HomeMy WebLinkAboutMINUTES-11/20/1990-RegularNovember 20, 1990
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Proclamations and Presentations - 6:15 p.m.
a. Presentation of a Plague to Hardees Restaurants for the Donation of a
Scoreboard at the EPIC Center, was presented.
Q
REGULAR MEETING 6:30 P.M.
was presente
A regular meeting of the Council of the City of Fort Collins was held on Tuesday,
November 20, 1990, at 6:30 p.m. in the Council Chambers in the City of Fort
Collins City Hall. Roll call was answered by the following Councilmembers:
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur.
Staff Members Present: Burkett, Krajicek, Roy.
Citizen Participation
' Joan Seaman, 613 Larkbunting Drive spoke of her concern regarding the proposed
cement kiln burning of hazardous wastes for fuel oil and thermal destruction.
Jack Bisceglia, 204 Rollingwood Drive property owner of land along the Poudre
River asked Council to consider purchasing his property.
Agenda Review
City Manager Steve Burkett requested item 2l(a), Deed from Jack Williams for land
located near Colorado Highway #14 and Lemay Avenue needed for parking for access
to the Poudre Trail. Monetary consideration: Donation, be withdrawn from the
Consent Calendar.
Linda Cowan requested item #9, Second Reading of Ordinance No. 125, 1990,
Appropriating Unanticipated Revenue of $41,584 from the Colorado Division of
Criminal Justice and Poudre R-1 School District for Fort Collins Police Services'
Drug Abuse Resistance Education (D.A.R.E.) Project, be withdrawn from the Consent
Calendar.
CONSENT CALENDAR
This Calendar is intended to allow the City Council to spend its time and energy
on the important items on a lengthy agenda. Staff recommends approval of the
' Consent Calendar. Anyone may request an item on this calendar to be "pulled"
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November 20, 1990 '
off the Consent Calendar and considered separately. Agenda items pulled from
the Consent Calendar will be considered separately under Agenda Item #22, Pulled
Consent Items.
7.
M
a
Consider approval of the minutes of the regular meeting of October 16.
Earlier this year the City purchased a XEROX 4050 Laser Printing System
to be used within the central computing facility. Under the bid the City
had the option of obtaining a one-year maintenance contract or a five-year
XEROX Partnership Plan (XPP). The longer term plan has a more favorable
rate, a cap on annual fee escalation, and incorporates a fiscal funding
clause which makes the continuation of the plan in subsequent years subject
to Council's appropriation of funds. There are no other known suppliers
of this service in the Fort Collins area. This Ordinance, which was
unanimously adopted on First Reading on November 6, authorizes the 5 year
agreement.
For the past three years, Fort Collins Police Services has applied for
project funding to the Colorado Division of Criminal Justice for Federal
drug grant monies. For project year 1990/1991 Police Services has joined
with the Loveland Police Department and Larimer County Sheriff's Department
in one application for a multijurisdictional project to be administered
by Police Services. As administrator of the grant, Police Services will
issue checks to the other participating agencies for their share of the
federal funds. This Ordinance, which was unanimously adopted on First
Reading on November 6, appropriates the grant award of $76,944.
Fort Collins Police Services'�has applied for project funding to the
Colorado Division of Criminal'Justice for federal grant monies. We have
recently received notification of grant award in the amount of $25,584.
Poudre R-1 School District will be providing match monies in the amount
of $16,000. Fort Collins' portion of the match is $847, which is met
within the existing department budget.
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November
20, 1990
Police Services will benefit
from grant monies in the area of salary for
one officer, equipment, and
educational materials for Project
D.A.R.E.
This Ordinance, which was
unanimously adopted on First
Reading,
appropriates the $41,584.
10. Second Readinq of Ordinance No.
126. 1990 Amendina Chanter 26 of
the Code
The City's Standard Construction Specifications for Sanitary Sewer Mains
have been updated to reflect current standards and practices in the
construction industry. On November 6, Council unanimously adopted
Resolution 90-154 Adopting the Standard Construction Specifications for
Sanitary Sewer Mains. This Ordinance, which was unanimously adopted on
First Reading on November 6, deletes code requirements that conflict with
the new specifications.
This Ordinance
amends Chapter 2 and Chapter
5 of the Code relating to the
composition of
the Building Review Board.
Specifically, the ordinance
eliminates the
two alternate positions
on the Board, reducing the
'
composition to
a housekeeping
seven regular members. In addition,
amendment to correct a Code
the Ordinance includes
section reference error.
