HomeMy WebLinkAboutMINUTES-06/01/1999-RegularJune 1,1999
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:00 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, June 1, 1999, at
6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered
by the following Councilmembers: Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and
Weitkunat.
Staff Members Present: Jones, Krajicek, Roy.
Citizen Participation
Yolanda C. Nicely, 517 East Trilby Road #103, spoke regarding the importance to local companies
of a viable, safe and permanent truck route within the City limits.
Citizen Participation Follow-up
Councilmember Mason spoke regarding the study done with regard to the trucks passing through
Fort Collins and the intent to move interstate truck traffic, not local truck traffic, to I-25.
Councilmember Weitkunat noted that the truck industry has been included in the discussions
regarding the truck bypass.
CONSENT CALENDAR
7. Second Reading of Ordinance No. 81, 1999, AyprOpriatinQ Proceeds from the Issuance of
City of Fort Collins, Colorado, Stormwater Utility Enterprise, Storm Drainage Revenue
Bonds, Series 1999, Dated June 1, 1999, in the Aggregate Principal Amount of $20,060 000
and Appropriating Unanticipated Revenues in the Storm Drainage Fund for Bond Debt
Service.
Ordinance No. 81, 1999, was unanimously adopted on First Reading on May 18, 1999, and
appropriates bond proceeds in the Storm Drainage Fund for the acquisition and construction
of storm drainage improvements and the cost of issuing the bonds as well as amounts to pay
debt service on the bonds in 1999.
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June 1, 1999
8. Second Reading of Ordinance No. 82, 1999, Authorizing the Mayor to Execute a Quit Claim
Deed Dedicating to the Colorado Department of Transportation Certain Portions of the
AccessRi is -of -way on Harmony Road Adjacent to Harmony Technology Park First Filing.
Ordinance No. 82, 1999, was unanimously adopted on First Reading May 18, 1999 and
dedicates additional right-of-way to the Colorado Department of Transportation for access
right-of-way for future widening of the south side of State Highway 68 (Harmony Road)
from County Road 9 east to Cambridge Drive. This new right-of-way is in addition to that
dedicated with the Harmony Technology Park First Filing Plat.
9. Second Reading of Ordinance No. 83, 1999, Appropriating Prior Year Reserves in the
General Employees' Retirement Fund.
Ordinance No. 83, 1999, which was unanimously adopted on First Reading May 18, 1999,
appropriates funds to accommodate separated vested employees who have elected to take
single sum payments from the GER Plan, thus terminating their membership in the GER
Plan. Ordinance No. 83, 1999, also authorizes a $250,000 appropriation for the employees
hired in 1998 who have elected to convert their GER Plan benefits to the ICMA Money
Purchase Plan.
10. Second Reading of Ordinance No. 84, 1999, Appropriating Prior Year Reserves and
Unanticipated Revenue in the General Fund for Promotion of Convention and Visitor
Activities and for Cultural Development and Programming Activities.
Ordinance No. 84,1999, which was unanimously adopted on First Reading on May 18,1999,
appropriates 1998 lodging tax receipts dedicated to the Convention and Visitors Bureau,
Cultural Development and Programming (CDP), Visitor Events, and Tourism Capital.
11. Second Reading of Ordinance No. 85, 1999, Authorizing Dedication of Certain Property for
Public Highway iway to Improve Access to the Larimer County Landfill.
Larimer County plans to construct a new access to the Landfill approximately 700 feet south
of the existing access. In conjunction with the project, additional right-of-way is needed to
accommodate safety improvements in the form of turn lanes and wider shoulders. Some of
the property included in the project (1.05 acres) is owned jointly by the City of Fort Collins,
City of Loveland and County of Larimer; therefore, approvals and signatures are required of
each municipality. While the dedication is not presently needed, it is necessary to clarify
future intended use of the land should the ownership of the adjoining land change.
Ordinance No. 85, 1999 was unanimously adopted on First Reading on May 18, 1999.
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June 1. 1999
12. Second Reading of Ordinance No. 86, 1999, Authorizing the Conveyance of a Non -
Exclusive Easement for a Sanitary Sewerline on Riverbend Ponds Natural Area to the
Boxelder Sanitation District.
Countryside Park Subdivision, which is located north of the Riverbend Ponds Natural Area,
was originally designed as a mobile home park and is one of the oldest areas served by the
Boxelder Sanitation District. Consequently, the existing sewer lines were engineered with
some 45 ` angles that have the potential to cause service disruption to Countryside Park and
Mulberry Commercial Park users. The District is requesting a 20' easement (.0061 acres) on
Riverbend Ponds Natural Area for a sewerline extension that will tie into an existing 30'
sewerline to alleviate the problem. Natural Area staff has approved the project. This
Ordinance was unanimously adopted on First Reading on May 18, 1999.
13. Second Reading of Ordinance No. 87, 1999, Authorizing the City of Fort Collins to Grant
a Non -Exclusive Easement on Meadow Springs Ranch to Poudre Valley Rural Electric
Association.
Ordinance No. 87,1999, which was unanimously adopted on First Reading on May 18, 1999,
provides the necessary electrical service to a cattle watering well in the southwestern corner
of the City -owned Meadow Springs Ranch and to a portion of the neighboring Diehl Ranch.
14. Second Reading of Ordinance No. 88, 1999, Appropriatine Unanticipated Revenue in the
General Fund for the Library Outreach Program.
Ordinance No. 88, 1999, was unanimously adopted on First Reading on May 18, 1999, and
appropriates unanticipated revenue for outreach services.
15. First Reading of Ordinance No. 91, 1999, Appropriating Prior Year Reserves in the General
Fund for Police Seizure Activity.
Nearly 100 years ago, Colorado law created a process for the seizure of illegal contraband
used in or gained from criminal activity. The intent is to deter crime and to have criminals
help defray the costs of policing.
State statutes specify that the proceeds from such seizures are to be used for law enforcement
purposes, and require that the governing body (City Council) of the seizing agency (Police
Services) appropriate these proceeds to supplement the seizing agency's budget or forfeit the
proceeds to the general fund of the State of Colorado. The Colorado Supreme Court and the
United States Supreme Court have consistently upheld the constitutionality of these statutes.
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June 1, 1999
16. First Reading of Ordinance No. 92, 1999, Appropriating Prior Year Reserves in the Street
Oversizing Fund and Authorizing the Transfer of Appropriations Between Funds for the
Purpose of Constructing Improvements at the Horsetooth Road and Mason Street
Intersection.
The intersection of Horsetooth Road and Mason Street is currently at level of service F,
which indicates severe delays to traffic during peak hours. This project will add a right turn
lane at the intersection of Horsetooth Road and Mason Street to alleviate this congestion,
plus complete the pedestrian connections in the area. These improvements include a
southbound right turn lane onto Mason Street from Horsetooth Road, curb and gutter along
Horsetooth and Mason, attached sidewalk, storm sewer improvements and pedestrian
crosswalks at the intersection. The project is predominantly funded by the Minor Streets
Capital Program, but includes contributions from the Pedestrian Access Program, Traffic
Operations and the Street Oversizing Program. Staff is requesting that funds be appropriated
from the Pedestrian Access, Street Oversizing, and Traffic Operations programs so that
construction of these arterial road improvements can begin in the summer of 1999. Staff
believes this project needs to start in the summer in order to alleviate the severe traffic delays
and congestion in the area.
17. First Reading of Ordinance No. 93, 1999, Amending Section 20-25 of the City Code by
Exempting the Cityfrom Liability for any Noise Emanating From any Public Right -of -Way_
The City's noise ordinance does not presently exempt noise emanating from City streets.
Because it is impossible for the City to control that noise, and the City Code makes property
owners liable for noise coming from their premises, City staff is recommending that the Code
be amended to exempt the City from any liability for noise emanating from City streets.
18. First Reading of Ordinance No. 94, 1999, Authorizing the Conveyance of a Quit Claim Deed
to Walter Edward Sperry and Leona Veronica Kelley to Clarify Ownership of a Tract of Land
(.246 Acres) at Overland Trail Park.
