HomeMy WebLinkAboutMINUTES-05/17/2005-RegularMay 17, 2005
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, May 17, 2005,
at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered
by the following Councilmembers: Hutchinson, Kastein, Manvel, Ohlson, Roy, and Weitkunat.
Councilmembers Absent: Brown
Staff Members Present: Atteberry, Krajicek, Roy.
Citizen Participation
Steve Musiel, Kel-Mar strip business owner at 5848 South College Avenue, opposed the southwest
enclave annexation.
Courtney Speshky, incoming ASCSU Director of Community Affairs, thanked the Mayor for
attending the community picnic on May 7. She stated she was looking forward to continuing the
dialogue with the City on issues such as the "three unrelated" ordinance.
Brian Chaco, Colorado Lifestyle Furniture owner, opposed the southwest enclave annexation and
stated the businesses in the area were in opposition to the annexation due to increased fees and
utility costs.
Greg Ost, small business owner in the Kel-Mar business district, stated affected residents and
business owners in the proposed southwest enclave annexation were concerned about the purpose,
process and likely outcomes.
Tony Mann, 5201 Greenview Drive, small business owner, spoke against the southwest enclave
annexation.
Lynn Colter, Applewood Estates resident, opposed the proposed southwest enclave annexation and
the costs to the residents and the City. She noted that thousands of signatures had been gathered on
petitions opposing the annexation.
Brian Schumm, 5948 Colby Street, spoke in favor of the annexation of the Kel-Mar strip and stated
the businesses in that area were currently benefitting from City services. He noted that he had
attempted to work through a number of issues with the City and the County for the last few years.
He stated the City had "control" in the enclave due to the Growth Management Area, the
intergovernmental agreement with the County, and previous Council direction regarding land use
within that zone. He asked that the Council direct the City Manager and staff to follow the Structure
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May 17, 2005
Plan and to process rezonings within the City rather than allow them to be processed by the County
within the Growth Management Area.
Neil Hurst, President of the Fossil Creek Homeowners Association, stated he represented 240
residents and opposed the southwest enclave annexation. He stated there should be a public vote
on the annexation, which would represent "taxation without representation."
Charlene Hayes, Sidekick Flea Market owner, opposed the southwest enclave annexation.
John Cockson, 5108 Plateau Court, spoke against the southwest enclave annexation and stated the
annexation would be costly to the residents of the annexation area and the City.
Al Baccili, 520 Galaxy Court, opposed the costly southwest enclave annexation.
Mark Brophy, 1109 West Harmony Road, spoke against the "tyrannical" forced southwest enclave
annexation. He urged Councilmembers to indicate their views during Citizen Participation Follow-
up about the comments made during Citizen Participation.
Lee Fairman, 5823 Auburn Drive, spoke regarding the purchase of the Abraxis Building for
$750,000. Mayor Hutchinson stated this was an agenda item and that there would be an opportunity
for Citizen Participation at that time if the item was withdrawn from the Consent Calendar.
Gail Zirtzlaff, 2048 Manchester Drive, expressed concerns regarding enforcement of the "three
unrelated" ordinance.
Citizen Participation Follow-up
Mayor Hutchinson thanked those who spoke during Citizen Participation. He stated Citizen
Participation Follow-up was an opportunity for Council to give feedback rather than to debate the
issues in a town meeting format.
Councilmember Ohlson commented that the open space in the southwest part of the City was not
purchased with the intent of creating an annexation enclave. He stated those open space purchases
were based on plans and five overwhelming citizen votes. He stated the enclave was created upon
the annexation of those open spaces and that he did not believe that the annexation of the open space
was necessary or appropriate.
Councilmember Kastein agreed with Councilmember Ohlson's comments about the purchase of the
open space and that he believed that it was appropriate for the City to annex that open space because
it was City -owned property. He stated he was now evaluating the need to annex the southwest
enclave annexation area. He thanked the speaker who spoke about the "three unrelated" ordinance.
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Agenda Review
City Manager Atteberry stated there was a revision to item #20 Resolution 2005-054 Making an
Appointment to the Downtown Development Authority to insert the name "George Brelig" and that
there was a revision to item #21 Resolution 2005-045 Making an Appointment to the Fort Collins
Housing Authority Board of Commissioners to insert the name "Karen Weitkunat."
Mark Brophy, 1109 West Harmony Road, withdrew item #8 Items Relating to the Purchase and
Lease of Property Located as 212 LaPorte Avenue from the Consent Calendar.
Bev Weiss withdrew item #14 First Reading of Ordinance No. 057, 2005, Authorizing the
Acquisition by Eminent Domain Proceedings of Certain Lands Necessaryfor the Construction of
Public Improvements in Connection with the Dry CreekDrainage Improvements Project - East Vine
Diversion Channel from the Consent Calendar.
Councilmember Roy withdrew item #15 First Reading of Ordinance No. 058, 2005, Authorizing an
Easement for a Pedestrian Bridge for Opera Gardens Lofts from the Consent Calendar.
CONSENT CALENDAR
6. Consideration and approval of the regular Council meeting minutes of April 19, 2005 and
the adiourned Council meeting minutes of April 26, 2005.
7. Second Reading of Ordinance No. 049, 2005, Appropriating Unanticipated Revenue in the
General Fund to the Fort Collins Housing Authority to Fund Affordable Housing and
Related Activities.
The Fort Collins Housing Authority ("Authority") paid the City of Fort Collins $12,033 as
a 2004 payment for public services and facilities. The Authority annually requests that the
City refund the Payment in Lieu of Taxes (PILOT) to fund sorely needed affordable housing
related activities and to attend to the low-income housing needs of Fort Collins residents.
Resolution 1992-093 reinstated the requirement that the Authority make annual PILOT
payments to the City. The City may spend the PILOT revenues as it deems appropriate in
accordance with law, including remitting the funds to the Authority if the Council
determines that such remittal serves a valid public purpose. The Council has remitted the
PILOT payment to the Authority annually since 1992. Ordinance No. 049, 2005, was
unanimously adopted on First Reading on May 3, 2005.
8. Items Relating to the Purchase and Lease of Property Located as 212 LaPorte Avenue.
A. Second Reading of Ordinance No. 050, 2005, Appropriating Unanticipated Revenue
in the Capital Projects Fund - Building Community Choices - New Main Library /
Acquisition and Design Capital Project and Authorizing the Transfer Between Funds
of Existing Revenue to be used to Purchase Property Located at 212 LaPorte
Avenue.
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May 17, 2005
B. Resolution 2005-049 Authorizing the City Manager to Execute a Lease Agreement
for 212 Laporte Avenue, Fort Collins, Colorado to Abraxis Art Glass & Doors, Inc.
The City of Fort Collins developed the Downtown Civic Center Master Plan in 1996. At that
time, the Plan called for Block 32 to have municipal government offices and a library. The
Plan includes a pedestrian corridor through the middle of the block. The City has purchased
most of the Block, but there are currently two properties still under individual ownership.
The City constructed its new office building on the east half of Block 32 and the Plan
contemplates the construction of the new Library on the westerly side of Block 32. This
Library is part of the Building Community Choices.
The owner of 212 West LaPorte Avenue is moving his business and has approached the City
to purchase the property. This is a good opportunity to purchase this site for the City's future
use on the Block. With this property, the City will own the entire Block except for the
southwesterly corner. Buying today with a willing seller will save the City money in the
future and, until the Block is developed, the City will rent the property to generate income.
9. Second Reading of Ordinance No. 051, 2005, Amending Section 2380) of the Fort Collins
Traffic Code Pertaining to License Plates.
At the time of the adoption of the Traffic Code, it was the understanding of staff and Council
that the Traffic Code would most likely be subject to future amendments, not only for the
purpose of clarification and correction of errors, but also for the purpose of ensuring that the
Traffic .Code remains consistent with State traffic laws. This amendment will require
motorcycles, trailers, and other vehicles to attach license plates to the rear of the vehicle.
This change is necessary for the section to be consistent with state law.
Staff will submit the changes to Colorado Department of Transportation (CDOT) for
approval pursuant to statute. As this amendment is made to conform to state law, it is
anticipated that CDOT will approve the amendment.
Ordinance No. 051, 2005, was unanimously adopted on First Reading on May 3, 2005.
10. First Reading ofOrdinance No. 053, 2005, Appropriating Prior Year Reserves in the General
Fund for Cultural Development and Programming Activities and Tourism Capital.
This Ordinance appropriates lodging tax revenues that were in excess of 2004 budgeted
lodging tax receipts to Cultural Development and Programming ("CDP"), Visitor Events,
and Tourism Capital fiend accounts. Lodging tax revenue for 2004 was estimated to be
$573,600 and the 2005 budget appropriated an equal amount. However, actual receipts
totaled $601,143 for 2004 and the difference of $27,543 has not been appropriated.
This Ordinance also appropriates the CDP and Visitor Events funds in the General Fund
reserves for lodging taxes to be used to support events that provide a public benefit to the
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May 17, 2005
Fort Collins Community and promote the utilization of public accommodations within the
city. The City's Cultural Resources Board reviews applications for these funds and makes
recommendations to the City Council.