12. Hearina and First Readina of Ordinance No. 129. 1990. Authnri7ina the Mavnr
1
The Bingham Hill reservoir site was purchased by the City in 1905 and the
reservoir was constructed in 1910. As the concrete began to deteriorate,
the risk of contamination of the water supply increased. As a result, the
reservoir was taken out of service in 1982. The site contains about 9.6
acres and lies between the two hogbacks that form Bingham Hill.
Staff has been concerned about liability risks and maintenance of the
reservoir. A bidding process resulted in a quotation of $169,512 for
demolition of the reservoir. The value of the site after demolition was
estimated at $48,000. Notification of intent to dispose of the property
was given to all City Departments. The Planning and Parks and Recreation
Departments investigated the possible acquisition of the site, but decided
that was not feasible and the property was put up for public bid. On
November 7, 1989, the City Council approved Resolution No. 89-198 which
authorized the sale of the property for $26,153 to a neighboring property
owner. However, the purchaser failed to close on the property which has
resulted in additional attempts to sell the site to another buyer. A new
contract for $28,000 is being presented to the Council for acceptance.
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November 20, 1990
1
The Ordinance would authorize the Mayor to execute a Deed of Conveyance
for sale of the Bingham Hill Property.
13. Hearing and First Reading of Ordinance No. 130, 1990, Amending the Code
Relating to Election Districts.
14.
At the November 6, 1990 special municipal election, city voters approved
a Charter amendment providing for direct election of the mayor and the
election of six Councilmembers by district.
This ordinance brings the City Code into compliance with the new Charter
provision by providing for the establishment of six, rather than four,
Council districts. Council will consider adoption of the 1991 District -
Precinct Map under the discussion section of this agenda.
Several funds require supplemental appropriations for 1990 expenditures.
The intent of this ordinance is to provide City Council with a summary of
a number of appropriations which need to be made before the end of the
current budget year. Items considered in this "clean-up" ordinance must
meet two criteria:
1. Administrative actions, or items of no controversy; or
2. Items on which Council has already provided direction.
Included in this ordinance are appropriations for any unforeseen
expenditures which may have occurred during the year or the addition of
unanticipated revenue the City has received. Rather than present each of
these items for individual consideration, staff believes that this format
provides for more efficient Council review.
Staff typically presents these items in November for Council's review in
order to "clean-up" any outstanding issues which have arisen during the
year. This is done primarily because more accurate information is available
on which to base projected expenditure needs.
If these appropriations are not made, the City runs the risk of receiving
an unfavorable opinion from its auditors and being in violation of the City
Charter if current appropriations are exceeded.
Following is a list of the funds where year end reserves shown in the 1990
Revised column will decrease with these appropriations.
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November 20, 1990
FUND
General Employees' Retirement
Sales & Use Tax
Street Oversizing
Transportation Services
Wastewater
Water
Downtown Development Authority - Capital Projects
Downtown Development Authority - Operations & Maintenance
15. Items Relating to Transportation Services Fund.
AMOUNT
21,000
2,200,474
302,662
88,528
14,213
14,213
17,061
166,200
A. Resolution 90-163 Authorizing the Mayor to Execute an
Intergovernmental Agreement with the State Department of Highways
Regarding the Traffic Control Computer System Upgrade.
Second Reading of Ordinance No. 127, 1990 Appropriating Unanticipated
Revenue in the Transportation Services Fund.
Resolution 90-164 Approving an Exception to the Competitive Bid
Process for the Purchase of Traffic Control Computer Equipment from
Winkomatic/Multisonics.
The City of Fort Collins has received preliminary approval from the Federal
Highway Administration and the State Department of Highways to utilize FAUS
funds to upgrade the existing VMS-220 traffic control computer to a VMS-
330 system. The project has been identified as FAUS MG 5000 (10) with a
FAUS budget of $126,000 and $3,000 in local funds to cover non-
participating expenses. The total budget for the project will be $129,000.
The Ordinance, which was unanimously adopted on First Reading on November
6, appropriates the $126,000. Resolution 90-163 authorizes the
intergovernmental agreement through which the project will be undertaken.
Resolution 90-164 would approve the use of a particular manufacturer to
provide necessary equipment for the project.
The traffic control computer system upgrade needs to be purchased from
WinkoMatic/Multisonics Corporation as an exception to the competitive
bidding process.
16. Postponing Consideration of Items Pertaining to the Galatia Annexation and
Zoning.
Resolution 90-165 Setting Forth Findings of Fact and Determinations
Regarding the Galatia Annexation.
