HomeMy WebLinkAboutCommunity Development Block Grant Commission - Minutes - 02/12/1998•
City Council Liaison:
Staff Liaison:
Commission Chair:
CDBG COMMISSION
MEETING MINUTES
February 12, 1998
Bill Bertschy
Ken Waldo
Holly Sample
The meeting of the CDBG commission began at 6:30 p.m. in the City Council
Chambers, 300 West Laporte Avenue, Fort Collins, Colorado. Commission members
present included: Holly Sample, David Gordon, Phil Majerus, Tim Ostic, Andy Smith,
and Joe Zimlich. Linda Coxen, Al Flores, Violet Guthrie, Bobbie Guye, and William
Steffes arrived later. Staff members present: Ken Waldo, Jackie Davis, Bob Smith,
Julie Smith, Ann Watts, and Mary Hile.
Approval of minutes
Moved by Mr. Zimlich, seconded by Mr. Majerus: To approve the minutes of
January 8, 1998. Motion passed unanimously.
Habitat for Humanity - Restriction Waiver
Mr. Waido stated that Habitat for Humanity was asking for a blanket waiver from the
Commission of the program's 20-year affordability restriction requirement, in favor of
Habitat's own policy. Each year, Habitat has come before the Commission with a waiver
request, and the Commission has granted it. Therefore, Habitat is requesting an
ongoing waiver on the condition that they apply the same methodology to their projects
to ensure ongoing affordability. Mr. Waldo noted that Bob Browning, President of
Habitat, was present to answer any questions.
Moved by Mr. Gordon, seconded by Mr. Ostic: To waive the 20-year affordability
restriction for Habitat for Humanity. Mr. Gordon noted the good track record and
level of integrity of the organization. It was noted that this topic has been discussed
extensively in the past. Motion carried unanimously.
Neighbor to Neighbor
Ms. Davis noted a letter received from Neighbor to Neighbor requesting that the
$145,000 originally approved for the house move be reprogrammed for housing
acquisition. Ms. Davis stated her belief that Neighbor to Neighbor was seeking to
acquire an existing project and allow for attrition to make units available. $10,000 was
used for the down payment for the house. That needs to be returned, and the entire
$145,000 would be used as down payment for the project.
CDBG Commission Meeting - Minutes
February 12,1998
Page 2
Moved by Mr. Zimlich, seconded by Mr. Gordon: To approve the change in project
requested by Neighbor to Neighbor. Mr. Zimlich noted that the change in project
does not change the intent of the funds, i.e., to obtain housing stock for low-income
people. Motion approved unanimously.
Old Business
Attendance and voting. Mr. Waido stated that the issues raised by the Commission in
its last hearing had been forwarded to the City Attorney for comment. The Staff was not
prepared for a full discussion on the issue due to the anticipated length of the public
hearing. The Staff analysis will be completed for the March meeting.
Conflict of interest. The Commission received a letter from the City Attorney regarding
this issue. Mr. Flores' involvement is restricted from participating in the Neighbor to
Neighbor applications. The appearance of a conflict of interest can sometimes reflect
as adversely as a true conflict of interest; it will be up to Mr. Flores to decide whether
he can be objective in reviewing, discussing, and voting on the entirety of the
applications.
The Commission recessed and reconvened at 7:00 p.m., the time set for the public
hearing.
Public Hearing
Ms. Sample outlined the salient points of the meeting: The request for needed funding;
the resulting reduced request; analysis by Staff and presentation of their
recommendations; comments to be presented by the public; and discussion and voting
by the Commission.
Staff presentation
Mr. Waido noted the history of the funding request of $47 million and the resulting
award of $511,740. Typically in CDBG funding, the Commission is required to pare
down $2-3 of funding requests per every $1. Tonight's meeting will involve $92 of
requests for every $1 to be awarded. Tough choices will need to be made.
City Staff formed a Flood Mitigation Subcommittee, headed by Tess Heffernan, who is
spearheading the City's flood recovery program. Other members include Glenn Levy
of the Poudre Fire Authority, Bob Smith and Marsha Hilmes of the Storm Water Utility,
and Jackie Davis from the CDBG program.