The 15-acre Overland Trail Park was purchased in 1978 and developed in 1986. During the
development of the park there was an unresolved dispute with the adjacent landowners,
Walter Sperry/Veronica Kelley, over the northerly boundary of the park. The issue has
resurfaced because the landowners have a contract on their property and have requested a
Quit Claim Deed from the City to resolve ownership of the .246-acre tract of land. Parks
and Recreation needs 10 new parking spaces along the easterly 100 feet of the tract. To
reach a "win -win" situation, Sperry/Kelley have agreed to a quit claim deed from the City
for the disputed tract, with a reservation for the City of a vehicular parking easement to
accommodate the desired parking spaces. The buyers of the Sperry/Kelley property have
agreed to cooperate with the City through the planning process.
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June 1, 1999
19. First Reading of Ordinance No. 95, 1999, Amending Sections 29-13 and 29-14 of the
Transitional Land Use Regulations Pertaining to Construction. Maintenance and Repair
Guarantees and Security Requirements for Developers.
The following recommended changes in the Transitional Land Use Regulations are proposed
to match similar proposed changes in the "Spring 1999" revisions to the Land Use Code.
The changes are as follows:
1. Add language to define the start date of the warranty period.
2. Add language to provide the option for describing warranty requirements in the
development agreement for when no new plat is required for the project or if work
is located outside the plat boundary.
3. Revise language to (1) add the words "construction" and "maintenance/repair" when
describing security to distinguish between two types of security; and (2) add
flexibility for the developer to change the form of security.
These revisions are in keeping with the City Council's charge to staff when the "Choice
Streets" package was approved last fall, to make changes when necessary to help the new
requirements work.
20. Resolution 99-63 Authorizing the CityManager to Lease 1745 %2 Hoffman Mill Road and the
Barn and Pastures on the Nix Natural Area.
The City purchased two houses and a barn as part of the Nix Natural Area in December 1996.
At the time of the purchase, three leases were in place for residences and for the barn and
pasture. The new lease for 1745 Hoffinan Mill Road (Residence "A") was approved by
Council on May 18, 1999. The lease for 1745'/2 Hoffinan Mill Road, referred to as
"Residence "B" on the map attached to the Resolution, terminates on July 14, 1999. The
lease for the bam and pastures terminates on June 1, 1999. Because planning for use of the
structures on the property is still underway, Natural Resources staff is recommending that
new leases for Residence `B" and the barn/pasture be executed that would permit continued
collection of rent payments pending completion of plans by the Natural Resources
Department.
Natural Resources is continuing to evaluate the feasibility of modifying Residence `B" for
use by Natural Resources staff, including Rangers and maintenance staff. The proposed
Lease Agreements have a maximum term of two years, with the City having the option to
terminate the lease at any time with notice to the tenants.
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June 1, 1999
21. Resolution 99-64 Authorizing a Lease of City -Owned Property at 149 Grandview.
The City built this house for use by the Cemetery Superintendent. Since this position has
been eliminated, the City does not need to use this house as a staff residence. CLRS staff
considered moving the building to Roselawn Cemetery to be used as a maintenance facility.
Researching this option, staff concluded that it would not be cost effective to move and
remodel the house into a maintenance shop.
In the future, the area in which the house is located will be needed for more cemetery space.
Prior to that time, renting the house will generate income that the Cemetery staff can utilize
to build the needed maintenance shop at Roselawn. Staff also believes vandalism can be
discouraged by keeping the house occupied.
22. Items Pertaining to the Cooperative Planning Area Adjacent to Fossil Creek Reservoir.
A. Resolution 99-65 Authorizing the Mayor to Enter into an Intergovernmental
Agreement with Larimer County Regarding Development in the Fort Collins
Cooperative Planning Area Adjacent to Fossil Creek Reservoir.
B. Resolution 99-66 Authorizing the Mayor to Enter into an Intergovernmental
Agreement among the City of Fort Collins, the City of Loveland, the Town of
Windsor and Larimer County Regarding Annexations in the Fort Collins Cooperative
Planning Area Adjacent to Fossil Creek Reservoir.
C. Resolution 99-67 Authorizing The Mayor to Enter hito an Intergovernmental
Agreement With the Town of Windsor Regarding Annexations East of Interstate
Highway 25.
Approximately one year ago, the City of Fort Collins and Larimer County adopted the Fossil
Creek Reservoir Area Plan. One of its implementation actions was the preparation of
intergovernmental agreements establishing a "Cooperative Planning Area". A Cooperative
Planning Area (CPA) is intended to be the area which is situated beyond a municipality's
Growth Management Area (GMA) but which could conceivably be annexed in the long term.
It is intended that rural developments in the CPA proceed in accordance with the existing
County zoning, but in a manner that does not preclude or jeopardize urbanization when, and
if, it becomes part of the municipality's GNU. Special zoning and/or development standards
may apply to each CPA. Another principle behind the CPA idea is that if each municipality
would identify its own CPA, the potential for annexation wars would diminish.
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June 1, 1999
Last June, staff and elected official representatives from the cities of Fort Collins, Loveland,
Windsor, and Timnath, and Larimer County, met to discuss the establishment of a CPA for
the Fossil Creek Reservoir area. The consensus from this meeting was for Fort Collins to
proceed with preparing the necessary legal documents establishing the CPA.
23. Resolution 99-68 ApprovingaCharge for Personal Service Costs for Cases Heard in the Fort
Collins Municipal Court.
On May 17, 1999, House Bill 99-1364, "Concerning the Use of Automated Vehicle
Identification Devices," was signed by the Governor. That bill affects the City's use of the
camera radar and red light traffic enforcement systems. In the portion of that bill relating to
service of process, there is a provision indicating that a municipality may charge the actual
costs of personal service of process.
At this time, Judge Lane is recommending that City Council approve the establishment of
a personal service cost so that when it is necessary for a police officer to locate and
personally serve a defendant with a summons and complaint, the cost of that service can be
assessed against the defendant. This cost would only be assessed and due if the defendant
pled "guilty" or "no contest" or was found guilty at trial. As with other costs, it may be
waived by the Judge if the defendant is indigent or when otherwise appropriate.
24. Resolution 99-69 Reappointing Gordon F. Esplin as TemporarJudge and Authorizing the
Execution of an Employment Agreement.
Council originally appointed Gordon F. Esplin as Temporary Judge (Assistant Municipal
Judge) in 1989, and reappointed him every two years thereafter. His current appointment
terminates on June 30, 1999. Municipal Judge Kathleen M. Lane recommends that Mr.
Esplin be reappointed for another 2-year term.
Mr. Esplin is currently paid $75 per hour for his services. That rate is well below the going
rate for legal fees in Fort Collins. For that reason, staff recommends an increase in the
compensation paid to Mr. Esplin to $80 per hour.
25. Routine Easements.
A. Easement from Karl Yoder and Ruth Pendergrast to underground existing overhead
electric services, located at 825 Smith. Monetary consideration: $10.
B. Easement from Fort Collins Newspapers, Inc. to install underground electric system
and equipment, located at 1300 Riverside. Monetary consideration: $1342.50.
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June 1, 1999
C. Easement from Maureen and Roger Bryant to install an oval vault to underground
existing overhead electric system, located at 530 South Taft Hill. Monetary
consideration: $80.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
7. Second Readine of Ordinance No. 81, 1999, Appropriating Proceeds from the Issuance of
City of Fort Collins. Colorado, Stormwater Utility EntpMrise, Storm Drainage Revenue
Bonds, Series 1999, Dated June 1,1999, in the Aggregate Principal Amount of $20 060 000
and Appropriating Unanticipated Revenues in the Storm Drainage Fund for Bond Debt
Service.
Second Readine of Ordinance No. 82,1999. Authorizing the Mayor to Execute a Quit Claim
Deed Dedicating to the Colorado Department of Transportation Certain Portions of the
Access Rights -of -way on Harmony Road Adjacent to Harmony Technology Park First Filing-
9. Second Reading of Ordinance No. 83, 1999, Appropriating Prior Year Reserves in the
General Employees' Retirement Fund.
10. Second Reading of Ordinance No. 84, 1999, Appropriating Prior Year Reserves and
Unanticipated Revenue in the General Fund for Promotion of Convention and Visitor
Activities and for Cultural Development and Programming Activities.