MM
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November 20, 1990 '
Hearing and First Reading of Ordinance No. 131, 1990, Annexing
Property Known as the Galatia Annexation.
C. Hearing and First Reading of Ordinance No. 132, 1990, Amending
Chapter 29 of the Code of the City of Fort Collins, Commonly Known
as the Zoning Ordinance, and Classifying for Zoning Purposes the
Property Included in the Galatia Annexation to the City of Fort
Collins, Colorado.
This is a request to annex and zone approximately 235.5 acres located north
of East Prospect Road and east of Interstate 25. The requested zonings
are for H-B, Highway Business (28.0 acres), and I-P, Industrial Park (91.9
acres), to the north and east of the interchange area; R-P, Planned
Residential (64.5 acres) on the eastern part of the property, and
T-Transitional (51.1 acres) for the central portion of the property. The
H-B, I-P, and R-P zonings would carry a PUD condition. The property is
presently, for the most part, undeveloped, with the exception of a new
residence at the far southeast corner of the property and a few older
residential and farm structures located along the frontage road of I-25.
The property is currently zoned FA-1 Farming in Larimer County. This is
a voluntary annexation.
On November 13, the applicant, Eldon Ward of Cityscape Urban Design,
submitted a letter requesting postponement of consideration of this item
to December 18. Mr. Ward has been unable to complete legal descriptions
of the proposed zoning districts for the annexation. Staff has sent a
letter to adjacent property owners and residents informing them of the
applicants' postponement request. Adoption of the Consent Calendar will
postpone these items to December 18.
APPLICANT: Pavlakis Realty OWNERS: Galatia Partnership
c/o Cityscape Urban Design c/o George Pavlakis
3030 S. College Ave #200 5670 E. Evans Ave.
Ft. Collins, CO 80525 Denver, CO 80222
Resolution 90-166 Approving a Contract with Activities Youth Center as an
Exception to the Competitive Bid Process.
The Activities Youth Center has been in existence since October 1986. The
center is located in the downtown area at 246 North College, and is easily
accessible to youth. The center,provides a variety of recreational and
personal growth activities for youth ages 12 to 18. During the first year
of operation, the center had 15'1404 hours of use. In 1989, there were
32,990 hours and 1990 figures show a continuing increase.
387 1
In
19.
November 20, 1990
The City desires to enter into this agreement with the Activities Youth
Center to provide at no or minimal fee recreational activities and personal
growth opportunities for youth ages 12 to 18.
At this time, there is no other known source for such a center in the
community that is established and successful. The Activities Youth Center
has staff and a facility to meet the City's needs.
Federal capital grant programs are shifting from the traditional formula
Section 9 grant program to the discretionary Section 3 grant program for
major capital projects. The City annually receives Section 9 funds for
operating and some capital projects and will continue to do so in the
future. The Section 3 grant program funds major capital projects.
In the past the City has had ample, even excess, Section 9 capital dollars
to fund its capital acquisition needs. Changing programming of capital
dollars at the federal level has reduced funds available under Section 9
and made additional funds available under Section 3. These changes are
due to federal legislation.
32b.
Before any application for development of property within the
area and ineligible for annexation can be approved by
Commissioners, the applicant must show the development has or
the following phasing criteria:
Public sewer capacity
Public water capacity
Public street capacity
At least 1/6 contiguity to existing
An agreement as to the st;n6ards for
facilities
urban growth
the County
will achieve
development
the installation of water/sewer
A binding agreement to annex the property when eligible
The County Commissioners may waive the public sewer, the public street,
and contiguity phasing criteria requirements after the request has been
reviewed and commented on by the City Council and the UGA Review Board and
determined that granting the request would not impair the public health
and safety and will result in any unplanned expense for the provision of
RM.
20.
November 20, 1990
it
public services, improvements, or facilities. The Resolution contains a
recommendation from the City Council to the County Commissioners for
approval of the public sewer and public street requirements for the Replat
of Highland Place, Amended Tract 32B, County Subdivision request.
Council adopted Resolution 90-150 which established and revised 1991 fees
and charges for SouthRidge, City Park Nine, and Collindale Golf Courses
at the meeting of October 16. During discussion of this item, Councilman
Maxey raised a question as to why we were not charging sales tax on the
rental of golf cars at SouthRidge when we were charging sales tax at City
Park Nine and Collindale?
Staff responded that no sales tax was proposed to be charged at SouthRidge
because this tax was paid at the time the golf cars were originally
purchased (by the Bucain Corporation) so sales tax on the rentals of golf
cars did not necessarily need to be charged. Council passed Resolution
90-150 as submitted, but requested that staff review this sales tax issue.
