implementation through departmental budgets. City Manager Fischbach stated that his intent would be to identify what can be done within each department to implement the plan. Councilmember Byrne asked about the projections for increases in greenhouse gases in light of changes to more efficient vehicles. Lucinda Smith stated that the forecast is a worst case scenario based on the current level of fuel efficiency. Councilmember Kastein asked how the energy management team would work and if funds have been allocated for its operation. City Manager Fischbach stated that the team would be an internal staff team. CouncilmemberMartinez asked about differences in opinion regarding global warming andpreferred having the Resolution refer to air pollution instead of global warming. He expressed a concern about directing implementation before budgetary matters can be evaluated. Councilmember Mason noted that an implementation work plan would be included in the next budget cycle. Councilmember Bertschy asked about development of the language for the Resolution as proposed by staff. City Manager Fischbach stated that the language reflects discussion at the June 8 Council Study Session. Councilmember Kastein spoke regarding the Council consensus reached at the June 8 Study Session. Councilmember Wanner asked about budget impacts ofthe program. City Manager Fischbach stated that the budget impact has not yet been determined. Councilmember Wanner made a motion, seconded by Councilmember Mason, to adopt Resolution 99-137 with an amendment to Section 4 to read as follows: "The City Manager is hereby directed to implement municipal greenhouse gas reduction activities in the plan to reduce local greenhouse gas emissions by at least 30% below predicted 2010 levels." Councilmember Mason spoke in favor of setting a target for reduction and stated that he believes that the target can be achieved. Councilmember Kastein stated that he does not support establishing a target and spoke in favor of amending Section 3 to allow prioritization. 29 November 16, 1999 Councilmember Wanner spoke in favor of undertaking activities to reduce emissions and pollution while saving the City money. Councilmember Kastein expressed a concern about new programs that do not have additional benefits. Lucinda Smith spoke about the benefits of some new programs in improving air quality and saving energy. Councilmember Byrne commented that this would set in motion ongoing evaluation of how the City is doing with respect to energy usage. Councilmember Weitkunat spoke regarding efficient use of dollars and resources and expressed a concern that adoption of the Resolution changes priorities when costs are unknown. She spoke in favor of implementation through the departments. Councilmember Bertschy spoke in support of the language regarding implementation. Councilmember Mason spoke in favor of adding the language regarding implementation and spoke regarding the issues of global warming and energy efficiency. Councilmember Kastein questioned the 30% target, which would require actions and costs that would normally not be taken. Councilmember Wanner asked for information regarding estimated costs and savings. Lucinda Smith stated that existing and pending measures would achieve a 28% reduction and that new measures would provide an additional 4% reduction. She summarized estimated costs and savings outlined in the staff memorandum. Councilmember Wanner asked for additional information regarding the net savings that would be achieved through implementation. Eric Levine, Air Quality Advisory Board chair, spoke regarding air quality and cost savings benefits. Councilmember Weitkunat expressed concern that costs are unknown and supported returning to the original language of the Resolution. Councilmember Kastein expressed concern regarding unknown costs of the 30% goal and the cost of new programs. Councilmember Wanner amended the original motion to add the words `while achieving cost effectiveness in each program." Councilmember Mason accepted the amendment to the original motion. 30 November 16, 1999 The vote on the motion to adopt Resolution 99-137 as amended by the addition of language to Section 4 reading as follows: "The City Manager is hereby directed to implement municipal greenhouse gas reduction activities in the plan to reduce local greenhouse gas emissions by at least 30% below predicted 2010 levels, while achieving cost effectiveness in each program." was as follows: Yeas: Councilmembers Bertschy, Byrne, Martinez, Mason, and Wanner. Nays: Councilmembers Kastein and Weitkunat. THE MOTION CARRIED Ordinance No.179,1999, Adopting the 2000 Classified Employees Pay and Classification Plan, Adopted on First Reading The following is staff s memorandum on this item. "Financial Impact Funding -for the Pay and