11. Second Reading of Ordinance No. 85, 1999, Authorizing Dedication of Certain Property for
Public Highway iway to Improve Access to the Larimer County Landfill.
12. Second Reading of Ordinance No. 86, 1999, Authorizing the Conveyance of a Non -
Exclusive Easement for a Sanitary Sewerline on Riverbend Ponds Natural Area to the
Boxelder Sanitation District.
13. Second Reading of Ordinance No. 87, 1999, Authorizing the City of Fort Collins to Grant
a Non -Exclusive Easement on Meadow Springs Ranch to Poudre Valley Rural Electric
Association.
14. Second Reading of Ordinance No. 88, 1999, Appropriating Unanticipated Revenue in the
General Fund for the Library Outreach Program.
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June 1, 1999
29. Items Related to the West Central Neighborhoods Plan Rezonings.
A. Second Reading of Ordinance No. 89, 1999, Amending the Land Use Code for the
Purpose of Implementing the West Central Neighborhoods Plan.
B. Second Reading of Ordinance No. 90, 1999, Amending the Zoning Map of the City
of Fort Collins by Changing the Zoning Classification for Those Certain Properties
Known as the West Central Neighborhoods Plan Subarea Rezoning.
Items on First Reading were read by title by City Clerk Wanda Krajicek.
15. First Reading of Ordinance No. 91, 1999, Appropriating Prior Year Reserves in the General
Fund for Police Seizure Activity.
16. First Reading of Ordinance No. 92, 1999, Appropriating Prior Year Reserves in the Street
Oversizing Fund and Authorizing the Transfer of Appropriations Between Funds for the
Pumose of Constructing Improvements at the Horsetooth Road and Mason Street
Intersection.
17. First Reading of Ordinance No. 93, 1999, Amending Section 20-25 of the City Code by
Exempting the City from Liability for any Noise Emanating From any Public Right -of -Way.
18. First Reading of Ordinance No. 94,1999, Authorizing the Conveyance of a Quit Claim Deed
to Walter Edward Sperry and Leona Veronica Kelley to Clarify Ownership of a Tract of Land
(.246 Acres) at Overland Trail Park.
19. First Reading of Ordinance No. 95, 1999, Amending Sections 29-13 and 29-14 of the
Transitional Land Use Regulations Pertaining to Construction. Maintenance and Repair
Guarantees and Security Requirements for Developers.
30. Items Relating to the City's Fiscal Year 1999-2000 Community Development Block Grant
(CDBG) and Home Investment Partnerships (HOME) Programs.
A. First Reading of Ordinance No. 96, 1999, Appropriating Unanticipated Revenue and
Authorizing the Transfer of Appropriations Between Program Years in the
Community Development Block Grant Fund.
B. First Reading of Ordinance No. 97,1999, Appropriating Unanticipated Revenue and
Authorizing the Transfer of Appropriations Between Program Years in the Home
Investment Partnerships Fund.
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June 1, 1999
31. Items Related to Amending the Land Use Code
A. First Reading of Ordinance No. 98,1999 Amending the Harmony Corridor Plan and
the Design Standards and Guidelines.
B. First Reading of Ordinance No. 99, 1999, Making Various Amendments to the City
of Fort Collins Land Use Code.
Councilmember Wanner made a motion, seconded by Councilmember Weitkunat, to adopt and
approve all items on the Consent Calendar. The vote on the motion was as follows: Yeas:
Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED.
Consent Calendar Follow-up
Councilmember Mason spoke regarding item #19 First Reading of Ordinance No. 95, 1999,
Amending Sections 29-13 and 29-14 of the Transitional Land Use Regulations Pertaining to
Construction, Maintenance and Repair Guarantees and Security Requirements for Developers and
noted that this is another example of working with the development community.
Councilmember Mason noted that item #22 Items Pertaining to the Cooperative Planning Area
Adjacent to Fossil Creek Reservoir is an example of regional cooperation.
Staff Reports
Deputy City Manager Jones presented updates regarding: (1) receipt of a GOCO Legacy grant for
$2.5 million for the Poudre River and Big Thompson project; (2) a Job Access Grant to fund transit
service; (3) partnering between the public and private sector to repair a safety hazard on East Drake
Road; and (4) receipt of a historic preservation award for saving Preston Farm.
Councilmember Reports
Councilmember Wanner reported on the Health and Safety Committee's discussions regarding
setting a new meeting date on the third Thursday of each month at 4:30 p.m. in the Council
Information Center, a report from the rental property task force, and a proposed deadly weapons
ordinance.
Councilmember Wanner reported on the Finance Committee's discussions concerning a cost of
living adjustment for retirees, key budget issues for 2000-2001, formation of an economic policy
board, selection of a bank for the City, and local preference in purchasing decisions.
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June 1. 1999
Councilmember Bertschy reported on Governance Committee discussions regarding potential
Charter amendments and Code changes.
Mayor Martinez reported on Legislative Review Committee discussions regarding a final version
of the legislative template and pending legislation.
Items Related to the West Central
Neighborhoods Plan Rezonings, Adopted on Second Reading
The following is staff's memorandum on this item.
"Executive Summary
A. Second Reading of Ordinance No. 89, 1999, Amending the Land Use Code for the Purpose
of Implementing the West Central Neighborhoods Plan.
B. Second Reading of Ordinance No. 90, 1999, Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for Those Certain Properties Known as the
West Central Neighborhoods Plan Subarea Rezoning.
Ordinance No. 89, 1999 was adopted 5-0 (Councilmembers Byrne and Weitkunat were withdrawn)
on First Reading on May 18, 1999 making amendments to the Land Use Code for the
implementation of the West Central Neighborhood Plan.
Ordinance No. 90,1999, which was also adopted 5-0 (Councilmembers Byrne and Weitkunant were
withdrawn) on First Reading on May 18, 1999, making certain amendments to zoning district
boundaries of the Zoning map. "
Councilmembers Weitkunat and Byrne withdrew from discussion on this item because of potential
conflicts of interest.
("Secretary's Note: Councilmembers Weitkunat and Byrne out of room.)
Councilmember Wanner made a motion, seconded by Councilmember Kastein, to adopt Ordinance
No. 89, 1999 on Second Reading. The vote on the motion was as follows: Yeas: Councilmembers
Bertschy, Kastein, Martinez, Mason and Wanner. Nays: None. (Councilmembers Weitkunat and
Byrne out of room.)
THE MOTION CARRIED.
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June 1, 1999
Councilmember Bertschy made amotion, seconded by Councilmember Wanner, to adopt ordinance
No. 90, 1999 on Second Reading. The vote on the motion was as follows: Yeas: Councilmembers
Bertschy, Kastein, Martinez, Mason and Wanner. Nays: None. (Councilmembers Weitkunat and
Byrne out of room.)
THE MOTION CARRIED.
("Secretary's Note: Councilmembers Byme and Weitkunat returned to the meeting at this point.)
Items Relating to the City's Fiscal Year 1999-2000
Community Development Block Grant (CDBG) and
Home Investment Partnerships (HOME) Programs Adopted
The following is staff s memorandum on this item.
"Executive Summary
A. Resolution 99-70 Approving the Fiscal Year 1999-2000 Community Development Block
Grant Program for the City of Fort Collins.
B. Resolution 99-71 Approving the Fiscal Year 1999-2000 Home Investment Partnerships
Program for the City of Fort Collins.
C. First Reading of Ordinance No. 96, 1999, Appropriating Unanticipated Revenue and
Authorizing the Transfer of Appropriations Between Program Years in the Community
Development Block Grant Fund.
D. First Reading of Ordinance No. 97, 1999, Appropriating Unanticipated Revenue and
Authorizing the Transfer ofAppropriations Between Program Years in the Home Investment
Partnerships Fund.
