HomeMy WebLinkAboutMINUTES-12/05/1995-Regular' December 5,1995
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:30 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, December
5, 1995, at 6:30 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call
was answered by the following Councilmembers: Apt, Azari, Janett, Kneeland, Smith and
Wanner.
Councilmember Absent: McCluskey.
Staff Members Present: Fischbach, Roy, Krajicek.
Agenda Review
City Manager John Fischbach reported that the applicant for Item No. 9, Items Related to the
Amended Zoning and Rezoning of Two Parcels of Lund in the Harmony Corridor Known as the
Harmony Office Park Partnership and the Keenan/Glass Property, has requested that the items
' be withdrawn from the Consent Agenda and that action be postponed to January 16, 1996.
Mayor Azari stated the postponement would be considered during Item No. 33, at the end of the
meeting.
***CONSENT CALENDAR***
This Calendar is intended to allow the City Council to spend its time and energy on the
important items on a lengthy agenda. Staff recommends approval of the Consent Calendar.
Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and
considered separately. Agenda items pulled from the Consent Calendar by the Public will be
considered separately under Agenda Item #24, Public Pulled Consent Items.
Second Reading of Ordinance No. 144, 1995. Authorizing the City to Grant Non -
Exclusive Easements for Electrical Service Via Overhead Power Poles 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 Biosolids
Storage Facility Project is being constructed by the Water Utility Department on this
property. Electricity is needed for this facility and, therefore, these easements are needed
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December 5, 1995
by REA to provide the necessary electrical service. This Ordinance was unanimously adopted '
on First Reading on November 21, 1995.
8. Second Reading Ordinance No. 1451995 Appropriating Prior Year Reserves for the Pumose
of Making Refunds to Public Service Company of Colorado and Customers of the City of Fort
Collins Utility System,
Ordinance No. 145, 1995, which was unanimously adopted on First Reading on November
21, 1995, authorizes the expenditure of prior year reserves to accomplish two refunds. The
first refund, in the amount of $48,206, goes to Public Service Company ("PSC") because PSC
overcharged its customers from October of 1993 to June of 1995, and with the overcharge for
utility services, also charged, collected, and remitted sales tax for the overcharged amount to
the City of Fort Collins. The appropriation of $48,206 covers the prior year overpayment of
sales tax. Current year overcharges will be credited against the City's account.
In 1994, the City's revenue collections surpassed the limits imposed by Section 20 of Article
X of the State Constitution by $12,871. The City is required to refund such overages by the
end of the next fiscal year, namely, 1995. That amount is being appropriated to be refunded
to the public as a credit on the next utility billing cycle. The amount of the refund per account
will be approximately 29 cents.
9. Items Related to the Amended Zoning and Rezoning of Two Parcels of Land in the Harmony I
Corridor Known as the Harmony Office Park Partnership and the Keenan/Glass Property.
A. Second Reading of Ordinance No. 146, 1995, Amending the Zoning District Map of the
City of Fort Collins by the Addition of a P.U.D. Condition and Excluding the Property
from the Residential Neighborhood Sign District for That Certain Property Known as
Harmony Office Park Partnership Rezoning
B. Second Reading of Ordinance No. 147, 1995, Amending the Zoning District Map of the
City of Fort Collins by Changing the Zoning Classification for That Certain Property
Known as Keenan Rezoning
The purpose of the Amended Zoning and Rezoning is to implement the findings of the
Amended Harmony Corridor Plan, adopted by City Council on January 3, 1995 (Ordinance
No. 187, 1994).
The existing zoning on the Harmony Office Park Partnership property is B-L, Limited
Business. This Zone District allows specific land uses as prescribed in the Zoning Code
without the condition that development occur as a Planned Unit Development in accordance
with the Land Development Guidance System. Ordinance No. 146, 1995, which was
unanimously adopted on First Reading on November 21, amends the zoning designation by '
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December 5, 1995
' adding the condition that the property develop as a Planned Unit Development. The
underlying Zone District of B-L, Limited Business would remain unchanged.
The existing zoning on the Keenan/Glass property is B-P, Planned Business, with the
condition that the property develop as a Planned Unit Development. Ordinance No. 147,
1995, which was adopted on First Reading on November 21, 1995, rezones the zoning
designation to B-L, Limited Business with the condition that the property develop.as a Planned
Unit Development. The purpose of the Rezoning is to match the Harmony Office Park
Partnership Zone District.
10. Second Reading of
Ordinance No 148 1995
Authorizing the Appropriation
of $71.060 from
Prior Year Reserves
of the City's Affordable
Housing Trust Fund to
Meet a 1995
Request for
a Rebate of Development
Impact Fees for
the Rosetree Village Affordable
Housing
Project
The two rebates administered earlier in 1995 has left insufficient funds available in the
Affordable Housing Trust Fund to reimburse a portion of development impact fees for the
Rosetree affordable housing project. Additional funds are necessary from the Affordable
Housing Trust Fund's prior year reserves to satisfy the amount of $106,800 required for the
Rosetree rebate. The Affordable Housing Trust Fund prior year reserve is currently at
$438,000. By appropriating $71,060 for 1995 use, prior year reserves will be reduced to
$366,940. This reduction will have minimal impact on future allocations.
This is a request for the appropriation of $71,060 from the Affordable Housing Trust Fund
prior year reserves to supplement the current balance of $35,740 in the 1995 Affordable
Housing Trust Fund in order to disburse $106,800 of development impact fees for the
Rosetree Village affordable housing project. Ordinance No. 148, 1995 was unanimously
adopted on First Reading on November 21, 1995.
11. Second Reading of Ordinance No 149. 1995, Authorizing the Amendment Documents
Related to the $9.800,000 Industrial Development Revenue Bonds Issued for the John O.
Hammons Project (University Park Holiday Inn).
In July of 1984, the City issued $9.8 million of industrial development revenue bonds, the
proceeds of which were used to construct the University Park Holiday Inn. The net effective
interest rate on the bonds was 10.00%. The bond documents authorized the prepayment or
restructuring of the financial arrangements at a later date. The owners of the project have
negotiated amendments to the bond documents with the bondholder to effectively lower the
cost of the debt service on the bonds and other payments to the bondholder. The net interest
rate after the restructuring will be 7.0%. As the issuer and as a signatory of the original bond
documents, the project owners and bondholder have requested that the City also approve the
changes through an ordinance. This ordinance was unanimously adopted on First Reading on
' November 21, 1995.
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December 5, 1995
12. Items Relating to 500 Riverside Avenue,
A. Second Reading of Ordinance No. 150, 1995 of the Council of the City of Fort Collins
Authorizing the Purchase of 500 Riverside Avenue for Use as Open Space And as a
Wastewater Plant Buffer, and the Conveyance of a Five-year Lease of the Property.
B. Second Reading of Ordinance No. 151, 1995 of the Council of the City of Fort Collins
Appropriating Prior Year Reserves in the Conservation Trust Fund and the Wastewater
Utility Capital Fund for the Purchase of 500 Riverside Avenue.
The Council adopted the Poudre River Land Use Framework on May 16, 1995 (Resolution
95-64). 500 Riverside Avenue (known as the Pickle Plant Site) was one of four key parcels
of land identified for City acquisition. The reasons for acquisition were: "Acquire and annex
to prevent marginal industrial or commercial redevelopment. Develop site design to restore
streambank, habitat and natural resource values, and act as a buffer for Wastewater Treatment
Plant #1. Include designs for Downtown gateway features and interpretive features."