11. First Reading of Ordinance No. 054, 2005, Authorizing the Transfer of Appropriations from
the Street Oversizing Fund to the Capital Project Fund - Timberline Road Improvements
Project to Be Used for Completion of Engineering Design and Establishing Appropriations
for Railroad Crossing Improvements at the Proiect.
Developers have contributed $100,000 to the City to begin the engineering design of
Timberline Road from Prospect to Drake. There are additional engineering design costs with
the project to be funded by Street Oversizing. This item appropriates $184,000 into the
project budget for the completion of the final engineering design. In addition, railroad
crossing permits with Great Western Railroad for widening the track on both Timberline
Road and Prospect Road need to be submitted one year in advance of the construction in
order to schedule the railroad crews. The permit requires that funds for the crossing material
and labor be budgeted and available in the project. $280,000 will be appropriated and
earmarked for the railroad crossing agreement in order to submit the required permits and
work orders. The total transfer amount is $464,000 and is available in existing Street
Oversizing Fund appropriations.
12. First Reading of Ordinance No. 055, 2005, Authorizing the Purchasing Agent to Enter into
an Agreement for the Financing by Lease -Purchase of Vehicles and Equipment.
This Ordinance authorizes the Purchasing Agent to enter into a lease -purchase financing
agreement with Koch Financial Corporation at 4.96 percent interest rate. The agreement is
for an original term from the execution date of the agreement to the end of the current fiscal
year. The agreement provides for renewable one-year terms thereafter, to a total term of five
(5) years, subject to annual appropriation of funds needed for lease payments. The total
lease terms, including the original and all renewal terms, will not exceed the useful life of
the property. This lease -purchase financing is consistent with the financial policies of the
City of Fort Collins.
All equipment shall be purchased following the City's purchasing ordinances and procedures
to ensure that the City realizes all cost savings. The vehicles and equipment financed under
the agreement will comply with applicable City policies, and will be in accordance with the
goal of optimizing City resources without impacting service to the community.
13. First Reading of Ordinance No. 056, 2005, Amending the Zoning Man of the City of Fort
Collins by Changing the Zoning Classification for that Certain Property Known as the
Schrader Rezoning.
This is a request to rezone a parcel owned by Schrader Oil Company and the abutting
Burlington Northern Santa Fe right-of-way, presently zoned T (Transition), to RDR (River
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May 17, 2005
Downtown Redevelopment). The subject site consists of 5 f acres located south of Willow
Street and east of College Avenue.
14. First Reading of Ordinance No. 057, 2005, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary for the Construction of Public Improvements in
Connection with the Dry Creek Drainage Improvements Project - East Vine Diversion
Channel.
The design portion of the Dry Creek Drainage Improvements Project ("Project") began in
2003. The construction of the Project began in April 2005 with completion scheduled for
2006. The total project involves a combination of sub -projects in the upper, middle and
lower basins of Dry Creek with the goal of reducing the likelihood of flooding in Fort
Collins and Larimer County.
The approval of this ordinance does not automatically result in the filing of a petition in
eminent domain; it simply allows staff to use the process if good faith negotiations fail to
result in an agreement between the City and affected property owners. Staff is hopeful that
all acquisitions will be accomplished by agreement.
15. First Reading of Ordinance No. 058, 2005, Authorizing an Easement for a Pedestrian Bridge
for Opera Gardens Lofts.
The development of Opera Garden Lofts was approved as a minor amendment to the Opera
Galleria, contingent upon the developer being able to provide off-street parking to the users
of the new mixed -use building and also contingent upon negotiating permission from the
City for a bridge between the Opera Galleria and the Civic Center Parking Structure
("CCPS"). The developer cannot commence construction until this easement is granted.
The developer has indicated that this bridge is important to make the Opera Garden Lofts
project more attractive to lenders and potential purchasers of units.
The Opera Gardens Lofts project will add two floors to the Opera Galleria. The easement
request is to construct an above -grade pedestrian bridge from the 4th floor of the CCPS to
one of the new floors of the Opera Galleria. This pedestrian bridge will not replace the
existing bridge, which is a public bridge. The new bridge will be a private bridge to be used
by users of the mixed -use structure.
16. Resolution 2005-050 Authorizing a Revocable Permit to Coburn Development, Inc., for a
Period of Up to Two Years on Property Owned by the City for the Purpose of Access and
Performing Due Diligence Activities.
The City of Fort Collins conducted a Request for Proposal ("RFP") process that requested
proposals for the development of a portion of Block 33 in accordance with adopted City
plans. The property included in this RFP was 75% of the block, excluding the Car Barn and
associated parking. Through this process, the City selected Coburn's firm to complete the
requested work in the RFP. At that time, the City and Coburn entered into an Exclusive
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May 17, 2005
Negotiating Agreement. The goal for this project is for Coburn to eventually acquire the
property from the City and develop it in accordance with the approved plans.
Coburn has done a preliminary design for the property and is proceeding into conceptual
review. In order for Coburn to continue its work, the firm needs to have permission from
the City to access the property and to perform due diligence work on the property including
surveying and geotechnical drilling. They will also need on -going access to the site as the
project develops. Issuing this Permit allows Coburn to continue the work as required by the
Exclusive Negotiating Agreement for the property on Block 33. This Permit is not intended
to include construction activities.
17. Resolution 2005-051 Authorizing the City to Enter into a Contract with Public Strategies
Group. Inc., for the Purchase of Services to Develop the 2006 and 2007 Budget Using the
Budgeting for Outcomes Format, as an Exception to the Competitive Process.
Public Strategies Group, Inc., has developed a unique process for budgeting — Budgetingfor
Outcomes. Because the City is facing a structural change in its revenues, this approach is
being used to match citizen expectations with available resources.
18. Resolution 2005-052 Adopting the Recommendations of the Cultural Resources Board
Reearding Fort Fund Disbursements.
The guidelines for the Cultural Development and Programming and Tourism Programming
accounts (Fort Fund) provide a three -tiered funding system. Organizations may apply for
grants from these accounts to fund community events. Tier # 1 was established as an annual
programming fund for organizations whose primary purpose is to present three or more
public events annually. These groups may apply for funding from Tier # 1 each April. Tier
#2 allows organizations that are not eligible for Tier #1 support to apply for funding of
events that are not fund-raising in nature and do not generate more than $5,000 in proceeds
after expenses. Tier #3 allows organizations that are not eligible for Tier # 1 support to apply
for funding of events that generate more than $5,000 in proceeds after expenses and are
fund-raising in nature. Applications for support from Tier #2 and Tier #3 are accepted each
January and June.
19. Resolution 2005-053 Authorizing the City Manager to Enter into an Intergovernmental
Agreement with the Board of The Great Outdoors Colorado Trust Fund and an
Intergovernmental Agreement With Three Partner Entities for the Laramie Foothills:
Mountains to Plains Grant Proiect.
On December 1, 2004, Great Outdoors Colorado (GOCO) awarded the City, Larimer
County, Legacy Land Trust, and The Nature Conservancy an $11.6 million grant for the
Laramie Foothills Mountains -to -Plains Project. A portion of this grant in the amount of
$976,000 will be allocated directly to the City of Fort Collins to help support the project.
A Grant Agreement between the partner entities is required to set out the respective
obligations of the parties and to enable the City to receive the grant award. A Project
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May 17, 2005
Agreement also is necessary to designate a "grant agent" for the local partners. Larimer
County will serve as the grant agent.
20. Resolution 2005-054 Makin an n Appointment to the Downtown Development Authority.
A vacancy currently exists on the Downtown Development Authority due to the resignation
of Mary Brayton. Resolution 2005-054 making an appointment to the Downtown
Development Authority has been prepared to insert a name for the Council appointment to
replace Mary Brayton.
21. Resolution 2005-045 Making an Appointment to the Fort Collins Housing Authority Board
of Commissioners.
A vacancy currently exists on the Housing Authority due to the resignation of Marty Tharp.
Resolution 2005-045 making an appointment to the Housing Authority has been prepared
to insert a name for the Council appointment to replace Marty Tharp.
22. Routine Easements.
A. Easement for construction and maintenance of public utilities from Archer Homes,
Inc., to relocate existing electric system to accommodate additional units, located at
400 Jackson. Monetary consideration: $10.
B. Easement for construction and maintenance of public utilities from Pheasant Run
Investments, to place existing overhead electric system underground at 1229 East
Mulberry. Monetary consideration: $360.
C. Easement for construction and maintenance of public utilities from Jeffrey Jay and
Carol Shuster Johnson, located at 132 Yale to install electric oval vault to place
existing overhead electric system underground. Monetary consideration: $200.
D. Easement for construction and maintenance of public utilities from South Link Lane
Condominium Association, located at 401 Link Lane to place existing overhead
electric system underground. Monetary consideration: $1920.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
Second Reading of Ordinance No. 049, 2005, Appropriating Unanticipated Revenue in the
General Fund to the Fort Collins Housing Authority to Fund Affordable Housing and
Related Activities.
