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HomeMy WebLinkAboutMINUTES-07/21/2009-RegularJuly 21, 2009 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, July 21, 2009, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy, and Troxell. Staff Members Present: Atteberry, Krajicek, Roy. Citizen Participation Cheryl Distaso, 135 South Sunset, thanked the City for conducting sound demonstrations on July 9 and 10 for the proposed sound standards for the Downtown Entertainment District. The demonstrations showed there is more information to be gathered before any changes should be made to the sound standards. The Bohemian Foundation Oxbow Performance Venue will greatly impact the Buckingham neighborhood. She requested a noise demonstration to illustrate the sound volume that will be allowed up to 1 1/2 hours after a performance at the venue. Joe Solomon, 1721 Lindenwood Drive, expressed concern about financing infrastructure projects in the Mountain Vista Subarea. Before Council considers adoption of the Plan, a method of financing the grade -separated crossings that will be necessary so traffic will not become untenable as the area develops should be included. Stacy Lynne, 216 Park Street, expressed her dislike of the CFL lights recently installed in the Council Chambers. Matt Majoros, 1405 Linden Lake Road, stated his concerns with the the proposed realignment of Vine Street, which could become a truck bypass route. He asked that the proposed Mountain Vista Subarea Plan include a section that states Vine is not designed to be a truck bypass route. Mike McGarry, 7220 Randolph Court, thanked Council and City staff for the rapid response in correcting the spelling of a street name in Registry Ridge. Andrew Scott, 514 North Shields, stated Councilmember Roy does not live in District 6 and should not be allowed to vote on City issues. Ray Martinez, 4121 Stoneridge Court, asked for a full disclosure of all City fees, including any new fees that might be proposed and any increases in utility rates. 249 July 21, 2009 Bruce Lockhart, 2500 East Harmony, expressed his concerns about recycling and stated the City should not offer curbside recycling because it requires more energy for trash trucks to haul recyclables away than is saved through recycling. Citizen Participation Follow-up Councilmember Kottwitz asked if the online disclosure of City expenditures would provide full disclosure of all City fees. City Manager Atteberry stated the project to provide transparency about City expenditures to the public, will be completed before September 1. The City is transparent about any proposed fee increases as part of the budget process. Council adopts utility fees. If other fees are changed administratively, Council is informed through the Budget process. An upcoming work session is planned to discuss utility issues, including cost of service and rates. He does expect electric, water and wastewater fees to increase. Mayor Hutchinson noted utility fees are not automatically increased and Council has to approve all utility rate increases. Councilmember Ohlson stated the new lighting in Council Chambers was installed to provide more energy savings but needs to be adjusted to lessen the harshness of the glare. Councilmember Troxell thanked Mr. McGarry for providing the information needed to correct the spelling of "Truxton" Street in the Registry Ridge neighborhood. Councilmember Roy stated he lives within District 6 in the City of Fort Collins and is fully qualified to be a Councilmember. Agenda Review City Manager Atteberry stated Item #15 Resolution 2009-069 Renaming Certain Streets in the Registry Ridge First and Third Filings and Richards Lake First Filing has been revised. He pulled Item #17 Resolution 2009-071 Authorizing the Issuance of a Revocable Permit to the Board of Governors ofthe Colorado State University System for Installation of Electric Service Lines on City - owned Property from the Consent Agenda because Councilmember Troxell has filed a conflict of interest with the item. He requested that Council vote to postpone consideration of Item 925 Second Reading of Ordinance No. 062, 2009, Amending Chapter 26, Article VI of the City Code Relating to Net Metered Electric Service until new interconnection standards can be brought forward. Ray Martinez, 4121 Stoneridge Court, pulled item # 10 Second Reading of Ordinance No. 077, 2009 Amending Chapter 26, Article VI, Division 4 of the City Code Relating to Excess Circuit Charge. 250 July 21, 2009 CONSENT CALENDAR Second Reading; of Ordinance No. 072, 2009, Appropriating Unanticipated Grant Revenue in the General Fund for the Restorative Justice Program and Authorizing the Transfer of Matching Funds Previously Appropriated in the Police Services Operating Budget. This Ordinance, unanimously adopted on First Reading on July 7, 2009, authorizes the appropriation of a grant in the amount of $21,574 and additional funds of $5,000 that have been received from the Colorado Division of Criminal Justice for salaries associated with the continued operation of Restorative Justice Services and authorizes the appropriation of matching funds in the amount of $8,858 from the Police Services budget. Second Reading of Ordinance No. 073, 2009 Appropriating Unanticipated Grant Revenue in the Light and Power Fund for the Energy Star New Homes Program and for the Residential Solar Grant Program and Authorizing the Transfer of Matching Funds Previously Appropriated in the Light and Power Operating Budget. This Ordinance, unanimously adopted on First Reading on July 7, 2009, appropriates grant funds totaling $72,500 received from the State of Colorado's Governor's Energy Office to fund additional solar rebates for eligible residential solar installations within the service area. 8. Items Relating to the Completion of the 2009 Spring Cycle of the Competitive Process for Allocating City Financial Resources to Affordable Housing and Community Development Activities Utilizing the Federal Community Development Block Grant (CDBG) Program, and Home Investment Partnership (HOME) Program, and the City's Human Services Program and Affordable Housing Fund. A. Second Reading of Ordinance No. 074, 2009, Appropriating Unanticipated Revenue in the Community Development Block Grant Fund. B. Second Reading of Ordinance No. 075, 2009, Appropriating Unanticipated Revenue in the HOME Investment Partnership Fund. These Ordinances, unanimously adopted on First Reading on July 7, 2009, complete the 2009 spring cycle of the competitive process for allocating City financial resources to affordable housing programs/projects and community development activities. Second Reading of Ordinance No. 076, 2009, Dissolving the Telecommunications Board and Amending City Code by Repealing Sections Relating to the Telecommunications Board. This Ordinance, unanimously adopted on First Reading on July 7, 2009, dissolves the Telecommunications Board. Because of the current state of the telecommunications and cable TV regulatory environment and the City's limited role in either providing or regulating any form of data and telecommunications services, the charter and mission of the 251 July 21, 2009 Telecommunications Board is no longer aligned with City needs and priorities. In light of that assessment, the Telecommunications Board can be dissolved without adversely affecting the City. 10. Second Reading of Ordinance No. 077, 2009 Amending Chapter 26 Article VI Division 4 of the City Code Relating to Excess Circuit Charge. This Ordinance, unanimously adopted on First Reading on July 7, 2009, allows the Utilities to respond promptly to a customer's request for excess capacity service based on the proposed Code provision. The charges for the service will be stated in the Code and revised when electric cost of service studies are updated. 11. Second Reading of Ordinance No. 078, 2009 Amending the City Code and the Traffic Code Re ag rding Obstructions of Parking Spaces for Persons with Disabilities. This Ordinance, unanimously adopted on First Reading on July 7, 2009, relocates Traffic Code Section 1208(10) regarding parking privileges for persons with disabilities to City Code, Section 20, for more logical placement within the Code and to increase effectiveness of enforcement. This Section prohibits any person from placing or allowing to remain, any snow, ice, litter or other materials onto any parking space which is identified for use by persons with disabilities, or on any area immediately adjacent thereto. 12. Second Reading of Ordinance No. 079, 2009, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project (Phase Two). The Mason Express ("MAX"), bus rapid transit project is entering into the right-of-way acquisition phase of the project. Project acquisitions have been broken into three phases. This Ordinance, unanimously adopted on First Reading on July 7, 2009, pertains to the second phase (Phase II) and consists of eighteen distinct property ownerships. As a critical, federally funded transportation project, staff requests authorization to utilize eminent domain, if necessary, and only if good faith negotiations break down, in order to ensure a timely acquisition of the necessary property interests. 13. Second Reading of Ordinance No. 080, 2009, Repealing Ordinance No. 038, 20097 Expanding the Boundaries of the Fort Collins, Colorado Downtown Development Authority; and Amending the Plan of Development of the Authority. Ordinance No. 080, 2009, unanimously adopted on First Reading on July 7, 2009, changes the boundaries of the Downtown Development Authority (DDA) District and amends the Plan of Development of the Authority to include properties located in the Lemay/Lincoln Avenue area and South Howes Street area. 252 July 21, 2009 14. Resolution 2009-068 Adopting the Recommendations of the Cultural Resources Board Regarding Fort Fund Disbursements. The Cultural Development and Programming and Tourism Programming accounts (Fort Fund) provide grants to fund community events. This resolution will adopt the recommendations from the Cultural Resources Board to disburse these funds. 