HomeMy WebLinkAboutMINUTES-01/02/1996-RegularJanuary 2,1996
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, January 2,
1996, 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, Janett, Kneeland, McCluskey, Smith and
Wanner. Councilmember Absent: Azari.
Staff Members Present: Fischbach, Roy, Krajicek.
Citizen Participation
John Meleski, 2619 Featherstar Way, spoke of his opposition to the recently adopted Model
Energy Code and stated his intent to appear at the next 3-4 Council meetings to give facts and
information on the ordinance.
***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 #15, Public Pulled Consent Items.
Second 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.
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 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. Ordinance No. 157, 1995
was unanimously adopted on First Reading on December 19, 1995.
January 2, 1996
Second Reading rd' a ce No, 166.Authorizing the City to Granta Non -Exclusive
Easement for Electrical Service for a Well to Poudre Valley Rural Electric Association Inc..
(REA)
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. The total area of this easement is .658 acres. Ordinance No. 166, 1995, which was
unanimously adopted on First Reading on December 19, 1995, authorizes a non-exclusive
easement for electrical services to Poudre Valley REA.
9. Second 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 corner 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.
Ordinance No. 167, 1995, which was unanimously adopted on First Reading on December
19, 1995, 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.
10. Items Relating to the North College Avenue Corridor Rezoning
A. Second 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. Second Reading of Ordinance No. 169, 1995, Amending Chapter 29, Article III, Division
4, Subdivision G Regarding Design Review of Permitted Uses.
C. Second Reading of Ordinance No. 170, 1995 Amending the Zoning District Map of the
City.
D. Second Reading of Ordinance No. 171, 1995 Adopting Standards and Guidelines for the
North College Avenue Corridor. '
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January 2, 1996
Ordinances 168, 169, 170 and 171, 1995 were unanimously adopted on First Reading on
December 19, 1995. The approved 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.
11. Resolution
96-1 Authorizing
the Mayor to Enter into
an
Intergovernmental
Agreement with
Larimer County
for the Provision
of Social Services
and
Authorizing the
Allocation
of Funds
for These
Services in 1996,
This Resolution authorizes the Mayor to enter into an Intergovernmental Agreement with
Larimer County for the purpose of providing social and human services to the City of Fort
Collins in 1996. The Resolution also allocates funds from the 1996 budget for these purposes.
Since 1981, the City has contracted with the Larimer County to allocate and administer the
distribution of human services funds via the Human Resource Grant Program administered
by the County Department of Human Development.
This contract with the Larimer County Department of Human Development is consistent with
the Human Services Policy, adopted in August of 1992. This intergovernmental agreement
provides for services for low-income, disabled, elderly, youths and others in need throughout
the City and in Larimer County.
12. Resolution 96-2 Authorizing the Mayor to Execute a Grant Agreement with the State of
Colorado Aeronautics Division for the Purchase of a Crack -Filling Melter-Applicator and
Contract Services for the Application of Asphalt Sealing at the Fort Collins/Loveland
Municipal Aimort.
The Cities of Fort Collins and Loveland have received a grant offer from the State of Colorado
Aeronautics Division in the amount of $50,000 for the purchase of a crack filling melter-
applicator and contract services for the application of asphalt sealing. These funds will be
used to pay 50% of the cost of the purchase of the crack filling melter-applicator, and for the
application of asphalt sealing. The remaining 50%, or sponsor's share, will be provided
through Airport funds previously budgeted to match grant offer.
This is a maintenance project. The crack filling melter-applicator would be used for applying
melted rubber crack filling material to the runways, taxiways, aircraft parking areas and
vehicle parking lots.
January 2, 1996
13. Resolution 96 3 Making Appointments to the Community Development Block Grant '
Commission and the Golf Board
Two vacancies currently exist on the Community Development Block Grant Commission due
to the resignations of Richard Ramirez and Jim Elias. Councilmembers McCluskey and
Wanner reviewed the applications on file and are recommending that David Gordon be
appointed to fill the vacant term which expires June 30, 1996 and Violet Guthrie be appointed
to fill the vacancy which expires June 30, 1998.
A vacancy also exists on the Golf Board due to the resignation of Armon Johannsen.
Councilmembers McCluskey and Wanner interviewed new applicants received as a result of
readvertising and are recommending Byrd Curtis be appointed to fill the vacant term which
expires June 30, 1997.
14. Routine Deeds and Easements.
A. Power line Easement from Mary Jean Dickey, 726 West Mountain Avenue, needed to
underground existing overhead electric services. Monetary consideration: $10.