8A. Second Reading of Ordinance No. 050, 2005, Appropriating Unanticipated Revenue in the
Capital Projects Fund - Building Community Choices - New Main Library / Acquisition and
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May 17, 2005
Design Capital Project and Authorizing the Transfer Between Funds of Existing Revenue
to be used to Purchase Property Located at 212 LaPorte Avenue.
9. Second Reading of Ordinance No. 051, 2005, Amending Section 238(1) of the Fort Collins
Traffic Code Pertaining to License Plates.
Ordinances on First Reading were read by title by City Clerk Krajicek.
10. First Reading of Ordinance No. 053, 2005, Appropriating Prior Year Reserves in the General
Fund for Cultural Development and Programming Activities and Tourism Capital.
11. First Reading of Ordinance No. 054, 2005, Authorizing the Transfer of Appropriations from
the Street Oversizing Fund to the Capital Project Fund - Timberline Road Improvements
Project to Be Used for Completion of Engineering Design and Establishing Appropriations
for Railroad Crossing Improvements at the Project.
12. First Reading of Ordinance No. 055, 2005, Authorizing the Purchasing Agent to Enter into
an Agreement for the Financing by Lease -Purchase of Vehicles and Equipment.
13. First Reading of Ordinance No. 056, 2005, Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for that Certain Property Known as the
Schrader Rezoning.
14. First Reading of Ordinance No. 057, 2005, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary for the Construction of Public Improvements in
Connection with the Dry Creek Drainage Improvements Project - East Vine Diversion
Channel.
15. First Reading of Ordinance No. 058, 2005, Authorizing an Easement for a Pedestrian Bridge
for Opera Gardens Lofts.
26C. First Reading of Ordinance No. 059, 2005, Appropriating Unanticipated Revenue and
Authorizing the Transfer of Appropriations Between Program Years in the Community
Development Block Grant Fund.
26D. First Reading of Ordinance No. 060, 2005, Appropriating Unanticipated Revenue in the
HOME Investment Partnerships Fund.
Councilmember Kastein made a motion, seconded by Councilmember Ohlson, to adopt and approve
all items not withdrawn from the Consent Calendar. The vote on the motion was as follows: Yeas:
Councilmembers Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED.
May 17, 2005
Consent Calendar Follow-up
Councilmember Ohlson spoke regarding item #12 First Reading of Ordinance No. 055, 2005,
Authorizing the Purchasing Agent to Enter into an Agreementfor the Financing by Lease -Purchase
of Vehicles and Equipment and requested additional information prior to Second Reading. City
Manager Atteberry stated the City owned approximately 2,000 pieces of equipment and vehicles,
including vehicles and small equipment.
Councilmember Reports
Councilmember Roy thanked those who participated in the successful Old Town Marathon and
spoke regarding the revenue generated for the City by such events.
Councilmember Ohlson thanked staff for their help in orienting the new Councilmembers during the
transition period.
Councilmember Kastein reported on the discussions of the North Front Range Transportation and
Air Quality Planning Council relating to a presentation regarding the RTA formed in the Pikes Peak
area.
Items Related to the Completion of the Spring Cycle of the Competitive Process for
Allocating City Financial Resources to Affordable Housing and Community Development
Projects/ Programs and Community Development Activities Utilizing Community
Development Block Grant (CDBG) and HOME Investment Partnership Funds, Adopted
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
A. Resolution 2005- 055 Approving the Fiscal Year 2005 Community Development Block Grant
Programs and Projects and the Use of Unprogrammed FY 04 CDBG Entitlement Grant
Funds, Reprogrammed FY 03 HOME Grant Funds, Unprogrammed FY 04 HOME Grant
Funds, and the HOMEFY 04-05 Community Housing Development Organization SetAside
Funds for the City ofFort Collins.
B. Resolution 2005-056 Approving the Fiscal Year 2005 Home Investment Partnerships
Program for the City of Fort Collins.
C. First Reading of Ordinance No. 059, 2005, 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. 060, 2005, Appropriating Unanticipated Revenue in the
HOME Investment Partnerships Fund.
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May 17, 2005
The Community Development Block Grant (CDBG) Program and HOME Investment Partnership
Program provide Federal funds from the Department of Housing 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 the adoption of two resolutions related to
funding under the CDBG and HOME Programs. The first resolution (Resolution 2005-055)
establishes which programs and projects will receive fording with CDBG funds for the FY 2005
Program year, which starts on October 1, 2005, and the Use of Unprogrammed FY 04 CDBG
Entitlement Grant Funds, Reprogrammed FY 03 HOME Grant Funds, Unprogrammed FY 04
HOME Grant Funds, and the HOMEFY04-05 Community Housing Development Organization Set
Aside Funds. The CDBG Commission presents a list ofrecommendations as to which programs and
projects should receiveftnding. The second resolution (Resolution 2005-056) establishes the major
funding categories within the HOME Program for the FY2005 Program year, which also starts on
October 1, 2005. Specific projects for the use ofHOMEfunds will be determined in November as
a result of the fall fording cycle of the competitive process for the allocation of the City's f nancial
resources to affordable housing programs/projects and community development activities.
The following are the allocations recommended by the Community Development Block Grant
Commission to the Fort Collins City Council.
PLANNING AND ADMINISTRATION
Maximum 20% of CDBG Grant Funds - $230,817
Amount of Request
I Recommendation
I Applicant — Project
$193,046
1 $193,046
1 City o FortCollins-CDBGAdministration
$20, 000
$0
1 North Fort Collins Business Association — Urban
Renewal Action Plan
AFFORDABLE HOUSING PROJECTS
Amount o Re uest
Recommendation
Applicant — Project
$200,000
$200,000
City of Fort Collins Advance Planning - Home
Buyer Assistance
$300, 000
$300, 000
Fort Collins Housing Corporation - Village on
Plum Preservation Phase II
$152, 735
$152, 735
Fort Collins Housing Corporation - Village on
Bryan Avenue Senior Apartments, Rehabilitation
$240, 000
$51,000
Habitat for Humanity - Vacant Property
Acquisition
$251, 611
$251, 611
Neighbor to Neighbor - Rehabilitation of
A ordable Housin
$500, 000
$0
CARE Housing - Affordable Housing Land
Collaborative
$90,000
$0
Collins Colorado Housing, LLC - "Access Sumac"
Acquisition and Rehabilitation
All affordable housing project fording allocations are a Due -on -sale Loan with a 5%fee
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May 17, 2005
PUBLIC FACILITY APPLICATIONS
Amount of Request
Recommendation
Applicant — Project
$47,376
$0
City of Fort Collins Engineering - Daisy Street
Improvements
$97, 572
$0
City of Fort Collins Engineering - Scott Avenue
Improvements
$211,500
$0
City of Fort Collins Engineering - North Mason
Road Improvements
$84, 600
$0
City of Fort Collins Engineering - Alpine Street
Improvement
$97, 010
$0
City of Fort Collins Engineering - Pinon Street
Improvements
$12,000
$12,000
City of Fort Collins Facilities - Crossroads
Sa ehouse Rehabilitation
$7, 000
$7, 000
Northern Colorado AIDS Project - Facility
Purchase
All public facility funding allocations are a Due -on -sale Loan with a 5%fee
PUBLIC SERVICE APPLICATIONS
Amount o Re uest
Recommendation
Applicant — Project
$20,000
$0
Project Self -Sufficiency
$17,500
$15,000
Springfield Court Early Learning Center — Sliding
Fee Scholarshi Program
$12,464
$0
Court Appointed Special Advocates
$5,200
$0
Ensi ht Skills Center —Home Safety
$6, 669
$6, 669
Elderhaus — Eagle's Club
$20,000
$0
Win shadow - Outreach Program
$10,000
$8,500
Education and Life Training Center - Employment
Skills Training
$10, 000
$10, 000
Respite Care - Sliding Fee Scholarship Program
$9,490
$0
Meals on Wheels —Meal Subsidy Project
$19, 685
$19,685
B.A.S.E. Cam - Sliding Fee Scholarship Program
$14,000
$12,250
Sunshine School - Sliding Fee Tuition Scholarship
$15,000
$3,599
Rehabilitation and Visiting Nurses Association —
Home Health Care Scholarship Fund
$4,000
$0
FirstCall - 2-1-1 Enhanced Information and
Referral
$30,000
$25,000
Neighbor to Neighbor — Comprehensive Housing
Counseling
$14, 000
$4, 640
Northern Colorado AIDS Project - Case
Management and Homeless Prevention
$25,500
$23,500
United Day Care - Sliding Scale Tuition
Scholarship
$11,750
$7,750
The Family Center/La Familia El Nidito Child
Care Center
May 17, 2005
$30, 000
$26, 000
Catholic Charities Northern — Shelter and
Su ortive Services or the Homeless
$15,000
$0
Women's Resource Center - Dental Care
Assistance and Health Care Assistance
$10,520
$10, 520
Disabled Resource Services - Access to
Independence Program
All public services funding allocations are a Grant.