Restoration of the Pickle Plant Site to enhance natural resource values and potential
development of "gateway" features on the Property are not planned to occur for several years.
u
Ordinance No. 150, 1995, was unanimously adopted on November 21, 1995 and authorizes '
the purchase of the property at 500 Riverside Avenue and lease of the site for five (5) years
pending planned use by the City, and Ordinance No. 151, 1995, which was also unanimously
adopted on First Reading on November 21, 1995, appropriates necessary funds for the
purchase.
13. Second Reading of Ordinance No 152 1995 Appropriating Unanticipated Revenue in the
General Fund for an Historic and Architectural Survey of the Central Business District.
The City of Fort Collins was awarded a grant from the Colorado Historical Society in the
amount of $7,500 to conduct an intensive -level historic and architectural survey of the Central
Business District. Ordinance No. 152, 1995, which was unanimously adopted on First
Reading on November 21, 1995, enables the City to match the $7,500 grant with a $3,000 cash
match from the Advance Planning Department's budget and $3,000 of in -kind staff and
volunteer time to administer the grant. The survey will be used to determine the potential of
national, state, or local historical and architectural significance of approximately 120 buildings
in the downtown business community surrounding historic Old Town. In 1992, the Fort
Collins Central Business District Context was completed through a Certified Local
Government Grant; this project will inventory those properties fifty years or older associated
with this context.
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December 5, 1995
14. First Reading of Ordinance No. 155, 1995, Adopting the 1996 City of Fort Collins Total
Compensation Plan
The 1996 adopted budget includes a projected total compensation adjustment of 3.5% or $1.7
million in all City Funds. The proposed adjustments fall within this budgeted amount. The
total compensation adjustment includes no increase to the cost of medical insurance, long-term
disability insurance and the dental reimbursement benefits while reflecting a decrease in the
City's cost for life insurance. Because the General Employee Retirement Plan contribution
will increase from 3.553% to 4.09%, the total compensation increases reflect an additional
.5% cost in provision of this benefit.
In November 1995, Council adopted its Financial Policies which includes the Human
Resource Management and Productivity Policy (See Attachment Q. This policy includes the
Total Compensation Policy for the City's classified and unclassified management employees.
The policy states that the total compensation for these City employees will average 4.5%
above the median of the labor market.
15. First Reading
of Ordinance
No.
156, 1995. Designating the Schalk -Stallings House and
Garages. 319
East Plum
Street.
Fort Collins. Colorado, as a Local Landmark Pursuant to
Chapter 14 of
the Code of
the City
of Fort Collins
The owners, Wayne and Jeanne Snyder, are initiating this request for Local Landmark
designation for the Schalk -Stallings House and Garages, 319 East Plum Street. A public
hearing was held by the Landmark Preservation Commission on November 14, 1995, at which
time the Commission voted to recommend designation of the residence and garages as a local
landmark for their architectural and historical importance.
16. First Reading of Ordinance No. 158, 1995, Authorizing the Mayor to Execute a Deed of
Conveyance for the Sale of a 3.052 Acre Parcel Near the Intersection of Drake And Taft Hill
Roads.
In 1982, the Light and Power Department purchased 3.855 acres for a proposed substation.
Following a computerized system study in 1985, it was determined that this site would not be
needed as a substation.
Since that determination was made, this land has been offered to all City departments and the
Housing Authority. Stormwater staff responded that they desired part of this site for their Taft
Hill Detention Pond. As a result of this request, Light and Power sold .803 acres to the
Stormwater Utility. As a result of other requests, the City will sell the property subject to a
needed right-of-way for Drake Road and an easement for the City's "Spring Creek Trail
System." The now 3.052 acre site, has been posted with a "For Sale" sign for nearly a year.
430
December 5, 1995
There was some initial interest in this site by a neighboring property owner, but due to land '
use planning issues, that purchase was not pursued further.
An offer was received by the Right -of -Way Office from Bret Larimer on June 29, 1995. The
agreed upon purchase price is based on consultation with an M.A.I. appraiser, and the
resulting contract is for $133,000, contingent upon approval by the City Council. This
Ordinance would authorize the Mayor to execute a Deed of Conveyance for the sale of this
land, subject to grants of additional rights of way and trail easement, and any other related
documents as needed to convey the property, to Bret Larimer.
17. First Reading of Ordinance No 159 1995 Vacating a Portion of Street Right -of -Way for Hill
Pond Road as platted with the Windtrail Townhomes P.U.D. and Retaining the Same for
Utility and Drainage Easement Purposes
The owner and developer of the Windtrail Townhomes P.U.D. has requested the vacation of
a portion of street right-of-way for Hill Pond Road. The P.U.D. is located on the east side of
Shields Street (east of the Sundering Townhomes) just south of Spring Creek.
At the time the P.U.D. was platted, Hill Pond Road was planned to extend to the east and
eventually tie in to future Centre Avenue. Since that time, the developer and the City Natural
Resources Department have agreed on a plan that minimizes impacts to the existing wetland '
in the larger area surrounding the development. Since the extension of Hill Pond Road to the
east as originally planned would disturb a significant wetland, the developer has platted new
street right-of-way for a north -south street which will minimize impacts to the wetland and
provide access to future Centre Avenue. Therefore, the platted street right-of-way for the
extension of Hill Pond Road is no longer necessary from a traffic circulation standpoint, nor
is it desirable to extend the road as originally planned due to the disturbance of the wetland.
The right-of-way proposed for vacation will be retained for a utility and drainage easement.
Upon vacation of the right-of-way, the developer will deed the area to the Windtrail
Townhomes Homeowners' Association for open space.
18. Resolution 95-166 Adopting the City's 1996 Legislative Agenda
The Legislative Review Committee (LRC) has developed a Legislative Agenda to assist the
LRC in the analysis of pending legislation during the 1996 General Assembly. The
Legislative Agenda states the City's position on common legislative topics.
The majority of the policy statement in the Legislative Agenda is in line with past Council
policy and Council actions. However, there are new policy statements regarding the federal
budget, planning and land use, telecommunications, transportation, retail wheeling, and water
and wastewater utility services.
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December 5, 1995
19. Resolution 95-167 Recommending Denial of a Waiver of the UGA Public Street Capacity
Phasing Criteria Requirement for the Overland Valley PUD.
The waiver request pertains to the proposed Overland Valley PUD, consisting of 16 dwelling
units on 14.79 acres, located west of Overland Trail (County Road 21) between Vine Drive
(County Road 48) and LaPorte Avenue (County Road 46E). Due to a technical mistake
approximately 1/3 of this property is currently outside the Urban Growth Area boundaries.
The request for a waiver from the public street capacity phasing criteria requirement should
be denied since City staff is recommending denial of the County development application
which is inconsistent with the Intergovernmental Agreement with Larimer County for the Fort
Collins Urban Growth Area which states that "the gross density of projects in the foothills area
should not exceed one (1) unit per two (2.0) acres." The proposed density is 1.08 dwelling
units per acre.
20. Resolution 95-168 Approving the Purchase of an East Ram Eject Trailer from East
Manufacturing Company as a Sole Source Provider,
Resource Recovery has two East Ram Eject trailers for bio-solids transportation, including
hauling to the Meadow Springs Ranch. The trailers are subjected to a mix of high-speed travel
on I-25 and rough terrain travel on the prairie.