Classification Plan will be accomplished with existing funds, as proposed by the 2000 budget. Executive Summary When the City initiated the project of revising the compensation and classification system, there were specific objectives to be met as follows: • Develop labor market comparisons that are consistent with the City's compensation philosophy of total compensation set at the 70 percentile • Implement an effective, dependable job classification system • Consolidate job titles • Develop a structured compensation plan • Develop a compensation plan that is understandable to employees and easily implemented by managers BACKGROUND: This pay plan represents "Phase II" of the new pay plan implementation. In addition, this pay plan continues in the philosophy of market comparability and competitiveness. 31 November 16, 1999 PRIMARYDATA SOURCES: Mountain States Employer's Council (MSEC): MSEC's Colorado Front Range Compensation Survey represents Colorado employers of all sizes, from as few as 16 employees to more than 32, 000. Data is collected from 468 respondents situated all across the front range, including the four geographic areas of Denver/Boulder, Northern Colorado, Colorado Springs and Pueblo and representing 80,360 employees. The Northern Colorado survey information includes 43 employers of various sizes, representing a total of over 20, 000 employees. Although public sector employers are included in the survey, they represent only 8% of the employers. MSEC surveys 352 benchmark jobs. Colorado Municipal League (CML): CML reports compensation information from 93 jurisdictions in the State of Colorado, including 71 municipalities, 16 counties and five special districts. Seventy-six of the 93 participants have populations over 5, 000. The survey provides information on 79 benchmark jobs commonly shared by most municipalities, as well as a second survey of 32 executive and management level jobs in the public sector. Longmont Total Compensation Survey: Produced by the City ofLongmont, this surveyprovides compensation information on 72 benchmark jobs from 76 public and private employers in the Denver/Boulder and Northern Colorado areas. Manyjobs in the Longmont survey are included in the CML survey, but this survey is the only source for electric utility jobs. Results: Pay Plan: The pay structures were again established by calculating the 70th percentile on benchmarks and allowing approximately a 10% difference between pay grades. Pay ranges still capture a 36% spread. This calculation was done in concert with an examination of the benefit plans and structures offered by the City and those provided by comparative municipalities. This was conducted to meet the need to manage the City's total compensation philosophy. Several changes to the benefit premiums and plan designs have been instituted for 2000 that will result in an increase in employee contributions and bring the benefit reserve fund into a more fiscally viable position. The pay for each pay grade has been reviewed by comparing the benchmark jobs in each occupational group to similar jobs in the local private and public sectors. This analysis permitted an evaluation of the competitiveness of the pay grade. Each of the pay grades in an occupational group was similarly analyzed, and if it was observed that a structure adjustment was needed, the pay ranges in that occupational group were adjusted. These analyses indicated that 6 of the 10 occupational groups needed to be adjusted to remain competitive with the market. The proposed average structure adjustment is 3.65% 32 November 16, 1999 Job Classifications: Several jobs have been re -graded, bringing the pay range for the job into alignment with market data. The majority of jobs continue to be properly classified, as evidenced by the exhaustive market analysis conducted. 2000-2001 Service Additions to the Budget Acknowledging the input of the public and the Boards and Commissions of the City, Council has directed that the following service additions be included in the 2000-2001 Budget for the City of Fort Collins. Primary Services Cottonwood Park Maintenance Stewart Case Park Maintenance Civic Center Park Maintenance Harmony Park Maintenance Park Facility Maintenance Regional Trails Median Maintenance Horticulture Center Parking Structure City Ojf ce Building O&M I-25 Interchange Facilities Major Maintenance Police Staffing CADIRMS-Police CADIRMS-Municipal Court 800 MHZ System Land Bank Affordable Housing Production Land Use Code E. Mulberry Corridor Project Zoning Inspector Plans Analyst Building Inspector Development Review Engineer Development Review Engineer Hearings Officer Traffic Signal Timing System Transportation Planning/Local 2000 Ongoing 30,392 52,169 30,317 48,852 14,408 36,165 110,000 46,500 2000 2001 One-time Oneor inQ 24,346 