15. Resolution 2009-069 Renaming Certain Streets in the Registry Ridge First and Third Filings and Richards Lake First Filing. Registry Ridge First and Third Filings and Richards Lake First Filing are three recorded subdivisions that contain errors in the spelling of three street names. Since these names are misspelled on the recorded plats, they must be changed by Resolution. These three streets, with their correct spellings, are Truxton, Seawolf and Beam Reach. This Resolution will allow the Streets Department to change the street signs. 16. Resolution 2009-070 Authorizing a Twelve -Month Extension of the Revocable Permit Issued to Platte River Power Authority_for Installation of Two Meteorological Towers on Meadow Springs Ranch Property. On February 19, 2008, Council adopted Resolution 2008-022, authorizing the City Manager to issue a temporary revocable permit to Platte River Power Authority for the purpose of installing meteorological (MET) towers at Meadow Springs Ranch. Due to an unanticipated interruption in data collection, Platte River is requesting a 12-month extension to improve its data set. The proposed Resolution will authorize the City Manager to issue a 12-month extension to the revocable permit for the purpose of extending the data collection period. The extension for the temporary towers will allow Platte River to collect detailed wind speed and other data to investigate the site for potential wind generation. 17. Resolution 2009-071 Authorizing the Issuance of a Revocable Permit to the Board of Governors of the Colorado State University System for Installation of Electric Service Lines on City -owned Property. Colorado State University (CSU) is in the process of constructing a new parking garage on the north side of Prospect Road between Centre Avenue and Bay Street. CSU plans to install a solar array on the roof of the new parking garage and would like to connect the garage and array to CSU's electrical system on campus. 18. Resolution 2009-072 Authorizing the Lease of City -Owned Property Located at 212 West Mountain Avenue For Up to Two Years as Part of the Rocky Mountain Innovation Initiative Program. Since the summer of 2004, the City has leased space to RMI2 and its participating companies. Currently, RM12 leases space in Suites A and C at 200 West Mountain Avenue 253 July 21, 2009 and 321 Maple Street. This Resolution is a request for authorization to lease the facility at 212 West Mountain Avenue to RMI2. 19. Resolution 2009-073 Amending Resolution 2002-062 Relatine to the Recruitment and Appointment Process for Boards and Commissions. This Resolution will change the current policy relating to the application and interview process for incumbents on boards and commissions. 20. Resolution 2009-074 Making Appointments to Various Boards and Commissions. A vacancy currently exists on the Community Development Block Grant Commission due to the resignation of Phil Majerus. Councilmember Lisa Poppaw and Mayor Doug Hutchinson conducted interviews and are recommending Vickie Traxler to fill the vacancy with a term to begin immediately and set to expire on December 31, 2010. A vacancy currently exists on the Land Conservation and Stewardship Board due to the resignation of Ray Boyd. Councilmember Aislinn Kottwitz and Mayor Pro Tern Kelly Ohlson conducted interviews. The Council interview team is recommending Paul Mills to fill the vacancy with a term to begin immediately and set to expire on December 31, 2012. A vacancy currently exists on the Youth Advisory Board due to the resignation of Vivian Acott. Councilmember Aislinn Kottwitz and Mayor Pro Tern Kelly Ohlson conducted interviews and are recommending Brigette Bleicher to fill the vacancy with a term to begin immediately and set to expire on December 31, 2011. A vacancy currently exists on the Zoning Board of Appeals due to the resignation of David Shands. Mayor Pro Tern Kelly Ohlson and Councilmember Aislinn Kottwitz conducted interviews. The Council interview team is recommending Peter Bohling to fill the vacancy with a term to begin immediately and set to expire on December 31, 2012. ***END CONSENT' Ordinances on Second Reading were read by title by City Clerk Krajicek. 6. Second Reading of Ordinance No. 072, 2009, Appropriating Unanticipated Grant Revenue in the General Fund for the Restorative Justice Program and Authorizing the Transfer of Matching Funds Previously Appropriated in the Police Services Operating Budget. 7. Second Reading of Ordinance No. 073, 2009 Appropriating Unanticipated Grant Revenue in the Light and Power Fund for the Energy Star New Homes Program and for the Residential Solar Grant Program and Authorizing the Transfer of Matching Funds Previously Appropriated in the Light and Power Operating Budget. 0411 July 21, 2009 8. Items Relating to the Completion of the 2009 Spring Cycle of the Competitive Process for Allocating City Financial Resources to Affordable Housing and Community Development Activities Utilizing the Federal Community Development Block Grant (CDBG) Program, and Home Investment Partnership (HOME) Program, and the City's Human Services Program and Affordable Housing Fund. A. Second Reading of Ordinance No. 074, 2009, Appropriating Unanticipated Revenue in the Community Development Block Grant Fund. B. Second Reading of Ordinance No. 075, 2009, Appropriating Unanticipated Revenue in the HOME Investment Partnership Fund. 9. Second Reading of Ordinance No. 076, 2009, Dissolving the Telecommunications Board and Amending City Code by Repealing Sections Relating to the Telecommunications Board. 10. Second Reading of Ordinance No. 077, 2009 Amending Chapter 26, Article VI, Division 4 of the City Code Relating to Excess Circuit Charge. 11. Second Reading of Ordinance No. 078, 2009 Amending the City Code and the Traffic Code Regarding Obstructions of Parking Spaces for Persons with Disabilities. 12. Second Reading of Ordinance No. 079, 2009, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project (Phase Two). 13. Second Reading of Ordinance No. 080, 2009, Repealing Ordinance No. 038, 2009; Expanding the Boundaries of the Fort Collins, Colorado Downtown Development Authority; and Amending the Plan of Development of the Authority. 25. Second Reading of Ordinance No. 062, 2009, Amending Chapter 26, Article VI of the City Code Relating to Net Metered Electric Service. Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt and approve all items not withdrawn from the Consent Calendar and to adopt Item #15 as revised. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. Councilmember Reports Mayor Hutchinson reported he attended the Colorado Municipal League Executive Board retreat. 255 July 21, 2009 Resolution 2009-075 Adopting Pilot Trash and Recycling Services District Boundaries and Directing the City Manager to Request Proposals for Trash and Recycling Collection Services Within Said District, Adopted The following is staff s memorandum for this item. "FINANCIAL IMPACT If the Resolution is adopted, the City will have one-time startup costs (approximately $25, 000) for implementing the billing system through the Utility Billing system. These costs will be incurred in 2009, prior to the start-up of the district billing and are expected to be paid with 2009 General Fund monies. On an ongoing basis throughout the length of the 5-year contract, the program would be self- sustaining through user fees, including the monthly hauler charge and administrative charges. Administrative costs are projected to average as follows: On -going City costs: $1.00 per month/per account for billing $ .25 per month/per account for contract administration Based on a population of 6, 500 residential accounts in the pilot area, total annual costs of $97, 500 include: $78, 000 per year billing $19, 500 per year contract administration EXECUTIVE SUMMARY This Resolution directs staff to implement a proposed Trash Services Pilot District and outlines a number of key components of the District. If the resolution is adopted by Council, staff ivill take the following steps to implement the Trash Services Pilot District: • Issue the State required 6-month notice to haulers of the City's intent to provide service in the designated area; • Issue a Request for Proposals for haulers to submit proposals to provide the service in the district; • Interview qualified proposers, select a provider, and negotiate a contract; • Seek Council approval of the Trash Services Fee for customers within the District (includes hauling charges and administrative costs); • Notify residents of the change; and • Implement service in Pilot Trash District in the 1st Quarter, 2010 Staff proposes that the District include the area bounded by College Avenue on the east, Prospect Road on the south, City limits on'the west, and the Poudre River on the North. This area is specifically described in Resolution 2009-075. W61 July 21, 2009 BACKGROUND The proposed pilot program is an outgrowth of comprehensive analyses and discussion by the City Council about how to bring greater levels of waste reduction and greater efficiency to the community's trash collection system. A pilot trash and recycling services district is targeted at addressing the original problem statement in the 2008 Trash Services Study: "In what ways can the City reduce the impacts of trash collection services in Fort Collins, addressing issues of the cost of street wear, air quality, neighborhood aesthetics, noise, and other neighborhood impacts? Are there ways that the City might also improve diversion rates for recyclables? " Issues related to trash collection, recycling and the impact of a large number of trash vehicles on neighborhood streets have been reviewed by the City Council a number of times over the past 20 years. In 1995, concerns about adverse impacts of trash trucks in neighborhoods led to a Council resolution and goals to reduce the number of trucks and strive for greater consolidation