All three of Resource Recovery's semi -tractor units are configured to operate the East Ram
Eject trailers. The tractor/trailer hookup requires electrical, hydraulic, and pneumatic
connections in addition to the normal air brake and electrical connections. Purchasing a third
trailer of the same type would be the most cost-effective way of expanding the bio-solids fleet.
Staff has been unable to locate another manufacturer making a similar trailer. All units
evaluated so far have been different in concept, making them completely incompatible with
our current equipment. Therefore, purchase of a ram eject trailer from East Manufacturing
Company as a sole source provider is necessary to allow the purchase of a compatible trailer.
21. Resolution 95-169 Authorizing the Mayor to Execute an Addendum to the City's Employment
Agreement with John F. Fischbach as City Manager of the City of Fort Collins.
On June 6, 1995, Council adopted Resolution 95-88 appointing John Fischbach as City
Manager of the City of Fort Collins. Resolution 95-88 also authorized the Mayor to execute
an Employment Agreement with Mr. Fischbach.
Section XI of the Employment Agreement states that from September 1, 1995, until January
31, 1996, the City will make a City automobile available to Mr. Fischbach for his use. Based
on discussions with Mr. Fischbach, the Council has decided to amend the Employment
Agreement so as to make a City automobile available to Mr. Fischbach for his use during the
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December 5, 1995
term of the Employment Agreement as that term is established in Section II of the Agreement. '
However, all other terms and conditions of the Employment Agreement will remain
unchanged and in full force and effect.
22. Resolution 95 170 Making Appointments to the Air Quality AdvisoEy Board and the Natural
Resources Advisory Board
A vacancy currently exists on the Air Quality Advisory Board due to the resignation of Rob
Cagen. After interviewing active applicants as well as new applicants who applied as a result
of the advertisement in the Coloradoan, Councilmembers Smith and Janett are recommending
that Nancy York be appointed to fill the vacant term which expires June 30, 1998.
A vacancy currently exists on the Natural Resources Advisory Board due to the resignation
of Donald Tidd. Councilmembers Janett and Smith reviewed the applications on file and are
recommending that Jan Behunek be appointed to fill the vacant term which expires June 30,
1996.
23. Resolution 95-171 of the Council of Fort Collins Making Appointments to the Larimer County
Building Project Advisory Committee.
On November 6, 1995, Larimer County Commissioner John Clarke and the County's Project '
Coordinator, Roger Fraser, met with the Organizational Development Committee to present
the County's request for a member of City Council and a Fort Collins citizen to serve on a
County Building Project Advisory Committee. The Committee will be comprised of one
elected official and one citizen from each of the Larimer County communities. For the next
twelve months, the Committee will meet at least monthly to assist County staff in the design
and implementation of Latimer County's building program to remedy over -crowding and
security issues in County facilities.
The Organizational Development Committee's direction was to prepare a Resolution for City
Council appointing Mayor Ann Azari and a citizen. As a method to choose one citizen, the
Committee recommended reviewing the list of active applicants for City Boards and
Commissions and asking the Leadership Team to pick one citizen. Staff presented 12 names
to the Leadership Team. James Swails was selected and has agreed to serve, if appointed.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
7. Second Reading of Ordinance No 144 1995 Authorizing the City to Grant Non -Exclusive
Easements for Electrical Service Via Overhead Power Poles to Poudre Valley Rural Electric
Association. Inc. (REA)
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December 5, 1995
S. Second Reading Ordinance No 145 1995 Appropriating Prior Year Reserves for the Purpose
of Making Refunds to Public Service Company of Colorado and Customers of the City of Fort
Collins Utility System.
9. Items Related to the Amended Zoning and Rezoning of Two Parcels of Land in the Harmony
Corridor Known as the Harmony Office Park Partnership and the Keenan/Glass Property.
A. Second Reading of Ordinance No. 146, 1995, Amending the Zoning District Map of the
City of Fort Collins by the Addition of a P.U.D. Condition and Excluding the Property
from the Residential Neighborhood Sign District for That Certain Property Known as
Harmony Office Park Partnership Rezoning
B. Second Reading of Ordinance No. 147, 1995, Amending the Zoning District Map of the
City of Fort Collins by Changing the Zoning Classification for That Certain Property
Known as Keenan Rezoning
10. Second Reading of Ordinance No 148 1995 Authorizing the Appropriation of $71 060 from
Prior Year Reserves of the City's Affordable Housing Trust Fund to Meet a 1995 Request for
a Rebate of Development Impact Fees for the Rosetree Village Affordable Housing Project
' 11, Second Reading of Ordinance No. 149, 1995. Authorizing the Amendment Documents
Related to the $9.800,000 Industrial Development Revenue Bonds Issued for the John Q.
Hammons Project (University Park Holiday Inn)
12. Items Relating to 500 Riverside Avenue.
A. Second Reading of Ordinance No. 150, 1995 of the Council of the City of Fort Collins
Authorizing the Purchase of 500 Riverside Avenue for Use as Open Space And as a
Wastewater Plant Buffer, and the Conveyance of a Five-year Lease of the Property.
B. Second Reading of Ordinance No. 151, 1995 of the Council of the City of Fort Collins
Appropriating Prior Year Reserves in the Conservation Trust Fund and the Wastewater
Utility Capital Fund for the Purchase of 500 Riverside Avenue.
13. Second Reading of Ordinance No 152 1995 Appropriating Unanticipated Revenue in the
General Fund for an Historic and Architectural Survey of the Central Business District
29. Items Relating to Revisions to the Model Energy Code.
A. Second Reading of Ordinance No. 153, 1995, Amending Sections 5-26, 5-27 and 5-107
of the Code of the City of Fort Collins Regarding Energy Conservation Construction
' Standards for New Buildings.
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December 5, 1995
B. Second Reading of Ordinance No. 154, 1995, of the Council of the City of Fort Collins '
Appropriating Unanticipated Revenue in the General Fund Related to the Implementation
of the Proposed 1995 Energy Code Revisions.
Items on First Reading were read by title by City Clerk Wanda Krajicek.
14. First Reading of Ordinance No. 155, 1995, Adopting the 1996 City of Fort Collins Total
Compensation Plan,
15. First Reading of Ordinance No 156 1995 Designating the Schalk -Stallings House and
Garages 319 East Plum Street Fort Collins Colorado as a Local Landmark Pursuant to
Chapter 14 of the Code of the City of Fort Collins
16. First Reading of Ordinance No 158 1995 Authorizing the Mayes to Execute a Deed of
Conveyance for the Sale of a 3.052 Acre Parcel Near the Intersection of Drake And Taft Hill
Roads.
17. First Reading of Ordinance No 159 1995 Vacating a Portion of Street Right -of -Way for Hill
Pond Road as platted with the Windtrail Townhomes P U D and Retaining the Same for
Utility and Drainage Easement Purposes.
27. First Reading of Ordinance No 160 1995 Appropriating $1 700000 from the Use Tax I
Carryover Reserve to Be Used to Construct and Open a Community Library
28. First Reading
of Ordinance No
1611995 of the Council of the
City of Fort Collins
Amending
Section 29-526(dd)(2) to
Establish a Minimum Percentage
of Base Points Required
on the Residential
Uses Activity Point
Chart and Amending Section
29-526(j)(5) to Provide
More Detailed
Criteria Regarding
the Off -site Open Space Residential
Density Bonus
Provisions
and Extending the Application
of the Amendments to
Section 29-526 Enacted
Pursuant to
Ordinance No. 114, 1994
(Option 1 & 2)
30. First Reading of Ordinance No 162 1995 Amending Section 2-581 of the Code of the City
of Fort Collins and Setting the Compensation of the City Attorney.