In addition to recommendations, Staff did a ranking of applicants using traditional
CDBG Commission Meeting - Minutes
February 12,1998
Page 3
CDBG criteria to facilitate the Commission's review.
Staff recommendations are as follows:
$180,000 for tenant -based rental assistance. This was requested by the Fort
Collins Housing Authority. This would continue the current program funded by the
State, FEMA, and a variety of sources. This funding level would continue 30 families
for 12 months. If this recommendation is adopted, Staff recommends placing conditions
on the families to ensure that they actively pursue, through housing counseling or case
management, permanent housing situations.
$4500 to Albertson Clark Associates, who prepared the action plan. An action
plan is required by HUD.
$300,000 to a flood -proofing grant and loan program, to be managed by the
Storm Water Utility Department. This program would offer grants and funding on a
sliding scale for flood -proofing or mitigation work. Very low income families could
receive 100% in grants; at the upper income level, low -interest loans could be made.
Bob Smith has affirmed the need for this program in low-income neighborhoods that
lie in the 100-year floodplains.
$27,240 to program administration. The City will need a special effort to
administer this program.
Staff is not requesting that the funding go to major capital storm drainage projects. Far
too much damage exists for this level of funding to have any impact. Should FEMA
funds be realized, those moneys could then be used in areas that have a lower
probability of flooding than the areas envisioned as targets for the $300,000 allocation.
Mr. Waido noted that the emergency notification systems and most of the public facility
storm water improvements were withdrawn from consideration because the level of
funding would not have a meaningful impact on those programs. The request for down
payment assistance scored high, but HOME currently has $300,000 in place for that
program. Land acquisition for housing was considered, but current programs are
already struggling to find suitable and affordable sites. The Staff felt that flood -proofing
would be a much better expenditure than the emergency housing rehabilitation.
In response to questions by the Commission, Staff noted that, under their proposal, any
excess funds remaining from the rental assistance program would be reprogrammed
to the CDBG program. The current levels of funding per family would remain constant
under this proposal. HOME does not have the capability to administer the flood -proofing
program; that would be done by Storm Water Utility. Flood -proofing would be used on
structures that had been damaged, to prevent future damage.
CDBG Commission Meeting - Minutes
February 12,1998
Page 4
Ms. Sample opened the hearing to public comments.
Craig Pastor, from the Avery Park Neighborhood Association, expressed regrets at the
level of funding being seen and respect for Staff work on the proposals. He reviewed
the history of the Avery Park area; the initial assurances when the area was first built
that it enjoyed 100-year flood protection; developments in surrounding areas which
reduced that protection to under a 50-year level; and the damage to the neighborhood
on July 28 by direct flooding and sewage backup.
Mr. Pastor stated that the work needed to improve the drainage basin to bring the
neighborhood back up to 100-year flood protection was estimated at $6.2 million. About
$330,000 is raised per year through fees and taxes. The neighborhood needs better
protection in place as soon as possible. Although 100-year protection may not have
been effective for the July 28 storm, the neighborhood is concerned about preventing
other flooding from occurring in the future. Although houses could be flood -proofed, it
would be more effective to put that same money into more effective drainage of storm
waters.
Mr. Pastor stated that many people in the neighborhood are facing serious problems
from the standpoint of a 40- or 50-year flood. Many people are considering leaving,
viewing the neighborhood as a flood -prone area with no protection. There are many
rentals, and some landlords are not being responsible, in that they are not cleaning out
units properly before renting them again. Mr. Pastor expressed concern over all the
issues and asked the Commission to consider the neighborhood's problems and needs.
In response to questions by the Commission, Mr. Pastor stated that he did not know the
funding amount that the neighborhood was requesting. Bob Smith and Dave
Baumgartner, an upcoming speaker, would comment on that figure.
Nina Rubin and Bill Peck spoke on behalf of the Resource Coordination Committee.
The Committee has provided over $100,000 in direct assistance to flood survivors, the
majority of the funding going to housing assistance. The additional funding of the
program in question is needed to support families who need affordable housing.
