HomeMy WebLinkAboutMINUTES-12/19/1995-Regular' December 19,1995
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:30 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, December 19,
1995, at 6:30 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was
answered by the following Councilmembers: Apt, Azari, Janett, Kneeland, McCluskey, Smith and
Wanner.
Staff Members Present: Fischbach, Roy, Krajicek.
Agenda Review
City Manager John Fischbach reported that an Other Business item had been added to Council's
packet regarding open space acquisition.
Sandy Newman, a Fort Collins resident, requested that Item #16, First Reading of Ordinance No.
165, 1995 Amending Section 15-412 of the Code of the City Regarding the Establishment of Rates
' for the Collection of Solid Waste for Single -Family and Two -Family Residential Customers, be
pulled from the Consent Agenda.
***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" off the Consent Calendar and considered separately.
Agenda items pulled from the Consent Calendar by the Public will be considered separately under
Agenda Item #24, Public Pulled Consent Items.
Consideration and approval of the regular meeting minutes of October 17. November 7.
November 21 1995 and an adjourned meeting of November 14. 1995.
8. Second Reading of Ordinance No 155 1995 Adopting the 1996 City of Fort Collins Total
Compensation Plan,
In November 1995, Council adopted its Financial Policies which includes the Human
Resource Management and Productivity Policy. This policy includes the Total Compensation
Policy for the City's classified and unclassified management employees. The policy states
M4
December 19, 1995
that the total compensation for these City employees will average 4.5% above the median of '
the labor market.
Ordinance No. 155, 1995, which was unanimously adopted on First Reading on December
5, 1995, adopts the 1996 City of Fort Collins Total Compensation Plan.
9. Second Reading of Ordinance No 156 1995 Designating the Schalk -Stallings House and
Garages 319 East Plum Street Fort Collins. Colorado as a Local Landmark Pursuant to
Chapter 14 of the Code of the City of Fort Collins.
The owners, Wayne and Jeanne Snyder, are initiating this request for Local Landmark
designation for the Schalk -Stallings House and Garages, 319 East Plum Street. A public
hearing was held by the Landmark Preservation Commission on November 14, 1995, at
which time the Commission voted to recommend designation of the residence and garages
as a local landmark for their architectural and historical importance. Ordinance No. 156,
1995 was unanimously adopted on First Reading on December 5, 1995.
10. Second Reading of Ordinance No 158 1995 Authorizing the Mayor to Execute a Deed of
Conveyance fo' the Sale of a 3.052 Acre Parcel Near the Intersection of Drake And Taft Hill
Roads.
An offer was received by the Right -of -Way Office from Bret Latimer on June 29, 1995. The '
agreed upon purchase price is based on consultation with an M.A.I. appraiser, and the
resulting contract is for $133,000, contingent upon approval by the City Council. Ordinance
No. 158, 1995, which was unanimously adopted on First Reading on December 5, 1995,
authorizes the Mayor to execute a Deed of Conveyance for the sale of this land, subject to
grants of additional rights of way and trail easement, and any other related documents as
needed to convey the property, to Bret Latimer.
11. Second Reading of Ordinance No 159 1995 Vacating a Portion of Street Right -of -Way for
Hill Pond Road as platted with the Windirail Townhomes P U D and Retaining the Same
for Utility and Drainage Easement Purposes
At the time the P.U.D. was platted, Hill Pond Road was planned to extend to the east and
eventually tie in to future Centre Avenue. Since that time, the developer and the City Natural
Resources Department have agreed on a plan that minimizes impacts to the existing wetland
in the larger area surrounding the development. Since the extension of Hill Pond Road to
the east as originally planned would disturb a significant wetland, the developer has platted
new street right-of-way for a north -south street which will minimize impacts to the wetland
and provide access to future Centre Avenue. Therefore, the platted street right-of-way for
the extension of Hill Pond Road is no longer necessary from a traffic circulation standpoint,
nor is it desirable to extend the road as originally planned due to the disturbance of the
wetland. The right-of-way proposed for vacation will be retained for a utility and drainage '
457
December 19, 1995
' easement. Upon vacation of the right-of-way, the developer will deed the area to the
Windtrail Townhomes Homeowners' Association for open space. This ordinance was
unanimously adopted on First Reading on December 5, 1995.
12. Second Reading of Ordinance No 161, 1995, Amending Section 29-526(d)(2) to Establish
a Minimum Percentage of Base Points Required on the Residential Uses Activity Point Chart
and Amending Section 29-526(j).(5) to Provide More Detailed Criteria Regarding the Off -site
Open Space Residential Density Bonus Provisions and Extending the Ap.Rlication of the
Amendments to Section 29-526 Enacted Pursuant to Ordinance No 114 1994
These recommended Land Development Guidance System point chart revisions, which were
unanimously adopted by Ordinance No. 161, 1995 on First Reading on December 5, 1995,
were proposed in response to issues identified through staff monitoring of the performance
of the Short Term Growth Management Measures (commonly referred to as the phasing
criteria) that were adopted by Council in July of 1994.
13. Second Reading of Ordinance No 162 1995 Amending Section 2-581 of the Code of the
City of Fort Collins and Setting the Compensation of the City Attorney.
City Council met in Executive Session to conduct the performance appraisal of City Attorney
' Steve Roy. Ordinance No. 162, 1995, which was unanimously adopted on First Reading on
December 5, 1995, establishes the 1996 salary of the City Attorney.
14. Second Reading of Ordinance No 163 1995 Amending Section 2-596 of the Code of the
City of Fort Collins and Setting the Compensation of the City Manager.
City Council met in Executive Session to conduct the performance appraisal of City Manager
John Fischbach. Ordinance No. 163, 1995, which was unanimously adopted on First
Reading on December 5, 1995, establishes the salary and compensation provided the City
Manager.
15. Second Reading of Ordinance No 164 1995 Amending Section 2-606 of the Code of the
City of Fort Collins and Setting the Compensation of the Municipal Judge
City Council met in Executive Session to conduct the performance appraisal of Municipal
Judge Kathleen M. Allin. This Ordinance, which was unanimously adopted on First Reading
on December 5, 1995, establishes the 1996 salary of the Municipal Judge.
16. First Reading of Ordinance No 165 1995 Amending Section 15-412 of the Code of the City
Regarding the Establishment of Rates for the Collection of Solid Waste for Single -Family
and Two -Family Residential Customers.
December 19, 1995
This is a clarification to City Code, which as of January 1, 1996 requires trash haulers to 1
charge for the volume of waste collected from customers in a "pay as you throw" fee system.
The proposed amendment clarifies that haulers are allowed to charge a flat monthly fee to
cover their fixed costs; they must still charge by volume for the amount of trash collected.
A flat fee enables haulers to recover their fixed costs when no garbage or recycling is
collected. This system of allowing a flat fee, plus volume charges is a standard feature of
most communities that require volume -based rates.