B. Power line Easement from Claudia and Donald Spencer, 408 Hawkins, needed to
underground existing overhead electric services. Monetary consideration: $10. I
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
Second 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,
8. Second 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.
(REA)
9. Second Reading of Ordinance No 167 1995 Vacating.a Portion of Street Right -of -Way for
Troutman Parkwaand Retaining the Same for Utility Easement PuWOSes.
10. Items Relating to the North College Avenue Corridor Rezoning
A. Second 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).
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January 2, 1996
' B. Second Reading of Ordinance No. 169, 1995, Amending Chapter 29, Article III, Division
4, Subdivision G Regarding Design Review of Permitted Uses.
C. Second Reading of Ordinance No. 170, 1995 Amending the Zoning District Map of the
City.
D. Second Reading of Ordinance No. 171, 1995 Adopting Standards and Guidelines for the
North College Avenue Corridor.
18. Second Reading of Ordinance No 160 1995 Appropriating $1 700 000 from the Use Tax
Carryover Reserve to Be Used to Construct and Open a Community Library.
19. Second
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,
Councilmember Kneeland made a motion, seconded by Councilmember Smith, to adopt and approve
all items on the Consent Calendar. The vote was as follows: Yeas: Councilmembers Apt, Janett,
Kneeland, McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Councilmember Reports
Councilmember Apt reported on the Growth Management Committee meeting. He stated the
Committee discussed new street design standards and potential interim design guidelines.
Mayor Pro Tern Janett spoke of events honoring Martin Luther King's birthday on January 15. She
spoke of an African -American art exhibit at the City Museum beginning January 9.
Ordinance No.160,1995,
Appropriating $1,700,000 from the
Use Tax Carryover Reserve to be
used to Construct and Open a
Community Library. Adopted on Second Reading.
The following is staff's memorandum on this item.
"Executive Summary
On December 5, 1995, Resolution 95-172 was unanimously adopted and approved Council's
' commitment to cooperate with Front Range Community College (FRCC) to build and operate a
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January 2, 1996
community library on the College's Larimer Campus (the community library). Ordinance No. 160, '
1995, which was also unanimously adopted on First Reading on December 5, 1995, appropriates
$1,700,000 from the Sales and Use Tax Carryover Reserve for the City's contribution to construct.
and open the community library.
BACKGROUND:
At the December 5 meeting, several questions were asked by the Council that needed response from
Library staff and from the Budget Office. The questions asked were as follows:
1. How will the use of this money from the reserves affect our ability to fund other projects,
particularly those that might have Federal cutbacks in 1996?
2. Will we have enough money available to fund the ongoing operation and maintenance of this
new facility?
3. What are our assurances that electric utilities lighting efficiency program and water
conserving landscaping will be done at this facility?
4. Can we have data presented that shows the most popular times at our existing library to help
us establish the hours of the new library and ultimately the budget for this facility?
Sales and Use Tax Reserves '
During the First Reading of the Library Intergovernmental Agreement with Front Range Community
College and the related appropriation ordinance of $1.7 million for library construction, City
Council requested an update of available funds. Specifically, Council requested an update on the
Use Tax Carryover Reserve balance along with a listing of outstanding service needs. Also
requested was information on whether there would be sufficient ongoing dollars available in 1997
and the out years to cover the operation and maintenance costs of the branch library.
Use tax growth through November 1995 is 18% over the same 1994 period. Staff is projecting
December collections to be 17% over December 1994. If the projection is met, total use tax
collections for 1995 would total $6,415,671. There exist almost $4 million in commitmentsfor 1995
on use tax collections. Following is a breakdown of those commitments, available reserves, and the
estimated reserve balance after the proposed funding for branch library construction.
Estimated 1995 Collections
$6,415,671
1995 Budget Use
(3,661,000)
Dial -A -Ride Shortfall
(290,000)
Available
$2,464,671
Proposed Library
(1,700,000)
Estimated Reserve Balance
$ 764,671
'
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January 2, 1996
The 1996 Budget commits $400, 000 from the Reserve for Financial Uncertaintyfor possible Federal
budget reductions for Transit operations. To comply with the Financial and Management Policies
and to maintain and protect ourfinancial position and integrity, the $400,000 must be paid back to.
the Reserve. In addition, the service areas have identified a number of services where additional
dollars are needed to fund existing needs (See Attachment A).