The Resource Coordination Committee works in conjunction with other area
organizations, particularly Neighbor to Neighbor and Catholic Charities. Around 27
families are still living in housing subsidized by emergency relief funding. The
Committee meets weekly to discuss how to assist families in moving to a permanent
housing situation. The Committee strongly suggests that any leftover funds from the
proposed program be used to help replace affordable housing lost in the flood.
In response to questions by the Commission, Ms. Rubin and Mr. Peck stated that the
Committee was working with the Housing Authority and Neighbor to Neighbor to identify
CDBG Commission Meeting - Minutes
February 12,1998
Page 5
potential housing. There is still a strong need for housing rehabilitation. Many people
will not know the true extent of structural damage for a while.
Beth Cross, Case Manager from Neighbor to Neighbor, stated that the people with the
fewest resources are sustaining the greatest losses. With a minimal amount of funds,
the money needs to be maximized as much as possible. She is working with
households that have been displaced and lack resources to obtain permanent housing
elsewhere. Case management and counseling is needed so that the problem can be
resolved before interim funding runs dry.
Ms. Cross stated that, with the closing of Pioneer and the destruction of mobile homes
by the flood, Fort Collins has lost over 300 of its most affordable housing stock. Unless
that stock is replaced for families making $12,000-15,000 per year, the affordable
housing crunch in Fort Collins will only grow worse.
Neighbor to Neighbor has seen a few households coming forward for damage
assistance, but not many. Although families may be loath to tap into equity loans or
other resources to repair damaged houses, that approach is still available. Low-income
families can apply to the Larimer Home Improvement Program, which assists in home
improvement for households at 80 percent or less AMI.
David Baumgartner, from the Avery Park Neighborhood Association, stated that the
primary drainage for the neighborhood is the New Mercer Canal, Avery Park Pond, and
the Clearview Drainage Ditch. The area may have never been at the 100-year flood
protection level. With the current capacity of the New Mercer Ditch, it may be lacking
even ten-year protection. In addition, Clearview Ditch is receiving new water from
developments ongoing around Overland Trail.
Mr. Baumgartner suggested that the first line of defense against a repeat of July 28,
rather than flood -proofing, is the New Mercer Canal and its ability to move water to the
south, through the Spring Creek floodplain, which has been improved and developed.
The New Mercer improvement is already a high priority for Storm Water Utility. Mr.
Baumgartner asked the Commission to consider whether the money recommended for
flood -proofing could be better spent in increasing the capacity of the New Mercer Canal
from Elizabeth Street to Prospect Street.
In response to questions by the Commission, Mr. Baumgartner and Staff noted the cost
of the requested improvements to be $207,495. No homeowner association funds have
been allocated to the project, as this association is a voluntary neighborhood
association that does not collect dues.
Sister Mary Alice, director of CARE Housing, urged the Commission to consider the
people most in need of the funds. Fort Collins has done a very good job of coordinating
CDBG Commission Meeting - Minutes
February 12,1998
Page 6
all its available resources and needs to continue in that effort. Long-range solutions are
needed. The families left on rental assistance need the counseling that Ms. Cross
suggested. However, the situation of people who make $300 a month living in housing
worth $650 a month will soon be untenable.
Sister Mary Alice acknowledged the difficulty of the decision facing the Commission and
asked that they place people's needs first. She stated that long-term solutions rather
than band -aid approaches be used. Many housing providers had a meeting yesterday,
and they will be offering an alternative to the City's proposal. They are not critical of
Staff's efforts but wish to make their own views known.
Rusty Collins, Director of Neighbor to Neighbor, stated that he and Sister Mary Alice are
co-chairs of the Affordable Housing Coalition of Larimer County. The Coalition is
comprised of over 40 entities from all sectors of housing. Staff made a presentation at
the Coalition meeting yesterday, and Mr. Collins complimented Staff for their work.
Following that presentation, the Coalition formulated its own recommendations to make
to the CDBG Commission.
Mr. Collins stated that the highest priority was the creation of continued permanent
affordable housing stock. He reiterated Beth Cross' statement concerning the reduction
of affordable stock. A multi -unit building could perhaps be acquired devoted to housing
flood -displaced families. As attrition occurred, units would be made available for other
families in need of affordable housing. Other things could be accomplished, such as
condominiumizing or producing rent -to -own units, or concepts where capital investors
could retain interest in equity to make a unit affordable.