Total amount of funding requested = $2,805,228
A summary of the Commission's CDBG funding recommendations by category is as follows:
Recommended Funding
% of Total
Category
$ 193,046
14.4%
Planning and Administration (Maximum $230,817
based on 20% of CDBG Entitlement Grant
955,346
71.3%
Affordable Housin
19,000
1.4%
Public Facilities
173,113
12.9%
Public Services (Maximum $173,113 based on 15%
of CDBG Entitlement Grant
$1 340 505
100.0%
1 Total
CARRYOVER FUNDING for the Fall Cycle of the Competitive Process
Amount
Source
$121,436
Unprogrammed
FY2005 CDBG Entitlement Grant
11,831
Unprogrammed
FY2004 CDBG Entitlement Grant
46,265
Reprogrammed
FY 2003 HOME Grant
159,663
Unprogrammed
FY 2004 HOME Grant
23,330
Unprogrammed
FY 2004-05 HOME CHDO Set Aside
$362 525
1 Total
Unprogrammed funding is the amount ofgrantfunds available from a fiscal year federal grant that
has yet to be allocated to a specific project. Reprogrammed funding is the amount of grant funds
that were previously allocated to a project(s) but have been returned to the City due to failure to
complete the project(s).
Presented below is a series of tables summarizing the CDBG Commission's recommendations by
funding source.
Unprogrammed FY 04 CDBG Entitlement Grant
$12, 000
1 City of Fort Collins Facilities - Crossroads Sa ehouse Rehabilitation
7,000
Northern Colorado AIDS Project -Facility Purchase
$19,000
61.6%Allocated
11,831
38.4% Unprogrammed
$38 831
Total
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May 17, 2005
FY 05 CDBG Entitlement Grant
$193, 046
City of Fort Collins - CDBG Administration
200,000
City o Fort Collins Advance Planning - Home Buyer Assistance
300,000
FCHC — Village on Plum Preservation Phase II
166,491
Neighbor to Neighbor - Rehabilitation ofAffordable Housing
$859,537
87.6% Allocated
121,436
12.4% Unprogrammed
$980 973
1 Total
FY 05 CDBG Entitlement Grant —Public Services ($173,117 maximum)
$ 17,500
1 Springfield Court Early Learning Center — Sliding Fee Scholarship Program
6,669
Elderhaus — Eagle's Club
8,500
Education and Lie Training Center - Employment Skills Training
10,000
Respite Care - Sliding Fee Scholarship Program
19,685
B.A.S.E. Cam - Sliding Fee Scholarship Program
12,250
Sunshine School - Sliding Fee Tuition Scholarship
3,599
Rehabilitation/Visiting Nurses Association — Home Health Care Scholarship
Fund
25,000
Neighbor to Neighbor — Comprehensive Housing Counseling
4,640
Northern Colorado AIDS Project - Case Management/Homeless Prevention
23,500
United Day Care - Sliding Scale Tuition Scholarship
7,750
The Family Center/La Familia El Nidito Child Care Center
26,000
Catholic Charities Northern — Shelter/Supportive Services or the Homeless
10520
Disabled Resource Services - Access to Independence Program
$ 73113
100.0%Allocated
Reprogrammed FY 03 HOME Grant
$152, 735
1 FCHC - Village on Bryan Avenue Senior Apartments
51,000
Habitat or Humanity - Vacant Property Acquisition
$203,735
81.5%Allocated
46,265
18.5% Unprogrammed
$250 000
Total
Unprogrammed FY 04 HOME Grant
$ 0
0.0%Allocated
$159,663
100.0% Unprogrammed
$159 663
Total
HOME FY 04-05 Community Housing Development Organization Set Aside
$ 85,120
Neighbor to Neighbor - Rehabilitation o A ordable Housing
$ 85,120
78.5%Allocated
$ 23,330
21.5% Unprogrammed
$108 450
Total
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May 17, 2005
BACKGROUND
The Community Development Block Grant (CDBG) Program and HOME Investment Partnership
Program provide Federal funds from the Department of Housing 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 the adoption of two resolutions related to
funding under the CDBG and HOME Programs. The first resolution (Resolution 2005-055)
establishes which programs and projects will receive funding with CDBG funds for the FY 2005
Program year, which starts on October 1, 2005, and also how some unprogrammed and
reprogrammedfunds from both the CDBG and HOMEPrograms will be utilized during the coming
year. The CDBG Commission presents a list of recommendations as to which programs and
projects should receivefunding. The second resolution (Resolution 2005-056) establishes the major
funding categories within the HOME Program for the FY2005 Program year. Specific projects for
the use of HOME funds will be determined in November as a result of the fall funding cycle of the
competitive process for the allocation of the City's financial resources to affordable housing
programs/projects and community development activities.
The resolution establishing which programs and projects will receive CDBG funds represents the
culmination of the spring cycle of the competitive process approved in January 2000 by the Council
for the allocation of the City's financial resources to affordable housing programs/projects and
community development activities. Additional background material about the competitive process
is included in Attachment 1.
Since early January ofthis year, the CDBG Commission and members of the City staff's Affordable
Housing Team have conducted public hearings to assess community development and housing needs
in Fort Collins, conducted technical assistance training workshops for applicants, and solicited
applications for CDBG funding. The City's Affordable Housing Board reviewed the written
applications for affordable housing projects and forwarded a priority ranking of proposals, as well
as comments and questions, to the CDBG Commission. See Attachment 2 for a copy ofthe Board's
materials sent to the CDBG Commission. The CDBG Commission, in addition to reviewing the
written applications, personally interviewed each applicant, analyzed the applications, and
formulated a list of recommendations to the City Council as to which programs and projects should
receive funding.
The competitive process established refined criteria to determine priorities between proposals
received by the City. The ranking criteria are divided into five major categories. Each category is
given a total number ofpoints that has been weighed according to its importance with respect to
local and federal priorities. The five major categories are:
1. Impact/Benefit
2. Need/Priority
3. Feasibility
4. Leveraging Resources
5. Capacity and History
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May 17, 2005
The Impact/Benefit criteria provide greater rewards to proposals that target lower income groups.
The Need/Priority criteria help assure the proposal meets adopted City goals and priorities. The
Feasibility criteria reward projects for timelines and documented additional funding. The
Leveraging Resources criteria reward proposals which will return funds to the City (loans) and for
their ability to leverage other resources. And, the Capacity and History criteria help gage an
applicant's ability to do the project and reward applicants that have completed successful projects
in the past (have good track records). The ranking sheet used to assist the CDBG Commission and
the Affordable Housing Board is presented in Attachment].
The Commission also considered the funding guidelines contained in the updated Priority
Affordable Housing Needs and Strategies report adopted by the Council on July 20, 2004.
These guidelines include:
CDBG funds should generally be allocated as follows: 65% for Housing
projects; 15%for Public Services; and the balance for Administration and
Public facilities;
funds allocated to housing should generally be divided as follows: 70%for
rental projects and 30%for homeownership opportunities; and
the average subsidy should be $7,400 per unit, with relatively more funding
to projects producing housing for lower income families.
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 1976-1977 the City received HUD CDBG discretionary grants.
Since FY1977-1978, the City has been an Entitlement Grant recipient ofCDBGfunds, 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 Attachment 3.
AVAILABLE FUNDS
The amount ofthe City's CDBG Entitlement GrantforFY2005-2006 is $1,154,087. The Entitlement
Grant will be combined with $30,831 of Unprogrammed FY2004 CDBG funds and $518,113 of
HOME Program funds to create a total of $1, 703, 030 offunds available for programs and projects
during the next CDBG Program year.
The following summarizes the amount and sources of available funds:
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May 17, 2005
AMOUNT
SOURCE
$1,154,086
FY 2005 CDBG Entitlement Grant
30,831
CDBG FY 2004 Unprogrammed
Funds
250,000
HOME FY 2003 Reprogrammed
Funds
159,663
HOME FY 2004 Reprogrammed
Funds
108,450
HOME FY 2004-2005 CHDO Funds
$1 730 030
1 Total
Unprogrammed funding is the amount ofgrant funds available from a fiscal year federal grant that
has yet to be allocated to a specific project. Reprogrammed funding is the amount ofgrant funds
that were previously allocated to a project(s) but have been returned to the City due to failure to
complete the project(s).
Below is a summary of recent CDBGfunding levels allocated from HUD to the City of Fort Collins:
Year
Entitlement
Grant
Reprogrammed
Funds
Program
Income
Total
Funds
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
2000
$1,175,000
$ 34,358
$ 93,544
$1,30Z902
2001
$1,227,000
$403,151
$ 89,651
$1,719,802
2002
$1,209,000
$767,262
$ 87,712
$2,063,974
2003
$1,243,000
$ 0
$182,686
$1,425,686
2004
$1 219 000
$220 400
$ 0
$1 439 400
SELECTION PROCESS
The selection process for the City Is FY2005-2006 CDBG Program began on January 6, 2005, when
the CDBG Commission held a public hearing to obtain citizen input on community development and
affordable housing needs. The CDBG Program office placed legal advertisements in local and
regional newspapers starting in January to solicit requests for CDBGfundedprograms and projects
for FY2005-2006. The application deadline was Thursday February 24. At the close of the deadline
the City received 36 applications requesting a total of approximately $2.8 million.