65,126 13,025 35,997 15,000 8,136 7,457 22,050 110,000 6,326 97.700 140,000 100,000 100,000 288,700 484,330 179,168 50,000 264,000 250,000 160,036 20,000 127,000 30,720 66,576 59,681 68,176 68,176 10,000 33 1,897 25,457 1,000,000 100,000 569,604 50,000 228,879 20,000 2001 One-time 44,936 4,210 100,000 323,000 199,609 58,309 350,000 500,000 Match Municipal Court Move Public Nuisance Abatement Coordinator Fall Leaf/Xmas Tree Drop-off Central Recycling Drop-off Site Construction/Demolition Debris Renovation of Old Town Parking City Wind Power @ 3%5% Community Separator Plan Total Primary Services Secondary Services Hickory Park Youth Activities Center Rent Community Mediation Bilingual Library Assistant Bilingual Student Aides Technology Training Librarian Museum Administrative Clerk Humane Society Contract Arts Alive Total Secondary Services Support Services Systems Analysts GIS Strategic Plan April City Election 2000 2000 2001 Oneoing One-time Onizoin 250,000 24,000 75,000 63,275 26,590 10,000 15,000 100,000 20,000 95,000 November 16, 1999 2001 One-time 31,000 27,000 40,000 $1,935,773 $2,796,495 $1,249,963 $1,611,064 250,000 250,000 48,000 51,000 64,163 60,276 22,000 18,500 70,174 22,000 19,217 24,172 8,000 70.000 $186,328 $390,000 $ 78,174 $323,000 34 244,140 244,140 239,140 178,412 160,000 November 16, 1999 2000 2000 2001 2001 Ongoing One-time Ongoing One-time Employee Parking 56,000 56,000 Video Program 18,000 18,000 Total Support Services Total for Additions/ Enhancements *Resources Available Net Available $0 $557,280 $300,140 $356,412 $2,122,101 $3,743,775 $1,628,277 $2,290,476 2,292,957 6,676,679 1,769,080 2,932,904 $ 170,856 $2, 932, 904 $ 140,803 $ 642,428 * This includes estimated available resources included in the City Manager's recommended budget as well as updated sales tax revenues through August 1999. 2001 Budget Exception Process As was the case for the 1999 exception process, the review of the 2001 adopted budget will follow an abbreviated process and schedule. Since the City will adopt a two-year budget plan, the only exceptions to the adopted 2001 plan that will be considered are: Needs and adjustments related to current services that, without adjustment, will significantly impair the provision of that service Those specifically directed by Council or City Manager New programs or enhanced services requested by the community The City Manager will present for Council consideration, any recommended exceptions to the adopted 2001 budget. As directed by Council, staff will begin to review projected revenues and information to begin the exceptions process after the annual audit is completed. Study Sessions will be scheduled for discussion ofany changes to the 2001 budget. An appropriation ordinance for the 2001 fiscal year will be prepared based on the direction received from the study sessions. Adoption of the annual appropriation ordinance for 2001 is scheduled for November 2000. 35 November 16, 1999 Council directed that a number of items be put on a 'priority " list to be considered during the 2001 budget exception process. These items including estimated costs and time frame for final decision in fiscal year 2000 are: X. Lorimer County Recycling Center Expansion ($100, 000 one-time) - 2nd quarter M. Air Quality Monitoring Equipment ($75, 000 one-time) - 3rd quarter XIL Community Separator Grant Match ($40, 000 one-time; $40, 000 is budgeted in 2000) XIII. Water Quality Monitoring ($125,000 to $150,000 ongoing) - dependent on EPA runoff regulation XIV. Traffic Signal Timing System ($3.0 to $4.0 million one-time) - 3rd quarter XV. General Employees Retirement Plan/Cost of Living Adjustment ($843,900 one-time) - 1st quarter XVI. Human Services Grant Program/Contract - ongoing analysis XVII. Pollution Prevention ($92,OOOongoing; $27,000one-time; staffto develop aplan during the next 6 months) - 2nd quarter XVIII. Formula for dealing with "overage" of revenues for street maintenance expenses - 3rd quarter XIX. Continued analysis of the operation and maintenance costs for the Horticulture Center - it is unlikely that the Center will open until sometime in 2001. Consequently the $110,000 budgeted in 2000 may be used for a one-time need as determined by the Council and City Manager. Staff will continue to monitor revenue collection throughout 1999 as well as analyzing revenue projections for the years 2000 and 2001. Any revision of revenue projections (whether up or down) will be included as part of the 2001 exception process. Exceptions amending the adopted 2001 budget are subject to available resources. " Councilmember Kastein made a motion, seconded by Councilmember Weitkunat, to adopt Ordinance No. 179, 1999 on First Reading. 36 November 16, 1999 Councilmember Mason commented that Mr. Ohlson withdrew the item from the Consent Calendar because it is a significant item and that such items should appear on the discussion agenda in the future. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED ITEMS RELATING TO THE 2000 BUDGET BUDGET CONSENT ITEMS 33. Items Relating to Utility Rates for 2000. A. Second Reading of Ordinance No. 166, 1999, Amending Chapter 26, Article III, Division 4 of the City Code Relating to User Fees and Charges for Water. B. Second Reading of Ordinance No. 167, 1999, Amending Chapter 26, Article IV, Division 4 of the City Code Relating to Wastewater Fees and Charges. C. Second Reading of Ordinance No. 168, 1999, Amending Chapter 26, Article VI, Division 4 of the City Code Relating to Electric Rates and Charges. D. Second Reading of Ordinance No. 169, 1999, Amending Chapter 26, Article VII, Division 2 of the City Code Relating to Stormwater Fees. E. Second Reading of Ordinance No.170,1999 Amending Chapter 26 of the City Code Relating to Fees for Raw -water Requirements for the Water Utility. These five ordinances, which were unanimously adopted on First Reading on November 2, 1999, increase the City's utility rates for water by an average of 6%, wastewater by 2% and stormwater by 10%. The rate increase for water vanes by customer class based on the Utilities' cost of service study. There is no monthly rate increase for electric customers; however, the charge for initiating a new service will increase. The Water and Electric Boards have reviewed the rate changes in conjunction with their discussions on the recommended 2000-2001 budget. 37 November 16, 1999 34. Second Reading of Ordinance No. 171, 1999, Amending the City Code to Adjust the Capital Improvement Expansion and Neighborhood Parkland Fees for Increases to Reflect Inflation, Based on the Denver -Boulder Consumer Price Index. In May of 1996, Council adopted Ordinance No. 51, 1996, which established capital improvement expansion fees for Library, Community Parkland, Police, Fire, and General Government services. The purpose of the fees is to have new development pay a proportionate share of the capital improvements and equipment that will be necessary to provide services to the development. The Code provisions approved by the Ordinance provide for the annual adjustment of the fees to keep up with inflation, using the Denver - Boulder (now Denver -Boulder -Greeley) Consumer Price Index. Based on the Denver -Boulder -Greeley Consumer Price Index for all urban consumers, the inflation level since the last annual adjustment is an increase of 2.87%. Ordinance No. 171, 1999, which was unanimously adopted on First Reading on November 2, 1999, adjusts the fee schedules in Chapter 7.5 and Chapter 23 of the Code to this level of inflation. 35. Items Relating to the 2000 Downtown Development Authority Budget. A. Second Reading of Ordinance No. 172, 1999, Appropriating Operating Funds and Approving the Budget of the Downtown Development Authority for the Fiscal Year Beginning January 1, 2000, and Fixing the Mill Levy for the Downtown Development Authority for Fiscal Year 2000. The Downtown Development Authority (the "DDA") adopted the proposed DDA budget for 2000, totaling $281,163, and determined the mill levy necessary to provide for payment of all properly authorized expenditures incurred by the District, at its regular meeting of October 20, 1999. Ordinance No. 172, 1999, was unanimously adopted on First Reading on November 2, 1999. B. Second Reading of Ordinance No.173, 1999, Appropriating Revenue in the Downtown Development Authority Debt Service Fund for Payment of Debt Service for the Year 2000. Ordinance No. 173, 1999, which was unanimously adopted on First Reading on November 2, 1999, appropriates funds for the payment of debt service related to DDA projects for 2000, as approved by the DDA Board on October 7, 1999. m November 16, 1999 Items on Second Reading were read by title by City Clerk Wanda Krajicek. 33. Items Relating to Utility Rates for 2000. A. Second Reading of Ordinance No. 166, 1999, Amending Chapter 26, Article III, Division 4 of the City Code Relating to User Fees and Charges for Water. B. Second Reading of Ordinance No. 167, 1999, Amending Chapter 26, Article rV, Division 4 of the City Code Relating to Wastewater Fees and Charges. C. Second Reading of Ordinance No. 168, 1999, Amending Chapter 26, Article VI, Division 4 of the City Code Relating to Electric Rates and Charges. D. Second Reading of Ordinance No. 169, 1999, Amending Chapter 26, Article VII, Division 2 of the City Code Relating to Stormwater Fees. E. Second Reading of Ordinance No. 170,1999 Amending Chapter 26 of the City Code Relating to Fees for Raw -water Requirements for the Water Utility. 34. Second Reading of Ordinance No. 171,1999, Amendin the e City Code to Adiust the Capital Improvement Expansion and Neighborhood Parkland Fees for Increases to Reflect Inflation, Based on the Denver -Boulder Consumer Price Index. 