17. First Reading of Ordinance No 166 1995 Authorizing the City to Grant a Non -Exclusive
Easement for Electrical Service for a Well to Poudre Valley Rural Electric Association Inc
fREAI
The City of Fort Collins Water Utility Department owns the land known as Meadows Spring
Ranch, which is approximately 25 miles north of Fort Collins. The Andersite Rock
Company has requested electrical power to a recently adjudicated well that lies in the
Interstate 25 right-of-way. There are only two ways that REA can get service to the well.
Both of these options impact City property. Option #1 would be for the power poles to go
along Weld County Road 128 right of way - it would be necessary for these poles to make
a 90 degree turn on Meadows Spring Ranch property along Interstate Highway 25. It is not
possible to install power poles in the Interstate Highway 25 right of way because of the steep
slope. This option would require at least 7 power poles and two sets of guy wires on the City
property alone, not counting the power poles on Weld County Road 128 right of way. '
Option #2 is to go across the Meadows Spring Ranch, following the direct path from the
existing service to the well. This is the shortest distance and would require approximately
4 power poles and one set of guy wires. The total area of this easement for Option #2 is .658
acres.
The Water Utilities staff has reviewed this request and has approved Option #2, utilizing
fewer power poles. Staff does not perceive any problems with the granting of this easement.
18. First Reading of Ordinance No 157 1995 Authorizingthe e City of Fort Collins to Enter into
a Three Year Farm Lease Agreement with Greg Walker for Farming of the Resource
RecoveEy Farm.
In 1982, the City developed the Resource Recovery Farm at Prospect Street and I-25 as a
sludge disposal site. Sludge is applied to the fields from December until March and field
preparation for the next years crop immediately follows.
During the first four years, the farming operation was contracted out to a local farmer. In
1988, the City took over farming the site. In 1994, staff recommended that the City Resource
Recovery Farm be returned to contract farming and entered into a one-year lease, with a one-
year option to renew, with Greg Walker. In 1995, staff solicited a Request for Proposal to '
459
December 19, 1995
again lease the Resource Recovery Farm and received one proposal from Mr. Walker. Since
1989, the City has had a lease agreement with Mr. Walker to farm the future wastewater
treatment plant property along the Poudre River adjacent to Ptarmigan Golf Course. To date,
Mr. Walker has met or exceeded expectations in all of his previous farm leases with the city.
19. First Reading of Ordinance No 167, 1995, Vacating a Portion of Street Right -of -Way for
Troutman Parkway and Retaining the Same for Utility Easement Pumoses.
The southwest corner of the intersection of Troutman Parkway and South College Avenue
was recently reconstructed with the development of the Johnny Carino's Italian Restaurant
and the construction of the southbound right turn lane into the Target shopping center. The
turn lane and access into the shopping center are components of the South College Avenue
Access Control Plan adopted by the City and the Colorado Department of Transportation in
1989. The radius of the southwest comer of Troutman Parkway and South College Avenue
was reconstructed in order to meet the design standards of the State Highway Access Code.
As a result of the reconstruction, there is excess right-of-way at the comer of the intersection.
This Ordinance vacates the excess right-of-way so that the right-of-way is consistent with the
new curb line. The area will be retained for utility easement purposes.
20. Resolution 95-173 Committine the Citv to Act as Rvviewine Entity for the State Income Tax
' Credit Program for Qualifying Historic Rehabilitation Projects for 1996.
As a member of the Certified Local Government Program in the State of Colorado, the City
of Fort Collins has the opportunity to commit to acting as a reviewing entity for the State
Historic Preservation Income Tax Credits during the next calendar year. The City Council
must adopt as resolution stating whether it intends on committing to this responsibility.
The Fort Collins Landmark Preservation Commission moved on November 28 to
recommend that the City Council adopt a resolution committing to act as a reviewing entity
for 1996 and to waive the initial application fee of $250 for local landmarks to encourage
local landmark designation.
21. Resolution 95-174 Authorizing the Mayor to Enter into Two Contracts with the State of
Colorado for the Receipt of Intermodal Surface Transportation & Efficiency Act OSTEAL
Funds for the Operation of Camool and Vanpool Programs.
The City of Fort Collins has operated Commuter Pool since late 1987. Commuter Pool is
a ridesharing/commuter assistance program operated to benefit the residents of Fort Collins
and the North Front Range (including the Loveland and Greeley communities and
surrounding areas). The vanpool fleet will operate 23 vans throughout 1996. In addition to
the on -going carpool and vanpool programs, increased efforts will be made in 1996 to
' promote other alternative transportation modes and serve non -commute trip markets.
460
December 19, 1995
22. Resolution 95 175 Authorizing the City Manager to Enter into an Intergovernmental '
Agreement with Larimer County to Provide Paratransit Services to County Residents.
Staff from Larimer County and the City met to resolve the issue of the cessation of
transportation services offered by Care -A -Van, Inc. to county residents as of December 31,
1995. Arrangements were developed for the County to contract with the City's Dial -A -Ride
program to provide this service. The City will be reimbursed by the County.
23. Resolution 95 176 Authorizing the Mayor to Execute an Addendum to the City's
Employment Agreement with John F. Fischbach as City Manager of the City of Fort Collins.
On June 20, 1995, Council adopted Resolution 95-88 appointing John Fischbach as City
Manager of the City of Fort Collins. Resolution 95-88 also authorized the Mayor to execute
an Employment Agreement with Mr. Fischbach.
Based on discussions with Mr. Fischbach, the City Council would like to amend his
Employment Agreement such that any subsequent salary adjustments will be done through
the annual performance review process and follow-up salary ordinance. This change to Mr.
Fischbach's Employment Agreement will allow City Council to make subsequent salary
adjustments without having to authorize the Mayor each year to enter into an addendum to '
the Employment Agreement concerning the salary change. Rather, the addendum authorized
by this Resolution will provide that any such change will be automatically incorporated into
the Employment Agreement.
All other terms and conditions of the Employment Agreement will remain unchanged and
in full force and effect.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
Second Reading of Ordinance No 155 1995 Adopting the 1996 City of Fort Collins Total
Compensation Plan.
9. Second Reading of Ordinance No 156 1995 Designating the Schalk -Stallings House and
Garages 319 East Plum Street Fort Collins Colorado as a Local Landmark Pursuant to
Chapter 14 of the Code of the City of Fort Collins.
10. Second Reading of Ordinance No 158 1995 Authorizing the Mayor to Execute a Deed of
Conveyance for the Sale of a 3,052 Acre Parcel Near the Intersection of Drake And Taft Hill
Roads.
461
December 19, 1995
' 11. Second Reading4f Ordinance No 159 1995 Vacating a Portion of Street Right -of -Way for
Hill Pond Road as platted with the Windtrail Townhomes P.U.D. and Retaining the Same
for Utility and Drainage Easement Purposes.
12. Second Reading of Ordinance No 161 1995 Amending Section 29-526(d)(2) to Establish
a Minimum Percentage of Base Points Required on the Residential Uses Activity Point Chart
and Amending Section 29-526(j)(5) to Provide More Detailed Criteria Regarding the Off -site
Open Space Residential Density Bonus Provisions and Extending the Application of the
Amendments to Section 29-526 Enacted Pursuant to Ordinance No 114 1994
13. Second Reading of Ordinance No 162 1995 Amending Section 2-581 of the Code of the
City of Fort Collins and Setting the Compensation of the City Attorney.