of residential trash services. The City conducted a study regarding trash districting in 1998, and in 1999, City Council established a goal to divert 50% of the community's waste stream from landfill disposal by 2010. Staff has recently analyzed 2008 data regarding recycling rates and landfill statistics. Staff calculates the community's overall recycling rate at 33%. This increase over the past few years is attributed to several factors, including the addition of single stream recycling, additional materials included in the community's recycling programs (cardboard, paperboard and plastics 1-7) and reduced landfill rates because of the slowing economy (a 20 % drop in volumes at landfills in recent months.) The curbside recycling rate has grown from 13% in 2006 to 20%. A brief report on current recycling rates is included as Attachment 1. In directing staff to undertake the 2008 Trash Services Study, Council set forth goals to improve the community's diversion rate and reduce the impact of trash trucks on residential streets. Council also expressed specific interest in improving the "Pay -as -you -throw " (PAYT) solid waste ordinance. These goals are consistent with key goals ofthe 2008 Climate Action Plan approved by City Council in December 2008. They are also consistent with several of the goals in the draft 2006 Strategic Plan for Solid Waste Diversion reviewed by City Council. On May 5, 2009, City Council adopted several modifications to the City Code regarding trash and recycling services as developed from the Trash Services Study, that focus on requiring haulers to take actions that will improve recycling diversion rates and improve the pricing incentives of the Pay -as -you -throw Ordinance. These new initiatives become effective starting September 1, 2009. At the May 5 meeting, Council also adopted Resolution 2009-046, directing staff to develop one or more pilot trash districts in a portion of the community. In the designated area, the pilot would change the market for trash services from a purely open competitive market for residential trash services to a mix of City -contracted service and open competitive service. Council directed staff to develop a specific proposal for one or more pilot districts, and to more specifically outline the steps 257 July 21, 2009 necessary to move forward to implement the pilot district. These items are included in this Resolution and attachments to this Agenda Item. PILOT TRASH SER VICES DISTRICT PROPOSAL Staff has developed a draft implementation plan for a Pilot Trash District. This option was raised at the December 9, 2008 work session as Council was discussing the Market Option of creating a city-wide trash services contract, or trash districting system. Council suggested considering a pilot trash district in a portion of the community, rather than implementing the strategy city-wide. Districting Process The City can elect to develop a trash and recycling district for a specific geographic area, award a single contract for trash services within that area, and charge a City fee to single-family residences, according to State statute. The City would offer private trash haulers the opportunity to compete to provide trash and recycling services within the area, with fees billed by the City on its monthly Utility bill. A key component of a pilot trash district project would be to carefully analyze and document the effectiveness of the program. Staff would conduct a pre- and post project data collection project to measure the effectiveness of the program in achieving waste stream reduction goals and in reducing the impacts of trash vehicles upon streets and other aesthetic issues in the district. If the Council chooses to adopt the Resolution, State statute requires a 6-month notice period to the existing trash haulers before the City could begin contracting for trash service; the haulers then would have 30 days following the notice to respond and let the City know if they are interested in participating in the process. During this 6-month period, the City would issue a Request for Proposals (RFP), select a provider, negotiate a contract and work though implementation issues. Six months after the notice, the City would issue a trash/recycling contract for service to all residential customers in the pilot program area (single family dwellings and multi family dwellings of 3 residences or fewer). A tentative schedule for implementation of the pilot district, should Council vote to proceed with the project, is included as Attachment 2. A draft Request for Proposals is included for City Council 's review and discussion. (See Attachment 3.) If the Resolution is approved, final terms of the RFP will be completed and issued by approximately September 1, 2009. Staff expects to allow approximately six weeks for haulers to develop and submit proposals for the contract. The selection process would include review of the proposals, selection of qualified vendors for interview, rating of the proposals and negotiation with the top candidate. Criteria for evaluation of the offers would include several factors, including: Price to customers; Ability to meet high standards for delivery of trash and recycling services, compliance with local requirements and customer service; 258 July 21, 2009 Ability to meet additional conditions outlined in the Request for Proposals, e.g., work in coordination with the City to provide recycling education within the district; and Other innovations proposed by the hauler which would reduce solid waste and increase diversion, e.g., curbside yard -waste recycling, special recycling events, market -based initiatives such as Recycle Bank, or other incentive based programs. Though price to customers would be a major factor in the winning proposal, the other qualitative factors would also be an integral part of the purchasing process to determine the best qualified proposal. Upon selection of the top ranked proposal, staff would return to the City Council in the 4th Quarter, 2009 with a resolution to authorize the application ofa fee for service to residents within the district. The Trash Service Fee is the fundamental tool for implementing the Pilot Trash District. It is a fee for the City providing trash service to residences and is composed of the cost for the subscription level oftrash service (per the rates quoted by the successful contractor) plus the administrative costs for billing and contract administration. The final component of the implementation would be notification to residents in the district regarding the change in service. Staffanticipates written notification would be made via direct mail, utility bills and public meetings to provide information to affected residents. Proposed District The pilot area boundaries would be set by clearly identifiable landmarks. Staff has tentatively identified a pilot area north of Prospect Road, south of the Poudre River, east of Overland Trail Road, and west of College Avenue. (See Attachment 4.) This area includes approximately 6,500 dwelling units which would be served by the pilot district contractor. Commercial properties and multi family units of greater than 3 dwellings would be excluded from the contracted service per state law. Criteria used by staff in tentatively selecting this area included the clear boundaries, relatively few commercial properties within the area except those along the boundaries of College Avenue and Prospect Road and a limited number of Homeowners Associations (HOAs) which might have existing trash service contracts. Contract Terms Terms of the contract for service could include (but are not limited to) provisions such as: a. The contract would be for a term of 5 years. b. The hauler would be asked to provide subscription service rates for all single family residences and multi family dwelling up to 3 units in the proposed district, with the exception of Homeowner's Associations with existing contracts, if they include all residences in the HOA. C. The successful hauler would be required to fully comply with the City Code regarding trash and recycling. 259 July 21, 2009 d. The hauler would be asked to quote a price to provide curbside yard waste recycling service (at an additional cost) to customers upon request. e. The hauler would be asked to quote a price and a proposed processfor implementing a bag or tag system for overages, including a proposed method for distributing the bags/tags to district customers. f. The hauler would provide specific recycling education information to customers who fail to properly prepare or set out recyclable materials (e.g., friendly cart hanger notices for a customer who places non -recyclable materials into the recycling container, or places recyclable materials in the trash container). g. The hauler would ensure that all collection vehicles are in clean and safe operating condition, meet DOT standards, and be operated according to manufacturers specifications for loading (e.g., use of tag axles.) h. The contract for service would include performance standards for the hauler, addressing such issues as customer service, missed pick-ups, etc. i. Signage and/or outreach materials would be used by the hauler to encourage recycling and motivate customers to participate in waste reduction activities. Issues Analysis In developing the general parameters of a Trash and Recycling Services Pilot District, staff has explored a number of issues. • Contract for Pilot Trash District would be for a term of 5 years. Analysis: A successful contractor for the trash district may need to acquire additional equipment to serve the pilot district, including trash and recycling vehicles, toters or poly - carts for trash and recycling, and other business equipment. In order to give a high quality, low price for the service, they would need to be able to amortize their equipment purchases over a reasonable period of time, such as 5 years. Such a long-term contract would also make it more difficult for one company to provide an artificially