35. Items Relating to the 2000 Downtown Development Authorityget. A. Second Reading of Ordinance No. 172, 1999, Appropriating Operating Funds and Approving the Budget of the Downtown Development Authority for the Fiscal Year Beginning January 1, 2000, and Fixing the Mill Levy for the Downtown Development Authority for Fiscal Year 2000. B. Second Reading of Ordinance No.173, 1999, Appropriating Revenue in the Downtown Development Authority Debt Service Fund for Payment of Debt Service for the Year 2000. 36. Second Reading of Ordinance No. 174, 1999, Being the Annual Appropriation Ordinance Relating to the Annual Appropriations for the Fiscal Year 2000 and Adopting the Budget for the Fiscal Years Beginning January 1 2000 and Ending December 31 2001, and Fixing the Mill Levy for Fiscal Year 2000. W November 16, 1999 Councilmember Bertschy made a motion, seconded by Councilmember Wanner, to adopt and approve all items on the Budget Consent Calendar. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED Ordinance No. 174,1999 Being the Annual Appropriation Ordinance Relating to the Annual Appropriations for the Fiscal Year 2000 and Adopting the Budget for the Fiscal Years Beginning January 1, 2000, and Ending December 31, 2001, and Fixing the Mill Levy for Fiscal Year 2000, Adopted on Second Reading The following is staff s memorandum on this item. "Financial Impact Ordinance No. 174, 1999, which was unanimously adopted on First Reading on November 2, 1999, as amended, represents the annual appropriation for fiscal year 2000, and adopts the total City Budget for fiscal year 2000 at $376,197,481 and for fiscal year 2001 at $391,980,153. This Ordinance also appropriates the Firefighters' Pension Fund of $2,521,232 for 2000 and sets the City mill levy at 9.797 mills for fiscal year 2000, unchanged since 1991. Executive Summary After Ordinance No. 174, 1999, was unanimously adopted on First Reading on November 2, 1999, Council directed that the Ordinance be amended on Second Reading to substitute an ongoing Development Review Engineer position for the one-time funded contractual Development Review Engineer proposed for fiscal year 2000. The amendment is included in this Ordinance to adopt the 2000-2001 Budget and to appropriate funds for fiscal year 2000 on Second Reading. The Net City Budget, which excludes internal transfers between funds and Firefighters' Pension, is $255,438, 538 for 2000 and $268,408, 771 for 2001. The Net City Budget is allocated to: 2000 2001 Operations $204,882,906 $207,880,147 Debt Service $ 7,171,984 $ 7,207,273 Capital $ 43,383,648 $ 53,321,351 This Ordinance also sets the 2000 City mill levy at 9.797 mills, unchanged since 1991. EM November 16, 1999 DISCUSSION: The First Reading ofthis Ordinance to adopt the 2000-2001 Budget and appropriate monies to fund the fiscal year 2000 budget was presented to Council on November 2, 1999. At that time, Council directed that an ongoing Development Review Engineer be included in the 2000 budget in place of the proposed one-time funding for a contractual Development Review Engineer. This change is included in the 2000-2001 Budget and fiscal year 2000Appropriation Ordinance now presented for Second Reading and adoption. Council also requested additional information regarding the cost of constructing the Horticulture Center along with the related operation and maintenance costs, and additional information on what benefit would be gained by adding an additional $40, 000 to the budget for the Community Separator Plan. The information requested follows. HORTICULTURE CENTER At the beginning of the Building Community Choices process in 1996, the literature and other documents that described the Community Horticulture Center presented the facility as a site of ten to fifteen acres with a greenhouse%onservatory ofat least 6,500 square feet. Since that time, there have not been any reports or documents by City staff or the citizen advocacy group that suggest that the facility would be less than these minimum sizes. The project description that was circulated in the Notice of Election is as follows: "The Community Horticulture Center will include such amenities as a greenhouse%onservatory, an outdoor amphitheater, and demonstration and community gardens. The center will provide year-round opportunities to learn about gardening. It will also serve as a resource for plant materials by, for example, providing flowers for parks and streetscapes, native plants for natural areas restoration and food for the Food Distribution Center. " Size of the facility and accompanying acreage was not specified in the ballot information. In preparation to begin the design phase of the project, staff has researched and gathered