14. Second Reading of Ordinance No 163 1995 Amending Section 2-596 of the Code of the
City of Fort Collins and Setting the Compensation of the City Manager.
15. Second Reading of Ordinance No 164 1995 Amending Section 2-606 of the Code of the
City of Fort Collins and Setting the Compensation of the Municipal Judge
Items on First Reading were read by title by City Clerk Wanda Krajicek.
' 16. First Reading of Ordinance No 165 1995 Amending Section 15-412 of the Code of the City
Regarding the Establishment of Rates for the Collection of Solid Waste for Single -Family
and Two -Family Residential Customers.
17. First Reading of Ordinance No 166 1995 Authorizing the City to Grant a Non -Exclusive
Easement for Electrical Service for a Well to Poudre Valli Rural Electric Association. Inc.
R( EA)
18. First Reading of Ordinance No 157 1995 Authorizing the City of Fort Collins to Enter into
a Three Year Farm Lease Agreement with Greg Walker for Farming of the Resource
Recovery Farm.
19. First Reading of Ordinance No 167 1995 Vacating a Portion of Street Right -of -Way for
Troutman Parkway and Retaining the Same for Utility Easement Purposes,
27. Items Relating to the North College Avenue Corridor Rezoning
A. First Reading of Ordinance No. 168, 1995, Amending Chapter 29 of the Code of the
City by the Addition of a Definition and by the Addition of Two New Zoning
Districts to Be Known as the "H-C" Highway Commercial and the `B-C" Business
462
December 19, 1995
Center Zoning Districts and by the Inclusion of Said Districts in the Table in Section ,
29-475(a).
B. First Reading of Ordinance No. 169, 1995, Amending Chapter 29, Article III,
Division 4, Subdivision G Regarding Design Review of Permitted Uses.
C. First Reading of Ordinance No. 170, 1995 Amending the Zoning District Map of the
City.
D. First Reading of Ordinance No. 171, 1995 Adopting Standards and Guidelines for the
North College Avenue Corridor.
Councilmember McCluskey made a motion, seconded by Councilmember Smith to adopt and
approve all items not removed from the Consent Agenda. Yeas: Councilmembers Apt, Azari, Janett,
Kneeland, McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Ordinance No. 165, 1995
Amending Section 15-412 of the Code -
of the City Regarding the Establishment
of Rates for the Collection of Solid Waste for Single -Family and
Two -Family Residential Customers Adopted as Amended on First Reading
The following is staff's memorandum on this item.
"Executive Summary
This is a clarification to City Code, which as of January 1, 1996 requires trash haulers to charge
for the volume of waste collected from customers in a "pay as you throw"fee system. The proposed
amendment clarifies that haulers are allowed to charge a f at monthly fee to cover their fixed costs;
however, they must still charge by volume for the amount of trash collected. A fat fee enables
haulers to recover their fixed costs when no garbage or recycling is collected. This system of
allowing a fat fee, plus volume charges is a standard feature of most communities that require
volume -based rates.
BACKGROUND:
In May 1995, the City Council adopted an ordinance effective January 1, 1996 requiring waste
haulers to charge for the volume of waste they collect from customers. Collection fees must be
exactly the same for each bag or can of garbage as they are for the first unit. These rates create
463
December 19, 1995
' incentive to reduce the amount of waste generated, and to separate materials for recycling, which
do not have disposal charges.
Recently, all haulers in Fort Collins requested permission to charge a basic service fee in addition
to volume -based fees. The haulers explained that they have no way of knowing whether customers
will set garbage out, but must send a truck to the curbside regardless, which costs them money. The
basic service fee allows them to recover fixed costs and is a standard feature in most communities
with volume -based rates, including Loveland.
Staff agreed to support this request, with a provision that limits base rates. Our concern was that
the intent of the ordinance could be undermined if haulers set a high base rate and only charged a
minimal volume rate.
A round -table discussion was held with haulers and community recycling advocates to discuss an
amendment to the ordinance. A consensus was reached to support a proposal that allows haulers
to charge a flat monthly fee to cover fixed costs. A method was developed to test whether the base
fee is "reasonable", honors the intent of charging people for what they throw away, and is
enforceable.
The following formula: (flat monthly fee < .60 x aggregated customer cost) says that the monthly
' service fee can be no more than 60% of the aggregate cost for a customer who generates one bag
of trash per week. Thus, for a hauler who charges $1.00 per bag or can, the basic monthly fee can
be no more than $5.60. The ordinance requires that haulers show the fixed monthly fee as a
separate line item in their billing statements.
The Natural Resources Advisory Board reviewed the proposed ordinance amendment at its
December 6 meeting and voted unanimously to recommend Council adoption.
The proposed amendment caps the flat monthly fee at 60% of the aggregated customer cost
(aggregated cost = flat monthly fee + 4.33 weeks/month x volume rate charged per container).
Inserting the numbers far a hauler who charges $5.00 for a flat fee and $1.00 per bug/can:
$5.00 < .60 x ($5.00 + 4.33 x $1.00)
$5.00 < (.60 x $5.00) + (.60 x 4.33 x $1.00)
$5.00 < $3.00 + 2.60
$5.00 <_ $5.60
For a hauler charging a $4.00 flat fee and $2.00 per bag/can:
$4.00 < .60 x ($4.00 + 4.33 x $2.00)
$4.00 < (.60 X $4.00) + (.60 X. $8.66)
MI
December 19, 1995
$4.00 < $2.40 + $5.20
$4.00 < $7.60"
Natural Resources Director Tom Shoemaker gave a brief staff presentation on this item. He stated
staff originally believed this item was a "housekeeping" item and would not evoke any controversy,
but stated that was not the case. He clarified that under Colorado State Statute the City can not
establish the rates haulers are allowed to charge, but stated the City was allowed to provide input
regarding rate structuring. He spoke of staff s concerns regarding publication of rates, stating he did
not want to be in the position of misinforming the public.
Shoemaker responded to Council questions and clarified haulers receive a reduction in the fees when
dumping recycleables, and those loads are taken to the recycling center, not the landfill.
Councilmember Janett made a motion, seconded by Councilmember Smith, to adopt Ordinance No.
165, 1995 on First Reading.
Sandy Newman, a Fort Collins resident, expressed concerns regarding increased fees and believed
recyclers are subsidizing large users. She emphasized the need for additional public outreach.
Jeff Bridges, 725 Mathews, stated he believed the original objective was to encourage consolidation
of volume based trash hauling. He stated if Council granted a subsidy to be disbursed throughout '
the City, that intent would be undermined and opposed adoption of base fees.
Randy Garrison, representing Waste Management of Northern Colorado, spoke in support of the
ordinance as amended, attaching a basic service fee.
Ray Meyer, representing Ram Waste Systems, spoke of the manner in which fees are implemented.
He believed the intent of the ordinance was to make people aware of the need for waste reduction
and to promote recycling.
Art Gallegos, Gallegos Sanitation, concurred with previous speakers.
Shoemaker clarified the system would be monitored continuously.