31. First Reading of Ordinance No 163 1995 Amending Section 2-596 of the Code of the City
of Fort Collins and Setting the Compensation of the City Manager..
32. First Reading of Ordinance No 164 1995 Amending Section 2-606 of the Code of the City
of Fort Collins and Setting the Compensation of the Municipal Judge.
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December 5, 1995
' Councilmember Smith made a motion, seconded by Councilmember Apt, to adopt and approve all
items on the Consent Calendar, except Item #9, Items Related to the Amended Zoning and Rezoning
of Two Parcels of Land in the Harmony Corridor Known as the Harmony Office Park Partnership
and the Keenan/Glass Property. The vote was as follows: Yeas: Councilmembers Apt, Azari,
Kneeland, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Note: Councilmember Janett arrived at this point.
Staff Reports
City Manager Fischbach stated one of the items on the Consent Agenda was the City's total
compensation plan. He stated the plan includes $1.7M for compensation and includes salary
adjustments related to labor market as well as benefit changes. It also includes $1.5M for new
positions and $300,000 for reclassifications and increased hourly costs.
City Clerk Krajicek reminded that the deadline to apply for the Charter Review Committee is
December 15 and encouraged persons to apply by that deadline.
' Councilmember Reports
Councilmember Wanner stated City staff will be reviewing the process used to consider the
compensation package for employees.
Councilmember Apt pointed out the $1.7M includes a 3.5% increase and step increases for
approximately 35% of the City's employees. Those who are eligible for merit increases.
Councilmember Kneeland reported on the NLC meeting in Phoenix. She stated policies dealt with
by the Community and Economic Development Policy Committee concerned affordable housing,
community redevelopment, economic development, and neighborhood issues. She stated the role
of municipal government in terms of the international market was discussed.
Councilmember Janett commented on the 1996 Legislative Agenda. She stated she expected items
related to the Governor's Smart Growth Conference, takings legislation, regulation of 35-acre
subdivisions, cluster bills, impact fees and changes to the State Land Board to be added to the
Agenda as appropriate.
Councilmember Apt reported the Growth Management Committee had discussed the City's cost of
services at length. He stated Council will be looking at potential cost recovery fees on new
development and potential excise taxes for capital expenditures at an upcoming study session.
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December 5, 1995
Items Relating to the Front Range Community Library, Adopted. I
The following is staffs memo on this item.
"Financial Impact
By approving this Resolution, Council will be committing to cooperate with Front Range Community
College (FRCC) to build and operate a community library on the college's Larimer Campus (the
community library). Approval of the Ordinance appropriates $1,700,000 from the Sales and Use
Tax Carryover Reserve for the City's contribution to construct and open the community library. The
second reading of the ordinance is scheduled for January, 1996. Sufficient funds will be in the use
tax carryover reserve at the end of 1995 to fund the $1,700,000 appropriation based on actual 1995
collections through October and current projections for November and December collections.
Executive Summary
A. Resolution 95-172 Approving an Intergovernmental Agreement with Front Range Community
College to Build and Jointly Operate a Community Library.
B. First 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. '
BACKGROUND:
On September 19, 1995, the City Council unanimously approved Resolution 95-138 expressing
Council's intention to form a partnership with FRCC to build and jointly operate a community
library. The Resolution directed staff to negotiate an Intergovernmental Agreement (IGA) with
Front Range Community College and return with an appropriation ordinance for the City's
contribution for construction of the library. City and College staff have developed an agreement
that embraces a cooperative spirit and is fair to both entities. Staff believes the Agreement will serve
the City well through the long life of this active communityfacility.
Following City Council approval, FRCC will submit the IGA to its governing board (the State Board
for Community College Occupational Education) on December 14. Approval by both governing
bodies will trigger design and construction of the facility. The projected community library opening
date continues to be Fall 1997. Second reading of the Ordinance will take place on January 2, 1996
because the 1995 use tax revenue becomes a reserve in 1996. The Charter authorized Council to
pay any expense from prior year reserves.
Intergovernmental Agreement:
Please refer to Attachment Afar a summary of the IGA. '
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December 5, 1995
IDesign and Construction Costs:
FRCC's contribution to the project is $2,215,000 for construction, $200,000 for design and
engineering, donation of land valued at $130,000, and an anticipated 1996 Legislative session
appropriation of $545,000 to $650,000 for site improvements, landscaping, furnishings and
equipment. Front Range Community College's contribution will total $3,090,000 to $3,195,000.
The City's contribution is $2,000,000 in one time capital costs, including $300,000 for books and
materials and $50,000 for furnishings. The $1,700,000 will be appropriated in 1996 and $300,000
for books will be appropriated in 1997.
Ongoing Costs:
The initial operating and maintenance (O&M) costs will be shared on an approximate 40/60 percent
basis. The City's portion is 60% to reflect the significantly larger number of annual user visits and
circulation of materials by the general public compared to projected FRCC use. Use projections
for the general public and for the College are as follows:
FRC CITY
Annual User Visits
Current 7,452 78,000*
Projected" 18,216 156,000
Circulation
Current 4,859 185,432
Projected** 12,144 370,086
Projected usage based on Mitzi Library Judy -October statistics.
** In the operation of the community Library, there will be no distinction made between college and general public
users or circulation attributable to each group. These projections merely reflect estimates of users attd circulation
based on current usage patterns.
The College forecasts an increase of approximately 300 new FRCC students due to the opening of
anew student center, science building, and library. This will increase the total student population
to 3,400. A plus or minus 2% growth each year is projected thereafter. The City anticipates
substantial population growth particularly in south Fort Collins.
Four service levels as described in Attachment B illustrate the range in quality and quantity of
service that could be offered at this new facility. These service levels and their associated costs were
developed through discussions with the College. Although City Council does not need to make a
decision at this time on the level of service provided, staff is recommending that two of the four
service levels will better serve the anticipated design and demand. In the recommended service
levels, FRCC will be responsible for maintenance and utilities, phones and data lines, and a Campus
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December 5, 1995
librarian. The City will be responsible for all other staffing, operations, and general supplies. '
Attachment C presents an estimate of the ongoing cost of each service level based on the data we
have available at this time. The building has yet to be designed and the final design may change
these cost estimates. Attachment D estimates the new money needed for a full year's library
operation and maintenance. The range in cost is from $100,000 to $473,995. This data will be
developed into a 1997 budget request and presented during the 1997 budget process for City
Council consideration. The mini library will be closed when this library opens and the budget for
the mini library will be combined with this new money to pay the O&M costs of this new facility. "
Director of Cultural Library and Recreational Service Mike Powers, commented that there had been
a tremendous amount of effort devoted by Council, staff, and citizens to bring this project to this
point. He stated approval will allow the construction of a joint City/Front Range library that will
double the amount of space for public libraries in Fort Collins. He stated the intent is to build a $5M
structure, with the City contributing $2M and Front Range contributing up to $3M. The land will
be donated by Front Range and the furnishings and materials will be moved from the mini -library.
The City will contribute 60% of the operating and maintenance costs with Front Range providing
40%.