low proposal to secure the contract in order to drive out other competitors for the future. The Pilot District would include 6,500 households. Analysis: The tentative pilot district identified by staff includes approximately 6,500 accounts. The pilot district would be of a large enough size to attract quality bids. This size district could be bid on by a company with approximately 3-4 trucks. The boundaries of the district should be clearly defined by major streets so that as Council districts, census districts or other boundaries change, the pilot trash hauling district would remain well defined. Establish a Pilot District with a variety of housing types. Analysis: The geography and demographics of the district needs to be factored into how a hauler would price its proposal. For instance, it is possible that a district that contains 260 July 21, 2009 many older homes with alleys would be more time-consuming, and therefore expensive, to serve than an area of newer development with curbside service on uniform streets. If an area with a great deal of alley service is included, prices could be higher than if it featured more HOAs or new development. Data Collection and Analysis. Analysis: A key component ofa pilot trash district project would be to carefully analyze and document the effectiveness of the program. Staff would collect pre- and post -project data to measure the effectiveness of the program in achieving waste stream reduction goals and in reducing the impacts of trash vehicles upon streets and other aesthetics in the district. Staff would develop a data plan for the project and implement plans to do data collection such as a trash and recycling set -out survey. The set -out survey would be afield study (both within and outside the proposed district) to gather data about the volumes of trash and recycling which are set out by randomly selected households during a representative week. By weighing and measuring actual materials set out for collection on trash day, detailed information can be gathered about customer behaviors before and during the pilot project. The number of different haulers within the district would also be documented before and after the district is established. Billing and Customer Service. Analysis: The City would be contracting for trash service within the district and would provide customer billing for the fees; the additional new costs for billing service and other administrative costs would be covered by a specific additional charge in customers' trash bills. All eligible residences within the district would be billed for at least the minimum level ofservice. Without this automatic billingfor all customers, some customers may be able to choose not to participate in the pilot and continue with their existing hauler or choose to self -haul. This would defeat the goals of reducing truck traffic and undermine the pilot district's effectiveness. The City proposes that customer service for changes in accounts such as start-up for new accounts or discontinuation of services would be handled by City customer billing staff. The contracted hauler would provide first -line response to other customer service issues such as cart delivery/maintenance, missed collection or other performance issues. As billing issues are addressed, the final Request for Proposals may need to be adjusted to address the inclusion of multi family units within the district. Currently, some multi family units receive one utility bill for all units, while others receive separate bills for each unit. In addition, some multi family units utilize communal collection (Dumpsters) for their trash service. Depending on the final analysis of the accounts included in district, additional language describing the residences which will receive service may need to be added to the RFP that is issued. 261 July 21, 2009 The City's implementation costs would be covered within the charges on customer bills. Analysis: The City would incur new costs for both administering the contract and billing for a trash service fee. The City would need to include an administrative charge on each account to cover these costs. Once the City agrees on a price per account, it would determine the rate for the City's fees, including overhead charges so that the monthly charge reflects the total true cost of service. Based on the experience of other communities implementing trash contracts, hauler proposals should be lower than prices offered in other portions of the community because the hauler won't have to cover billing costs and because of the efficiencies to be gained by having a consolidated district where every residence is served by the same hauler. The City would collect fees to cover its expenses for the program so that the program is self- sustaining. If the Resolution is adopted, a contract executed and the service fee established, the City would have some one-time startup costs for implementing the billing system through the Utility Billing system. One-time billing start-up costs are projected to be $25,000. These costs would be incurred prior to the start-up of the district billing in 2009 and would likely be paid through current year general fund monies. On an ongoing basis the program would be self-sustaining through user fees, including the monthly hauler charge to customers based on the service level they choose and additional administrative fees. Administrative fees which would be used by the City for its administration are projected to average as follows: On -going City costs: $1.00 per month/per account for billing $ .25 per month/per account for contract administration Based on a population of 6,500 residential accounts in the pilot area, total annual costs of $97,500 include: $78,000 per year billing $19, 500 per year contract administration Billing fees would pay for on -going customer service for start-ups, changes, stop -service, collections, and billing computer system maintenance. In addition to the billing costs, other overhead cost would be recovered through the trash services fee for contract administration costs. These fees would pay for a portion of a staff member's time in the Natural Resources Department to administer the contract, review performance data, work with the hauler to conduct recycling education programs in the district, and measure the success of the program in meeting the Council's goals. The estimated total administrative fee would average $1.25 per account per month. Pilot Districted Trash Service 262 Financial Benefits: Potential savings to Cityfor street maintenance = S40, 000-50, 000 Potential savings to some of the District's residents = lower monthly rates with increased efficiency of system (based on experience of other communities) Achieves: Reduced Truck Traffic 0 Trash truck related street damage would be reduced in a portion of the community - S40, 000-50, 000 per year savings in street maintenance (could be more because we don't know how many trash vehicles are over legal weight limits) 0 40+ tons in reduced CO2 emissions 0 Less fuel consumed by haulers • Improved neighborhood aesthetics within pilot district with fewer days of trash cans on streets, uniform containers and less noise • Opportunity to gain experience before implementing change to entire community, if successful • Increased safety within pilot district with fewer trucks in neighborhoods • More readily available tools for increased diversion - as terms of the contract, City could require successful hauler to: 0 Provide greater levels of education about recycling to customers in the pilot district 0 Offer yard waste at additional charge with a set formula approved by the City 0 Build in requirement for audit/data monitoring and analysis July 21, 2009 Costs: • City implementation costs = $25, 000 for retooling the Utility Billing system • Ongoing City administrative costs = $25, 500 annually, not including City billing costs Shortcomings: • Customer concern re: loss of choice • Fear of cost increases causes concern for some residents. Actual cost of service under revised system would be unknown until offers are solicited (though offers need not be accepted if offers represent significant cost increase) • Current haulers will be concerned that new haulers to community would be able to compete for business in pilot district • Some haulers will lose business. These haulers may include locally owned, established businesses • Significant involvement in privately provided service is considered negative by some • Customers would be required to pay a City service fee, including those customers who might choose to continue using their existing hauler's services regardless of City contract within the pilot district • Self -haulers would not be able to avoid fee and opt out of the service 263 Achieves: Greater leverage to guarantee no overweight vehicles if include contractual requirement for random weighing of trash trucks Smaller area impacted than with city- wide districting Reduced overall cost with greater system efficiency due to economies of scale • Other communities pay less after contract for service established • Some in HOAs already enjoy these rates - others could benefit too, creating more "social equity" o Increased operational efficiency for hauler selected • Competition preserved when bidding on contract July 21, 2009 Shortcomings: Haulers concerned that a large, national company may make an artificially low initial offer to receive the contracts, then increase prices in future years when local businesses are no longer able to compete Some believe that a contracted hauler system would provide lower level of service because of lack of day-to-day competition • Some believe that prices for service would go up under this model • Selection of an older neighborhood/area for the pilot project may bias the results of the pilot toward higher than average costs to provide service, (e.g., more alley service) compared to newer areas of development Could choose an area where few HOAs Some or all of the current haulers will exist or a mix of housing types exists not be awarded the district. This could significantly impact them. • Could be a demonstration of improved efficiency and lower rates for the rest of the community • City administrative costs would be completely covered by user fees; this overhead may not be much different from private subscription costs of billing and administration normally built into cost of services. Self -hauling may be reduced, which helps improve safety and reduce costs at Lorimer County landfill. 