Councilmember Smith spoke of the need to provide citizens with information regarding waste
hauler's rates.
Councilmember McCluskey concurred with Councilmember Smith and expressed concerns
regarding public process, noting many citizens were not aware of the upcoming change. He stated
it was not the City's responsibility to inform customers of the various rates for each hauler, but stated
it would be beneficial to inform citizens of upcoming changes.
465
December 19, 1995
' Shoemaker clarified various advertisements would be published explaining the system basics.
Councilmember Smith made a motion, seconded by Councilmember Apt, to amend Section 15
412(d) from 60% to 50%.
Councilmember Smith spoke of the need to place more emphasis on the unit volume fee.
Kelly Ohlson, 2040 Bennington Circle, spoke in support of the amendment.
Don Greenfield, 500 East Vine and General Manager of Waste Management, opposed the
amendment, and stated that the figures presented are in line with costs charged in the surrounding
area.
Sandy Newman, a Fort Collins resident, spoke in support of volume based rates.
Tim Johnson, a Fort Collins resident, supported lowering the base rate further and adding a bag rate.
Jeff Bridges, 725 Mathews, stated amending the percentage from 60% to 50% was not low enough.
John Puma, President of Ram Waste Systems Inc., spoke in favor of base rates stating that a fee per
bag would substantially increase the current rates.
' Art Gallegos, GSI, stated reducing or raising the rate was of no significance to him.
Matt Gallegos, GSI, stated that without a base fee, there would be a higher cost to the customer and
concurred with comments made by the previous speaker.
Councilmember McCluskey spoke in support of the amendment and requested staff supply Council
with additional information regarding percentages/ranges and consequences prior to Second Reading
of the ordinance.
The vote on Councilmember Smith's motion to amend Ordinance No. 165, 1995 was as follows:
Yeas: Councilmembers Apt, Janett, McCluskey, Smith and Wanner. Nays: Councilmembers Azari
and Kneeland.
THE MOTION CARRIED.
Councilmember Apt spoke of the amount of time and effort involved and thanked everyone
involved. He concurred with previous comments regarding the need for further information and
analysis before Second Reading.
Councilmember Janett supported reviewing the rate structure within 6 to 12 months.
E..
December 19, 1995
Councilmember Kneeland stated she was opposed to making public policy but believed it followed '
Council's intent.
Mayor Azari stated she would not support the motion.
The vote on Councilmember Janett's motion to adopt Ordinance No. 165, 1995 as amended on First
Reading was as follows: Yeas: Councilmembers Apt, Janett, Kneeland, McCloskey, Smith and
Wanner. Nays: Councilmember Azari.
THE MOTION CARRIED.
Staff Reports
City Manager John Fischbach reported that Streets Superintendant Larry Schneider was presented
with an award by the Colorado Chapter of the American Public Works Association for his
accomplishments with the Annual Western Snow and Ice Conference which is now, after 15 years,
known as the largest of its kind in the United States.
He also reported that Susanne Edminster had received recognition as ARMA Chapter Member for
the Year 1994-95.
City Clerk Wanda Krajicek gave a brief update on the status of the Charter Review Committee, I
noting the submittal deadline for applications had been extended.
Councilmember Reports
Councilmember Apt reported the Growth Management Committee met and discussed the possibility
of implementing additional measures to review City Plan designs.
Councilmember Janett spoke of a recent meeting held with the Planning and Zoning Board at which
workload and development review issues were discussed. She reported that Fort Collins Police
Officer, Kay Konerza, has been notified that she has been choosen to participate in the U.S.
Olympics.
Councilmember McCluskey stated the Finance Committee met and discussed the Convention and
Visitor's Bureau contract and the Transportation Maintenance Fee. He reported the Committee
would be reviewing the use tax policy change.
Councilmember Smith stated the NFRTAQ recently met to discuss the possibility of revisiting the
weighting criteria for the Regional Transportation Plan and spoke of available funding for various
bypasses in the region.
467
December 19, 1995
' Councilmember Kneeland attended a meeting of the State Board of Community Colleges and
expressed Council's support for the Front Range Community College joint -use library project. She
reported the State Board of Community Colleges also supported the project and had thanked Council
for its support.
Items Relating to the North
College Avenue Corridor Rezoning, Adopted on First Reading
The following is staff's memorandum on this item.
"Executive Summary
A. First Reading of Ordinance No. 168, 1995, Amending Chapter 29 of the Code of the City by
the Addition of a Definition and by the Addition of Two New Zoning Districts to Be Known
as the "H-C" Highway Commercial and the "B-C" Business Center Zoning Districts and
by the Inclusion of'Said Districts in the Table in Section 29-475(a).
B. First Reading of Ordinance No. 169, 1995, Amending Chapter 29, Article III, Division 4,
Subdivision G Regarding Design Review of Permitted Uses.
' C. First Reading of Ordinance No. 170, 1995 Amending the Zoning District Map of the City.
D. First Reading of Ordinance No. 171, 1995 Adopting Standards and Guidelines for the North
College Avenue Corridor.
The proposed rezoning is a direct implementation of the North College Avenue Corridor Plan
(adopted in March of 1995.) The rezoning mainly involves the creation, of two new zoning districts
with corresponding design standards and guidelines, in accordance with the Plan.
The North College Advisory Committee has continued to meet to generate and guide the content of
the proposed rezoning. They have stayed fully committed to the effort and are responsible for many
of the main ideas -- particularly in the H-C district which covers North College Avenue itself. The
H-C District is probably the more important of the two districts to the Committee, the North College
Business Association, and the property and business owners they represent in this effort.
The full provisions of the new zoning districts are based on a development scenario in which the Dry
Creek channel has been converted from a prohibitive constraint to an amenity.
APPLICANT:
City of Fort Collins
468
December 19, 1995
BACKGROUND:
The North College Avenue Corridor Plan was unanimously adopted by the P&Z Board and City
Council in March of 1995, with the directive to quickly follow up on the recommendations to rezone
the area with a slightly streamlined administrative review process using design standards and
guidelines, with the option for PUD developments and a way to trigger public review for projects
with significant impacts.
The following are some of the most relevant excerpts from the plan.
Plan Goal:
"Provide appropriate zoning to allow a wide range of land uses and update development
requirements to fit the goals for the corridor."
Plan Recommendations:
"New zoning districts... should create increased potential for use -by -right development review
while requiring compliance with standards that serve to accomplish the goals for the corridor."
1
"However, development projects with significant impacts should be defined in such a way as to ,
triggerpuhlie review under the PUD requirements of the LDGS."
"Standards for development in the new zones should be established. The purpose is to ensure
progress toward the goals and policies with clear requirements -- yet at the same time allow as
simple a review process as possible."
KEY PROVISIONS OF THE ZONING CHANGES AND STANDARDS AND GUIDELINES
H-C Highway Commercial District:
The proposed H-C Highway Commercial District applies mainly to land with North College Avenue
frontage, plus a westward extension along Hickory Street. The H-C District totals 210 acres. The
H-C District is meant to accommodate the existing types of highway related businesses as well as
encourage a mixed use transition away from the highway to less intensive uses. (See attached map
for location of the district).