Assistant to the Director of Cultural, Library and Recreational Services Marty Heffernan,
summarized the intergovernmental agreement negotiated with Front Range. He stated the agreement
allows the parties to create a full -service branch community library that will serve the needs of the '
public as well as the needs of the students, faculty and staff of the College. It will be a 30,000 sq.
ft. building containing 40,000 books and media items. The intent of the parties is to design the
library with the capacity to provide computers and various electronic data as a state of the art library.
The structure would be owned by the College subject to the City's 50-year unrestricted right to use
the facility. The building will be designed to allow physical expansion.
Library Director Linda Saferite reviewed the site plan showing where the library will be located on
the Front Range campus. She presented a slide showing the initial layout of the library.
Jack Steele, 2901 Redburn Dr., Library Board Chairperson, stated he was impressed with the
agreement and that the 60-40 split is fair and equitable. He urged support for the resolution.
Dr. Tom Gonzales, President of Front Range Community College, stated he had met with the Budget
and Finance Committee of the State Board for Community Colleges who indicated unanimous
support and approval for the intergovernmental agreement and recommended approval by the State
Board.
Councilmember Janett asked about the 60-40 operating split. Since Front Range is covering the
building maintenance costs and the City is covering staffing costs, she asked if staffing costs will
escalate at a faster rate than building operations costs. She asked how adjustments would be made
to the 60-40 split. '
439
December 5, 1995
' Marty Heffernan stated that if staffing costs increase faster, the service level can be adjusted to retain
the 60-40 split. The agreement states that at any time either party believes the balance of payments
is not meeting their expectations, the two parties will meet to work out the problems. Even if no
problems are apparent, the agreement requires the parties to meet every three years to discuss how
the arrangement is working.
Councilmember Janett spoke of the City's energy conservation program, CLIP. She asked if energy
conservation and energy efficient lighting will be a part of the design of this building. She asked if
the outside landscaping design will include low water use or xeriscaping.
Linda Saferite stated she is discussing energy conservation efforts with Light and Power staff.
Dr. Gonzales stated Front Range is open to energy conservation methods and low water landscaping
design and will work with staff through its architects.
Councilmember Smith spoke of the hours of operation for the facility and asked for information on
current use patterns at the downtown library. He expressed concern that hours of operation be set
based on use patterns of both City residents and Front Range students.
Mike Powers stated City and College staff will collect data and present it to Council during the 1997
' budget process.
City Manager Fischbach stated the agreement provides that hours of operation can be changed by
mutual agreement of the City Manager and the College President.
City Attorney Roy stated the agreement does not lock the City into any particular hours of operation.
It establishes a minimum and maximum number of hours that the library will be open. The
particular hours of operation will be established administratively.
Councilmember Wanner asked that prior to Second Reading, Councilmembers be provided
information on how an adequate service level can be funded for the next three years.
Councilmember Smith made a motion, seconded by Councilmember Apt, to adopt Resolution 95-
172. The vote was as follows: Yeas: Councilmcmbers, Apt, Azari, Janett, Kneeland, Smith and
Wanner. Nays: None.
THE MOTION CARRIED.
Councilmember Smith made a motion, seconded by Councilmember Wanner to adopt Ordinance No.
160, 1995, on First Reading.
December 5, 1995
Councilmember Janett asked that prior to Second Reading, staff provide an update on carry-over '
funds available for other programs or uses.
Mayor Azari suggested City representatives be present when the State Board of Agriculture considers
this proposal. She suggested Councilmember Kneeland represent the Council if her schedule
permits.
The vote on Councilmember Smith's motion to adopt Ordinance No. 160, 1995, was as follows:
Yeas: Councilmembers Apt, Azari, Janett, Kneeland, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Ordinance No. 161, 1995, Amending the Code
to Establish a Minimum Percentage of Base Points
Required on the Residential Uses Activity Point Chart and
Providing More Detailed Criteria Regarding the Off -Site Open Space
Residential Density Bonus Provisions and
Extending the Application of the Amendments Adopted on First Reading
The following is staffs memo on this item.
"Executive Summary
These recommended Land Development Guidance System point than revisions are being proposed
in response to issues identified through staff monitoring of the performance of the Short Term
Growth Management Measures (commonly referred to as the phasing criteria) that were adopted
by Council in July of 1994.
The Council Growth Management Committee directed staff to develop options for addressing the
issues associated with application of the phasing criteria. Staff recommends the Land Development
Guidance System be revised to:
Extend the existing interim phasing criteria for a period of one year to allow City Plan to
complete work on more permanent phasing strategies.
2. Clarify the application of Residential Density Point Chart H Criterion "N" relating to off -
site open space bonus points.
3. Change the Residential Density Point Chart (Point Chart `H") to require that a minimum
amount of "base" locational points be earned in addition to achieving the minimum total
of 60 points.
441 1
December 5, 1995
' Staff has evaluated two alternative approaches to responding to these issues. Staff Recommends
council adoption of Option 1, outlined below.
BACKGROUND:
The phasing criteria were adopted in July of 1994 as amendments to the LDGS point chart. Their
purpose was to improve the proximity of new residential development to services and infrastructure,
and to reduce auto transportation growth, thereby reducing air pollution. The phasing criteria were
adopted as interim regulations. The phasing ordinance charged staff with developing a capital
improvements plan (CIP) and recommendations regarding permanent phasing regulations by
December 31. 1995.
City staff have not yet completed the permanent phasing recommendations and the CIP because
major projects emerged as new priorities after adoption of the phasing criteria (the Harmony
Corridor Moratorium and Superstores Moratorium). A significant re -organization of City service
areas and departments has contributed to the delay as well. Work on City Plan, the update of the
City's comprehensive plan, as well as work on the CIP are now both underway. The CIP and more
permanent phasing policies are scheduled to be completed in 1996. At a minimum, the current
phasing criteria should be extended to allow that work to be completed.
' The second issue that warrants attention at this time relates to open space bonus points. The bonus
criterion for off -site open space dedications (criterion "n ") was written years prior to the adoption
of the Natural Areas Policy Plan. As a result, the language related to how specific parcels are to be
evaluated for acceptance under the criterion is vague, and this has led to confusion and
misunderstanding in reviewing projects that propose to receive points through off- site open space
donations. There is a need for greater clarity regarding how proposed donations would be
evaluated and points awarded under this criterion.
The third issue that has emerged relates to balancing "base" points against "bonus" points in the
Residential Density Point Chart. Recent development proposals received by the City include two
projects that propose to take nearly all their required points from bonus criteria, and none from the
base criteria where proximity to services is measured. These proposals do not respond to the
objective of improving the location of residential projects and assuring that services are available
within a reasonable time frame. The abilityfor a proposal to claim all of the required points from
bonus points appears to be an unintended consequence of the current wording of the LDGS that is
inconsistent with the intent of the point chart generally and the interim phasing criteria in
particular. Some adjustments to the Residential Density point chart to ensure continuation of the
historic practice of projects relying primarily on base points and secondarily on bonus points for
approval should be developed to preserve the integrity of the interim phasing criteria.
442
December 5, 1995
PROPOSED PHASING CRITERIA REVISIONS:
Staff has developed two alternative approaches far responding to the problems outlined above. The
two alternatives are similar in that each proposes to extend the interim phasing criteria for one year
and provide better definition of how off -site open space points would be administered. The
alternatives differ in the way the base points are balanced against bonus points. The major elements
of each alternative are outlined below.
nntion 1 • Extend Clarify, and Require Base Points
Extend Interim Phasing Criteria until Dec. 31, 1996.