264 Administrative costs for administrative staff, program oversight and auditing 5-year commitment required by contract would lead to changes in assignments for City staff to work on billing and administration If price to customers is lower than open market, non -districted residents may object to not being included. If price to pilot district customers is higher than open market, City could choose not to proceed with contract. July 21, 2009 Achieves: Shortcomings: • Current economic conditions may make it difficult for haulers to secure financing to make the required investment in new equipment, including additional vehicles • If current trash rates have been held down because of uncertainty of the local market, the pilot project could cause non - districted accounts to see a price increase. (Such an increase could occur with any final resolution concerning districting, a decision that has now been pending for two years) Mayor Hutchinson stated in May, Council adopted an ordinance amending the City Code relating to trash hauling, with the general purpose of increasing the incentive for solid waste customers to reduce trash and improve recycling diversion rates. The item before Council at this time is a resolution that directs the City Manager to prepare a pilot trash hauling district within the city. Staff has recommended one area of the city for the pilot district. The resolution, if adopted by Council, directs the City Manager to solicit proposals from any trash haulers that are interested in serving the district and to either select a proposal and negotiate a contract or to inform Council that none of the proposals is satisfactory. If a proposal is selected, the final step in the process is for Council to impose a fee for the service to be provided in the district, which is scheduled to occur before the end of 2009. Ann Tumquist, Policy and Project Manager, stated the City has spent the past 18 months examining ways to reduce the impact of trash trucks on residential streets, improve air quality, address issues of aesthetics related to trash service and improve recycling rates in the community. Many public outreach meetings have been held and Council has held several work sessions on the issue. If the resolution is adopted, staff will begin implementation of the pilot district. The resolution will set the trash district boundaries and directs the City Manager to issue a Request for Proposals for trash and recycling collection service within the designated district. The City would award a five-year contract for the pilot program through a competitive process where trash haulers would be invited to submit a proposal to provide those services. The City will provide the billing service through the existing Utility billing process and the cost of the billing service will be processed through residential utility bills within the district. The proposal is only for residential service and not for commercial service or larger, multi -family residences. Any homeowner associations within the pilot district that already have existing contracts with trash haulers will be exempt from the pilot district. The district would be located in the northwest portion of the community with boundaries set by Prospect Road on the south, College Avenue on the east, the Poudre River and City limits on the north and Overland Trail on the west and encompasses about 6500 residences. This area was chosen because it has clear boundaries that will not change over five years. It has relatively few homeowner 265 July 21, 2009 associations, which often have their own contracts with trash haulers. One goal of the pilot district is to demonstrate the effectiveness of consolidated service. The area has a high density and variety of residential housing which will be easier for the trash hauler to service. There are relatively fewer commercial properties, which will be exempt from the pilot district. A goal of the pilot district is to keep the overall cost for residents in the district lower than residents' current trash costs. Other communities have experienced lower costs when trash service has been consolidated. The City has the financial goal of ensuring the program pays its way with fees and does not add costs to the City. The actual cost of the service to residents will be determined by the competitive proposals submitted by the trash haulers. The competitive process to award the contract should keep costs lower with more efficiencies. Information will be collected before and during the pilot program and will include the number of trucks in the district, impact on streets, recycling volumes, the cost to residents and aesthetic issues. If the resolution is adopted, staff intends to issue the RFP within 30 days and seek proposals from trash haulers. The proposals will address issues including the price for various levels of trash collection service, other services the hauler may be willing to provide as part of the contract, and any innovative ideas to increase recycling within the district. Staff will evaluate each proposal using criteria such as the price to customers, customer service qualifications, and any other elements of the proposal that meets the City's goal of increasing waste diversion to 50% by 2010. The City is required by State law to give the haulers a 6-month notice that the City intends to provide service through a contract. That notice would be published by August 1. The RFP will be issued by September 1 and the haulers will be given six weeks to submit their proposals. Staff will conduct interviews, negotiate a contract and then return to Council later in the fall with an ordinance that establishes the fee. The amount of the fee will not be known until a contract is negotiated. Staff will contact residences with the pilot trash district later this fall to notify them of the change in service. The following citizens did not support implementation of a pilot trash services district and urged Council not to adopt the proposed resolution: Wayne Davis, 3913 Lynda Lane Ashlynn Bullchag, Fort Collins resident Lyn Pring, 1136 East Stuart Gina Bagbey, 2523 Constitution Patty Kennedy, 559 South Saint Louis Avene Tom Weatherly, 2550 Custer Stacy Lynne, 216 Park Street Tom Jackson, Fort Collins resident Mike Farrell, 518 Ramah Kathleen Bailey, 924 East Ridgecrest Road Rudy Zitti, 1626 Fantail Court Mike Schwab, 2902 Rigden Parkway Kathy Dillon-Durica, 906 Bramblebush Kathy Wydallis, 812 LaPorte Avenue July 21, 2009 David Steinmetz, 4936 Smallwood Court Noreen Flood, 21313 Hampstead Drive, Loveland Levi Gallegos, Gallegos Sanitation Eli Luhong, Gallegos Sanitation Marc Siegfried, 1030 Wagonwheel Andrew Scott, 514 North Shields Tracy Brand, Gallegos Sanitation Matt Gallegos, Gallegos Sanitation Colleen Finnman, 3306 Creekstone Drive Bob Brown, President of Greenbriar Homeowner's Association Phillip Salazar, Fort Collins resident John Puma, Ram Waste Systems owner Nate Burns, Fort Collins resident Rudy Gallegos, Gallegos Sanitation owner Ray Harvey, Fort Collins resident Ray Meyer, 1344 Saint John Place Bruce Lockhart, 2500 East Harmony Mark Glorioso, Gallegos Sanitation Ray Martinez, 4121 Stoneridge Court David Shine, Ram Waste J. D. Padilla, Fort Collins resident David Palmer, Ram Waste Art Gallegos, Gallegos Sanitation Howard Dimmick, 7015 Avondale Road Jason Gallegos, Gallegos Sanitation Don Raymond, Fort Collins resident The following citizens supported implementation of a pilot trash services district and urged Council to adopt the proposed resolution: Reiner Lomb, 6718 Avondale Road, Climate Task Force member Dan Bihn, 421 South Howes Nancy York, 130 South Whitcomb Cheryl Distaso, 135 South Sunset, Mary Smith, 1618 Sagewood Drive Gary Wockner, 516 North Grant Eric Levine, 514 North Shields, Chair of the Air Quality Advisory Board ("Secretary's note: The Council took a brief recess at this point in the meeting.) Councilmember Roy asked for the cost of developing the pilot trash program. Tumquist stated considerable staff time has been spent in developing the program, but there has not been an estimate of the cost of staff and attorney time. Council had authorized up to $70,000 to be spent on a trash study done last year, which cost $55,000. 