Copies of all applications were forwarded through the City Manager's office to the City Council on
March 3 and placed in the Council Office for review. Also on March 3, copies of the housing
applications were distributed to the Affordable Housing Board and copies of all applications were
distributed to the CDBG Commission.
On Thursday, March 24 the Affordable Housing Board conducted a special meeting to review the
housing proposals and prepare a priority listing of applications to the CDBG Commission. On
Tuesday March 29, Wednesday March 30, and Thursday March 31, the Commission met to hear
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May 17, 2005
presentations and ask clarification questions from each applicant. The Commission then met on
Thursday April 7 for the purpose of preparing a recommendation to the City Council as to which
programs and projects should be funded for the FY 2005-2006 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 2004-2005 CDBG funds or funding in other previous years. The Commission then
worked on the formulation of their list of recommendations.
CDBG COMMISSION'S LIST OF RECOMMENDATIONS
HUD CDBG regulations limit the amount of available CDBG funds which can be allocated to
various generic categories. Funds for Planning and Administrative purposes are limited to 20%
of the total of the Entitlement Grant and any Program Income. This means the 20% limitation for
Planning and Administrativepurposes is $230,817. CDBG funds for Public Services are limited to
15% of the total of the Entitlement Grant and Program Income, making the amount $173,113.
The Commission, thus, not only had to decide which applicants presented programs and projects
which best fit into the City's CDBG Program, but also had to insure funding allocations were kept
within HUD regulations and follow the funding guidelines contained in the Priority Affordable
Housing Needs and Strategies report.
Listed below is a summary of each applicant's initial request for funding and the Commission's list
of recommendations.
PLANNING AND ADMINISTRATION
AD-2 City of Fort Collins - CDBG Administration
Amount of Request: $193,046
Recommendation: $193,046
Proposal covers the administrative costs of the FY 2005-2006 CDBG Program Administration
including salary, benefits and operating expenses for 2.4 staff positions.
PA-1 North Fort Collins Business Association — Urban Renewal Action Plan
Amount of Request: $20, 000
Recommendation: $0
This proposal will cover costs to help implement the North College Urban Renewal Plan beyond
the City's efforts to conduct a market study for the area and update the North College Corridor
Plan.
May 17, 2005
AFFORDABLE HOUSING PROJECTS
HO-I City of Fort Collins Advance Planning - Home Buyer Assistance
Amount of Request: $200,000 Due -on -sale loan with 5%fee
Recommendation: $200,000 Due -on -sale loan with 5%fee
This program is administered by the Advance Planning Department and provides zero percent
interest loans to eligible first-time homebuyers. The assistance covers down payment and closing
costs to a maximum of $9,576 for households at 51 % to 80% of Area Median Income (AMI) and
$19,152 for buyers at or below 50% ofAM1 who are receiving section 8 assistance or Habitat loans.
Approximately 40 households will be assisted in the next year with this portion of the funding.
Matching HOME funds will be requested in the fall cycle.
HO-2 Fort Collins Housing Corporation - Village on Plum (aka Sleepy Willow)
Preservation Phase H
Amount of Request: $300,000 Due -on -sale loan with 5%fee
Recommendation: $300,000 Due -on -sale loan with 5%fee
The Village on Plum is located at Taft Hill Road and West Plum Street. The Fort Collins Housing
Corporation is requesting funding for various upgrades to improve marketability and retention,
based upon the recommendations of the private consultant that conducted a study last fall.
Improvements include: replacement of aluminum windows and window coverings, electrical
replacements/fixtures, boilers, air conditioners, site -work and parking.
HO-3 Fort Collins Housing Corporation - Village on Bryan Avenue Senior Apartments,
Rehabilitation
Amount of Request: $152,735 Due -on -sale loan with 5%fee
Recommendation: $152,735 Due -on -sale loan with 5%fee
The Village on Bryan Avenue, Senior Apartments are located on the corner of Bryan Avenue and
Mountain Avenue. The Fort Collins Housing Corporation is requestingfundingfor immediate needs
of the property including: air conditioning, accessible tub surrounds, security, wheel chair
accessible automatic door, and concrete repair.
HO-4 Habitat for Humanity -Vacant Propertv Acguisition
Amount of Request: $240,000 Due -on -sale loan with 5%fee
Recommendation: $51,000Due-on-sale loan with 5%fee
Habitat for Humanity is requesting money to purchase four lots at $60, 000 per lot.
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May 17, 2005
HO-5 Neighbor to Neighbor -Rehabilitation of Affordable Housing
Amount of Request: $251,611 Due -on -sale loan with 5%fee
Recommendation: $251,611 Due -on -sale loan with 5%fee
Neighbor to Neighbor (N2N) is requesting funds to improve and preserve existing affordable
housing. N2N recently completed a Capital Needs Assessment of their properties, and this
application addresses their priority needs for nine of their properties.
HO-6 CARE Housing -Affordable Housing Land Collaborative
Amount of Request: $500,000 Due -on -sale loan with 5%fee
Recommendation: $0
CARE Housing proposes to acquire 35 acres of land at Rigden Farm, to be used in a collaborative
development with the Fort Collins Housing Authority, and Fort Collins Habitatfor Humanity. The
collaborative partnership would result in the development of at least 109 multi family rental units
and 56 single-family homes.
HO-7 Collins Colorado Housing. LLC - "Access Sumac"Acquisition and Rehabilitation
Amount of Request: $90,000 Due -on -sale loan with 5%fee
Recommendation: $0
Collins Colorado Housing is requestingfunding to acquire, preserve as affordable, and rehabilitate
for accessibility, an existing 4 plex located at 3303 Sumac Street. $50,000 of the request is for
acquisition and $40, 000 for rehabilitation of two units. These units will provide housing for those
who are disabled and want to remain in their homes. Residents would also be connected with local
resources through direct referral.
PUBLIC FA CILITY APPLICA TIONS
PF-I City of Fort Collins Engineering - Daisy Street Improvements
Amount of Request: $47,376 Grant
Recommendation: $0
Engineering is requestingfundingto upgrade the existing roadwayfrom a sidewalk -less, gravel and
dirt roadway to a paved roadway, including: an asphalt surfaced road, concrete sidewalks, and a
curb and gutter drainage system.
PF-2 City of Fort Collins Engineering - Scott Avenue Improvements
Amount of Request: $97,572 Grant
Recommendation: $0
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May 17, 2005
Engineering is requestingfunding to upgrade the existing roadwayfrom a sidewalk -less, gravel and
dirt roadway to a paved roadway, including: an asphalt surfaced road, concrete sidewalks, and a
curb and gutter drainage system.
PF-3 City of Fort Collins En ins eering - North Mason Road Improvements
Amount of Request: $211,500 Grant
Recommendation: $0
Engineering is requestingfunding to upgrade the existing roadwayfrom a sidewalk -less, gravel and
dirt roadway to a paved roadway, including: an asphalt surfaced road, concrete sidewalks, and a
curb and gutter drainage system.
PF-4 City of Fort Collins Engineering - Alpine Street Improvements
Amount of Request: $84,600 Grant
Recommendation: $0
Engineering is requestingfunding to upgrade the existing roadwayfrom a sidewalk -less, gravel and
dirt roadway to a paved roadway, including: an asphalt surfaced road, concrete sidewalks, and a
curb and gutter drainage system.
PF-5 City of Fort Collins Engineering - Pinon Street Improvements
Amount of Request: $97,010 Grant
Recommendation: $0
Engineering is requestingfunding to upgrade the existing roadwayfrom a sidewalk -less, gravel and
dirt roadway to a paved roadway, including: an asphalt surfaced road, concrete sidewalks, and a
curb and gutter drainage system.
PF-6 City of Fort Collins Facilities - Crossroads Safehouse Rehabilitation
Amount of Request: $12,000 Due -on -sale loan with 5%fee
Recommendation: $12,000 Due -on -sale loan with 5%fee
The City of Fort Collins, Facilities developed the Crossroads Safehouse Master Plan in September
of 2004. This application requests funding to address priorities of the plan including: a new
furnace, new sidewalk, and insulation improvements to increase energy efficiency and improve the
comfort of the residents.
WoN
May 17, 2005
PF-7 Northern Colorado AIDS Proiect - Facility Purchase
Amount of Request: $7, 000 Due -on -sale loan with 5%fee
Recommendation: $7,000 Due -on -sale loan with 5%fee
Northern Colorado AIDS Project is seeking funding to complete the acquisition of their facility at
400 Remington Street.
PUBLIC SERVICE APPLICATIONS
PS -I Project Self -Sufficiency
Amount Requested: $20,OOOGrant
Recommendation: $0
The mission of Project Self -Sufficiency is to assist single parents in their efforts to build and
maintain strong, healthy families, achieve economic independence, and become free from
community and government assistance. CDBG funds of $20, 000 will be used to pay salaries of
advisors who work with Fort Collins participants.