Staff from the Finance Department, City Attorney, and Parks and Recreation
did further research and determined that charging sales tax on golf car '
rentals at SouthRidge is appropriate, and it was agreed we would start
charging this tax in 1991 the same as we do at the other two courses.
Staff has decided to absorb the sales tax within the total golf car rental
fees at SouthRidge just as we do at City Park Nine and Collindale. The
approximate $5,750 paid into the Sales and Use Tax Fund may leave us short
that same amount in SouthRidge revenues projected for 1991, but we will
address that issue next year once we have had a full golf season of
management experience and revenue collection at SouthRidge.
21. Routine Deeds and Easements.
a. Deed from Jack Williams for land located near Colorado Highway #14
and Lemay Avenue needed for parking for access to the Poudre Trail.
Monetary consideration: Donation.
Ordinances on Second Reading were read by title by Wanda Krajicek, City Clerk.
7.
Years.
Im
ff-E
November 20, 1990
a
10.
Ordinances on First Reading were read by title by Wanda Krajicek, City Clerk.
12.
13.
14.
Councilmember Edwards made a motion, seconded by Councilmember Mabry, to adopt
and approve all items not removed from the Consent Calendar. The vote on
Councilmember Edwards' motion was as follows: Yeas: Councilmembers, Azari,
Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Ordinance No. 125, 1990, Appropriating
Unanticipated Revenue of $41,584 from the Colorado Division
of Criminal Justice and Poudre R-1 School District for
Fort Collins Police Services' Drug Abuse Resistance
Education (D.A.R.E.) Project Adopted on Second Reading
Following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
Fort Collins Police Services has applied for project funding to the Colorado
Division of Criminal Justice for federal grant monies. We have recently received
notification of grant award in the amount of $25,584. Poudre R-1 School District
will be providing match monies in the amount of $16,000. Fort Collins' portion
of the match is $847, which is met within the existing department budget.
390
November 20, 1990
Police Services will benefit from grant monies in the area of salary for one
officer, equipment, and educational materials for Project D.A.R.E. This
Ordinance, which was unanimously adopted on First Reading, appropriates the
841,584."
Councilmember Azari made a motion, seconded by Councilmember Horak, to adopt
Ordinance No. 125, 1990 on Second Reading.
Linda Cowan, 3301 Camelot Drive spoke of the positive impacts of the DARE program
at Shepardson and Riffenburgh schools and urged Council to support the Ordinance.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers,
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Staff Reports
City Manager Steve Burkett congratulated City Clerk Wanda Krajicek on receiving
the oustanding contributions to CMCA Award.
Burkett outlined the steps involved in the year end appropriations of
unanticipated revenue.
Mayor Kirkpatrick noted that two Fort Collins teachers were nominated for the
'
Colorado Teacher of the Year Award that was recently presented in Denver. She
congratulated Kevin Irvine for receiving the Teacher of the Year award and
Beverly Schmidt for being nominated as a finalist. She informed Council that
a Proclamation will be presented at the December 18 Council meeting, to Kevin
Irvine and Beverly Schmidt in celebration of their achievements.
Burkett reported he had met with members of the school district to survey
potential sites for new elementary schools and discussed issues relating to the
proposed sites.
Resolution 90-170 Making Findings of Fact Regarding the
Appeal of the Granting By the Building Review Board of
a Variance to the Statutory Requirement Regarding Handicapped
Accessible Dwelling Units in the Fort Ram Village Phase 3,
and Overturning the Decision of the Board. Adopted
Following is staff's memorandum on thi's item.
"EXECUTIVE SUMMARY
On November 6, 1990, Council heard the appeal of the Building Review Board's
decision of September 27, 1990, granting a variance to Topanga Enterprises for
the third phase of Fort Ram Village Second Filing reducing the number of '
391
m
November 20, 1990
handicapped accessible units from 19, as stipulated in Section 9-5-111, C.R.S.
and referenced in the Fort Collins City Building Code at Section 5-27(26) of the
Code, to 9 accessible units.
Council considered the record of the Building Review Board hearing at which the
variance was granted and received testimony from both the "appellant", the
Commission on Disability, represented by Shirley Reichenbach, and the opponent
to the appeal (BRB applicant), Topanga Enterprises, represented by its attorney,
Ramsey Myatt.
Council voted 5-0 to overturn the Board's decision based upon the record on
appeal, finding the opponent had failed to demonstrate that constructing the
number of accessible units as specified in Section 9-5-111, C.R.S., would be
"impractical and create an unusual hardship or would unreasonably complicate the
construction" as Section 9-5-102, C.R.S. requires before such variances can be
granted."