This will provide time to complete the phasing recommendations in coordination with City
Plan and the CIP.
Clarify Open Space Bonus Points (criterion "n"):
For parcels proposed as donations that are identified as medium or high acquisition
priorities in the Natural Area Policy Plan, Stormwater Master Plans or the Parks and
Recreation Master Plan, the Director of Natural Resources would make a recommendation
to the Planning and Zoning Board regarding the appropriateness of the donation and award
of points under the criterion.
For parcels not identified in an existing plan as an acquisition priority, both the Natural '
Resources Board and the Parks and Recreation Board will evaluate the parcel and then
make a recommendation to the Planning and Zoning Board regarding the appropriateness
of the donation.
Also, off -site donations would be required to be truly off site, the proposed parcel would
need to be viable from a public use and management perspective, and the applicant would
need to provide assurance of his ability to convey the land.
Require a Minimum of 30 Base Points On the Residential Density Chart
Language would be added to the LDGS to require that out of the total number of points now
required to achieve specific densities, a minimum 30 points be earned from base (locational)
points. Additional base or bonus points would then apply to achieve the total point score
required to support the density proposed by the project. No change in the total point
requirements for specific densities would be made.
Qption 2 • Extend,Cllar(jy and Require Base Points and etve Base Points for Affordable Housing
Er-qiects
Extend Interim Phasing Criteria until Dec. 31, 1996.
See Alternative I above.
443
December 5, 1995
' Clarify Open Space bonus points (criterion "n")
See Alternative 1 above.
Require a Minimum of 40 Base Points On the Residential Density Chart, and give Base Points
for Affordable Housing projects.
Language would be added to the LDGS to require that out of the total number of points now
required to achieve specific densities, a minimum 40 points be earned from base (locational)
points. Additional base or bonus points would then apply to achieve the total point score
required to support the density proposed by the project. No change in the total point
requirements for specific densities would be made.
The point chart would also be revised to allow up to 15 base points be earned by including
a minimum amount of affordable housing in the project. An additional 15 bonus points
could also be earned by including additional affordable housing in proposal.
EVALUATION OF ALTERNATIVES
Each of the alternatives outlined above would address extension of the interim phasing guidelines
and provide clarification to the administration of the off -site open space bonus points criterion.
' Alternative I would preserve the integrity of the interim phasing criteria through requiring that a
minimum of 30 base points be earned. This would have the effect of delaying very poorly located
housing projects until an appropriate mix of services are available to the site. This alternative
would also have the effect of decreasing the relative value of all the bonus points criteria as
incentives to encourage other community goals such as open space donation and production of
affordable housing.
Alternative 2 would also preserve the integrity of the interim phasing criteria through requiring a
minimum number of base points. Alternative 2 would require projects to be somewhat better located
than Alternative 1. Alternative 2 would strengthen the Affordable Housing incentives contained in
the point chart..
Staff evaluated the potential impact of both Alternative 1 and Alternative 2 by re -scoring the point
charts of approved PUDs against these additional requirements. The additional requirements of
Alternative 1 would not have affected any of the 21 residential PUDs that have been reviewed and
approved under the interim phasing criteria. The additional requirements of Alternative 2 would
have affected 2 post phasing PUDs. Each of these PUDs could have achieved adequate base points
under Alternative 2 if approximately 10% of each project was developed as affordable housing.
December 5, 1995
BOARD AND COMMISSION REVIEW I
These proposed revisions were reviewed by the Natural Resources Advisory Board, the Affordable
Housing Board and the Planning and Zoning Board.
Both the Natural Resources Advisory Board and the Affordable Housing Board provided qualified
support for Option 2. Both boards were supportive of strengthening the LDGS incentives for
affordable housing. However, each board also expressed concerns that adequate monitoring and
enforcement mechanisms may not exist to ensure that the affordable components of future projects
are actually built and maintained as affordable housing.
The Planning and Zoning Board supported Option 1, with the modification that the minimum base
point requirements be increased to 40. The Board discussed the merits of Option 2, but felt this
alternative would add a significant new policy dimension to the phasing criteria by placing an
increased emphasizing on the affordable housing criteria. The board felt that consideration of how
to best integrate affordable housing incentives into the LDGS should be addressed through the more
in-depth work on the permanent phasing strategies to be completed in 1996 The Board suggested
increasing the minimum base points required under Option I to 40 because this would strengthen
the importance of the base point criteria.
COUNCIL GROWTH MANAGEMENT COMMITTEE REVIEW '
Staff reviewed these proposed revisions with the Council Growth Management Committee at three
different meetings in October and November of this year. The Committee provided staff direction
regarding the range of alternatives to evaluate and identified specific issues of concern to resolve.,
The Committee was supportive ofproviding additional incentivesfor affordable housing production,
but shared the concern that adequate monitoring and enforcement mechanism exists to ensure that
proposed affordable housing components of projects would be developed in a timely manner if
Option 2 were implemented as proposed. Committee members also expressed concern that Option
2 might have the effect of encouraging affordable housing projects in poor locations where services
are less available. Recognizing the unresolved issues associated with Option 2, the Committee
generally favored Option I as recommended by staff.
SUMMARY OF PUBLIC COMMENTS
Staff distributed a memo summarizing these proposed point chart revisions to the local development
community. The proposed revisions were discussed at a October 26 lunch meeting attended by local
development professionals. A breakfast meeting with members of the original focus group involved
with reviewing the original interim phasing criteria in 1994 was held to further review and discuss
the alternatives.
m
December 5. 1995
' The most significant comments received by staff through this process related to two general
concerns. The first concern is that phasing criteria may significantly limit the supply of developable
land and therefore increase the cost of housing locally and also contribute increased development
activity in adjacent communities such as Windsor and eastern Weld County. The second major area
of concern relates to how the existing contiguity base point criterion is now being applied. Each of
these concerns is addressed in more detail below.
lnventory of Developable Land
Members of the focus group also raised concerns regarding how these proposed revisions would
affect the supply of developable land. Staff has worked with these parties to try to develop better
information regarding the inventory of developable land.
The best information currently available to the City based on County Assessor's data is that there
are now approximately 10,117 acres of combined vacant or agricultural land within the city limits.
This data is known to be flawed and undoubtably overstates the available vacant land to some
degree. Based on a very crude manual analysis, staff estimates that approximately 50% of that land
would score 30 or more base points, about 30% would score 20 base points and 20 percent would
score 10 or fewer base points. Additional base points could be earned by all properties by including
base point land uses within the proposal. Poorly located projects of sufficient size can earn some
base points under the existing criteria by including planned commercial uses, park sites or other
community facilities within the proposal. This ability would not be changed by these proposed
revisions.
Although basic utilities are available to all land within the City limits and to most land within the
Urban Growth Area, the need for off -site street improvements and stormwater drainage facilities
makes land in some parts of the City impractical to develop in the current market. The inventory
of'realistically developable land is further reduced by the intentions of existing land owners. Nearly
all of the vacant land remaining within the city limits has already been master planned to some
extent.
Given these multiple considerations, it is impossible to calculate how much of the land is
developable now under the current phasing criteria, or how much of a change in the inventory would
result if either of these proposed alternatives were implemented.
Contiguity Base Point Criterion ' J" Concerns
Members of the development community have raised concerns regarding how points are now
awarded for contiguity to existing development through residential density point chart criterion `J".
Currently, these points are only awarded to proposals that are contiguous to existing development
within the City limits. Points are not awarded under this criterion for being adjacent to existing
development outside the city limits.