PS-2 Springfield Court Early Learning Center — Sliding Fee Scholarship Program
Amount Requested: $17, 500 Grant
Recommendation: $15,000 Grant
Offeringfull-day childcare services, Springfield Court Early Learning Center scholarshipprogram
provides sliding scale day care to benefit low-income families. CDBG funding of $17,500 will
provide sliding scale day care for 32 children, at a requested subsidy of $547 per child.
PS-3 Court Appointed Special Advocates
Amount Requested: $12, 464 Grant
Recommendation: $0
CASA recruits and trains community volunteers to work as Court Appointed Special Advocates to
represent children who are in the court system due to abuse and/or neglect. CDBG funding of
$12,464 will provide partial salaries for the Case Supervisors and the Volunteer Coordinator.
PS-4 Ensight Skills Center — Home Safety
Amount Requested: $5,200 Grant
Recommendation: $0
Ensight provides visual rehabilitation to people with diseases of the eye. CDBG funding of $5,200
will provide the partial salaryfor one of two part-time Occupational Therapists to do home visits.
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May 17, 2005
PS-5 Elderhaus — Eagle's Club
Amount Requested: $6, 669 Grant
Recommendation: $6,669 Grant
Eagle's Club is a men's group designed to meet the biopsychosocial needs of the members and to
encourage participation so that their caregivers can receive some needed time away. CDBG funds
of $6, 669 would be used to pay the partial salary of the Program Director.
PS-6 Wingshadow - Outreach Program
Amount Requested: $20,000Grant
Recommendation: $0
The Outreach Program includes six services: Street Intervention, Wolf Paws, G.E.D. classes,
Community Service Projects and the Challenge Course. CDBG funds of $20, 000 would be used to
pay the entire salary of an outreach assistant.
PS-7 Education and Life Training Center - Employment Skills Training
AmountRequested: $10, 000 Grant
Recommendation: $8,500 Grant
ELTC equips clients, many ofwhom are often low- and moderate- income, for immediate entry into
the job market through a variety of skills training. CDBG funds of $10,000 would be used to
provide salaries and benefits ofteachers who provide computer courses, medical office courses and
literacy courses.
PS-8 Respite Care - Sliding Fee Scholarship Program
Amount Requested: $10,OOOGrant
Recommendation: $10,000 Grant
Respite Care offers day and overnight care as a service for families with developmentally disabled
children up to age 21. CDBG funds of $10, 000 could be used to provide sliding fee scholarships
to low-income families. The subsidy requested is $500 per child for specialized care.
PS-9 Meals on Wheels — Meal Subsidy Proiect
Amount Requested: $9,490 Grant
Recommendation: $0
Meals on Wheels provides meals and social interaction to homebound clients in Fort Collins five
days a week. CDBG funds of $9, 490 would be used to completely subsidize a year's worth of meals
to 10 extremely -low and low-income persons.
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May 17, 2005
PS-10 B.A.S.E. Camp -Sliding Fee Scholarship Program
Amount Requested: $19, 685 Grant
Recommendation: $19,685 Grant
BASE Camp provides before and after school day care for 1800 elementary -aged children at 25
school sites. CDBG funds of $19, 685 would be used to support sliding fee scholarships for low-
income families. The requested subsidy is $197 per child, for children receiving part-time care.
PS-11 Sunshine School- Sliding Fee Tuition Scholarship
Amount Requested: $14, 000 Grant
Recommendation: $12,250 Grant
Sliding Fee Tuition Scholarship provides qualityfull-day childcare services to low-income families
of children 2-112 to 6 years of age. CDBG funds of $14, 000 would be used to support sliding fee
scholarships for 16 low-income children. The requested subsidy is $875 per child.
PS-12 Rehabilitation and Visiting Nurses Association —Home Health Care Scholarship Fund
Amount Requested: $15, 000 Grant
Recommendation: $3,599 Grant
RVNA provides home care services, skilled and unskilled, as well as acute and long-term care.
CDBG funds of $15,000 would provide services to 25 frail, elderly and/or disabled who have
minimal or no access to healthcare needs. The requested subsidy per person served is $600.
PS-13 FirstCall - 2-1-1 Enhanced Information and Referral
Amount Requested: $4,000Grant
Recommendation: $0
2-1-1 provides information about services that are available and makes appropriate referrals to the
programs which will best serve the caller's needs. CDBG funds of $4, 000 will be used to support
the staff salary of one referral specialist.
PS-14 Neighbor to Neighbor —Comprehensive Housing Counseling
Amount Requested: $30, 000 Grant
Recommendation: $25,000 Grant
Housing Counseling consists of Emergency Rent Assistance Counseling, Pre -rental Counseling,
Landlord/Tenant Counseling, Pre purchase Counseling/Homebuyer Training, Mortgage Default
Counseling and Reverse Mortgage Counseling. CDBG funds of $30, 000 would be used to support
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May 17, 2005
the staff salaries of direct -service employees. The requested subsidy is $9 per person served, for
the variety of services provided.
PS-15 Northern Colorado AIDS Project -Case Management and Homeless Prevention
Amount Requested: $14, 000 Grant
Recommendation: $4,640 Grant
The Case Management and Homeless Prevention Program help families and individuals coping with
HIV/AIDS retain their stability and health as their ability to be financially independent diminishes.
CDBG funds of $14, 000 will provide partial funding for two case managers, and a special fund to
provide short-term housing assistance, prescription assistance and utility assistance to keep clients
housed and in stable living situations.
PS-16 United Day Care -Sliding Scale Tuition Scholarship
Amount Requested: $25,500 Grant
Recommendation: $23,500 Grant
United Day Care provides full -day early child care and education programs. CDBG funds of
$25, 500 would be used to subsidize the difference between the parent fee and the actual cost of care
for 47 low-income children. The requested subsidy per child is $543.
PS-17 The Family Center/La Familia El Nidito Child Care Center
Amount Requested: $11,750 Grant
Recommendation: $7, 750 Grant
The Family Center provides bilingual early childhood development care as well as other
educational programs to provide a full -range of services for the child and his family. CDBG funds
of $11,750 would be used to support the staff salaries of three teachers to help retain a stable
staffing environment. The requested subsidy translates to $181 per person served.
PS-18 Catholic Charities Northern —Shelter and Supportive Services for the Homeless
Amount Requested: $30, 000 Grant
Recommendation: $26,000 Grant
The Mission provides overnight shelter to homeless individuals and families. CDBG funds of
$30, 000 would be used to support salaries to staff The Mission. The requested subsidy translates
to $33 per person served.
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May 17, 2005
PS-19 Women's Resource Center -Dental Care Assistance and Health Care Assistance
Amount Requested: $15, 000 Grant
Recommendation: $0
Dental Care and Health Care assist low-income women with their dental health needs and
information on HIV/AIDS prevention. CDBG funds of $15, 000 would provide support for staff
salaries.
PS-20 Disabled Resource Services -Access to Independence Program
Amount Requested: S10,520Grant
Recommendation: $10,520 Grant
The DRS Independent Living Center provides short and long-term help to low-income disabled.
CDBGfunds of $10,520 would be used to support staffsalaries.
Total amount of funding requested = $2,805,228
A summary of the Commission's CDBG funding recommendations by category for the total amount
offunds available is as follows:
Recommended Funding
% of Total
Category
$ 193,046
14.4%
Planning and Administration (Maximum $230,817
based on 20% o CDBG Entitlement Grant
955,346
71.3%
A ordableHousin
19,000
1.4%
Public Facilities
173,113
12.9%
Public Services (Maximum $173,113 based on 15%
of CDBG Entitlement Grant
$1 340 505
100.0%
1 Total
CARRYOVER FUNDING or the Fall Cycle of the Competitive Process
Amount
Source
$121,436
Unprogrammed
FY2005 CDBG Entitlement Grant
11,831
Unprogrammed
FY2004 CDBG Entitlement Grant
46,265
Reprogrammed
FY2003 HOME Grant
159,663
Unprogrammed
FY 2004 HOME Grant
23,330
Un ro
rammed FY2004-05 HOME CHDO Set Aside
$362 525
1 Total
The total amount of CDBG funding requests considered by the CDBG Commission was
approximately $2.8 million, however, only $1.7 million of CDBG and HOME funds are 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
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May 17, 2005
funding or less funding than requested in order to keep the generic category within program
maximums.
The CDBG Commission has recommended full funding for eleven (11) proposals. In the
Commission's opinion, these applications recommended for full funding best fit CDBG Program
national objectives, the selection criteria, and the funding guidelines.
The CDBG Commission has recommended partial fundingfor ten (10) proposals. Proposals, which
did not receive full funding, were deemed of a lower priority and, in some cases, a lack of funds,
program category limitations (especially in the Public Services category), or funding guidelines
prohibited their full funding.
The Commission has recommended no funding for fifteen (15) proposals.