Councilmember Mabry withdrew from discussion on this item due to a perceived
conflict of interest.
Councilmember Horak withdrew from discussion on this item due to his absence
during the initial discussion on this item.
' Councilmember Edwards made a motion, seconded by Councilmember Azari, to adopt
Resolution 90-170.
Shirley Reichenbach, 1313 Glen Haven Drive, Chairperson of the Commission on
Disability asked Council to provide policy direction and clarification for the
Building Review Board.
Mayor Kirkpatrick spoke of the policy question of "what a unit means", she
reported that staff is developing a Resolution that clarifies the intent of the
language contained in the state statute.
The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers,
Azari, Edwards, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Ordinance No. 134, 1990, Adopting the 1991
City of Fort Collins Pay Plan. Adopted on First Reading
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
Each year the City Council adopts the pay plan which sets the salaries of City
' employees in accordance with the adopted budget. In August, 1990, City Council
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November 20, 1990
'
adopted a Total Compensation Financial Policy which takes into consideration the
salary being paid
to employees and the cost of providing benefits. The Total
Compensation Plan
is designed to meet the City's goal as an
employer to attract
and retain quality
employees and also to recognize and reward
quality performance
by establishing a
goal of compensating our employees at the
7Oth Percentile of
the relevant labor market.
BACKGROUND:
Total Compensation is defined as the sum of the salary paid and the City's cost
for benefits which are provided to compensate an employee for work performed.
The objective of the total compensation plan is to pay employees fairly,
competitively, and in a way that is understandable.
In the past, the City set salaries to be competitive with other cities along the
Front Range and private companies in Northern Colorado who have employees doing
jobs similar to ours. Under the Total Compensation Plan, instead of just
surveying for salaries and setting pay on salaries alone, the City will survey
for salary and benefits to determine city employees' compensation package.
Except for one change, the assumptions used for the Total Compensation Plan are
the same ones which the City Council reviewed and approved in August, 1990. The
assumptions are attached as Agenda Item Exhibit A. The change to the Total
Compensation Plan was in the area of the sick leave benefit.
From the outset of developing a Total Compensation Plan, the most difficult
benefit to accurately measure has been the sick leave benefit. This benefit has
been particularly difficult to measure because of the many varied methods used
by virtually every employer to provide a sick leave benefit. While some
organizations allow employees to accrue this benefit and then pay them for unused
leave upon retirement or termination, others provide incentive programs which
reward employees who do not use sick leave. Other employers combine sick leave
and some form of general leave and others, like the City of Fort Collins, provide
sick leave as a short-term disability.
When the Guidance Team presented the Total Compensation Plan to City Council in
August, they reached a compromise of a higher usage rate than our employees
actually utilized. Based on employee input and further review by the Guidance
Team, staff does not believe the method originally'used to calculate sick leave
is the most correct or fair method to -use.
After review of this Total Compensation component' with city employees, the
Personnel Board, and the Guidance Team, staff recommends that this component of
the Total Compensation Plan be eliminated until a more accurate method can be
developed. This recommendation is supported by the Personnel Board as outlined
in Agenda Item Exhibit B.
After completing the Total Compensation surveys, staff projects the City-wide '
393
November 20, 1990
base salary increase will average 2.30Y and the Total Compensation increase will
average 4.2Y. This increase in personal services takes into consideration the
increase in salaries, the medical insurance premium increase, and is within the
amount originally budgeted. Agenda Item Exhibit C lists the 1991 salary and
total compensation increases for each of the City pay families.
The amount originally budgeted for medical insurance in 1991 was $282/month/
employee for family coverage. Based on information collected during 1990, we
now project that the amount needed to meet expected expenses is actually $3281
month/for family coverage. Since the 1991 Budget has already been adopted, to
implement this change will require a transfer of funds from the salary line item
to the medical insurance line. The medical insurance fund will then be
reconciled with the budget in early 1991 by a supplemental appropriations
ordinance. The increase in medical insurance is part of the total compensation
adjustment and will be within the amount budgeted for total compensation
increases.
The total compensation figures do not include any salary increases which may be
awarded to unclassified department heads, division heads and service directors.
Adjustments to these employees' salaries are based on performance and will not
be known until the last week of December when performance evaluations are
completed.
FINANCIAL IMPACT:
The total amount budgeted for personal services in the General Fund is $18.3
million, and the total City amount for personal services is $45 million.