Mr. Collins outlined the next priority, to continue tenant -based rental assistance, in
concert with proper case management. He noted Parkinson's Law, as exemplified by
the Pioneer situation, where people will expand what they need to do over the time
allotted to them. Families need to be benchmarked and monitored in their situations to
ensure that they diligently seek and are able to find more permanent housing situations.
The next priority cited by Mr. Collins was to target resources to those people with the
greatest amount of need and the least amount of resources, i.e., those families
impacted by the flood who are currently in temporary housing.
The last recommendation of the Coalition is offered in support of the flood -proofing
grants and loans.
Mr. Collins noted that Fort Collins has always responded to disasters, whether from the
Poudre River overflowing or the Dust Bowl days of the '30s. As director of Neighbor to
Neighbor, Mr. Collins outlined three illustrations of this:
CDBG Commission Meeting - Minutes
February 12,1998
Page 7
A family in Laporte had damage to their double -wide that exceeded the value of
the home. Ms. Cross case -managed this situation. Through publicity in Fort Collins, a
Colorado Springs doctor contributed a mobile home, a value of $45,000. Ms. Cross
presented the plan to the RCC Committee, who provided the funds to move the mobile
home to a permanent foundation in Laporte.
A disabled woman had her trailer destroyed in the flood. She moved to
temporary housing but needed to stay close to her doctor because of her illness.
Through case management, assistance from the HOME program, she has purchased
a townhome and has improved her living situation from the time before the flood.
A disabled woman lived in the upstairs of a home and rented the downstairs to
provide needed income. The flood destroyed the three -bedroom apartment downstairs.
$18,000 was needed for repairs. Ms. Cross, the RCC Committee, and ServiceNet,
acquired volunteer assistance that reduced the cost to $3,000. The woman once again
has income from her unit.
Neighbor to Neighbor has become experts by default on relocation issues as a result
of the Pioneer situation. It has been asked to provide counseling support for the flood -
displaced families, but it will need to have a full-time employee to do so. The Colorado
Division of Housing has expressed its support and received $5,000 from the Anschutz
Foundation in Denver. The RCC Committee locally contributed another $10,000.
Another $2,000 was received from a bar owner in Loveland. This $17,000 has paid for
counseling for six months. Mr. Collins requested an additional amount from the
Commission to continue the counseling efforts.
Mr. Collins distributed a handout detailing the recommendations from the Coalition. The
request for counseling funds is from Neighbor to Neighbor; total funds needed for one
year is $30,000, of which $17,000 has already been contributed. He added that some
funds might be earmarked towards acquisition of a 20-unit type of structure, to house
flood -displaced families.
Gary Vette, from the Woodbox Condo Board of Directors and the Avery Park
Neighborhood Association, stated that Avery Park was developed in the mid-1960s and
currently has approximately 600 housing units. Some of the permanent housing is HUD
homes that would benefit from the City expenditure for flood -proofing.
Mr. Vette asked if HUD provided the Commission with any reasoning for the
appropriation of $511,740. Ms. Sample noted that Staff would be asked that question
at the end of the public hearing.
Shelley Stephens, of the Fort Collins Housing Authority, spoke at length, thanking the
Commission for its diligent efforts and noted that the CDBG appropriation of $375,000
CDBG Commission Meeting - Minutes
February 12,1998
Page 8
for the Via Lopez project will be coupled with other funding from the Federal Home
Loan Bank, the Colorado Division of Housing, and HOME funds, to result in a
groundbreaking on March 5. She invited the Commission to attend. The project
encompasses 33 modular homes, 11 of which are earmarked for flood -displaced
households. Occupancy is anticipated by June or July.
The Housing Authority is looking at the gap period of time that these households are
in rental situations. Around 30 households are currently receiving rent subsidies, many
of which are in excess of $500/month, indicating a permanent affordability level of
$200-300/month. Some of these households can never qualify for home ownership. Ms.
Stephens expressed a desire that all these households work with Neighbor to Neighbor
for case management and housing counseling, as that resource is indisputably
required.