The Commission's reasons for either full funding, partial funding, or no funding are presented in
Attachment 4.
A comparison of the Commission's funding recommendations according to the priority ranking
of affordable housing proposals developed by the Affordable Housing Board is presented below.
The table lists the Board's ranking of affordable housing proposals and presents each
proposal's request for funding and the funding recommendation by the Commission.
Priority
Applicant
Funding
Funding
Ranking
Project
Request
Recommendation
1
City of Fort Collins
$200,000
$200,000
Home Buyer Assistance Program
2
Ft. Collins Housing Corporation Bryan
$152, 735
$152, 735
Avenue Senior Apartments,
Rehabilitation
3
Ft. Collins Housing Corporation
$300,000
$300,000
Village on Plum Preservation Phase II
4
CARE Housing
$500, 000
$0
Affordable Housing Land
Collaborative
5
Neighbor -to -Neighbor
$251,611
$251,611
Rehabilitation of,41fordable Housing
6
Collins Colorado Housing
$90, 000
$0
"Access Sumac" Acquisition and
Rehabilitation
7
Habitatfor Humanity
$240,000
$51,000
Vacant Property Acquisition
Again, the Commission's reasons for eitherfull funding, partial funding, or no funding are presented
in Attachment 4. "
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May 17, 2005
City Manager Atteberry introduced the agenda item and stated staff and CDBG Chair Bob Browning
were available to answer questions.
Ken Waido, Chief Planner, presented background information regarding the agenda item. He noted
that the Council had conducted a study session on this matter. He stated the funds being allocated
came from two sources — the Community Development Block Grant program and the HOME
program. He stated the City received 36 proposals requesting over $2.8 million and that there was
just over $1.7 million available to allocate. He stated some proposals could not be funded and that
some proposals could not be fully funded. He stated the CDBG Commission was making
recommendations for funding after extensive review of the proposals, interviews and deliberations
regarding the merits of the proposals. He stated the Commission was recommending the allocation
of $1.3 million, with over 71 % going toward affordable housing proposals. He stated $173,113 was
recommended for allocation in the public services area and that some funding was recommended
for public facilities and program administration. He stated 80% of the funding was recommended
for allocation to programs and projects. He stated the Commission was also recommending that
$362,000 be carried over to the fall cycle to be combined with other monies that would become
available for new proposals.
Mayor Hutchinson stated audience participants would each have three minutes to speak.
Sandra Collogi, Director of Community Outreach for Crossroads Safehouse, stated the $12,000
recommended for Crossroads Safehouse facility master plan upgrades was critical funding.
Mark Brophy,1109 West Harmony Road, asked how much would be paid by the federal government
and how much would be paid by the City.
Nancy Jackson, Disabled Resource Services Director, thanked the City for the full funding received
by the agency.
Erin Fugler, Fort Collins Program Manager for Neighbor -to -Neighbor, thanked the City for the
funding received by the program.
Linda Preston, Base Camp Executive Director, expressed appreciation for CDBG funding for the
program.
Julia Crommer, Neighbor -to -Neighbor Asset Manager, thanked the City for the CDBG funding
received by the program.
Ann Porter, United Day Care Center Executive Director, thanked the Council for CDBG funding
support for the program.
Councilmember Roy asked staff to answer Mr. Brophy's question. Waido stated all of the funds
being allocated were federal funds from the Department of Housing and Urban Development
through the CDBG and HOME Investment programs.
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Councilmember Weitkunat made a motion, seconded by Councilmember Manvel, to adopt
Resolution 2005-055, Resolution 2005-056, Ordinance No. 059, 2005 on First Reading and
Ordinance No. 060, 2005 on First Reading.
Councilmember Weitkunat expressed appreciation for the work of the CDBG Commission. She
stated she had concerns about administrative dollars and the North College project. She asked staff
and the Commission to consider the work session discussion during the fall cycle.
Councilmember Roy stated the Council had received quality background information on this agenda
item and that there had been a work session discussion. He stated this program served "core needs"
of the community.
Councilmember Manvel stated this was "vital funding" and that there were many worthwhile
projects that could not be funded. He stated the CDBG Commission had a difficult job in
developing a recommendation.
The vote on the motion was as follows: Yeas: Councilmembers Hutchinson, Kastein, Manvel,
Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED.
Resolution 2005-057,
Approving Certain Key Outcomes for the
Budgeting for Outcomes Budeet Preparation Process, Adopted
The following is staffs memorandum on this item.
"EXECUTIVE SUMMARY
After years of using a base plus incremental budget approach to the City's service and financial
planning, the existing economic realities present an opportunity to move to an innovative and more
responsive budget process —Budgeting for Outcomes.
As policy makers, City Council has a key role in the development and adoption ofthe City's service
and financial plan. In past years, the Council's policy agenda has been indirectly linked to
preparation ofthe biennial budget. Budgetingfor Outcomes offers afresh approach to developing
the budget more directly linked to Council policies and based on results. City Council strongly
endorsed this approach and its role in the process.
One ofthe initial steps in Budgeting for Outcomes is to identify key results or outcomes upon which
the budget is to be prepared. Taking into account data from the communityfeedbackfrom citizens
to Council members and survey data —the City Council, at its May 3 work session, identified seven
results or outcomes on which the 2006-2007 biennial budget will focus. These include:
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Improve Economic Health: Fort Collins produces quality jobs, is economically
diverse and builds on our core community strengths such as higher education,
downtown, natural environment, and arts and culture.
Improve Environmental Health: Fort Collins creates a clean and sustainable
environment.
Improve Neighborhood Quality: Fort Collins improves the safety, livability, choices
and affordability of neighborhoods.
Safer Community: People in Fort Collins are safer at home, work, and play.
Improve Cultural, Recreational, and Educational Opportunities: Fort Collins
provides quality cultural, recreational, open space/natural areas, and educational
opportunities to enrich lives.
Improve Transportation: Fort Collins improves the safety and ease of traveling to,
from, and throughout the city.
A High Performing Government: Fort Collins is a model for an entrepreneurial,
high performing City government
These outcomes or results form the foundation of the development of the 2006-2007 biennial budget
and the City Manager's recommended budget that will be presented to City Council in September
2005. Additionally, the Council intends to use these key outcomes in the development of its 2005-
2007 Policy Agenda. "
City Manager Atteberry stated this was an important agenda item and would formalize direction
given at previous meetings by the City Council. He strongly recommended that the Council approve
the Resolution.
Diane Jones, Deputy City Manager, stated the Resolution would outline the foundation for
Budgeting for Outcomes. She stated this was an effort to identify the "key results" that mattered to
citizens of the community: (1) to improve the economic health of Fort Collins; (2) to improve
environmental health; (3) to improve neighborhood quality; (4) to ensure a safer community; (5) to
improve the cultural, recreational and educational opportunities; (6) to improve transportation; and
(7) to be a high performing government. She stated this would be the foundation for the budget
process and for some of the policy work that would be done by the Council over the next few years.
She stated dollars would be allocated among the seven result areas and that the City was reviewing
the factors (activities, services) that would produce those results. She stated based on the
framework, the staff would prepare "offers" or "packages" of services and programs that would
relate to producing those results. She stated there would be a process of ranking and selecting the
offers for development of the recommended budget to be submitted to the City Council in
September.
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Mark Brophy,1109 West Harmony Road, stated the City should not be "entrepreneurial" and should
be the "referee" between competing entrepreneurs. He stated there needed to be enough government
spending to ensure a safer community but that too much spending would make people "afraid" of
the government.
Councilmember Kastein asked when the Council will set the policy agenda. City Manager Atteberry
stated had not yet been determined. He stated there would be a connection between the policy
agenda process and the Budgeting for Outcomes process. He stated staff could make
recommendations on the policy agenda process and that the Council would determine the process.
He stated the two processes could be overlapping or separate. He suggested that the Council
determine its preference and stated a detailed policy agenda discussion by Council would improve
the quality of the process.
Mayor Hutchinson stated the seven key results were the foundation and that adoption of the
Resolution would give the staff the basis for further work. He suggested that the Leadership Team
put together a proposed schedule for Council's discussion by e-mail.
Councilmember Kastein stated it was important to have a policy agenda process in place that the
Council could agree on. He stated he believed that the policy agenda needed to be in place early in
the Budgeting for Outcomes process.
Mayor Hutchinson stated the Leadership Team would put together a proposed schedule for
Council's discussion.
Councilmember Ohlson asked if the wording in the first six key outcomes was the exact language
arrived at during the work session. City Manager Atteberry replied in the affirmative.
Councilmember Ohlson asked about the seventh key outcome relating to "high performing
government" and suggested that the language be "high performing City government." He asked for
an explanation of how staff viewed "entrepreneurial high performing City government" and stated
he felt that it was important that everyone understand what that meant. City Manager Atteberry
stated the dictionary definition of "entrepreneurial" related to capitalistic ways and profit centers.
He stated was not the "spirit" in which this outcome had been discussed. He stated he viewed an
"entrepreneurial high performing City government" as one that was innovative and creative, made
up of initiators, proactive in bringing forth new policy recommendations, problem solving oriented,
and energetic. He stated the concept related to the energy level and spirit of the workforce.