Included in the calculations is the increasing costs of some benefits. In
addition to the increase in medical insurance, there are salary driven benefits
such as FICA, life insurance, and retirement that increase as salaries are
adjusted upward. Also included are salary increases which are comprised of labor
market adjustments and step increases. These costs plus the approximately 36
new positions city-wide which have been approved for 1991, comprise the total
budgeted amounts for Personal Services.
1991 Budgeted Personal Services $45,063,081
5% Increase to Personal Services $ 2,145,861
For City Council's reference, the entire pay plan is attached. The pay range
For each classified position is listed including pay equity adjustment where
warranted."
Employee Development Director Jaime Mares described the details of the Total
Compensation Plan and answered questions from Council.
Mayor Kirkpatrick said she was pleased with the process used in developing the
' Plan.
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November 20, 1990
Councilmember Maxey made a motion, seconded by Councilmember Edwards, to adopt
Ordinance No. 134, 1990 on First Reading.
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers,
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Items Related to the Implementation of a
Water Meter Installation Program, Adopted
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
A. Resolution 90-147 Approving Policies and Procedures for Compliance with
the Water Metering Act of Colorado.
B. Hearing and First Reading of Ordinance No. 122, 1990 Amending Sections 26-
97 and 26-98 to Comply with the Water Metering Act of Colorado.
On February 20, 1990, City Council adopted Resolution 90-24 establishing the
Water Demand Management Committee appointing three members to serve along with
representatives of the Water Board. The purpose of the Committee is to review
existing policies regarding water demand management and to develop a plan for
implementation of the Water Metering Act enacted by the State Legislature in
April. The bill requires all new construction to have metered water service
after July 1, 1990, and requires all existing non -metered customers to be metered
by January 1, 2009. The City h,s approximately 19,500 non -metered accounts that
must be metered. The Committee recommended that the City attempt to reach the
goal of metering all services over a 15 year period rather than the 18 years
allowed by law.
BACKGROUND:
The first issue discussed by the Committee was installation of meters for new
customers. It was determined that meters could be installed under existing code
provisions. Meters have been required in all new buildings issued a permit since
July 1. At the present time, meter fees for new construction are paid through
a separate meter charge on the water and sewer permit. The Committee is
recommending that the meter charge be integrated into the Plant Investment Fee
(PIF) and that an ordinance adjusting the PIF be introduced before the end of
1990.
The next issue discussed by the Committee was implementation of metering for
existing non -metered customers. The Committee determined that meters should be
installed on a voluntary basis initially. If full implementation of the metering ,
395
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November 20, 1990
program cannot be accomplished on a voluntary basis, then mandatory installations
can be adopted as needed in the future. Since the installation of water meters
in existing flat rate homes will make treatment and transmission facilities
available for use by new customers, the Committee determined the cost of the
metering program should be viewed as a growth related capital expansion cost.
As such, the City Code would allow the metering program to be funded by water
plant investment fees. The PIF funding recommendation was discussed with the
City Attorney and confirmed by the Demand Management Committee at its November
5th meeting.
Whether or not a voluntary metering program can be successful depends in part
on the savings that customers achieve in their monthly bills by metering. In
reviewing this issue, it was discovered that the existing flat rate fee structure
needs some adjustment. The existing flat rate fee was adopted in the 1970's and
assesses the same fee to all customers with lot sizes ranging from 6000 to 9000
square feet. Some customers with lots in this range are currently paying less
their actual cost of service. As a result, they will not realize a savings by
converting to metered water use. The Committee plans to revise the current flat
rate structure to more accurately reflect the cost of providing water service
and to propose a change in the rate ordinance to go into effect in July of 1991.
It will not always be possible to install meters inside homes so meter pits will
' have to be installed in some situations. The Committee has asked staff to
develop a zero interest loan program to assist customers if it is discovered
during he meter pit installation that the customer's water service line is
corroded or needs replacement.
The proposed Ordinance makes the changes necessary to implement the metering
program and to provide for funding of meter installations. The proposed
resolution outlines the meter installation program developed by the Committee
for Council approval. The Committee will continue to meet to examine the flat
rate structure, to propose revisions to existing PIFs, and to review additional
water demand management policies."
Water and Sewer Director Mike Smith gave a brief summary and slide presentation
on the Water Meter Installation Program.
Councilmember Edwards made a motion, seconded by Councilmember Winokur, to adopt
Resolution 90-147.
Smith said the Water Plant Investment fee's have not been adjusted for many years
and they will need to be adjusted upward. He stated that regardless of being
flat rate or metered, customers will eventually be paying more as federal
regulations on water quality become tighter.