The following are some of the key provisions of the H-C District:
Permit a wide range of land uses, with a character portrayed for how to arrange the uses.
Require roadway edge improvements and illustrate the problems and choices.
Limit car sales along North College to 10% of the total frontage (about what's there now). '
469
December 19, 1995
Limit the frontage devoted to parking lots on each parcel.
Illustrate the potential for more street connections in the area; encourage further
cooperative planning among owners for significant future redevelopment; and require what
is reasonable regarding more connections.
Provide the potential for staff review according to the standards and guidelines that includes
the use of LDGS Section A.
B-C Business Center District:
The proposed B-C Business Center District applies to two areas on the east side of North College
Avenue. It forms a mixed use transition and a link between residential areas and commercial core
areas (downtown and North College Avenue). The B-C District totals 160 acres. The B-C District
is portrayed as a complement to downtown in terms of (1) su nortive uses like housing and
employment, and (2) physical character that is connected, integrated, walkable, and attractive, with
sensitivity to the natural features in the area. (See attached map for location of the district).
The B-C District directly affects fewer properties than does the H-C District; several are fairly
large— up to about 40 acres in size. The district is based on a very popular part of the vision that
was selected from among alternatives in the North College Plan process: the idea of extending some
downtown qualities and making the riverway more of a positive focus for the north side to shire with
' the south side. The Visual Preference Survey has added to awareness of the value of appealing,
locally responsive community design; and this new district has unique and exciting possibilities for
development that are consistent with the VPS results. Professional and political discourse in
planning, architecture, landscape architecture, transportation, sociology, market economics,
housing, and local urban politics is "snowballing" and moving in the direction of community design
that is exemplified by this new district.
The following are some of the key provisions of the B-C District:
Permit a wide range of land uses and portray a desired character of use to complement
surrounding uses.
Extend some of the qualities of downtown -- most notably a network of local streets and
blocks; also the scale and character of buildings and their adjoining spaces; with all
emphasis on forming coherent whole district areas out of multiple projects.
Encourage housing types that can readily be adapted to the transitional, downtown fringe
location such as townhouses, row houses, apartments, condominiums, living units stacked
over work space or garages, small lot single family houses, sideyard houses, residential
outbuildings, and the myriad variations on such types.
Incorporate the large trees and wetlands that occur in the district into the design of
development projects.
Encourage further cooperative planning among owners for significant future redevelopment.
P
December 19, 1995
Provide the potential for staff review according to the standards and guidelines that includes '
the use of LDGS Section A.
Some of the standards and guidelines do not represent final solutions to the issues that are involved.
Rather, they are an interim step toward solutions that will require further detailed work on public
and private planning and investment initiatives. For example, the standards and guidelines for
street and block layout and design reflect the incomplete degree to which this rezoning can prescribe
final solutions, because the Master Transportation Plan and City Plan will probably add more
clarification regarding these issues. Another example is the Poudre River floodplain near Vine
Drive and North College Avenue, which will be subject to the findings of the Poudre River Master
Drainageway Plan currently underway.
"Housekeeping" Amendments to Zoning District Map:
In addition to rezoning into the new B-C and H-C districts, the proposed rezoning also includes
some other "housekeeping" amendments to the Zoning District Map of the City. This consists of
rezoning city -owned open space parcels along the river into the R-C River Corridor zoning district.
This action is consistent with the Downtown Platt and the North College Avenue Corridor Plan. The
parcels are currently zoned C Commercial, M-L Low Density Mobile Homes, and I-G General
Industrial. The North College Avenue Corridor Plan had recommended two other such zoning
changes to privately owned parcels; but complications emerged in both situations that need to be ,
dealt with outside of this North College effort.
PLANNING AND ZONING BOARD RECOMMENDATION
The Planning and Zoning Board heard the rezoning proposal on November 13. Their
recommendation to Council was to postpone Council action for 60 days to give the Board some time
with the project at the P&Z level, to get answers to some questions that were raised. Specifically,
the direction from the Board at the hearing was as follows:
- Because of support for the vision and intent portrayed in the rezoning, be careful to be sure
that "Standards" as opposed to "Guidelines" are adequate to stand up to development
pressures that would compromise the purposes.
- Be realistic and certain about the rationale for streamlined process vs. PUD process.
- Be realistic and certain about notice to the neighboring public, and offer a chance for public
input regarding development.
- Integrate this with City Plan, and the Master Transportation Plan, because this looks like
a great opportunity to fit with the direction of the Visual Preference Survey and other
city-wide trends.
- Avoid proliferating processes.
FOLLOW-UP RESPONSE TO P&Z RECOMMENDATION
471
December 19, 1995
' The day after the P&Z Hearing, staff members contacted members of the Council Growth
Management Committee to discuss the 60-day postponement idea. Several discussions among staff
and Council members led to two special meetings of representatives of the P&Z Board, the North
College Advisory Committee, and staff; in which final revisions to the rezoning package were
"hammered out". The revisions include making public notice and public involvement clearer, and
strengthening and clarifying some of the points in the zoning and the standards and guidelines.
The revisions were discussed with the Board at a worksession held Friday, December 8, and the
Board is now satisfied that its concerns are resolved to the extent possible at this time. The Board
supports the adoption of the ordinances. "
City Planner Clark Mapes presented slides displaying the area involved and gave a presentation of
the Plan. He spoke of the wide range of different land uses and mixed uses for the district and
commented on the various types of zonings.
Dean Hoag, North College Avenue business owner, stated he has been involved with the Plan from
the beginning and believed the Plan gives the northern part of the City direction and vision. He
stated the new zoning would be a more appropriate match for existing businesses, permitting existing
uses and offering guidance for future growth. He spoke of the need for a liaison and urged adoption
of the new zoning.
Karen Weitkunat, 1513 North College Ave. and member of the North College Advisory Committee,
concurred with comments made by Mr. Hoag and urged adoption of the zoning, standards and
guidelines.
Mapes clarified the zoning was similar to the Harmony Corridor and Eastside/Westside
Neighborhood Zonings and spoke of the reason for additional zoning categories.
Deputy City Attorney Paul Eckman stated the newly created zoning districts would apply to all future
annexation requests and clarified zoning requests must be in accordance with specific comprehensive
plans.
Councilmember Janett asked that staff consider meeting with vacant land owners in the area to
present the benefits of this proposal and encourage their support.
Councilmember Wanner made a motion, seconded by Councilmember McCluskey, to adopt
Ordinance No. 168, 1995 on First Reading. Yeas: Councilmembers Apt, Azari, Janett, Kneeland,
McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
imi
December 19, 1995
Councilmember Kneeland thanked members of the Committee for following the project through. I
Councilmember Wanner stated he believed this was a good example of public process.
Councilmember Janett expressed her pleasure with the design principals and spoke in support of the
ordinances.
THE MOTION CARRIED.
Councilmember Apt made a motion, seconded by Councilmember Kneeland, to adopt Ordinance No.