December 5, 1995
The major concern is that it is possible for otherwise well -located projects that appear consistent '
with the intent of the phasing criteria to be denied points through this criterion, thus potentially
delaying reasonable projects. As City development continues to merge with existing county
development, this will become more of an issue. Those concerned by this issue have suggested that
the definition of "existing development" used in criterion ` j' be changed to include existing county
development as well.
Another concern relates to how undevelopable land such as flood plain or natural areas are
considered in application of the criterion. Currently, theretis no automatic adjustment or
consideration given a project in regard to the contiguity points if the only land separating the
project from existing city development is itself not developable. Vacant land separated from existing
development by this kind of land will likely never be able to earn contiguity base points through the
existing criterion. Those concerned with this issue suggest that the contiguity base point criterion
be changed to allow contiguity points to be awarded to projects when separated from existing
development only by undevelopable land.
Staff recognizes that there are examples of existing county developments that are now contiguous
with or even nearly surrounded by City development, and that from a phasing perspective it would
be appropriate to award contiguity points for new projects adjacent these county developments. An
example of one such county development is Imperial Estates, located south of Horsetooth Road and
east of Taft Hill Road. A new project proposing to redevelop parcels immediately west of Taft Hill '
road adjacent to Imperial Estates would not be awarded contiguity points under the existing criteria,
although other base points would be available to a project in this area. However, staff also believes
that there are many examples of county development that are not contiguous to City development
and that from a phasing perspective it would be inappropriate to award contiguity points to projects
adjacent only to these county developments.
Staff recommends that no changes to the contiguity criteria be made at this time, but instead that
contiguity issues be more throughly studied as part of the work on more permanent phasing
strategies to be completed in 1996 In the interim, the option remains available to applicants to
request a variance to the point chart requirements if they feel that their project meets the intent of
the phasing criteria but is denied contiguity points due to either of these issues. It has been the
practice of staff to support this type of variance request in the past. "
Tom Vosberg, CPES Policy Analyst, explained the options presented for Council consideration
related to the short-term growth management measures adopted in August of 1994, commonly
known as phasing criteria. He stated both options would extend and modify the policies and
provided background and an overview of the phasing criteria. He stated staff recommended Option
1.
Councilmember Apt stated the Growth Management Committee had reviewed this proposal two or
three times over several months and had considered the comments from the development community ,
447
December 5, 1995
' and the public and the recommendations from the various boards. The proposal represents minor
fine tuning of the LDGS and an extension of the phasing criteria. He stated the Growth Management
Committee recommended adoption of Option 1.
Councilmember Smith asked why staff recommended Option 1 when two boards preferred Option
2 because of the affordable housing piece.
Vosberg responded that both boards supported Option 2 conditioned on staff providing adequate
information to demonstrate that monitoring and enforcement procedures are in place to ensure that
the components of any project that earned affordable housing base points actually get built. He
stated that the monitoring and enforcement mechanisms are available to projects that receive subsidy
from major federal programs. There are other ways to develop affordable housing for which
monitoring and enforcement mechanisms are not in place. There are other issues related to whether
developments actually build out the way they are approved. Staff has not been able to demonstrate
that the conditions specified by the two boards can be covered.
Councilmember Janett made a motion, seconded by Councilmember Wanner, to adopt Ordinance
No. 161, 1995 (Option 1) on First Reading.
Eldon Ward, Cityscape Urban Design, commented that the interim phasing criteria were intended
to make development be better located. He stated the criteria did discourage several potential
developments in outlying areas, mostly in the northeast part of town. He stated there was not the
hoped for surge of infill development and instead, there was a development surge in western Weld
County. He stated that if development is made more difficult in Fort Collins without providing any
incentives or motivation for infill, outlying development may be discouraged but the desired infill
development may not be achieved. He stated the staff recommendation makes residential
development somewhat more difficult but the logic is understandable.
The vote on Councilmember Janett's motion to adopt Ordinance No. 161, 1995 (Option 1) on First
Reading was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, Smith and Wanner.
Nays: None.
THE MOTION CARRIED.
Items Relating to the Model Energy Code,
Adopted on Second Reading_
The following is staffs memo on this item.
M
December 5, 1995
"Executive Summary
A. Second Reading of Ordinance No. 153, 1995, Amending Sections 5-26, 5-27 and 5-107 of
the Code of the City of Fort Collins Regarding Energy Conservation Construction Standards
for New Buildings.
B. Second Reading of Ordinance No. 154, 1995, of the Council of the City of Fort Collins
Appropriating Unanticipated Revenue in the General Fund Related to the Implementation
of the Proposed 1995 Energy Code Revisions.
Model Energy ode. Ordinance No. 153, 1995, which was adopted 5-1 on First Reading on
November 21, 1995, amends the adopted Building Code by updating the energy conservation
standards it references. This ordinance also adopts the MODEL ENERGY CODE, 1995 EDITION,
with local amendments, and covers all new buildings and new portions of existing buildings. The
current standards are based on the "1986 Edition" of the Model Code. The effective date of the new
Code is set for July 1, 1996.
A,21ropriation of Unanticipated Revenue. The City, having "pursued adoption of a progressive
Residential Energy Code (based on the 1992 or newer version of the MEC) ", has been approved as
the recipient of a State funded grant in the amount of $90,000 for the implementation, evaluation,
and testing of the City's proposed new Energy Code package (based on the 1995 MEC) contained '
in Ordinance No. 153, 1995, which was unanimously adopted on First Reading on November 21,
1995. The finds will be spread over a two-year period providing key contractual support services
toward implementation of the pending new Energy Code. "
Chief Building Official Felix Lee briefly recapped points raised at First Reading on November 21.
He stated the added cost needed at closing due to the new energy features are expected to be
recovered in about four years because of overall savings from accrued energy bills. A modest annual
savings should be realized based on operating costs plus the debt service over the entire life of the
home. He clarified that a blower door test was added as an alternative to a rigorous prescriptive air
sealing requirement. He stated the Code does not require advanced duct sealing measures except
in areas where ducts pass through unconditioned space such as an attic. He stated staff remains
convinced that evidence supports the elimination of foundation vent requirements in favor of an
effective ground cover membrane. He spoke of new basement and crawl space insulation
requirements as critical components to a building's overall energy conservation strategy. He stated
staff is convinced that this ordinance is one of the most thought-out, researched, self -financed energy
codes in the state.
Councilmember Apt made a motion, seconded by Councilmember Janett, to adopt Ordinance No.
153, 1995, on Second Reading.
449
December 5, 1995
Mike Sutton, 1601 Windsor Court, Building Review Board Chairperson, spoke of the Board review
and stated the Board majority recommended adoption of the Model Energy Code as presented with
local amendments.
Tom Sibbald, 725 Bonita Ave., Affordable Housing Boardmember, spoke of the effects of the
proposal on entry level housing. He stated all single family home production will be more costly but
greater impacts will be felt by entry level buyers who will be forced out of the community. He urged
a vote against the proposal.
Jeff Eighmy, 737 Dennison Avenue, Electric Board representative, stated energy code updates have
been on the Electric Board workplan and agenda. The Board believes the Energy Code package is
a proactive approach to achieve energy efficiency and supported the ordinance as a balanced proposal
and a good foundation for the future.