Library Operation and Maintenance
The additional new money needed for operations and maintenance of the branch library ranges from
a low of $135,793 to a high of $473,995. The funding would come from the estimated available
1997 ongoing discretionaryfunds. For example, in developing the 1996 budget, over $2 million in
ongoing discretionaryfunds were available. These dollars were allocated to Council Policy Agenda
items and a number of key Council/staff service enhancements. Assuming 1997 is comparable to
1996, library operations and maintenance dollars would come from these discretionary funds. Of
course, with Council's proposed commitment to construction and operation of a branch library, the
necessary dollars would be made a priority.
Usage/Hours of Operations
At the same meeting, Council Member Smith requested data on our current Library's usage patterns.
The popularity of different times patrons use our library would help establish the schedule for the
new branch library. The hours the library is open is the most significant variable in operation and
maintenance costs.
Currently, the main library collects usage data by month. Over the next few months, staff will set
up a collection system that allows us to measure usage by day of the week and time of day.
In addition to this information, Front Range Community College will also collect data on its
incidents of use. Staff has begun to collect usage data for the mini library to assess any differences
in these population centers.
As part of the 1997 budget process, staff will prepare a report on the findings of this study and
present it as part of the data for Council's consideration when reviewing the operation and
maintenance budget for the 1997 year.
Energy Efficiency
Finally, as to the assurances that the electric utility's lighting efficiency program and water
conserving landscaping will be done, the City Manager has written a letter to Dr. Gonzales offering
the City's programs. "
Director of Cultural Library and Recreational Service Mike Powers gave a brief presentation and
' stated if this ordinance is approved, the City will join with Front Range Community College to build
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January 2, 1996
a new library. He spoke of questions asked at the December 5 meeting and stated the State Board '
of Community Colleges had approved the project.
Dr. Eric Reno, Front Range Community College, stated the project was overwhelmingly and
unanimously approved at the State Board meeting on December 14. He thanked the members of the
legislative delegation representing Larimer County for their support in providing the funds for the
project.
State Representative Peggy Reeves thanked the Council and staff for being willing to partner with
the State to build a facility that will benefit the whole community.
Councilmember Kneeland made a motion, seconded by Councilmember Smith to adopt Ordinance
No. 160, 1995, on Second Reading.
Al Stone, 2406 Newport Court, Library Board Chairperson, thanked all involved for having the
courage and taking the risk to go ahead with the project.
Councilmember Kneeland stated this is the first growth the library has experienced in almost 20
years. She stated this is a wonderful opportunity for the library and thanked Representative Reeves
for spearheading the funding of the project.
The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Apt, I
Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Ordinance No. 165,1995,
Amending the Code
Regarding the Establishment
of Rates for the Collection of Solid
Waste for Single -Family and Two -Family
Residential Customers Adopted on Second Reading.
The following is staff's memorandum on this item.
"Executive Summary
This ordinance, which was adopted as amended by a vote of 6-1 on First Reading on December 19,
1995, clarifies that haulers are allowed to charge a flat monthly fee to cover their fixed costs;
however, 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
January 2, 1996
allowing a flat fee, plus volume charges is a standard feature of most communities that require
volume -based rates."
Natural Resources Director Tom Shoemaker gave the staff presentation, covered the issues requiring
clarification since First Reading and summarized the staff recommendation. He presented examples
showing several different assumptions regarding the overall proportion of the overall charge
attributable to the fixed fee portion. He spoke of the changes happening with solid waste in Fort
Collins and the rates the haulers are charging. He stated staff believed the rates are consistent with
the desired policy direction established by Council. The rates provide incentives for waste reduction
and recycling which is one of Council's main policy goals.
Councilmember Smith asked when a composting facility might be in place to address the disposal
of yard waste. He asked about items that do not easily fit into a bag or container.
Shoemaker replied that the consultant, R. W. Beck is assisting the City in preparing
recommendations for composting options or a composting facility. Preliminary recommendations
should be received this month and staff will review those recommendations with the Natural
Resources Advisory Board and Council. The recommendations are expected to include an interim
approach for a composting transfer facility that could be operating within the next quarter. He stated
the Code contains a requirement that the haulers have a system for identifying and charging for
materials too large for bags or containers.
Councilmember McCluskey asked if the cost of bags contributes to the rate increases. He asked if
residents could use cans if they did not want to use bags. He asked about delaying the effective date
so more public education could be undertaken and more neighborhood consolidation could be
attempted.
Shoemaker stated the Code gives haulers discretion as to what kind of system they implement. The
language speaks to containers so a tag system could be used or containers, bags, or cans could be
used. He noted staff had discussed delaying implementation of the ordinance but believed that since
the ordinance had been adopted in May with a January 1, 1996, effective date, it made sense to begin
implementation now. The haulers contacted recommend implementing the provisions now
recognizing true implementation will occur over the first quarter. He spoke of the public education
and outreach efforts and stated staff plans to be assertive about the education efforts. He stated
several haulers are planning to offer different rates to neighborhoods that consolidate which will be
an incentive towards voluntary consolidation.