information from many existing botanical gardens. A consensus recommendation, from these other gardens, was to be sure to provide enough space to implement the revenue generating opportunities. These opportunities could include a public meeting room, a food vendor area, or a small gift shop, such as at the City's Golf Course pro shops, history museum, The Farm, and EPIC. An additional finding from our visits and contacts with other gardens was that the size of the public greenhouse space is a critical factor to the positive experience of the user. Having adequate area to provide for a diverse botanical display and working greenhouse environment, so that a group of students or users can learn and participate in horticulture, was found to be an essential part ofall the successful greenhouse%onservatories. 41 November 16, 1999 Adequate greenhouse and revenue generating areas of the facility would suggest approximately 8, 000 square feet. As part of the design process, a consultant will perform a marketing survey and financial plan to guide us in making the most cost-effective decisions. The size of the building will not impact the total construction budget. If any additional money is spent on the building, it will lessen the amount of funds available for gardens. The citizen's non- profit group has already committed to raising private funds for remaining gardens to be installed in the future. From the experience of other botanic gardens, it is less difficult to seek grants and donations for a garden, and volunteers to plant it, as opposed to raising private funds to construct a building addition. The site currently being pursued for the community horticulture center, along Spring Creek and owned by CSURF, is approximately at 17.6 acres. Included in the 17.6 acres is a 5.5 acre, 200 foot wide strip of land on the north border, with Spring Creek in the middle of it. Because of the City's buffer zone standards for natural habitats, planting within this area is limited to appropriate native plants. There is currently minimal natural resource value to the corridor, as it has been cultivated right up to the stream banks and its few plants are mostly non-native. Our plan would be to restore this riparian zone so that it functions as a healthy wildlife habitat andserves as a visual noise buffer. Although the project will obviously benefit from this 5.5 acres, it is not land that will be used for developed gardens. The cost of this buffer acreage is $4, 500 per acre. The remaining 12. l acres includes a neighborhood park that is much needed in that portion of the city. This will consist of approximately 1.5 acres of land that will be used for an open recreational turfgrass field and a children's playground. While there will be mutual benefits to this arrangement, it is none the less a restriction in an area for developed gardens. Therefore, of the gross area of 17.6 acres, 10.6 acres is completely available for building and garden development. It should be noted that the total capital budget for this project was capped at $2,250, 542. This cap was put in place to provide more BCC money for natural area. Staff is working within this cap to provide the best Horticulture Center we can, given this restriction. The building and grounds as currently proposed creates a desirable amenityfor the voters who approved theproject, strategically plans for future expansion if desired by the community and can be accomplished within this cap. Preliminary Operating Budget As previously stated, the total proposed horticulture center operation and maintenance budget for afullyearofoperationis$265,000. This includes$204,475forpersonnel(threefull-timepositions andthreepart-timepositions),$30,950for contractual services (utilities, leasepurchaseofvehicle, equipment maintenance, janitorial service, building maintenance, snow removal, promotion, advertising, etc) and $29,500forcommodities (annualflowers, replacemem plantings, horticultural supplies, tools, equipment, office supplies, etc). 42 November 16, 1999 This preliminary budget was determined after gathering data from comparably sized, municipally owned botanic gardens around the country, and making adjustments for our situation. Theprimary information gathered from these four or five gardens was acreage of developed gardens, indoor growing area, number of full-time equivalent (FTE) staff, number of FTE volunteers, and total budget. Of all the gardens surveyed, Cheyenne Botanic Gardens was the lowest cost in terms of comparing total budget to size of area maintained, while others were more equivalent to the requested budget. Staff believes that this is due to the relatively low pay scales in Cheyenne. The City of Cheyenne pays their Botanic Garden staff at the 25th percentile of the labor market of American Association ofBotanic Gardens