Bob Browning, Habitat for Humanity volunteer, spoke of the increase in cost of Habitat homes over
the past four years. He stated because of the increased cost, many families cannot qualify for Habitat
housing. He stated families must be able to get into a home to be able to realize energy savings over
the long term. He asked that single-family homes be exempts from the new regulations.
John Meleski, 2619 Featherstar Way, Building Review Boardmember, spoke of Code provisions
relating to window area and suggested that requirement be eliminated. He expressed concern about
basement insulation requirements and asked that the ordinance be defeated.
Greg Bever, 1413 Barberry Dr., local contractor, expressed concern about the cost of basement
insulation requirements.
Bill Bartran, Bartran Homes, 2619 Bison Rd., stated he had volunteered several of his homes as test
homes for basement insulation projects. He stated required basement insulation will be torn off and
thrown away as basements are properly finished in the future. He supported the other Energy Code
provisions but opposed the basement insulation requirements as a poor long term solution. He
suggested the dollars could be spent in other ways.
Energy Services Engineer H Doug Swartz, stated basement heat loss is one of the biggest individual
components in home heat loss, typically 15-35%. He emphasized that not insulating the basement
means builders have to implement energy measures in other areas to achieve the same energy
conservation results. He described the final phase fiberglass blanket drape method of basement
insulation as the least expensive and spoke of other options such as foam form foundations products
placed on the exterior of the basement wall. He stated checks with other jurisdictions have found
that damage to the blanket drape by the housing users has not been a problem. A nylon reinforced
vinyl cover is available at approximately $.02 a square foot.
' Councilmember Janett stated housing is around for a very long time and a front end investment in
energy savings has a permanent benefit.
450
December 5, 1995
The vote on Councilmember Apt's motion to adopt Ordinance No. 153, 1995, on First Reading was '
as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Councilmember Kneeland made a motion, seconded by Councilmember Smith, to adopt Ordinance
No. 154, 1995, on Second Reading. The vote was as follows: Councilmembers Apt, Azari, Janett,
Kneeland, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Ordinance No. 162, 1995, Amending the Code
and Setting the Compensation of the
City Attorney, Adopted on First Reading.
The following is staffs memo on this item.
"Executive Summarx
City Council met in Executive Session to conduct the performance appraisal of City Attorney Steve
Roy. This ordinance establishes the 1996 salary of the City Attorney.
BACKGROUND: I
City Council is committed to compensating employees in a manner which is fair, competitive and
understandable. The goal as an employer is to attract and retain quality employees and to
recognize and reward quality performance.
In order to accomplish this goal the City Council and the City Attorney meet once a year to discuss
last year's performance and set goals for the coming year.
In 1995, the Total Compensation paid to the City Attorney included the following:
SALARY AND BENEFITS
ANNUAL
Base salary:
$ 84,000
Medical Insurance
4,752
Life Insurance:
202
Long Term Disability:
277
Dental Reimbursement:
138
Pension: ICMA 401(a) &
ICMA 457
10,920
'
451
December 5, 1995
' FICA 5,012
Non -Monetary Benefits
Vacation: (25 days per year)
Holidays: (II days per year)
Total Monetary Compensation = $105,301 "
Councilmember Smith made a motion, seconded by Councilmember Wanner, to adopt Ordinance
No. 162, 1995, on First Reading, inserting in the appropriate places, $87,780 as the base salary and
$109,733 as total compensation. The vote was as follows: Yeas: Councilmembers Apt, Azari,
Janett, Kneeland, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Ordinance No. 163, 1995, Amending the Code
and Setting the Compensation of the
City Manager. Adopted on First Reading
The following is staffs memo on this item.
"Executive Summary
City Council met in Executive Session to conduct the performance appraisal of City Manager John
Fischbach. This ordinance establishes the salary and compensation provided the City Manager.
BACKGROUND:
Ciry, Council is committed to compensating employees in a manner which is fair, competitive and
understandable. The goal as an employer is to attract and retain quality employees and to
recognize and reward quality performance.
In order to accomplish this objective the City Council and the City Manager met to discuss and set
his goals for the coming year.
In 1995, the Total Compensation paid to the City Manager included the following:
SALARYAND BENEFITS ANNUAL
Base salary: $ 98,715
Medical Insurance: 4,752
' Life Insurance: 237
Long Term Disability: 326
452
December 5, 1995
Dental Reimbursement:
138
'
Pension: ICMA 401(a) &
ICMA 457
12.833
FICA
5,225
Non -Monetary Benefits
Vacation: (20 days per year)
Holidays: (II days per year)
Total Monetary Compensation =
$122,226"
Councilmember Smith made a motion, seconded by Councilmember Wanner, to adopt Ordinance
No. 163, 1995, on First Reading, inserting in the appropriate places, $102,170 as the base salary and
$126,283 as total compensation. The vote was as follows: Yeas: Councilmembers Apt, Azari,
Janett, Kneeland, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Ordinance No. 164,1995, Amending the Code
and Setting the Compensation of the
Municipal .fudge Adopted on First Reading.
The following is staffs memo on this item. '
"Executive Summary
City Council met in Executive Session to conduct the performance appraisal of Municipal Judge
Kathleen M. Allin. This ordinance establishes the 1996 salary of the Municipal Judge.
BACKGROUND:
City Council is committed to compensating employees in a manner which is fair, competitive and
understandable. The goal as an employer is to attract and retain quality employees and to
recognize and reward quality performance.
In order to accomplish this goal the City Council and the Municipal Judge meet once a year to
discuss last year's performance and set goals for the coming year.
In 1995, the Total Compensation paid to the Municipal Judge included the following:
SALARY AND BENEFITS ANNUAL
Base salary: $61,177 '
Medical Insurance 4,752
453
December 5, 1995
'
Life Insurance:
147
Long Term Disability:
202
Dental Reimbursement:
138
Pension: ICMA 401(a) &
ICMA 457
7,953
FICA
4,681
Non -Monetary Benefits
Vacation: (25 days per year)
Holidays: (II days per year)
Total Monetary Compensation = $79,050'
Councilmember Smith made a motion, seconded by Councilmember Kneeland, to adopt Ordinance
No. 164, 1995, on First Reading, inserting in the appropriate places, $63,624 as the base salary and
$81,951 as total compensation. The vote was as follows: Yeas: Councilmembers Apt, Azari, Janett,
Kneeland, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Items Related to the Amended Zoning and Rezoning of
Two Parcels of Land in the Harmony Corridor Known as
the Harmony Office Park Partnership and
the Keenan/Glass Property. Postponed to January 16, 1996,
These ordinances were adopted on First Reading on November 21, 1995. The applicants have
requested that consideration on Second Reading be postponed until January 16, 1996.
Councilmember Wanner made a motion, seconded by Councilmember Smith, to postpone
consideration of the Second Reading of Ordinance Nos. 146, 1995, and 147, 1995, until January 16,
1996. The vote was as follows: Yeas: Apt, Azari, Janett, Kneeland, Smith and Wanner. Nays:
None.
THE MOTION CARRIED.
Other Business
Councilmember Smith spoke of First Night, a trademark name used by an organization to create
celebrations that occur on December 31 and carry into the first hour of the new year. The intent is
to provide a non-alcoholic alternative for cities to celebrate their existence and their communities.
A group is organizing this activity with the objective of having a First Night 1997 occurring on
' December 31, 1996.
454
The meeting adjourned at l L30 p.m.
ATTEST:
�O.
City Clerk %
Adjournment
455
Mayor `. #roTem
December 5. 1995