Ms. Stephens expressed concern for the renters who will not be able to achieve home
ownership or market -rent rentals. Ms. Stephens noted the length and duration of the
waiting list that the Housing Authority currently has. The Housing Authority is
considering suspension of applications due to the length of time before persons who
need to be served can find an opening. The short-term subsidized renter will remain in
that fashion until long-term affordable housing is addressed.
Ms. Stephens noted a concern as well for landlords who waived screening and
qualification in order to help meet the emergency, who now find themselves in
untenable tenant relationships as a result.
Ms. Stephens noted the current situation facing the 30 families on tenant -based rent
assistance. Via Lopez will be the least inexpensive place available when it is finished.
Ms. Stephens once again thanked the Commission for its diligence and urged them to
consider people who were not present at the meeting who nevertheless had a need for
the Commission's concern, sensitivity, and funding recommendations.
Frank Goss stated that he lives in the Avery Park neighborhood, with his back yard next
to the New Mercer Ditch. Although his house did not sustain much damage, many other
neighborhood homes were hard hit. He stated that an allocation of $300,000 to flood -
proofing is addressing a very small part of the problem. Upgrading the drainage area
would achieve much more and have a greater effect on the community, helping more
people within the entire drainage basin.
Steve Wilson stated that his house was in the flood. He drew a distinction between
secondary intervention, of responding to the effects of the flood, and primary
intervention, preventing future flooding. He related some of the effects of the flood that
he witnessed. Although rehabilitation can be accomplished, he stated that without
preventive action, a devastating problem will happen again.
0
CDBG Commission Meeting - Minutes
February 12,1998
Page 9
No other speakers came forward. Ms. Sample forwarded the question to Staff of
whether HUD had presented any rationale with its award of funding. Mr. Waido stated
that funding was received from the HUD Secretary's discretionary fund for natural
disaster relief. The bulk of that funding went to North Dakota. Montana and 12 other
counties in Colorado also have received relief funding. Staff did not protest the amount
of funding; whatever amount HUD awarded was appreciated.
Ms. Sample closed the public hearing portion of the proceedings and invited questions
or comments by the Commission.
Staff made the following comments in response to Commission questions:
The term of 12 months for additional tenant -based subsidies was chosen
as a sufficient time to allow the subject families to find suitable,
permanent housing. Lower levels of funding can result in fewer families
or lesser times.
Staff evaluated funding permanent housing. The question of level of
funding was troublesome. Had Staff been aware of the Affordable
Housing Coalition's recommendation, the recommendation would have
received strong consideration and probably been included.
Avery Park is online for improvements in its drainage basin. Every
property in the city is in a drainage basin. Fees are collected for
improvements. The improvements are noted in the basin master plans.
New Mercer Canal is a priority; undercurrent funding, it is scheduled for
improvements in 2003. Improvements have been made at the Shield
Street bridge and in Red Fox Meadows. Those systems had to be built
in order to carry the drainage that will occur from the improvements to be
made upstream.
Since the flood, Storm Drainage has been reviewing improvements to be
made in several basins and potential HUD and FEMA funding. Whether
funding is received will reflect directly on the improvements and the
speed at which the are to be accomplished. If improvements are targeted
for one drainage basin, another will suffer. The idea of flood -proofing
arose as a means to help people at risk city-wide rather than in one
basin.
Avery Park has a definite need for drainage improvements.
Improvements are identified for both the Mercer Ditch and Larimer No. 2
Ditch. Storm Water is preparing a package delineating improvement
needs and financial wherewithal. Council will make a decision on these
CDBG Commission Meeting - Minutes
February 12,1998
Page 10
issues in April or May. A similar analysis is being made of the Old Town
Basin. Many homes were damaged in that basin as well.
The improvements online for 2003 may be possibly accelerated. Better
drainage in the Avery Park neighborhood will not negatively affect
downstream drainage, because downstream improvements were made
first. Storm Water does not have an estimate of the number of families
affected by the improvements in the Avery Park area.
The $300,000 that is collected is used for capital improvements and/or
debt service. Minor capital is used for localized drainage problems, such
as an intersection that is not draining properly. Remaining funds are
banked for future projects.