The CommunityDevelopment Block Grant (CDBG) Program and the Home lnvestmentPartnerships
(HOME) Program provide Federal funds from the Department ofHousing and Urban Development
(HUD) to the City of Fort Collins which can be allocated to housing and community development
related programs and projects, thereby, reducing the demand on the City's General Fund Budget
to address such needs. The City Council is being asked to consider two resolutions. Resolution 99-
70 will establish which programs and projects will receive funding with CDBG Funds for the FY
1999-2000 Program year which starts on October 1, 1999, while Resolution 99-71 will establish
which programs and projects will receive funding with HOME Funds for the FY 1999-2000
Program year which also starts on October 1, 1999.
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June 1. 1999
BACKGROUND:
The City Council is being asked to consider the adoption of two resolutions establishing which
programs and projects will receive funding with Community Development Block Grant (CDBG) and
Home Investment Partnership (HOME) funds for the FY 1999-2000 Program years, which start on
October 1, 1999.
Since early January of this year, the CDBG Commission and the City's CDBG and HOME Program
staffs have conducted public hearings to assess community development and housing needs in Fort
Collins and solicited applications for CDBG and HOME funding. Further, the Commission has
reviewed the written applications, personally interviewed applicants, analyzed the applications, and
formulated a list of recommendations to the City Council as to which programs and projects should
receive funding. The Commission utilized several criteria to determine priorities and establish its
list of recommendations. The criteria include:
o leveraging of other funding with Cityfunds;
o development or acquisition of housing versus operation of programs;
o success rate of the applicant;
o ability of the applicant to complete the proposal;
o meeting community needs, highest priority to the production of rental housing for
families below 50% of the Area's Median Income (AMI);
o long-term impact on the community of the proposal;
o full or partial funding request;
o competing projects or providers; and
o alternate funding.
CDBG and HOME funds allocated to a for profit applicants are in the form of a loan while funds
allocated to non-profit entities are in the form ofgrants.
The Commission also used the funding guidelines contained in the Priority Affordable Housing
Needs and Strategies report adopted by the Council on February 2, 1999. These guidelines include:
o CDBG funds should generally be allocated as follows: 65% for Housing projects;
10% for Program Administration; 10% for Public Facilities; and 15% for Public
Services;
o HOME funds should generally be allocated as follows: 90% for Housing projects
and 10%for Program Administration;
o funds allocated to housing should generally be divided as follows: 70% for rental
projects and 30%for homeownership opportunities; and
o the average subsidy should be $5, 000 per unit, with relatively more funding to
projects producing housing for lower income families.
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June 1, 1999
The CDBG Program is an ongoing grant administration program funded by the Department of
Housing and Urban Development (HUD). The City of Fort Collins has received CDBG Program
funds since 1975. In 1975 and FY 1976-77 the City received HUD CDBG discretionary grants.
Since FY 1977-78, the City has been an Entitlement Grant recipient of CDBG funds, meaning the
City is guaranteed a certain level of funding each year. The level of funding is dependent on the
total amount offunds allocated to the program by Congress and on a formula developed by HUD,
which includes data on total population, minorities as a percentage ofpopulation, income levels,
housing stock conditions, etc. Additional background information on the City's Community
Development Block Grant Program is presented in Appendix "A" attached to this report.
The Home Investment Partnership (HOME) Program was authorized by the National Affordable
Housing Act of 1990 to provide funds for a variety of housing related activities, to strengthen the
ability oflocal governments to provide housing, and to expand the capacity ofnon profit community -
based housing development organizations to provide affordable housing. In May of 1994, the City
of Fort Collins received designation as a Participating Jurisdiction in the HOME Program which
in effect is similar to the City's designation as an Entitlement Grant communityfor the CDBG
Program, meaning the City is guaranteed a certain level of funding each year. Additional
background information on the City's Home Investment Partnership Program is presented in
Appendix "B"attached to this report.
AVAILABLE FUNDS
The amount ofthe City's CDBG Entitlement Grantfor FY 1999-2000 is $1,169, 000. The Entitlement
Grant will be combined with $50, 000 of CDBG Program Income to create a total of $1,219, 000 of
CDBG funds available for programs and projects during the next CDBG Program year. CDBG
Program Income includes funds returned to the City through the payment of past housing
rehabilitation loans.
The City's HOME Program Grant for the FY 1999-2000 is $615, 000 which will be combined with
$42, 059 ofHOMEProgram Income to make a total of$657, 059 availableforprograms andprojects
during the next HOME Program year. HOME Program Income includes funds returned to the City
through the repayment ofdownpayment assistance grants and HOME loans to developmentprojects.
The following summarizes the amount and sources of available funds:
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CDBG Program
AMOUNT SOURCE
$1,169, 000
50,000
$1,219,000
HOME Program
AMOUNT
FY'99 CDBG Entitlement Grant
CDBG Program Income
CDBG Sub -Total
SOURCE
June 1, 1999
$ 615,000 FY'99 HOME Participating Jurisdiction Grant
42,059 HOME Program Income
$ 657,059
HOME Sub -Total
Below is a summary ofrecent CDBG funding levels allocated from HUD to the City of Fort Collins:
Entitlement Reprogrammed
Year Grant Funds
Program
Income Total Funds
1990
645,000
50,000
30,000
725,000
1991
728,000
160,000
30,000
918,000
1992
802,000
30,000
50,000
882,000
1993
1,091,000
50,000
90,000
1,231,000
1994
1,187, 000
30,000
50,000
1,267,000
1995
1,231,000
0
40,000
1,271,000
1996
1,202,000
0
40,000
1,242,000
1997
1,188,000
181,273
50,000
1,419,273
1998
1,162, 000
216,875
50,000
1,428,875
1999
1,169, 000
0
50,000
1,219, 000
Below is a summary ofrecent HOMEfunding levels allocated from HUD to the City ofFort Collins:
HOME
Reprogrammed
Program
Year
Grant
Funds
Income
Total Funds
1994
500,000
0
0
500,000
1995
455,000
0
0
455,000
1996
539,000
0
0
539,000
M]
June 1, 1999
1997
533,000
0
0
533,000
1998
569,000
59,900
50,000
678,900
1999
615,000
0
42,059
657,059
SELECTIONPROCESS
The selection process for the City's FY 1999-2000 CDBG and HOME Programs began on January
14, 1999, when the CDBG Commission held a public hearing to obtain citizen input on community
development and housing needs. The CDBG and HOME Program offices placed legal
advertisements in local newspapers starting in January and running through March, to solicit
requests for CDBG and HOME funded programs and projects for FY 1999-2000. The application
deadline was Thursday, March 25. At the close of the deadline the City received 29 applications
requesting a total of approximately $4.7 million.
Copies ofall applications were forwarded through the City Manager's office to the City Council on
April 9 and placed in the Council Office for review. Copies of all applications were distributed to
the CDBG Commission on April 8.
On Wednesday, April28, and Thursday, Apri129, the Commission met to hearpresentations and ask
clarification questions from each applicant. The Commission then met on Wednesday, May 5, for
the purpose ofpreparing a recommendation to the City Council as to which programs and projects
should be funded for the FY 1999-2000 program year. At this meeting the Commission reviewed
the written applications, the applicant's verbal presentation, the information provided during the
question and answer session, and reviewed the performance of agencies who received FY 1998-99
CDBG and/or HOME funds or funding in other previous years. The Commission then worked on
formulation oftheir list ofrecommendations. A copy ofthe Commission's minutesfrom the meeting
is attached.
CDBG COMMISSION'S LIST OF RECOMMENDATIONS
HUD CDBG regulations limit the amount of available funds which can be allocated to various
generic categories. FundsforPlanningandAdministrativepurposesarelimitedto20%ofthetotal
of the Entitlement Grant and any anticipated Program Income. This means the 20% limitation for
Planning and Administrativepurposes is $243,800. CDBGfsndsforPublic Services are limited to
15% of the total of the Entitlement Grant and anticipated Program Income, making the amount
$182,850.
HUD HOME Program regulations limit the amount of available funds which can be allocated for
Administrative purposes to 10% of the HOME Grant. This means the 10% limitation for
Administrative purposes is $61,500. HOME Program regulations also require that 15% of the
HOME Grant be set aside for projects by community -based housing development organizations
(CHDOs). This means that $92,250 must be set aide for CHDOs. At this time, Neighbor to
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June 1, 1999
Neighbor, Inc., is the only applicant which has applied to be designated as a CHDO and could
become eligible for funding during FY 1999-2000.