169, 1995 on First Reading. Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey,
Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Councilmember McCluskey made a motion, seconded by Councilmember Wanner, to adopt
Ordinance No. 170, 1995 on First Reading. Yeas: Councilmembers Apt, Azari, Janett, Kneeland,
McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Councilmember Kneeland made a motion, seconded by Councilmember Smith, to adopt Ordinance '
No. 171, 1995 on First Reading.
Councilmember Janett reported that the design standards presented are being considered for other
areas of the City.
Mayor Azari spoke of Council's intent to extend the downtown area northward and made assurances
that Council would remain involved in the development.
The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Apt,
Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
473
December 19, 1995
' Resolution 95-177
Authorizing a Contract with the Fort Collins
Convention & Visitors Bureau (CVB) to Provide
General Tourism, Community Event Promotion
and Conference/Convention Servicing, Adopted.
The following is staff's memorandum on this item.
"Financial Impact
Staff is recommending that the City enter into a one-year contract (with four, one-year renewal
terms) with the Fort Collins Convention & Visitors Bureau, to provide tourism, community and
visitor promotional services. The attached Scope of Services outlines the specific services to be
provided by CVB under the contract. Staff and the CVB have negotiated based upon this scope, and
have determined the initial cost to provide these services to be approximately $250,000. Under the
terms of the City's previous contract with the CVB, the Bureau received 75% of the total lodging tax
collected in a prior year. Often this resulted in nearly 10% increases over the prior year in the base
appropriation to the Bureau. Staff recommends that a cap be established, limiting annual budget
increases pursuant to the Denver -Boulder Consumer Price Index.
' Lodging tax collections have grown an average of nearly 10% per year over the past f ve years, with
1994 collections of $354,798. The lodging tax is derived from a 3% charge on the cost of
hotel/motel rooms within the City of Fort Collins. The CVB has in the past received 75% of the total
collection, and the Culture Development Program (Fort Fund) the remaining 25% (Fort Fund is
administered by the Cultural Resources Board and staff). Under the new scope, the CVB will
receive nearly 15% less in 1996, in contrast to what they would have received (approximately
$291,800) pursuant to previous contract provisions (based upon anticipated 1995 lodging tax
collections). In addition, this new scope shifts the focus away from convention marketing and
promotion, to a community and event -based, general tourism model, with a continued element of
conference and convention servicing.
If lodging tax receipts continue to grow as anticipated, this change will likely result in a surplus of
lodging tax revenue to the City. While not the focus of this item, several options for this potential
surplus have been incorporated below.
EXECUTIVE SUMMARY:
The City entered into the current contract with the CVB in 1989. At the time the scope for this
contract was prepared, there was a belief that a focus on conference and convention marketing
would maximize the community's benefit from tourism.
1 474
December 19, 1995
Over time however, staff has become concerned that benefits from such an approach were more '
limited to the larger hotel properties with facilities to handle major events. While smaller lodging
properties and restaurants received some secondary benefits, concern heightened among staff team
members that this approach would continue to accrue increased revenues to a limited number of
beneficiaries.
Staff began meeting and negotiating with the CVB during the spring/summer of 1995. Initially, staff
considered several options which included eliminating the lodging tax and the CVB, bringing
tourism and conference services in-house, reducing the CVB's appropriation, capping future lodging
tax increases to the Bureau, and a status -quo alternative.
Having become convinced that the Bureau was in fact doing a good job under the current contract,
and that the community would benefit from a continued, but re focused tourism and visitor effort,
staff negotiated the attached scope of services with the CVB. The recommended contract includes
a reduction in the CVB's annual appropriation tied directly to the scope rather than the lodging tax
receipts, as well as the introduction of a CPI cap on future budget increases.
The City's Purchasing Agent has determined that circumstances justify the purchase of the services
to be provided under the subject contract without utilizing a competitive process. Because the
amount of the contract exceeds $50,000, Council approval is required under Code Section 8=
i60(D)(3). '
ote: Staff reviewed this information with Council Finance Committee at its meeting of
December 11, 1995, and received a unanimous recommendation.
BACKGROUND:
The City's relationship with the Convention & Visitors Bureau dates back to 1986, at which time
Council adopted Resolution 86-181 authorizing the City Manager to enter into an agreement for
the CVB to provide visitor and tourism promotion services. This contract has evolved over the past
nine years, as reflected in the current contract that was authorized in 1989. Early in 1995, staff was
asked to review the performance of the Bureau, and determine tf there was a more effective way to
package and provide tourism and visitor promotion services.
The City's review team (Marty Heffernan, CLRS, Jennie Baran, Lincoln Center, Jim O'Neill,
Purchasing & Risk Management, Sherrie Temple, Finance, and Frank Bruno, City Manager's
Office) worked through early disagreements with the Bureau regarding interpretations of economic
and community benefits, and the impacts in general of various forms of tourism. These sessions led
to agreement to explore a new approach; one that might better distribute benefits of tourism
throughout the community.
475
December 19, 1995
' The focus of this new model will be on supporting, promoting, and assisting with community events,
and local groups or organizations wishing to sponsor conferences or events in Fort Collins. This
might include working with Fort Fund events to assist them in identifying strategies to more
effectively market and promote their events, or perhaps working with entities such as Discovery
Center to explore methods to boost visits and support.
Contract Information:
Staff is recommending that the agreement be renewed annually in order to better address
refinements that might be required as this new focus is implemented. Staff and the CVB agree that
a quarterly review of performance and effectiveness will be important to insuring success.
Anticipated budget needs will be reviewed during the second or third quarter reviews.
Contract performance will be evaluated each year by the staff team using measures such as the
number and success of local events assisted, quality and number of tourism promotions developed,
ability and success in leveraging local resources for events, and success in providing service to
conferences and conventions (Additional measures of performance will be developed in concert with
the CVB).
Additional Income & Self -Sufficiency:
In addition to the $250,000 in lodging tax, the CVB will rely on approximately $12,000 in other
income from sources such as dues and product sales (T-shirts, mugs, etc). While the Bureau has
previously utilized memberships to build income, staff has expressed concern that a membership
approach can lead to situations in which member properties receive preference over non-member,
in -city properties. The membership strategy has therefore been discouraged, and alternative
methods supported for growth of the private side of the CVB financial resources.
At the time of its inception, there was an expectation that the CVB would one day become self-
sufficient, relying on income from sources such as product sales, and sale of services rather than
lodging tax. While this was, and continues to be an admirable goal, staff has not found examples
of visitor and tourism promotions that did not rely heavily on lodging tax. Staff will however,
continue to encourage the Bureau to generate new outside revenue sources consistent with the scope
as specified by the City. Progress in this regard will be examined annually and reported to Council
prior to exercising contract renewal.
Options for Future Lodging Tax Surplus:
The shift in focus will result in a reduction in the annual outlay of lodging tax revenues. For
example, if lodging tax collections for November and December are in line with 1994 collections,
the City will receive approximately $390,000 in 1995. Under the previous contract, the CVB would
' have received Nearly $292,000. Under the new contract, the CVB will receive $250,000 in the first
476
December 19, 1995
year of the contract (Fort Fund will still collect the 25%, or $97,000, as specified in the City Code). '
Though not the focus of this agenda item and resolution, there appears to be at least three options
for using the remaining funds this year, and in the fixture. In accordance with the current language
of the code, 75% of the tax must be used for tourism -related purposes. Establishment of a Tourism
Capital Improvement & Special Event Fund could accomplish the objective of the Code by creating
a fund that could assist with funding improvements and enhancements to performing arts, and other
visitor -based facilities. Such a fund could also be used to purchase a trolleylbus that could be used
by tourists and residents alike, or, to help fund special events in town.