Councilmember Wanner commented that there is no comparable decrease in cost to those who throw
less trash away. He asked about statistics available regarding total amount of solid waste collected
by haulers in the years before and after these programs are implemented. He expressed concern that
the haulers will haul as much trash in 1996 as they did in 1995 and will collect more money for it.
' The benefit will accrue to the haulers, not those who recycle.
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January 2, 1996
Shoemaker spoke of the feasibility study underway to look at the possibility of districting the City. ,
Preliminary recommendations are expected this month. He stated staff expects and experience
around the country shows that these types of rate structures produce reduction in the amount of waste.
collected.
Councilmember Smith asked if efforts were underway to expand residents' ability to recycle
additional items and divert those items from the waste stream.
Shoemaker responded that as markets are developed and the markets for these materials are
increased, the ability or requirement for curbside collection will be increased.
Mayor Pro Tern Janett asked about the City's plans for providing written marketing materials to the
haulers. She asked if the materials would be included in the bills.
Shoemaker replied that the City would be providing materials to the haulers to be used as bill inserts.
Staff is looking at ads in the Coloradoan and other media outlets. The Code requires haulers to
provide information on recycling and waste reduction to each new customer and at least once a year
to all existing customers.
Councilmember Smith made a motion, seconded by Councilmember Wanner, to adopt Ordinance
No. 165, 1995, on Second Reading. '
Councilmember Smith asked for a clarification on the ordinance language relating to the charge
being proportional to each gallon of container size. He stated the discussion has been about
containers rather than the capacity of the containers.
City Attorney Roy responded that the charge would be directly proportional to the container size.
It would not vary according to the amount of solid waste within the container but to the size of the
container itself.
Mark Gallegos, Gallegos Sanitation, explained the rate structure to be used by his company and
asked for a three-month "phase in" period to accommodate staggered billing.
John Nortier, 2200 Scarborough Ct., spoke of his family's recycling efforts and stated his calculations
estimate an 80% rate increase over his current billing.
Councilmember Kneeland asked about the impact of changing the effective date of the ordinance to
March 1, 1996.
Shoemaker stated that if Council adopts the ordinance, the haulers will be implementing the
ordinance as quickly as possible. It will probably be as bills are sent out during the first quarter so
the actual effect will be phased implementation. '
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January 2, 1996
Councilmember Kneeland made a motion, seconded by Councilmember McCluskey to amend the
ordinance to change the effective date to March 1, 1996.
Councilmember McCluskey stated that if the amendment is adopted, haulers would not be precluded
from implementing the ordinance earlier, but would need to be in compliance by March 1.
Mark Gallegos, Gallegos Sanitation, suggested April 1, 1996, might be a better effective date for the
ordinance.
Bruce Philbrick, Manager of BFI Waste Collection's recycling program, opposed any delay in
implementation of the ordinance.
Councilmember Smith stated he would not support the amendment because the changes need to be
implemented.
Councilmember Kneeland stated she would not be supporting the amendment based on, the
comments heard that indicate there is enough flexibility built in to the.existing language..:
The vote on Councilmember Kneeland's motion to change the effective date to March 1, 1996, was
as follows: Yeas: None. Nays: Councilmembers Apt, Janett, Kneeland, McCluskey, Smith and _
' Wanner.
THE MOTION FAILED.
City Attorney Roy asked for a brief recess to address Councilmember Smith's concerns about
container volume and to improve the language in that paragraph.
After a five-minute recess, City Attorney Roy recommended that the ordinance be adopted as
written.
The vote on Councilmember Smith's motion to adopt Ordinance No. 165, 1995, on Second Reading
was as follows: Yeas: Councilmembers Apt, Janett, Kneeland, McCluskey, Smith and Wanner.
Nays: None.
THE MOTION CARRIED.
Other Business
Councilmember Apt asked for a two -page memo on the possibility of the City hiring a lobbyist to
help avert unfavorable legislation and to advance ideas the City supports.
January 2, 1996
Councilmember Kneeland suggested staff seek CML advice on the feasibility of a lobbyist and about ,
the lobbyist services CML provides.
Mayor Pro Tem Janett asked for information on whether other cities have lobbyists.
Adjournment
The meeting adjourned at 8:15 p.m.
Mayor
ATTEST:
City Clerk
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