The Commission, thus, not only had to decide which applicants presented programs and projects
which best fit into the City's CDBG and HOME Programs, but also had to insure funding
allocations/requirements were kept within HUD regulations and follow the funding guidelines
contained in the Priority Affordable Housing Needs and Strategies report.
The Commission utilized several criteria to determine priorities in the process to establish its list
Of recommendations. These criteria were established after a discussion with the City Council at a
work session conducted in December 1995, and include:
HIGHER PRIORITY CRITERIA
Leveraging
Guideline: The leveraging of private and non federal funds is a very important consideration in
making an allocation of CDBG and HOME funds. Applicants are asked to indicate the amount of
leveraging, including in -kind services, dollars, and/or labor associated with their CDBG and HOME
proposal.
2. Acquisition versus Operations
Guideline: Acquisition proposals which provide assets to the community are given greater weight
over proposals which are operational in nature.
3. Success Rate
Guideline: Applicants who demonstrate continued success in achieving community needs will
receive extra consideration for funding. On the other hand, applicants who have failed to achieve
their proposal in a timely manner may not receive additional funding.
4. Ability to Complete the Proposal During a Program Year
Guideline: Applicants who provide information indicating a capability to complete theirproposal
during theprogram year will receive consideration forfunding over applicants whose abilities can
be questioned.
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June 1. 1999
5. Meeting Community Needs
Guideline: Applicants must provide support of their application through some sort of needs
assessment, preferably through the use ofan objective data source, and not rely solely on anecdotal
information. An applicant may also submit a service history of projects from other communities.
Funding allocations will be made to proposals which meet the greatest community needs. Housing
needs are detailed in the Priority Affordable Housing Needs and Strategies report.
6. Long -Term Impact
Guideline: Applicants whoseproposal has additional long-term impacts beyond the specifics ofthe
proposal will receive greater consideration for funding.
LOWER PRIORITY CRITERIA
1. Full or Partial Funding
Guideline: Iffunds are not available to support a proposal at the lowest acceptable level, no funds
will be granted to the proposal.
2. Competing Projects or Providers
Guideline: Applicants need to demonstrate their proposal is not a duplication of efforts or a
duplication of service provision, including administrative, volunteer efforts, and acquired service
ability.
3. Alternate Funding
Guideline: An applicant needs to discuss what otherfunding sources are available. Full disclosure
of available and applied for funds is considered essential, required, and mandatory. The
Commission needs to know if the project can continue if CDBG/HOME funds cease to exist.
OTHER CONSIDERATIONS
1. Equal Competition
Guideline: All proposals are considered equally, there is no preference given to new proposals
requesting "seed" money, and likewise, there is no preference given to proposals which were
previous recipients of CDBGIHOMEfunds. Continued CDBGIHOMEfundingfrom one year to the
next is not guaranteed and funding is not a "right" of any applicant.
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June 1, 1999
2. Sequential Grant Limit
Guideline: There is no limit to the number of times an applicant may receive funding from the
CDBG/HOME Program, all applicants are considered equally, however, continued CDBG/HOME
funding from one year to the next is not guaranteed.
The Commission also used the previously listed funding guidelines contained in the Priority
Affordable Housing Needs and Strategies report in making their recommendations for funding.
Listed below is a summary of each applicant's initial request for funding and the Commission's list
Of recommendations. Requests and Recommendations specifically for funding with HOME funds
are identified by an H:
PLANNING and ADMINISTRATION
(20% of CDBG Entitlement Grant and Program Income)
(10% of HOME Grant)
City of Ft. Collins - CDBG Program Administration
Proposal covers the administrative costs of the FY 1999-2000 CDBG Program
Administration including salary, benefits, and operating expenses for 2 staffpositions.
Request: $121,900
Recommendation: $121,900
City of Ft. Collins - HOME Program Administration
Proposal covers the administrative costs of the HOME Program, including salary, benefits
and operating expenses for I staff position.
Request: $61,500H
Recommendation: $61,500H
ACQUISITION
City of Ft. Collins - Acquisition/preservation of existing project -based Section 8 units
This application proposes setting aside funds for the acquisition/preservation of existing
project -based Section 8 affordable housing units which may become available for sale
during the program year.
Request: $300,000 Recommendation: $0
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June 1, 1999
Elizabeth Street Partners - Elizabeth Street Senior Apartments
Request by Kaufman and Broad for a soft loan with repayments to be based on cash flow to
help construct 50 senior apartments on West Elizabeth Street. The applicant proposes to
provide 45 units to families below 50% ofAMI and 5 units to families below 40% ofAMI.
Request. $480,000
Recommendation: $0
Old Town North LLC, do Palladian Construction Company - Old Town North Subdivision
Assistance requested in the form of a loan for acquisition of land to support development of
a 280 unit starter home subdivision located north of E. Vine Drive and east of N. College
Avenue. Target market is for families earning 70% ofAMI and above.
Request: $420,000
Recommendation: $0
Neighbor to Neighbor, Inc. - Acquisition of an existing project -based Section 8 complex
Request for a grant to help acquire an expiring project -based Section 8 affordable housing
complex consisting of 69 units in northeast Fort Collins. The applicant proposes to provide
25 units to families below 30% ofAMI,- 25 units to families below 50% ofAMI,- and 19 units
to families below 60% ofAMI.
Request: $787,450
Recommendation: $404,559
$ 92,250H
Fort Collins Housing Corporation - Acquisition of land
Grant request to help acquire 20 acres of land in northwest Fort Collins for affordable
housing development which will include 26 for -sale homeownership opportunities and 114
rentalunits. The applicantproposes toprovide 57 rental units tofamilies below 50% ofAMI
and 13 for -sale units to families below 70% ofAMI, 10 for sale units to families below 60%
ofAMI, and 3 for sale units to families below 50% ofAMI.
Request: $360, 000 Recommendation: $358, 000
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June 1, 1999
Fort Collins Housing Corporation - Acquisition of an apartment building
Grant request to help acquire a 19 unit apartment building, located on Cowan Street. The
applicant proposes to provide 9 units to families below 50% ofAMI.
Request: $190,000
Recommendation: $70,000
Harmony Park Homeowners Association - Acquisition of land
Request to help purchase 50 acres of land located northeast of the S. Shields Street and
Trilby Road intersection for the development of a 400 manufacture housing unit project;
50% of the units would be for families below 50% ofAMI,- 30% would be for families below
80% ofAMI,• and 20% would be for families above 80% ofAMI.
Request: $500,000
Recommendation: $0
HOUSING CONSTRUCTION
Concorde Capital Corporation - Construction of rental units
Request for a soft loan with repayments based on cashflow to help construct 150 affordable
rental units for families at 50% and 60% of AMI, located at the southeast corner of
Redwood and Conifer Streets (Dry Creek Apartments).
Request: $400, 000 H Recommendation: $250, 000 H
HOMEOWNERSHIP ASSISTANCE
City of Fort Collins - Downpayment & Closing Cost Assistance Program
Request for CDBG and HOME funds to continue to provide homeownership opportunities
through the Downpayment &Closing CostAssistance Program. With approximately $5, 000
available per unit means 60 units could be assisted and would be available to families
earning less than 80% ofAMI.
Request: $136,950H Recommendation: $253,309H
$166,050 $ 49,691
$303, 000 $303,000
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June 1. 1999
REHABILITATION
DMA Plaza, Inc. - Exterior structural rehabilitation
Grant request for CDBG and HOME funds for exterior rehabilitation of DMA Plaza which
provides 126 units of low-cost affordable housing to elderly/disabled people living on fixed
incomes.
Request. $100,000H Recommendation: $0
$282,325
NON-FEDERAL SHARE
City of Fort Collins - Matching funds for Job Access and Reverse Commute Grant
Grant request to provide one-half (112) of the matching funds for a Job Access and Reverse
Commute Grant. Transfort/Dial-A-Ride will provide the remaining local match.
Request: $73,000
Recommendation: $0
PUBLIC FACILITIES
Respite Care, Inc.