A further option would be to change the City Code to make the additional funding available to Fort
Fund to enhance event funding.
A third alternative would be to modify the Code to enable the City to utilize lodging tax surpluses
for general government purposes. This option is not recotmnended by staff or the CVB because the
benefits of tourism and conference activity would tend to be diluted over time.
Again, while this is not the focus of this item, staff recommends that Council consider consulting
with the CVB board and Cultural Resources Board during the 1997 Budget development process
regarding these options. "
Economic Development Administrator Frank Bruno gave a brief presentation on this item and
explained the process involved. I
Michael Gallant, Director of CSU's Office of Conference Services and incoming President of the
Convention and Visitor's Bureau Board of Directors, expressed the Board's unanimous support for
the Resolution.
Bruno responded to Council questions and stated the team believed that business for the small
business owners would increase with the new scope, due to its focus on general community and
event promotion within the community. He commented on the need for quarterly reviews involving
industry personnel.
Mr. Gallant responded to Council questions regarding how events were previously recruited to the
City and how they would be treated in the future, stating the new scope calls for a reactive response
from the Convention and Visitor's Bureau.
Councilmember Kneeland made a motion, seconded by Councilmember Smith, to adopt Resolution
95-177.
Karen Weitkunat, representing the Budget Host Inn and the lodging industry, spoke in support of the
motion. She spoke of the turn over in the lodging industry and the industry's lack of involvement
477
December 19, 1995
' in the past. She reported that the industry would like to become involved again, and spoke of her
concern regarding undesignated and unappropriated funds.
Kelly Ohlson, 2040 Bennington Circle, spoke in opposition to the motion and of his concerns
regarding distribution of funds and using the money for promoting the community.
Bruno clarified that promotional materials were available for both public and private organizations
and that quantities are limited.
Councilmember McCluskey supported the motion and stated he believed it was a positive step
forward.
Councilmember Janett spoke in support of the motion and supported looking at transportation related
services.
The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Apt,
Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
' Resolution 95-178
Approving the Sale of Columbine CableVision
to Heritage Cablevision of Delaware Inc Adopted
The following is staf 's memorandum on this item.
"Executive Summary
Under the provisions of its Franchise Agreement with Columbine CableVision ("Columbine "), the
City is permitted to inquire into the legal, technical and financial qualifications of a prospective
buyer of Columbine's local cable TV system. However, under the Franchise Agreement the City may
not unreasonably withhold its consent to the sale. The City has 120 days from the date of the official
notification of a sale to review the qualifications of the buyer. On September 29, 1995, the City
received Columbine's official notification of its intent to sell its local cable TV system to Heritage
Cablevision of Delaware, Inc. ( "Heritage "). Heritage is an indirect, wholly -owned subsidiary of
TCI Communications, Inc. ("TCI" ). Upon completion of the review, the Council may condition its
approval of the sale upon such terms and conditions as it deems reasonably appropriate, provided
that they relate to the legal, technical and financial qualifications of the prospective buyer or to the
resolution of any existing and unresolved issues concerning noncompliance under the Franchise
Agreement by Columbine. Staff has reviewed Heritage's qualifications and concluded that Heritage
is capable of meeting Columbine's obligations under the Franchise Agreement and, therefore, no
478
December 19, 1995
special terms or conditions need be placed upon the proposed sale. Also, Columbine is currently I
in full compliance with the terms and conditions of the Franchise Agreement.
There may later be, however, an issue regarding the deadline for the upgrade of the cable TV
system. This issue was raised during a meeting on November 20 of City staff and representatives
of TCI. Under the Franchise Agreement, the cable operator is required to upgrade the cable system
within four years of November 5, 1993. However, the Agreement also permits the City Manager,
upon request of the cable operator, to grant an eighteen -month extension of the four-year period.
The extension may be granted upon a showing of good cause that certain market conditions exist
which would result in an unreasonable economic hardship for the operator if the upgrade is
required to be completed within the four-year period. At the November 20 meeting, TCTs
representatives said that they are considering asking the City Manager for the eighteen -month
extension. TO representatives said they are considering such a request because, with less than two
years remaining of the initial four-year period to complete the upgrade, there is not enough time to
upgrade the largely underground cable TV system without considerable inconvenience to Fort
Collins residents. In addition, TCI has not budgeted funds for the necessary pre -engineering and
other activities in 1996 which would precede the actual rebuilding of the system. Should the City
Manager deny TCFs request for an extension, the cable operator can ask Council to agree, by
ordinance, to an amendment of the upgrade deadline provisions of the Franchise Agreement.
Council will be under no legal obligation to agree to such a request unless TCI can prove that it
needs more time to do the upgrade for a reason beyond TCI's control and which could not have been
foreseen at the time the City and Columbine entered into the Franchise Agreement. " I
Cable Program Director Michael Gitter gave a brief presentation on this item and described
Council's options regarding the sale. He reported a review of Heritage Cable was conducted and
staff believes no special terms or conditions should be placed on proposed sale.
Brian Shirk, Vice President/State Manager TCI, introduced himself and spoke of the importance of
maintaining good community relations.
Bob Carnahan, General Manager for Columbine CableVision, thanked the citizens of Fort Collins
for their support over the past 17 years.
Gitter responded to Council comments and questions. He spoke of the process involved in reviewing
the cable company's performance and how it relates to the franchise renegotiation process.
Councilmember Smith made a motion, seconded by Councilmember Kneeland, to adopt Resolution
95-178.
Councilmember Janett stated that TCI would have a tough act to follow and spoke of the excellent
service that Columbine CableVision has provided to the citizens of Fort Collins. She urged TCI to
be sensitive when considering rate increases.
479 1
December 19, 1995
The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Apt, Azari,
Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
OTHER BUSINESS
Resolution 95-179
Authorizing the Purchase of Three Hundred and Fifteen
Acres of Land for Natural Area Pumoses. Adopted.
The following is staff's memorandum on this item.
"Financial Lmpact
This item would authorize the City Manager to enter into the necessary agreements to purchase 315
acres of land located adjacent to the City -owned Coyote Ridge Natural Area, west of Taft Hill Road
in the region between Fort Collins and Loveland. The acquisition cost, estimated at up to $693,000
would be paid from the Natural Areas Project in the Capital Projects Fund; the land acquisition
portion of this project has a current balance of $1.7 million. Larimer County has agreed to
' contribute one-half of the purchase price, or $346,500 during 1996, after the County receives
proceeds from the recently approved county -wide open space initiative.