There is no HUD direction on how priority is given to the funding. Any
funding directed to a specific project would be awarded after a plan is
presented and approved. No project would receive a blank check. If the
money is allocated to the New Mercer canal improvements, it would be
allocated for that project. If it was directed to another project, it would be
used to fund that project.
Staff could track the households within the Avery Park area that are low-
income that would benefit from flood -proofing funding. Overall, the area
would qualify due to the number of student households present. The level
of grants, rebates, or loans, would be directly related to the income of
specific applicants. Applicants would be recruited through the newspaper,
press releases, and other advertising. Many potential applicants have
already contacted Storm Water.
The New Mercer improvements are estimated at $207,000. A substantial
contribution to that improvement would accelerate the schedule.
Staff generally looks to have a project completed within 12 months of
funding and has an enviable track record of performance under HUD
standards. Any award should address the HUD guidelines to: benefit
lower -income persons; eliminate slum and blight conditions; address
urgent community development need posting threats to community safety
and welfare. Less than one percent of HUD funding has traditionally been
used in the last category. HUD is believed to be receptive to granting a
waiver on low- and moderate -income benefit percentages. A discussion
ensued as to whether project completion could be achieved in 12 months.
Any reduction in funding for grants and loans would also reduce
CDBG Commission Meeting - Minutes
February 12,1998
Page 11
administration costs commensurately. Drainage is generally a
neighborhood issue rather than a single -home issue. However, flood -
proofing addresses the problems of homes within a neighborhood that
are particularly vulnerable to flood conditions, even with improved
drainage.
The City has reviewed the possibility of addressing some of these needs
with general fund revenues. If required, the $4500 and Storm Water
administration funding could be realized elsewhere. Specific gradations
of income would need to be addressed to determine who would receive
grants and who would receive loans for flood -proofing.
Moved by Mr. Zimlich, seconded by Ms. Coxen: To recommend the following
funding:
$150,000 allocated to tenant -based rental housing, with a requirement that
recipients participate in case management prior to receiving any
rental subsidies;
$ 30,000 allocated to case management costs;
$ 4,500 allocated to the flood recovery plan;
$150,000 allocated to the New Mercer Canal improvements;
$150,000 allocated to flood -proofing grants and loans;
$ 27,240 to be divided between actual necessary costs of administration,
with the remainder allocated to flood -proofing grants and loans.
In support of his motion, Mr. Zimlich noted an accepted need for ongoing
housing counseling and case management. The shift from the Staff proposal to the
New Mercer improvements is made based on public input and focusing funding on a
specific target with a severe need.
In response to questions concerning the focus on one drainage basin as
opposed to others, Mr. Zimlich cited his personal opinion and views of the news of the
flood, impressions of where the greatest damage occurred, and public input in this
night's hearing as well as the previous meeting.
In response to a question, Bob Smith stated that each basin is set up with its
own funding source; the highest priorities of the basins are set within those basins. Mr.
Flores supported the worthiness of the New Mercer Canal as a funding target
considering the level of flood damage. In response to a question from him, Bob Smith
stated that $150,000 would constitute a substantial step toward that project and move
its completion to the winter of 1999-2000. Mr. Waido expressed a concern that this
timetable would present 18 months to project funding rather than the 12 preferred by
HUD guidelines.
CDBG Commission Meeting - Minutes
February 12,1998
Page 12
In response to Commission questions, Bob Smith stated that if the entire
$207,495 were funded, completion could probably be moved to the spring of 1999.
Amendment offered by Ms. Sample: To amend the funding requests between
flood -proofing and New Mercer Canal improvements in order to fully fund the
New Mercer Canal improvements of $207,495. Amendment accepted by Mr.
Zimlich and Ms. Coxen.
Mr. Flores expressed a concern that had the brunt of the July 28 storm focused
elsewhere, or should future storms focus elsewhere, that other unimproved basins
would then see similar devastation. Bob Smith stated that the flood occurred as a result
of storm placement; other areas may not see the same type of damage with a similar
storm. He agreed with Andy Smith that the proposed improvements to the New Mercer
Canal would not bring the basin up to a 500-year level of protection but the standard
100-year level that is seen in other areas within the city.
Motion passed unanimously.
Upon motion by Mr. Steffes and unanimous vote, the meeting adjourned at 9:10 p.m.