Grant request to add a bathroom, remove current food storage area, add shelving, and
change lighting in the administrative area of the Respite Care facility.
Request. $54, 000
Crossroads Safehouse, Inc.
Recommendation: $25,000
Grant request to repair flat and steep roofs over children's playroom of the Crossroads
Safehouse Shelter.
Request. $4,000 Recommendation: $2,000
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June 1, 1999
Fort Collins Area United Way, Inc.
Grant request to help accomplish a safety renovation of United Way Day Care Center
including replacement ofsubstandard flooring in classroom and bathroom areas.
Request: $19, 092 Recommendation: $5, 000
PUBLIC SERVICES
(15% of CDBG Entitlement Grant and Program Income)
New Bridges, Inc. - Daytime Shelter
Grant request to help provide operational expenses of a daytime shelter and service referral
center for the homeless.
Request: $23,000
Recommendation: $15,000
Disabled Resource Services - Youth Employment Program
Grant request to help provide funds for the Supported Youth Employment Program which
helps disabled youth participate in summer job training experiences.
Request: $24,000
Recommendation: $16,500
Child Care Collaborative Project - Tuition Assistance
Grant request to help provide funds for the Sliding Scale Child Care Tuition Assistance
Program. Eligibility requirements are based on income and requires adults to be working
towards economic self-sufficiency.
Request: $56,304
Recommendation: $56,304
Catholic Charities Northern - Seniors and Frail Elderly Program
Request for funds to provide services for seniors and frail and homebound elderly who are
unable to access community resources because of lack of knowledge or other barriers such
as cultural or language.
Request: $6,000 Recommendation: $2,000
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June 1, 1999
Catholic Charities Northern -Nighttime Shelter
Grant request to help provide operational expenses ofa shelter (The Mission) and supportive
services (Hope Job Bank) for the homeless.
Request: $15, 000
Recommendation: $10,046
Education and Life Services - Adult Literacy Services Program
Grant request to provide operating expenses for the Adult Literacy Services Program which
provides tutor training for literacy volunteers, maintaining the READ -UP collection,
responding to inquires, and coordinating other related adult literacy services.
Request: $16,849
Recommendation: $12,000
Project Self -Sufficiency - Project Self -Sufficiency
Grant request to provide funds for the Supportive Services for Single Parent Families
Program which assists participants in outlining steps towards accomplishment of both
career and personal/family goals.
Request: $20,000
Recommendation: $20,000
Neighbor -to -Neighbor, Inc. - Housing Counseling Program
Grant request toprovide partial fundsfor the operation oftheHUD certified Comprehensive
Housing Counseling and Case Management Program which provides assistance to people
along all points of the housing continuum from homelessness to home ownership to options
for older adults.
Request: $25, 000
Recommendation: $20,000
Food Distribution Center - Refrigerated Boxes for Trucks
Grant request to provide refrigerated boxes on two trucks needed to carry perishable food.
Request: $29,000 Recommendation: $9,000
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June 1, 1999
Lutheran Family Services - Prevention of Child Abuse Program
Grant request to provide partial funding for the Fostering Family Strengths: Prevention of
Child Abuse Program which is designed to prevent child abuse and neglect by helping
families learn to interact in healthy non-violent ways.
Request: $8, 000
Recommendation: $0
Healthy Start, Inc., d/b/a Children's Clinic - Counselor
Grant request to provide partial funding for the salary of a counselor in the Financial
Counseling and Child Health Plan Enrollment Program.
Request: $20,140
Recommendation: $0
The Woman's Center of Larimer County - Child Care Resource and Referral Program
Grant request to providepartial funding for the Child Care Resource and Referral Program
which provides free education, consultation, and referral services to parents; technical
assistance to child care providers; and supply and demand information to decision -makers
and the general public.
Request: $7, 000
Recommendation: $0
Northern Colorado Health Network, Inc. - Northern Colorado Aids Project
Grant request to provide partial funding for the Northern Colorado Aids Project which
attempts to decrease the incidence ofHIV in the community and ensure those living with HIV
are in appropriate medical care.
Request: $15,000
Recommendation: $15,000
Total amount of CDBG and HOME funding requested = $4,681,072.
A summary of the Commission's CDBG funding recommendation by category for the total amount
of funds available is as follows:
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June 1, 1999
RECOMMENDED % of
FUNDING
TOTAL
CATEGORY
$ 121,900
10.0
PLANNING and ADMINISTRATION (Maximum $243,800
based on 20% of Entitlement Grant and Program Income)
882,250
72.4
HOUSING
32, 000
2.6
PUBLIC FACILITIES
182,850
15.0
PUBLIC SERVICES (Maximum $182, 850 based on 15% of
Entitlement Grant and Program Income)
$1,219,000
100.0
TOTAL
A summary of the Commission's HOMEfunding recommendation by category for the total amount
offunds available is as follows:
RECOMMENDED % of
FUNDING TOTAL CATEGORY
$ 61,500 9.4 ADMINISTRATION ($61, 500 based on 10% of HOME Grant)
595,559 90.6 HOUSING
$ 657,059 100.OTOTAL
The total amount of CDBG and HOME funding requests considered by the CDBG Commission was
approximately $4.7 million, however, only $1.9 million of CDBG and HOME funds were available.
With the amount of total requests far exceeding available funding, obviously not all applications
could be funded. Due to HUD funding limitations, some Public Service applications received no
funds or less funds than requested in order to keep the generic category within program maximums.
No applicant is recommended to receive more funds than requested.
The CDBG Commission has recommended full fundingforseven (7) proposals. In the Commission's
opinion, the seven applications recommended for full funding best fit CDBG Program national
objectives, HOME Program purposes, the City CDBG policies (presented in Appendix "A'), the
selection criteria, and the funding guidelines. The Commission's reasoning for full funding are
presented in the attached minutes of the May 6 meeting.
Proposals which did not receive full funding were deemed of a lower priority and, in some cases,
a lack offunds, program category limitations (especially in the Public Services category), or funding
guidelines prohibited their full funding. The Commission's reasoning for partial funding are
presented in the attached minutes of the May 6 meeting.
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June 1, 1999
The Commission has recommended no funding for eight (8) proposals. Again, the Commission's
reasoning for recommending no funding are presented in the attached minutes of the May 6
meeting. "
Ken Waido, Chief Planner, presented background information regarding the item and noted that any
increase in an allocation of dollars to a particular agency must be offset by a decrease in funding
elsewhere. He stated that the public service category is limited by statute to 15% of CDBG funds.
Jeff Burnell, 2500 East Harmony Road, expressed concern regarding what is happening in the mobile
home park.
Eleanor Sorenson, 2500 East Harmony Road, expressed concern regarding rent increases in the
mobile home park.
Betty Maloney,1309 CityPark Avenue, spoke regarding the importance of allocating CDBG dollars
for affordable housing and expressed concerns about the Harmony Mobile Home Park situation.
Tammy Cain, Harmony Mobile Home Park resident, spoke regarding the rent increases in the mobile
home park and the importance of residents owning the land under their homes.
Bill Steffes, CDBG Commission Chair, described the competitive process to review applications and
allocate limited funds and noted that the Commission had a number of concerns regarding the
Harmony Mobile Home Park project: (1) the ability to complete the project within the two-year
period of time allotted; (2) the applicants applied for 5016 but are not qualified to apply at this time;
and (3) the applicants have no control of the land on which they are trying to build. He stated that
the Commission determined that the project is not feasible at this time and that other projects fill a
greater community need. He noted that about 100 of the 400+ units in the mobile home park
expressed an interest in moving.
Councilmember Mason asked if the AMI was determined for this project. Mr. Steffes stated that the
applicant did not indicate the AMI on the application.
Councilmember Bertschy asked how many units the total funding would support among the various
projects and how many projects are being funded. Mr. Steffes stated that five housing projects are
recommended for funding and that the AMI for these projects is below 80%. Waido summarized
the housing projects recommended for funding.