Councilmember Horak stated the Resolution needed to contain language referencing
the cost of water.
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November 20, 1990 '
Councilmember Azari stated the Water Management Demand Committee needs to work
on issues relating to cost saving measures as well as metering issues. There
needs to be a long-term plan that would keep services at a reasonable cost.
Councilmember Horak spoke in opposition to the Resolution, stating he did not
support the concept that meters will reduce the usage of water.
The vote on Councilmember Edwards' motion was as follows: Yeas: Councilmembers,
Edwards, Kirkpatrick, Mabry, Maxey and Winokur. Nays: Councilmember Azari and
Horak.
THE MOTION CARRIED.
Councilmember Maxey made a motion, seconded by Councilmember Edwards, to adopt
Ordinance No. 122, 1990 on First Reading.
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers,
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Ordinance No. 135, 1990,
Establishing the Boundaries for Council Districts and '
Municipal Election Precincts. Adopted on First Reading
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
At the November 6 special city election held in conjunction with the General
Election, voters approved (18,832 in favor and 7,683 against) a proposed Charter
amendment concerning direct election of the Mayor and the nomination and election
of six Councilmembers by district.
The Mayor will be directly elected for a two-year term beginning in 1991. In
addition, six Councilmembers will be nominated and elected by district under a
transition process established by the Charter amendment. The Charter amendment
mandates that Council adopt an initial six -district boundary map prior to January
1, 1991, and that redistricting take place at least 6 months prior to each
biennial regular election beginning in 1993. The ordinance adopts a
District/Precinct map w.tiich establishes the boundaries for six Council districts
and for 74 municipal election precincts for the April 2, 1991 regular city
election.
BACKGROUND:
In the past, redistricting has taken place every four years. After the initial
1991 redistricting, Council district boundaries will be drawn every two years '
397
I
November 20, 1990
at least six months prior to each regular city election. Prior to the adoption
of the Charter amendment on November 6, four Councilmembers were nominated and
elected by district, and three were nominated and elected at -large, and the Mayor
was elected from among the Councilmembers for a one-year term.
Under the transition process set out in the adopted Charter amendment,
Councilmembers representing Districts 2 and 4 will be elected for terms running
to 1995 at the 1991 election. Councilmembers elected in 1989 to represent four
districts will continue to serve in office for the remainder of their terms until
1993. At the 1993 election, Councilmembers for Districts 1, 3, and 5 will be
elected for terms running to 1997, and a Councilmember for District 6 will be
elected for a two-year term running to 1995. In 1995, representatives for
Districts 2, 4, and 6 will be elected until 1999.
At an organizational meeting to be held on April 9, the newly elected Mayor and
Councilmembers will take their seats, and the Council will select a Mayor Pro
Tem for a two-year term.
Staff has prepared a six -district boundary map to establish districts that are
approximately equal in numbers of registered voters, and are as compact and
contiguous as possible. The Charter amendment requires the sequential numbering
of the districts beginning with number one in the northeastern district. An
' additional constraint in the redistricting process is the statutory requirement
that no Larimer County General Election precinct may fall within more than one
Council district, which means that district lines must follow General Election
precinct lines.
The six -district proposal establishes a relatively stable north -south "equator"
primarily along College Avenue and then the railroad tracks in the south part
of the city. As the city continues to grow to the south, the College
Avenue/railroad track equator will remain a viable major dividing point. This
dividing line also follows lines for General Election precincts.
Based on the voter registration figures for the November 6 General Election,
there are a total of 55,231 registered voters in Fort Collins. Each of the six
districts should therefore contain approximately 9,200 registered voters. Voter
registration totals for the proposed districts are as follows:
District
1 ..............
9,122
District
2 ..............
8,106
District
3 ..............
9,387
District
4 ..............
9,532
District
5 ..............
9,434
District
6 ..............
9,050
The difference between the number of registered voters in each proposed district
is less than the population of registered voters in an average precinct
' (approximately 750).
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November 20, 1990 '
The proposed District/Precinct map also sets the boundaries for 74 municipal
election precincts for the 1991 city election. The 1989 election map contained
72 precincts. Polling places will be set by Council resolution early in 1991.
The attached list shows the voter registration figures for the proposed precincts
and districts as of the close of registration for the November 6 General
Election. State law requires that any precinct changes be approved by Council
ordinance at least 90 days prior to the election. Practicality requires that
precinct boundaries be set simultaneously with the district boundaries."
City Clerk Wanda Krajicek gave a brief presentation on this item.