267 July 21, 2009 Councilmember Troxell asked who was the City organization's trash hauler and what amount of trash is recycled.. Susie Gordon, Senior Environmental Planner, stated Waste Management holds the City's contract for all City buildings. The City has improved its recycling rates, but she did not have actual figures. Councilmember Troxell asked for information about the accuracy of the data that has been presented for recycling rates. Turnquist stated the trash study consultant estimated that 14% of recycling was a result of curbside residential recycling as opposed to all recycling within the community. The consultant was working with data that was about two years old. There have been significant changes in the types of materials that are collected in the recycling stream and the estimate is now 20% for curbside recycling. The total community diversion rate is estimated at 33% for 2008. Councilmember Troxell asked for clarification of a pilot district. Turnquist stated the pilot is the concept of the City providing service under a contract with a private hauler. Councilmember Troxell asked if an assessment plan had been developed to help understand what works within the pilot district, such as actually measuring the wear on city streets caused by trash trucks and not just estimating what the street wear might be. Turnquist stated data will be gathered before and during time of the contract with the pilot district. The pilot is an effort to demonstrate what consolidated service will look like, what it will cost, and to show that consolidated service is more efficient service. Councilmember Troxell noted the RFP will allow a flat fee to be charged within the pilot district but trash service to other parts of the city will be required to conform to the pay -as -you -throw ordinance. He asked how the proposed rate structure will be assessed from the RFP. Turnquist stated the trash haulers must include administrative fees as part of their fees. The City will have administrative costs as part of providing the billing service for the pilot district. Staff estimates the City's fees will average $1.25 per customer. It will not be applied to each customer's bill as a flat rate, but will be a proportional rate, the same way trash haulers will apply fees to customers under the pay -as -you - throw rates. Councilmember Troxell asked what customer service the City will provide to citizens within the pilot trash district. Turnquist stated the City will handle customer service issues such as starting and stopping service within the pilot district and changes in level of service because they relate to the price of service. Customer service concerning missed pick-ups, temporarily halting service or provision of the trash and recycle containers will be provided by the haulers and will be part of a trash hauler's bid for service in the pilot district. Councilmember Troxell asked for an explanation of an opt -out policy for those citizens who live in the pilot district but do not wish to be part of the pilot. Turnquist stated there is no opt -out option for customers in the pilot district. Every residence will be charged at least for the minimum level of service. Councilmember Kottwitz asked if the City fee would only be charged to the residents within the pilot trash district and if they have been notified they are located with the district. Turnquist stated only WON July 21, 2009 residences located with the pilot trash district will be charged the City fee. Each residence will be contacted as part of the implementation of the plan to provide information about pricing and procedures. Councilmember Kottwitz asked if commercial and multi -family dwellings would excluded from districting, if it were applied citywide. Turnquist stated current State law does not allow this type of program for commercial or multi -family of greater than eight units. An existing HOA located within the district that has a contract with a trash hauler would be exempted from the pilot. Councilmember Manvel asked if most of the trash dumped at the landfill is generated by commercial businesses. Gordon stated 72% of landfill tons delivered to a landfill are attributed to the commercial sector. The community is producing less waste and the slowdown in construction has also contributed to the lower amount of waste produced. Councilmember Roy asked if the price structure will be different for residences within the district as compared to rates some homeowner associations receive. Tumquist stated residences that are not part of a group pricing typically pay a higher price for trash collection than those residences that have banded together and negotiated a group price, such as many homeowner associations have done. The expectation of the proposals submitted by the trash haulers is that the fees will be lower than what is currently charged residents within the pilot district. If the fees are not lower, Council could decide not to continue with the pilot. Other communities who have moved to consolidated trash service have seen lower prices as a result of consolidation. Councilmember Roy asked how the proposed program will affect any HOAs in the pilot district. Turnquist stated any HOA in the district that has a contract with a trash hauler would be exempted from the pilot. Councilmember Poppaw asked if an HOA will be able to renegotiate its trash contract if the contract expires during the time of the pilot program. Turnquist stated if an HOA is exempted from the pilot, it is unlikely it would be included into the pilot at a later date. Mayor Hutchinson asked if any mitigation measures have been considered for trash haulers who are required to provide large recycle carts for all their customers, but may not be awarded the contract for the pilot district. Turnquist stated the implementation date for providing recycling carts is January 1, 2010. The contract for the pilot district should be awarded before the end of 2009, so the haulers will know who has received the contract before the implementation date for the recycling carts. Councilmember Kottwitz asked if the pilot will be implemented for five years or if further Council consideration could be brought forward in two or three years. City Manager Atteberry stated the pilot district program is designed to be implemented for a five-year period. The length of time of the contract is designed to allow time for ample data collection and determination of the success of the pilot. Council will consider this issue in five years and, at that time, could decide whether or not to move forward with citywide districts or determine the pilot has not been successful and discontinue the program. The issue of trash collection has been discussed for over 20 years and one 269 July 21, 2009 problem has always been the lack of hard data. The program is intended to gather solid data so an informed decision can be made by Council in five years. Tumquist noted the hauler who is awarded the contract will need to purchase new equipment to service the district and the five-year length of the contract is designed to give the hauler a set income to amortize the payments for that equipment. Councilmember Kottwitz asked for the financial impacts of adding the billing responsibilities to the Utilities billing department. Tumquist stated the administrative fee the City will add to utility bills for residences within the district is designed to cover the costs of providing the billing services. No BFO offer to add additional staff will be submitted. Councilmember Ohlson asked if the trash haulers' preference was for the contract to run for five years. Turnquist stated the consultant indicated a pilot needs to run for a long period of time. Staff has not discussed the length of the contract with the trash haulers to avoid any "pre -negotiation" of a contract. City Attorney Roy stated it is possible to poll the haulers to determine if they would prefer a shorter time frame for the pilot. Councilmember Troxell asked how staff will determine if a proposal is underbid just to win the contract. Jim O'Neill, director of Purchasing and Risk Management, stated there will be several rating criteria for the proposals and cost would only be one of those criterion. Cost is typically weighted at 20% of a proposal for a City contract. The quality of the proposer, the type of service to be provided and other factors are considered in addition to cost. The contract will not be awarded solely on a low cost. Consideration is given to the scope of the proposal, which describes how the hauler will provide the service to the City, what type of employees will be working on the service, availability to provide the service and if the hauler is offering any special services to the customer. City Manager Atteberry stated the criteria used to evaluate the proposals are typical of those used to evaluate proposals submitted for City contracts. Councilmember Troxell questioned how the City could adopt a policy that harms local businesses and is counter to the City's economic health objective. He asked if the Economic Advisory Commission had reviewed the proposal. City Manager Atteberry stated the proposal has not been presented to the Economic Advisory Commission. Councilmember Poppaw asked how the reference evaluation will enhance the REP process. O'Neill stated once a trash hauling firm is selected, reference checks will be performed, overall performance will be evaluated, including the timetables the hauler has set for other contracts, their ability to maintain costs as bid for other contracts and their knowledge of the type of service they will provide. Once the reference checks were completed, contract negotiations would occur with the selected company. Councilmember Poppaw asked if the reference evaluation will allow the haulers an opportunity to demonstrate their customer service and attention to customer needs. O'Neill answered in the affirmative. Councilmember Kottwitz asked if the City's RFP process considers local businesses first. City Manager Atteberry stated a large majority of City organization purchases are made locally. A 270 July 21, 2009 national firm could be chosen in the event a local company is not available. The criteria for purchasing process does not require a local preference. A local preference policy can discourage competitive bidding and can drive costs up. O'Neill stated the City tries to ensure local businesses have an opportunity to compete. Councilmember Ohlson asked for clarification of the number of residences to be included in the pilot district. Gordon stated she did not have that clarification but would provide information about the percentage of Fort Collins residences that will be included in the pilot district. Councilmember Troxell asked if a residence within the district already will be able to continue a contract they might already have with a particular trash hauler. City Attorney Roy stated people will continue to have the option of using another hauler in the district, but they will still be required to pay the fee. The districting program will not prohibit people from maintaining a current contract. Tumquist stated a group contract, such as one held by an existing HOA, would be exempt from the pilot district. Councilmember Troxell asked if a trash hauler will be required to disclose its customer list to the City. City Attorney Roy stated the pilot district proposal is not requiring proprietary information such as customer lists, from trash haulers. City Manager Atteberry stated Utilities has information files on residences in the district and that information will not be required from the haulers. The customer service provided by the hauler for the pilot district will be part of the contract negotiations. Mayor Hutchinson asked if a citizen initiative can be mounted to overturn the resolution, if it is adopted. City Attorney Roy stated under the Charter, only ordinances can be referred by the voters after adoption by the Council. A citizen can initiate a resolution or ordinance, but this resolution cannot be referred. Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Resolution 2009-075. Councilmember Kottwitz asked if three Councilmembers could bring the resolution to the voters before Council votes to adopt the resolution. City Attorney Roy stated Council can refer either an ordinance or resolution to the voters. If Council adopts the resolution and does not refer it to the voters, it cannot be referred to the voters by citizens. It takes a majority of four Councilmembers to take formal action, such as referring an ordinance. Councilmember Kottwitz asked Council to refer the resolution to the voters of Fort Collins before taking a vote at this time. City Attorney Roy stated Council needs to dispose of the motion to adopt the resolution before any consideration of referring the matter to the voters. If adoption of the resolution fails, Council can then make a motion to refer the matter to the voters. Councilmember Troxell supported the request to refer the resolution to the voters and asked Council not to adopt the resolution at this time. 271 July 21, 2009 Councilmember Manvel stated the idea of a pilot trash district makes sense because it lowers the risk that local companies could be put out of business. Much of the trash hauling business in Fort Collins will not be affected by the pilot trash district. Residential collection is not the major part of trash haulers' business. The haulers do considerable business outside the city limits. HOAs will be exempt from the district. It appears the proposal involves a small part of the total trash hauling within the city limits that will be awarded to one company. The proposal does takes away some business from two companies but is not intended to put them out of business. The customers in the district will probably pay less for their trash service and should still receive excellent service that may offer more options than the customers currently have available. The fee collected by the City to provide billing service will be large enough to cover costs but will not provide a profit to the City. The City will benefit from fewer trash trucks on the street which will lessen the wear on the streets. Mayor Hutchinson stated the idea of the pilot district and gathering data sounds good in the abstract but the people affected by the proposal also need to be considered. Requiring all residences within the pilot district to pay at least the minimum fee is not the way Fort Collins operates. Councilmember Manvel stated all people in town are required to pay for government services that are provided for everyone, whether they use them or not. Most trash service in the country is provided by a municipal server or a single contractor. The proposal is not advocating that the City provide trash collection for its residents. Some groups in town already have districted service and are pleased with the service. HOAs negotiate contracts with trash haulers where one hauler serves the entire neighborhood for a reduced rate, which is the definition of a districted service. HOA boards select the trash hauler for the entire neighborhood; the choice is not made by each residence. A voluntary group could negotiate a contract with a trash hauler but it is not often a satisfactory, long-term solution because the group rate disappears when new people move into the neighborhood and do not want to join the group. It is also difficult to forma large, voluntary group that would have the impacts that a trash district can have. Councilmember Troxell stated people have the choice of moving into a neighborhood with an HOA that requires the use of one trash hauler. Choice is removed when the City forms a district and requires all residences within that district to participate. Councilmember Ohlson stated most municipalities in the country have municipal trash service and do not have multiple companies providing trash service. The City is not proposing to take over trash hauling. Trash hauling is a licensed, regulated business in Colorado. State statute grants municipalities authority to create districts and to regulate trash hauling but does not grant a municipality the right to set rates. The pilot district does not include multi -family or commercial trash collection. The district will not include any HOAs that have a contract with a trash hauler. The district is a small portion of the trash collection in Fort Collins and should not put anyone out of business. The issue has been carefully considered by City Council since 1985. This Council has held four work sessions on the topic. The concept of neighborhoods banding together to form voluntary groups for trash collection has not worked in the past and is not a good solution to the issue. He thanked citizens for providing input. He supported the motion and did not support referring the matter to the voters. 272 July 21, 2009 Councilmember Poppaw stated Council has worked on this issue for 18 months and much information has been provided on which to base her decision. She thanked the citizens for providing their input and concerns. The pilot district will provide valuable information to determine whether districting the entire city would be a wise decision in the future. Residents within the district will pay less for trash services, the impact of collection on the environment will be decreased, road maintenance cost will be reduced and will lead to quieter streets. Councilmember Roy thanked citizens for speaking about the issue. The resolution begins the process to select a proposal to negotiate a contract for services with the selected trash hauler or determine that no proposal is sufficient or satisfactory. He supported adoption of the resolution. Councilmember Troxell noted many citizens have urged Council not to adopt the resolution and he thanked the citizens and the trash company employees who shared their thoughts. The pilot trash district gives residents less choice, less service and will raise costs to citizens and the City. The City's estimates are too low and the expectations are unrealistic concerning customer service. The pilot objectives are not specified and there is no assessment plan. The consultant's report used by staff was based on false and inadequate data and reporting. There will be multiple haulers within the pilot district because commercial hauling will be provided by all three haulers. Creating a government monopoly is not the solution and moving forward with a pilot district is not listening to what citizens are saying. The City should not put local businesses out of business. He did not support the resolution. Councilmember Kottwitz stated the pilot program will allow a trash hauler to charge one single fee which seems contradictory to the ordinance recently adopted which stated haulers could not charge a flat fee. The goal of the pilot is to decrease trash truck traffic on residential streets and increase aesthetics with uniform containers but with the program, residents can pay the fee and can choose to opt out. An organized group is already planning to opt out of the pilot program. The goals of the pilot will not be met. One compromise would be for the City to assist neighborhoods in forming volunteer groups to negotiate a rate with one hauler. The residents in the pilot district have not been notified of the proposed fee and will have their choice in trash haulers removed. Councilmember Ohlson noted the pilot program will be developed over the next six months to formalize the arrangements with the trash hauler who is awarded the contract. The fee will be minimal because the cost will be lower for the residents in the district, similar to what HOAs experience throughout the city. Councilmember Manvel stated HOAs are exempt because they already have contracts with haulers. The City is attempting to reduce truck traffic on residential streets and lower costs to residents. HOA members already receive those benefits. Residents will see financial benefits from the formation of a district even though they will not have a choice in which hauler to use. There will be less damage to streets because there will be less heavy truck traffic on residential streets. This is not the government "taking over" trash service but is the government organizing a group in the city to receive certain benefits. He did not believe the pilot district will cause any trash hauler to go out of business because most of the trash hauling in the city is not from residential, single-family housing in the northwest quadrant of the city. 273 July 21, 2009 Councilmember Poppaw stated HOAs benefit from the ability to negotiate a contract with one hauler for the entire neighborhood and that economy of scale should be extended as a benefit to other residents in the city. Mayor Hutchinson stated the issue is about people and choice and the City should not be removing citizens' choice in this issue. Having neighborhoods voluntarily banding together to form a group does not work because people want choice. The current system works quite well and does not need to be fixed. The vote on the motion was as follows: Yeas: Manvel, Ohlson, Poppaw, and Roy. Nays: Hutchinson, Kottwitz, Troxell. THE MOTION CARRIED. ("Secretary's note: The Council took a brief recess at this point in the meeting.) Councilmember Kottwitz left the meeting at this point. Ordinance No. 077, 2009 Amending Chapter 26, Article VI, Division 4 of the City Code Relating to Excess Circuit Charge, Adopted on Second Reading The following is staff s memorandum for this item. "EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on July 7, 2009, allows the Utilities to respond promptly to a customer's request for excess capacity service based on the proposed Code provision. The charges for the service will be stated in the Code and revised when electric cost of service studies are updated. " Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt Ordinance No. 077, 2009 on Second Reading. Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. Resolution 2009-071 Authorizing the Issuance of a Revocable Permit to the Board of Governors of the Colorado State University System for Installation of Electric Service Lines on City -owned Property, Adopted The following is staffs memorandum for this item. 274 July 21, 2009 "EXECUTIVE SUMMARY Colorado State University (CSU) is in the process of constructing a new parkinggarage on the north side of Prospect Road between Centre Avenue and Bay Street. CSU plans to install a solar array on the roof of the new parking garage and would like to connect the garage and array to CSU's electrical system on campus. BACKGROUND CSU has asked Council to grant a revocable permit to allow CSU to install conduits and cable across Lake Street, between Centre Avenue and Bay Street. CSU is currently building anew parking garage on the site and plans to install a solar array on the roof of the structure. CSUwould like to connect the array to the campus electric distribution system it owns and operates. As provided in Section 26-444(2) of the City Code, ifa customer -generator wishes to furnish electric service to customer -generator's own propertyfor use by the customer -generator and installation ofelectricfacilities under a public place is necessary, the installation shall be allowed only pursuant to the issuance of a revocable permit approved by the City Council, after determination by resolution that the provision of such service will not materially alter the viability of the electric utility system and will benefit the citizens of Fort Collins as well as the customer -generator. Connection of the parking garage and solar array to the electrical distribution system owned and operated by CSU willprovide a significant benefit to the long range UniverCity goal of establishing a zero energy district downtown and on campus. Additionally, as a partner in the FortZED Renewable Distributed System Integration (RDSI) grant from the Department of Energy, CSU has committed matchingfunds towards the grant. Permitting the parking garage solar array to connect to the campus system will connect the facility to one of the two electrical feeders that are part of the FortZED RDSI project. The installation of the solar array will add to the distributed resources being utilized for the RDSI project and will help CSU meet its grant commitment. " Councilmember Troxell withdrew from the discussion of Resolution 2009-071 Authorizing the Issuance of a Revocable Permit to the Board of Governors of the Colorado State University System for Installation of Electric Service Lines on City -owned Property due to a conflict of interest. Councilmember Roy asked if the project is required to place utility lines underground. Steve Catanach, Light and Power Operations Manager, stated all the power lines will be placed underground. Councilmember Manvel made a motion, seconded by Councilmember Roy, to adopt Resolution 2009-071. Yeas: Hutchinson, Manvel, Ohlson, Poppaw, and Roy. Nays: none. THE MOTION CARRIED. 275 July 21, 2009 Ordinance No. 062, 2009, Amending Chapter 26, Article VI of the City Code Relating to Net Metered Electric Service, Postponed to early 2010 The following is staff's memorandum for this item. "EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on May 19, 2009, amends Chapter 26, Article VI the City Code to define the net metering requirements for qualifying renewable generation facilities. In light ofrecent technological and legislative developments, the City intends to formalize its net metering program. Pursuant to a pilot program, the City has offered net metering services to its customers since 2005 through special services contracts. The intent of this amendment to the City Code is to codify the net metering rate in the Utility's existing rates. During the June 2, 2009 Council meeting, Second Reading of the Ordinance No. 062, 2009, was postponed. Staff was directed to come back with language that more clearly expresses the generation limits on the maximum level at which net metering is offered. Staff recommends the following revisions. The net metering rate language in each of the General Services Rate Codes could be changed as detailed below. Additions to the Code language are underlined. "Net metering. Net metered service is available to a customer -generator producing electricity exclusively with a qualifying facility and using a qualifying renewable technology. For qualifying facilities that venerate more than twenty-five (25) kilowatts, the generation capacity o such facility shall not exceed 125% ofthe customer's peak demand or up -to -one megawatt, whichever is less. Ifthe customer's peakdemand is unknown, then the name plate capacity of the customer's service entrance shall serve as the limit....... " Staff has presented the language above to the Electric Board and the Electric Board voted 5-1 in support of the proposed change. The Natural Resources Advisory Board had not met to consider this language prior to the printing deadline of this Agenda Item Summary. A brief memo will be placed in the "read -before" packet advising Council of the outcome of the Natural Resources Advisory Board's consideration of this item. BACKGROUND In reference to the original proposed Code language, the size of generator a City of Fort Collins customer could install was limited by both the physical limits of their service entrance equipment and by the Parallel Generation portion of the Rate Code. The Parallel Generation component of the Rate Code limits the size ofgeneration that can be installed to no greater than the customer's instantaneous energy or capacity i.e., the customer's peak demand. The proposed revised net metering language will increase that limit to 125% of peak demand for renewable technologies. Additionally, if peak is unknown, the limit will be the service entrance size. In either case, by 276 July 21, 2009 limiting the size ofgeneration to either the customer's peak demand, 125% of the customer's peak demand, or the name plate capacity of the service entrance, the ability of a customer to generate more energy than they consume is limited. Net metering is intended to define the financial treatment that will be applied to excess energy that is generated by a renewable source. The Code language in the Ordinance adopted on First Reading limits net metering to I megawatt for commercial customers and does not allow customers to install generation up to I megawatt. The language states the City will purchase the annual excess energy generated at the customer's retail energy rate for installations up to I megawatt. Under the Code language adopted on First Reading, a customer must have a peak demand of I megawatt or greater to install 1 megawatt of generation. If the revised language is approved, a customer with a peak demand of 800 kilowatts could install up to 1 megawatt of generation. For most customers, this would allow them to move closer to supplying their own energy needs but in most instances, they would still not be producing any excess energy. Staff recommends adoption of the Ordinance on Second Reading with the revisions referenced above. Councilmember Manvel made a motion, seconded by Councilmember Roy, to continue consideration of Second Reading of Ordinance No. 062, 2009 until new interconnection standards are brought forward. Eric Sutherland, 631 LaPorte, stated in 2008, the State legislature required interconnection .agreements to be similar to those interconnection agreements developed by the Public Utilities Commission for regulating investor -owned utilities. The City's interconnection agreements do not meet that standard. The City's Utility has hired a consultant to advise the City about its interconnection agreements. There are model interconnection agreements available and it should not be necessary for the City to spend money to hire a consultant. The vote on the motion was as follows: Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. Other Business Councilmember Ohlson made a motion, seconded by Councilmember•Manvel, to adjourn the regular - meeting until after the General Improvement District No. 1 meeting. (Council adjourned into the General Improvement District No. 1 meeting at this point in the meeting) Council reconvened at 10:35 p.m. 277 July 21, 2009 Suspension of Rules Councilmember Roy made a motion, seconded by Councilmember Poppaw, to suspend the rules and extend the meeting. Yeas: Hutchinson, Manvel, Ohlson, Poppaw, and Roy. Nays: Troxell. THE MOTION CARRIED. Executive Session Authorized Councilmember Ohlson made a motion, seconded by Councilmember Roy, to go into executive session as permitted under Section 2-31(a)(3) of the City Code to consider the possible acquisition of real property by the City for water storage purposes. Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. ("Secretary's note: The Council went into executive session at this point in the meeting.) Council reconvened at 11:32 p.m. Councilmember Ohlson made a motion, seconded by Councilmember Roy, to cancel the August 4, 2009 regular Council meeting to allow Councilmembers and staff to participate in Neighborhood Night Out activities. Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none. THE MOTION CARRIED. The meeting adjourned at 1 1:35 p.m. ATTEST: - LL City Clerk Adjournment 278