Chuck Dehn, spokesperson for Harmony Mobile Home Park, spoke regarding the financial hardship
experienced by park residents, expressed concern regarding the use of federal funds to build
apartments that would be owned by the landowner in 20 years, and favored the use of funds to
encourage home ownership and to address the needs of current residents. He stated that the
application was submitted by the deadline under the guidelines provided, that the applicant has
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June 1, 1999
applied for the 5010, and that the applicant would have two years to get the project going. He stated
that his group is exploring options for land acquisition, including a partnership with Natural
Resources. He spoke regarding the need for affordable housing in Fort Collins.
Jeff Burnell, 2500 East Harmony Road, spoke regarding the situation at Harmony Mobile Home
Park.
Eleanor Sorenson, 2500 East Harmony Road, expressed concerns regarding the rent increases in the
mobile home park.
Don Sidler, disabled Harmony Park resident, asked for the Council's help with the mobile home park
situation.
Marlene Price, 2500 East Harmony Road, spoke regarding rent increases and the hardship of moving
her home.
Margaret Goldsmith, 2500 East Harmony Road, expressed concern regarding rent increases and the
difficulty of selling units in the park.
Ellie Jones, Harmony Park resident, spoke regarding the high rent and the need to start a new park
to allow residents to buy their own lots.
Steve Thompson, Board of Directors of Harmony Mobile Home Park homeowners' association,
spoke regarding the plan to acquire land to encourage affordable home ownership for the residents
of the mobile home park.
Bill Bradley, 2500 East Harmony Road, spoke of rent increases at the mobile home park.
Councilmember Byrne asked for information regarding the discussions ofpark residents with Natural
Resources. Greg Byrne, CPES Director, stated that based on direction from the previous Council
that staff is exploring affordable housing partnerships for a parcel of land that could be acquired for
natural areas and that is partially suitable for an affordable housing development.
Councilmember Byrne asked about the rationale for looking at future needs rather than addressing
current needs and asked if the Harmony Mobile Home Park project has received adequate scrutiny.
Waido spoke regarding the priority affordable housing needs and strategy report, which showed that
the biggest need is for rental housing and for incomes below 50% of AMI. The strategy is for about
70% of available dollars to go to rental projects and about 30% to home ownership and to focus the
limited dollars available toward the greatest need in a competitive process.
Councilmember Byme asked if other alternatives have been explored. Waido emphasized the
competitive nature of the process for allocation of funds.
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June 1, 1999
Mayor Martinez asked if the process is based on need as well as competition. Waido stated that the
applications compete with each other and that the strategy is to focus the limited resources on the
biggest need. Joe Frank, Director of Advance Planning, stated that staff is recommending that the
CDBG Commission's recommendation should be followed and that the Harmony Mobile Home Park
applicants should partner with another entity that has experience, explore HUD technical assistance
in putting together a viable project, and seek assistance from Funding Partners for Housing
Solutions. He stated that staff will be requesting additional funds for these types of projects in the
next budget.
Councilmember Weitkunat asked if the project must be in the City to receive funding and asked
about the criterion regarding control of the land. Waido stated that any property to be developed
should be in the City. Mr. Steffes stated that the applicant currently has no control of the land.
Councilmember Bertschy asked about the criterion of successful completion as applied to the
Coachlight and Concorde Capital projects in light of the partial funding to be provided. Waido
stated that these agencies have other available resources and will use the City dollars for leverage
to complete the projects.
Councilmember Kastein asked about the feasibility of the Harmony Mobile Home Park home
ownership plan. Mr. Steffes stated that the Commission will not turn an application away just
because it is for home ownership instead of rental and noted that more dollars are needed for home
ownership instead of rentals. He stated that there are concerns regarding the chronological feasibility
of the project.
Councilmember Kastein asked if AMI was indicated on the Harmony Mobile Home Park
application. Mr. Dehn stated that 80% of the people in the park will fit within the AMI guidelines.
David Gordon, CDBG Commission member, stated that the application did not specifically indicate
the current income of park residents. Chuck Dehn spoke regarding the income surveys that were
done in the park and asked for a commitment from the City to help address the mobile home park
issues. Mr. Steffes stated that the application form asks for the final AMI of the project to help in
the determination of community need in comparison with other projects.
Councilmember Bertschy noted that the need for dollars is considerably more than the dollars
available, and that a number of other projects are recommended for no funding.
Councilmember Mason stated that there is a community need and that staff has voiced ideas
regarding how the applicant should proceed for next time. He asked that staff make a commitment
to assist the applicant with obtaining professional help to put an application together for next year.
Councilmember Wanner made a motion, seconded by Councilmember Bertschy, to adopt Resolution
99-70.
June 1, 1999
Councilmember Mason spoke regarding the recent adoption of an affordable housing policy and
asked that information regarding the policy be shared with the new Council and with the Harmony
Mobile Home Park applicant.
Councilmember Wanner spoke in support of the CDBG Commission recommendations and stated
that the issue is whether the proposal is complete enough to be placed ahead of other projects that
have more complete proposals and are ready to proceed.
Councilmember Bertschy acknowledged the work of the CDBG Commission and staffregarding the
process and stated that the need is greater than the available dollars. He noted that affordable
housing is a serious issue in the community and that there maybe a need to deal with other situations
regarding similar manufactured housing communities in the future.
Councilmember Byrne stated that he would support the motion and spoke regarding the Harmony
Mobile Home Park situation.
Councilmember Weitkunat spoke in support of the motion and expressed appreciation for the work
of the CDBG Commission in a difficult situation.
Councilmember Kastein asked for clarification regarding administrative cost. Waido spoke
regarding the administrative budget for the program.
Mayor Martinez spoke regarding the rising cost of housing and the unfortunate Harmony Mobile
Home Park situation.
The vote on the motion to adopt Resolution 99-70 was as follows: Yeas: Councilmembers Bertschy,
Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED.
Councilmember Bertschy made a motion, seconded by Councilmember Weitkunat, to adopt
Resolution 99-71. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne,
Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED.
Councilmember Wanner made a motion, seconded by Councilmember Weitkunat, to adopt
Ordinance No. 96, 1999 on First Reading. The vote on the motion was as follows: Yeas:
Councilmembers Bertschy, Byme, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED.
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June 1, 1999
Councilmember Bertschy spoke regarding the HOME program.
Councilmember Bertschy made a motion, seconded by Councilmember Weitkunat, to adopt
Ordinance No. 97, 1999 on First Reading. The vote on the motion was as follows: Yeas:
Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED.
Items Related to Amending
the Land Use Code, Adopted on First Reading
The following is staff s memorandum on this item.
"Executive Summary
A. First Reading of Ordinance No. 98, 1999, Amending the Harmony Corridor Plan and the
Design Standards and Guidelines.
B. First Reading of Ordinance No. 99, 1999, Making Various Amendments to the City of Fort
Collins Land Use Code.
Staff has identified 20 Code amendments for consideration at this time. In addition to the LUC
amendments, amendments to the Harmony Corridor Plan and Harmony Corridor Design Standards
and Guidelines are recommended to address the issue of convention and conference centers in the
Harmony Corridor.
BACKGROUND:
The Land Use Code was first adopted March 27, 1997. In an on -going effort to refine the Code and
resolve implementation issues that come up during its use, a regular, twice -a year process was
established to ensure timely reaction to these issues. This staff report and accompanying issue
summaries, resolution and ordinances represent the spring cycle of 1999.
Suggestions for Code amendments are solicited from those Boards and Commissions that either
work directly with the Land Use Code (such as the Planning and Zoning Board) or are responsible
for programs that are implemented through the Code (such as the Natural Resources Advisory
Board) and City staff that directly work with the Code and those outside the City organization that
depend on staff interpretation of the Code.
Two amendments have been identified as warranting discussion:
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June 1, 1999
• Convenience stores with fuel sales; and,
• Requirements for timely progress on development review projects.
All other amendments are considered minor in nature.
CONVENIENCE STORES WITH FUEL SALES
Problem Statement
Recent annexations have promoted an evaluation of a variety of issues surrounding how
"Convenience retail stores with fuel sales" are addressed in the Code. Specific issues include:
C. Where should "convenience retail stores with fuel sales be allowed in Fort Collins"?
Specifically, should these uses be allowed in the MMNzone?