and Arboreta members. The Cheyenne Botanic Gardens has three to four acres of gardens and 3, 000 square feet of indoor growing space. These areas are operated and maintained with 4.75 FTEpaid positions, 2.5 FTE volunteers, and a $175, 000 budget. The initial plan is to develop about five to six acres ofgardens and to construct 3,500 square feet of indoor growing space. Staffis proposing to operate and maintain these areas with approximately 4.5 FTE paid positions, 3 FTE volunteer/interns, and a budget of $265, 000. Staff believes the proposed $265, 000 is a reasonable and cost effective budget for operating and maintaining the horticulture center. As stated all along, we will be strongly emphasizing the use of volunteers and interns, and seeking to maximize our earned revenue, grants, and donations. COMMUNITY SEPARATOR PLAN Implementation ofthe Fort Collins -Loveland separator is well underway; staffhas a workplan and the work is being managed with existing resources. Implementation of the Fort Collins-Timnath- Windsor and the Fort Collins -Wellington separator areas are at the beginning stages and much work needs to be done; the schedule depends largely on the other cities and Lorimer County. Funding ($40,000) has been recommended in Year 2000 to begin work on the Fort Collins- Timnath-Windsor separator area. These funds will provide for a consultant or contractual employee to lay the groundwork for implementing the separator. This will include base mapping, land use and ownershippatterns, boundary refinement, opportunities, andconstraints. Theproducts of this project may position the region for additional GOCO open space grant funding. If grant funding seems feasible, staff will prepare a grant application. The next separator that needs attention is the Fort Collins -Wellington Separator area. A starting place is to bring together the staff and elected officials from these jurisdictions, including Lorimer County. If there is agreement to proceed, research needs to be done to identify the boundaries of the separator area, future uses, implementation actions, and meet with property owners. This effort will need to be coordinated with future discussions with the County in regards to the establishment of a cooperative planning area (CPA) in the northeast. A consultant or contractual employee will be retained to assist existing City staff which would require an additional $40, 000 one-time monies in 2001." 43 November 16, 1999 (**Secretary's Note: The following three citizens were allowed to provide input regarding this agenda item earlier in the meeting.) Laura Burnett, 1807 Effingham, requested the reinstatement of dollars for Dial -a -Ride. Catherine Johnson, 4500 Maxwell Drive, spoke in favor ofreinstatement of funding for Dial -a -Ride. David McDanal, Disabled Resource Services, spoke in support of reinstatement of funding for Dial - a -Ride. City Manager Fischbach explained the changes made to the proposed Ordinance since First Reading as outlined in a memorandum submitted to the Council. He suggested considering Dial -a -Ride funding in the budget exceptions process. Councilmember Kastein requested information from the Finance Committee regarding the retirement plan cost -of -living adjustment. Councilmember Wanner spoke regarding the rationale for the one-time cost -of -living adjustment. Councilmember Mason asked about items to be included in the exceptions process and requested early consideration of traffic signalization and street maintenance. Councilmember Wanner commented that sales tax projections must be in place before items can be considered in the exceptions process. Councilmember Weitkunat asked if Dial -a -Ride will be added to the exceptions list. City Manager Fischbach stated that Dial -a -Ride will be added to the list. Councilmember Byrne asked about capital reserves for big ticket items. Councilmember Mason spoke regarding the use of General Fund monies for operations and special sales taxes for capital items. Kelly Ohlson, 2040 Bennington Circle, spoke regarding funding for programs to address environmental issues. 44 November 16, 1999 Councilmember Weitkunat made a motion, seconded by Councilmember Wanner, to adopt Ordinance No. 174, 1999 on Second Reading. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None, THE MOTION CARRIED Other Business Mayor Martinez spoke regarding outcomes of the Council retreat. Councilmember Kastein asked about interest in having staff look at the public nuisance ordinance from the tenant perspective. Councilmember Wanner commented regarding the nature of feedback received from the community regarding recent issues. Councilmember Weitkunat spoke regarding looking at the human side of issues and not just the dollar side. Adjournment The meeting adjourned at 12:45 a.m. 4' ` f ATTEST: 45 Mayor