Executive Summary
City staff is negotiating a purchase and sale agreement for the purchase of 315 acres of Lund for
public natural area purposes. Resolution 95-179 authorizes staff to continue those negotiations,
and if successful, purchase the land upon terms and conditions acceptable to the City Manager and
the City Attorney. The resolution also directs staff to develop an intergovernmental agreement
between Larimer County and the City of Fort Collins with respect to joint acquisition and
management of open space and natural area properties. The proposed acquisition site is within a
priority open space corridor identified in the adopted Plan for the Region Between Fort Collins and
Loveland and is adjacent to the existing City -owned Coyote Ridge Natural Area. The proposed
acquisition is on a 'fast -track " because the sellers' offer is contingent on completing the transaction
prior to January 1, 1996.
BACKGROUND:
Purchase Agreement. Staff is negotiating a purchase and sale agreement with Taft Hill Properties,
L.L.C., for the purchase of 315 acres of land. The total purchase price is estimated at up to
$693,000 or $2,200 per acre. Assuming resolution of outstanding issues, the agreement would be
' contingent on City Council approval, provision of satisfactory title insurance, and satisfactory
480
December 19, 1995
completion of physical and environmental inspection of the property. If approved by Council, '
closing would occur by January 1, 1996 in order to meet the tax -planning needs of the seller.
The purchase price of up to $2,200 per acre was negotiated with the seller based on comparable
sales of 35-acre tracts in the immediate vicinity. The agreed price is below the asking price of
$2,500 per acre, and below the comparable sales for other similar tracts in the vicinity.
Cooperation With Loveland and Larimer County. The property is part of the open space/natural
areas system envisioned by the jointly adopted Plan for the Region Between Fort Collins and
Loveland. The three entities are collaborating to implement the vision contained in this plan, and
are developing strategies and agreements for land acquisition and other implementation strategies.
City staff took the lead on this project because the other entities do not currently have staff or land
acquisition funds to accomplish the project within the time frame required by the seller. Due to the
passage of the recent county -wide open space tax, both Loveland and Larimer County will have
resources available beginning in 1996 to fully collaborate in the implementation of the plan.
Larimer County has made a commitment to pay one-half of the purchase price for this property
during 1996 and to work with Fort Collins on an intergovernmental agreement regarding joint
acquisition and management of natural area and open space lands (see the attached letter from the
County). The County's support for this acquisition is based on its identification as a portion of an
open space corridor in the Larimer County Parks Master Plan and the Plan for the Region Between
Fort Collins and Loveland.
The City of Loveland is supportive of the acquisition. However, Loveland is currently developing
its Open Lands Plan, and needs to go through its own priority -setting process. Because of this,
Loveland prej'ers to make its commitment based on a future "quid pro quo" rather than a
contribution on this parcel. Loveland staff is currently negotiating agreements on other significant
parcels within the corridor study area.
Location and Existing Land Use. The property is located in the region between Fort Collins and
Loveland, west of Taft Hill Road (see map). The land is currently vacant, zoned FA-1 in Larimer
County. This zoning allows residential development pursuant to Planned Unit Developments with
minimum lot sizes of 2.29 acres. Surrounding land uses include the City's Coyote Ridge Natural
Area to the west, Larimer County landfill property to the north, a combination of vacant and large
lot residential development to the east, and vacant 35-acre parcels to the south.
Natural Area and Open Space Values. The parcel is a key piece in efforts to create a continuous
open space corridor west of Taft Hill Road between Fort Collins and Loveland, as envisioned in the
adopted plan for the region.
The site would most likely be managed as an expansion of the Coyote Ridge Natural Area. Past use
of the property has been for wheat production. Two drainages cut across the site from west to east. ,
481
December 19, 1995
About 10 acres of wet meadow occur along the drainages. These wetlands contain sedges, foxtail
barley, and some cattail. A grassland area on the north end has been left uncropped for a longer
period. Although exotic grasses dominate this grassland area, native plants such as rabbitbrush,
showy milkweed, and other native wildflowers occur on the site.
The property currently provides an important open, feeding area for local wildlife species, including
coyotes, foxes, golden eagles, red-tailed hawks, and northern harriers who hunt the land for small
rodents and rabbits; meadowlarks, mourning doves, and a variety of songbirds that eat seeds and
insects found on the site; and mule deer that move from the foothills into the fields to graze.
This site, also offers the opportunity to restore native grassland plants and the associated ecological
community over time. It offers the potential to replace some of the grassland habitat for wintering
bald eagle and ferruginous hawk populations that has been lost through residential development of
large prairie dog colonies within the Fort Collins DGA.
Due to its location along Taft Hill Road, the site offers numerous opportunities for future, passive
recreational use such as wildlife viewing and hiking trails. The site could provide a key future trail
linkage from the north (the Lorimer Landfill --someday to be public use open space --and the Cathy
Fromme Prairie) to the southwest (the adjacent Coyote Ridge Natural Area). Due to the sensitivity
of the Coyote Ridge habitat and topographic relief of this site, the property is can provide alternative
' parking facilities for Coyote Ridge, where access is currently limited to a narrow road that if
widened to facilitate public use would likely impact a rare plant population.
Policy Basis. Acquisition of the site is consistent with the goals and objectives of the Natural Areas
Policy Plan, the Plan for the Region Between Fort Collins and Loveland, the Northern Colorado
Regional Planning Study, and the Larimer County Parks Master Plan.
Inspection. Physical and environmental inspections will be completed prior to closing on the
property. The purchase and sale agreement is contingent on obtaining satisfactory results from
these inspections.
Board and Commission Review. Because of the short time frame of this proposal, the Natural
Resources Advisory Board and Parks and Recreation Board have not reviewed the proposal. The
boards did endorse the Plan for the Region Between Fort Collins and Loveland. If approved by
Council, staff will poll members of both boards prior to signing the Purchase and Sale Agreement."
Natural Resources Director Tom Shoemaker gave brief staff presentation regarding this item and
noted the item needed to be presented to Council before the end of the year. He clarified Larimer
County has provided the City with a written commitment to pay 50% of the property's purchase price
after funds are received from its recently adopted 1/4 cent sales tax for the "Help Preserve Open
Space" ballot issue. He responded to Council questions and stated access roads currently exist on
' the property.
482
December 19, 1995
Councilmember Kneeland made a motion, seconded by Councilmember Smith, to adopt Resolution
95-179.
City Attorney Steve Roy clarified the City could effectively manage the property as a natural area
within the corridor if Latimer County chose not to participate.
The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Apt,
Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Councilmember Smith spoke of the first annual Lambola Bash, a non-alcoholic party for Poudre R- I
High School students, presented by the Fort Collins School Resource Officers, Poudre R-1, Fort
Collins Police Services, Latimer County Sheriff's Department, PULSE, the Fort Collins Area Swim
Team, and many local restaurant owners.
Councilmember Wanner requested a one page memo regarding how Council actions affect low
income housing costs and how Fort Collins compares to other communities with regard to low
income housing costs.
Councilmember Apt reported that after meeting with the Growth Management Committee, it was
decided that changes made to the phasing criteria, regarding base points, do not address fringe I
development and the issue may need to be reconsidered.
The meeting adjourned at 10:55 p.m.
ATTEST:
ADJOURNMENT
EM