B. Are the definitions relating to these uses clear and appropriate?
Solution overview:
The Land Use Code now allows Convenience retail stores in the MMNzone. Upon detailed review
of the City Plan Principles and Policies, staff is recommending that these uses should not be
permitted in this zone. Staffalso recommends that a number ofclarifzcations be made to the various
definitions related to these uses.
This issue wasfrstbroughtforwardforconsideration last spring. However, someproperty owners
that had recently been placed into the MMNzone expressed concerns that these changes represented
a significant change in the permitted uses within the zone. These property owners requested that
the changes not be made. Council gave staff direction to delay implementation of these code
revisions for one year to give the affected property owners a period of time to complete any pending
transactions that may have been based on the assumption that C-stores with fuel sales would
continue to be permitted in the MMNzone.
Attachment 1 is a copy of a memo from Ken Waido dated March 11, 1998 that provides additional
information on this issue.
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June 1, 1999
REQUIREMENTS FOR TIMELYPROGRESS ONDEVELOPMENT REVIEW PROJECTS
Problem Statement
While the development review process is sometimes a lengthy procedure between application and
final approval, occasionally, applicants will elect not to actively pursue projects that have been
submitted or will make submittals prior to changes in regulations only to let the application languish
without significantprogress. Because land use regulations change andsub-areaplans get adopted,
it is desirable to process development applications against the most current regulations possible.
When projects do not respond to City comments in a timely fashion, it is appropriate to require
resubmittal and compliance with the most recent regulations. However, for those projects that have
been in the system an extended time and have continued to try to address City concerns, it is
appropriate to continue to review them against the regulations in effect at the time ofsubmittal.
Proposed Solution Overview
The Land Use Code should be amended to include a provision for timely, continuous progress on
development applications. Anew section should be included in Section 2.2. H Lapse. This language
could apply to existing projects in the development review process by two mechanisms:
Beginning the time period at the time of the next comment letter from the City; or,
Resending the last comment letter with notification that the time period is being applied.
The proposed language change would be inserted in Section 2.2.11:
Step H: Lapse
(A) Application Submittals. An application submitted to the Cityfor the review and
approval of a development plan must be diligently pursued and processed by the
applicant. Accordingly, the applicant, within ninety (90) days of receipt of written
comments and notice to respond from the City on any submittal (or subsequent
revision to a submittal) of an application for approval of a development plan, shall
file such additional or revised submittal documents as are necessary to address such
comments from the City. If the additional submittal information or revised submittal
is not filed within said period of time, the development application shall
automatically lapse and become null and void. The Director may grant one (1)
extension of the foregoing ninety (90) day requirement, which extension may not
exceed thirty (30) days in length. This subsection (A) shall apply to applications
which are, or have been, filed pursuant to this Land Use Code and to applications
which are, or have been, filed pursuant to the laws of the Cityfor the development
of land prior to the adoption of this Land Use Code.
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June 1, 1999
HARMONY CORRIDOR PLAN AND HARMONY CORRIDOR DESIGN STANDARDS AND
GUIDELINES
The recommended addition of convention and conference centers to the HC - Harmony Corridor
Zone District, requires the amendment of both the Harmony Corridor Plan and the Harmony
Corridor Design Standards and Guidelines in addition to the Land Use Code. Specifically, Chapter
3 of the Corridor Plan, Policy LU— 2 would be amended to include convention and conference
centers as a permitted secondary use. The section of the Harmony Corridor Design Standards and
Guidelines dealing with Land Use andLocational Standards and Guidelines would also be amended
to include convention and conference centers as a permitted secondary use.
PUBLIC OUTREACH
City staff held a public open house to review the proposed Code amendments on March 30, 1999
in the conference room at 281 North College Avenue. The open house was attended by 5 individuals
to receive advance copies of the proposed changes. No issues were discussed.
The proposed changes were also presented to the Home Builders Association at a lunch meeting on
April 22. Concerns were expressed over the proposed time frame for required responses to
development review comments (Item # 203). Questions were also raised as to the possibility of
phasing vested rights timelines for approved projects.
PLANNING AND ZONING BOARD RECOMMENDATION:
On Thursday, May 20, 1999, the Planning and Zoning Board voted 6-0 to forward a
recommendation of approval for the attached amendments to the Harmony Corridor Plan, the
Harmony Corridor Design Standards and Guidelines and the Land Use Code with the exception of
item #129, Convenience Stores With Fuel Sales. The Board voted 5-1 to forward a recommendation
of approval on that item. No indication regarding the negative vote was provided by the Planning
and Zoning Boardmember. "
Bob Blanchard, Director of Current Planning, presented background information regarding the two
proposed amendments to the Land Use Code. He stated that 20 recommendations for changes are
included in the amendments and highlighted two significant amendments: (1) removal of
convenience stores with fuel sales from the MMN zone, and (2) requirements for timely progress on
development review projects.
Pat O'Donnell, 2604 South Taft Hill Road, spoke regarding the impact on his property of the change
to remove convenience stores with fuel sales from the MMN zone and requested tabling of the
change or, if the Council does choose to vote on the change, that he have an additional 12 months
to finish his plans for the property.
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June 1, 1999
Councilmember Weitkunat asked for clarification that the proposed change would apply to
convenience stores with fuel sales. Blanchard replied in the affirmative. Ken Waido, Chief Planner,
stated that gas stations, except for convenience stores with fuel sales, are currently prohibited in the
MMN zone.
Councilmember Kastein asked what provisions exist to change zoning if it determined that there is
a need at a particular location for a convenience store with fuel sales. Waido spoke regarding
planning for neighborhood commercial centers, which would include fuel sales.
Councilmember Byrne asked for clarification that no proposals have been received that are in
conflict with the proposed fuel sales change and asked about the status of Mr. O'Donnell's proposal.
Blanchard stated that no such proposals are in the current development review process, although
several such proposals are in conceptual review, and he summarized the conceptual review process.
He noted that two property owners who raised issues received a twelve-month extension to give
them an opportunity to complete any pending deals under the existing guidelines.
Councilmember Bertschy made a motion, seconded by Councilmember Mason, to adopt Ordinance
No. 98, 1999 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers
Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED.
Councilmember Bertschy asked if developers and homebuilders have had an opportunity to provide
feedback regarding the Land Use Code amendments. Blanchard stated that staff has met with the
Homebuilder's Association and that developers have an opportunity to point out problems during
the development review process, at open houses, and at the Planning and Zoning Board public
hearing.
Councilmember Mason asked if the process to review numerous changes to CityPlan every six
months should be replaced with a process to review a few changes monthly. Greg Byrne, CPES
Director, spoke regarding the length of the public review process and the process for review by
Boards and Commissions and the Council Growth Management Committee.
Councilmember Byrne asked about the spacing requirements for gas stations. Greg Byrne outlined
the spacing requirement.
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June 1, 1999
Councilmember Weitkunat spoke regarding the need for regular housekeeping changes to the Land
Use Code and the lengthy process regarding significant changes.
Councilmember Kastein spoke regarding the need to think creatively to solicit input from the public
as a whole.
Councilmember Weitkunat made a motion, seconded by Councilmember Wanner, to adopt
Ordinance No. 99, 1999 on First Reading. The vote on the motion was as follows: Yeas:
Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None.
THE MOTION CARRIED.
Other Business
Councilmember Kastein spoke regarding item #17 First Reading of Ordinance No. 93, 1999,
Amending Section 20-25 of the City Code by Exempting the City from Liability for any Noise
Emanating From any Public Right -of -Way and requested additional information about how property
owners' rights to construct barriers to noise are being heard and what qualifications are being used
to approve or deny those requests. Deputy City Manager Jones stated that additional information
can be prepared prior to Second Reading of the Ordinance. ^
Councilmember Byrne spoke regarding the issue of placing noise barriers on public right-of-way.
City Attorney Roy commented regarding noise barrier review criteria in the Land Use Code and
stated that staff could prepare information regarding those review criteria.
Councilmember Bertschy asked for additional information regarding the policy on surplus property
disposition.
The meeting adjourned at 8:20 p.m.
i TTEST
l - Y�u
City Clerk
Adjournment
K1101