Councilmember Azari made a motion, seconded by Councilmember Horak, to adopt
Ordinance No. 135, 1990 on First Reading.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers,
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 90-171 Authorizing the Mayor to Nominate the
Police Chief as the City's Representative to
the Larimer Emergency Telephone Authority, Failed
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
The previously signed Intergovernmental Agreement Concerning the Implementation
of E911 Emergency Telephone Service authorizes the City to nominate one person
to the Larimer Emergency Telephone Authority. The Larimer County Board of
Commissioners, upon receiving the City's nomination in writing, will make the
appointment based on the City's recommendation. The City's appointee will be
responsible for representing the City's position on E911 budget issues,
operational decisions, equipment acquisition, project start-up and on -going
maintenance.
Once the Authority is enacted, it will operate under the rules and regulations
established by the Intergovernmental Agreement. As such, initial administrative
responsibilities of the Authority will include drafting and publication of E911
bylaws, electing Authority officers, establishing terms of office, and
Formulating the budget for both the Authority and the E911 system. An important
element of the project is the establishment of subscriber fees which pay the full
cost of the system implementation and on -going maintenance.
399
November 20, 1990
Authority members can expect to meet at least twice a month, for approximately
2 to 3 hours. This time commitment may be reduced once the system is
operational.
To date, the City of Loveland has nominated Police Chief Tom Wagoner to the
County Commissioners as its representative to the E911 Authority. The fire
districts and hospital districts are meeting this week to discuss nominees.
Presently, Ron Uthmann (PFA) and Steve Scheffel (PVH) are being considered for
nomination."
Division Commander Bud Reed, gave a brief staff presentation and description of
the responsibilities of Authority members.
Councilmember Mabry made a motion, seconded by Councilmember Maxey, to adopt
Resolution 90-171.
City Manager Steve Burkett clarified the Resolution refers to the title of Police
Chief and not a specific name, therefore, the acting Police Chief would assume
the responsibilities as the City's representative to the Larimer Emergency
Telephone Authority.
Mayor Kirkpatrick questioned the expertise of the Authority members in making
' equipment purchasing decisions. Reed responded that a technical group can be
established to answer questions related to equipment purchases.
Councilmember Maxey spoke in support of the Resolution stating he was comfortable
with the selection of the board members.
Councilmember Winokur spoke in opposition to the Resolution and stated that in
his opinion, setting fees should be a policy making decision rather than a
administrative decision.
Mayor Kirkpatrick stated she would not support the Resolution without an
additional clause giving a description of a technical group, and the insertion
of Dave Feldman's name in place of "Police Chief".
Councilmember Azari stated she did not support the Resolution. She suggested
that an elected policy maker from the City of Fort Collins be appointed to the
Authority with Police Services providing staff support.
The vote on Councilmember Mabry's motion was as follows: Yeas: Councilmembers
Edwards, Mabry and Maxey. Nays: Councilmembers, Azari, Horak, Kirkpatrick,
and Winokur.
THE MOTION FAILED.
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November 20, 1990
Other Business
Councilmember'Azari made a motion, seconded by Councilmember Winokur, to direct
the City Manager to prepare a one page summary statement of the policies
regarding Economic Development.
Councilmember Azari stated the City's role in economic development is not clear
and she would like to see it defined as simply as possible.
Mayor Kirkpatrick spoke in agreement with Councilmember Azari's motion, stating
the public needs to understand the mode in which the City functions in the area
of economic development.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers,
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Edwards reported that he received a citizen call regarding a noise
complaint and commented that it is still an ongoing issue. He requested that
staff contact the citizen to clarify the issues and determine what types of
enforcement actions are being taken.
Councilmember Horak commented on the City of Denver's recently passed ordinance
on loud car stereos and the comparison to the City's noise ordinance.
City Manager Steve Burkett stated he would provide Council with a copy Denver's
ordinance and a memo outlining each City's approach to issues relating to the
noise ordinance.
Councilmember Horak requested information from staff on various species of
plants, in particular the Russian Olives, that are planted in Larimer County to
determine if certain types may be an item of concern.
City Manager Steve Burkett advised Council that the E911 Resolution will be
rewritten and brought back for approval at the next meeting deleting the title
of Police Chief and outlining support aspects so that Council can make an
appointment to the Authority.
Councilmember Maxey made a motion, seconded by Councilmember Mabry, to adjourn
until November 27, 1990 at 5:30 p.m.
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers,
Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
401 ,
The meeting adjourned at 8:35 p.m.
ATTEST:
City Clerk
402
Mayor
November 20, 1990