Councilmember Manvel stated he hoped that "high performing" would also include "efficient and
economical." City Manager Atteberry stated those concepts were embedded in the overall concept
of "high performing." He stated this would become apparent in the requests for results, the three
indicators, the results maps and the causal factors. He stated "best practices" did not always mean
the most expensive and "glamorous." He stated "efficient" was implicit within the concept of"high
performing."
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Councilmember Manvel stated he believed that "entrepreneurial' spoke to doing things in new,
creative ways to save money i.e. finding ways for people to do business with the City on the Internet.
Councilmember Kastein made a motion, seconded by Councilmember Weitkunat, to adopt
Resolution 2005-057.
Councilmember Kastein stated the definition of "high performing government' must be refined
during development of the policy agenda. He stated this could mean adding dimensions such as
"efficient, cost effective and proactive" and specifying what those terms meant. He stated the policy
agenda should provide more direction for staff and should assign priorities.
Councilmember Roy asked staff to outline the time line of events in the budget process. City
Manager Atteberry stated he must deliver a recommended budget to the City Council by the first
Tuesday in September. He stated staff would be working with the Council in the interim. He stated
a work session was scheduled for June 9 for Council to review the work done by staff teams on the
Request for Results. He stated staff teams were working to prepare "offers" for evaluation by
various results teams that would be working on funding recommendations. He stated this would be
an open and collaborative staff process.
Councilmember Roy stated he wanted to make the citizens aware of the new Budgeting for
Outcomes process and to make sure that the citizens had opportunities to provide feedback. He
asked if there was a way to allow such feedback via the City website. City Manager Atteberry stated
this had not been done but would be easy to accomplish.
Mayor Hutchinson asked that the policy plan process and budget milestones be shown together on
the information to be sent to the Council.
The vote on the motion was as follows: Yeas: Councilmembers Hutchinson, Kastein, Manvel,
Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED.
Items Relating to the Purchase and
Lease of Property Located at 212 LaPorte Avenue, Adopted
The following is staff s memorandum on this item.
"FINANCIAL IMPACT
Ten months ofrental payment ($30,000) will be paid to the City ofFort Collins at the time ofclosing
and will be used as part of our purchase price of the property. Rent collected after the tenth month
will result in unanticipated revenue to Operation Services. The tenant will pay all expenses for
maintenance, utilities, janitorial and taxes.
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EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 050, 2005, Appropriating Unanticipated Revenue in the
Capital Projects Fund - Building Community Choices - New Main Library /Acquisition and
Design Capital Project and Authorizing the Transfer Between Funds of Existing Revenue
to be used to Purchase Property Located at 212 LaPorte Avenue.
B. Resolution 2005-049 Authorizing the City Manager to Execute a Lease Agreement for 212
Laporte Avenue, Fort Collins, Colorado to Abraxis Art Glass & Doors, Inc.
The City of Fort Collins developed the Downtown Civic Center Master Plan in 1996 At that time,
the Plan called for Block 32 to have municipal government offices and a library. The Plan includes
a pedestrian corridor through the middle of the block. The City has purchased most of the Block,
but there are currently two properties still under individual ownership.
The City constructed its new office building on the east half of Block 32 and the Plan contemplates
the construction of the new Library on the westerly side of Block 32. This Library is part of the
Building Community Choices.
During the design phase of the office building at 215 North Mason, staff attempted to acquire the
property 212 West LaPorte Avenue. The owner did not want to sell. The decision was made to
design and construct the building without impacting the property at 212 West LaPorte Avenue. The
existing building impacted the continued flow of the pedestrian corridor and there have been
parking issues since the City's occupation of the office building.
The owner of 212 West LaPorte Avenue is moving his business and has approached the City to
purchase the property. This is a good opportunity to purchase this site for the City's future use on
the Block. With this property, the City will own the entire Block exceptfor the southwesterly corner.
Buying today with a willing seller will save the City money in the future and, until the Block is
developed, the City will rent the property to generate income.
The purchase price is $625,000. The seller will be leasing the premises after closing until his
building is built. At the time of closing, the purchase price will be credited by $30, 000 for ten
month's rent of the property. The balance due after this credit is $595, 000, of which $250, 000 is
available in the capital Projects fund - Building Community Choices - New Main
Library/Acquisition and Design capitalproject. In addition, staffis recommending that Council use
existing appropriations in the Capital Projects Fund - Major Building Maintenance, totaling
$345, 000, for the balance of the purchase price. Ordinance No. 050, 2005, which approves funding
for the acquisition of this property, was unanimously adopted on First Reading on May 3, 2005.
Until the time this property is neededfor construction ofthe Library, the City will rent the property.
The first tenant will be the existing occupant of the building, Abraxis Art Glass & Doors, Inc. The
owner of this company is constructing a new building at another location and until the construction
is complete, the company will rent this space from the City at the rate of $3, 000 per month. At the
time of closing, the tenant will pay to the City $30, 000, representing 10 month's rental payment.
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The term of this Lease is for one year, with an option to renew for a second year. The lease also
allows the tenant to terminate the lease without penalty upon thirty (30) days notice to the City.
During the term of this lease, the tenant will be responsible for the following costs: building
maintenance, taxes, janitorial and all utilities. "
City Manager Atteberry stated staff could present a brief summary and respond to questions.
Mayor Hutchinson requested a brief staff presentation.
Helen Matson, Real Estate Manager, presented background information relating to the proposed
purchase of the building at 212 LaPorte Avenue for future library use for $625,000. She stated the
building would be rented back to the seller for 10 months and that $595,000 would be paid by the
City at closing.
Ken Marmon, Operations Services Director, stated the plan was to keep the purchase price down by
continuing to rent the property until it was needed by the City in the future.
Mark Brophy, 1109 West Harmony Road, stated the City had become a "land baron" and that the
City should not be in the real estate business. He stated there was land around the current building
for expansion. He stated moving the library to the new location would impact property values
around the current location. He stated library patrons at a downtown location would have to park
in a parking garage. He stated $595,000 would be spent to provide a library that would give "worse
service" than the existing library. He stated the budget should be cut and that this would be a good
place to do that.
Councilmember Weitkunat asked for clarification that the purchase of land would be done through
Building Community Choices money and that the voters approved the purchase of land for a library.
Matson replied in the affirmative.
Councilmember Weitkunat stated this piece of land was not available when the original land
purchase was completed.
Councilmember Ohlson asked for a one -page memo regarding the restrictions on the existing library
site regarding how the land could be used. City Manager Atteberry stated construction on current
main library site was limited.
Councilmember Manvel stated it was his understanding that there were two ballot issues on which
ballots were case — one to build a new library on that site and the second to leave that block as
mostly open space. He stated both issues passed and that the current building footprint was the
maximum that could be allowed. He stated that at this time the maximum square footage was
already taken up by the current library.
Councilmember Kastein asked how much of the $625,000 was Building Community Choices
money. Matson stated there was a balance of $345,000 in Building Community Choices money and
that the rest would be taken from facilities maintenance and would be repaid at a later time.
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Councilmember Ohlson asked if taking money from facilities maintenance would delay any building
repair. Marmon stated the money was coming specifically from Facility Capital Maintenance, which
could be used only for specific purposes.
Councilmember Ohlson made a motion, seconded by Councilmember Roy, to adopt Ordinance No.
050, 2005 on Second Reading and to adopt Resolution 2005-049. The vote on the motion was as
follows: Yeas: Councilmembers Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays:
None.
THE MOTION CARRIED.
Ordinance No. 057, 2005,
Authorizing the Acquisition by Eminent Domain Proceedings of Certain
Lands Necessary for the Construction of Public Improvements in
Connection with the Dry Creek Drainage
Improvements Project - East Vine Diversion Channel. Adopted on First Reading
The following is staff s memorandum on this item.
"FINANCIAL IMPACT
Property acquisition costs for the construction of the Dry Creek Drainage Improvements Project
will be covered by available project funds. Appropriations for the Project consist of $1, 700, 000 in
2003, $3,000,000 in 2004 and $3,400,000 in 2005.
EXECUTIVE SUMMARY
The design portion of the Dry Creek Drainage Improvements Project ("Project') began in 2003.
The construction of the Project began in April 2005 with completion scheduled for 2006. The total
project involves a combination ofsub projects in the upper, middle and lower basins of Dry Creek
with the goal of reducing the likelihood of flooding in Fort Collins and Larimer County.
The approval of this ordinance does not automatically result in the filing of a petition in eminent
domain; it simply allows staff to use the process if good faith negotiations fail to result in an
agreement between the City and affected property owners. Staff is hopeful that all acquisitions will
be accomplished by agreement.
Staff intends to follow the standard City acquisition process:
Staff will conduct an internal value finding. If the preliminary valuation of the property
indicates that the value of the property to be acquired exceeds $5, 000 staff will order an
appraisal from a certified appraiser.
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2. Staff will attempt to meet with each property owner onsite, and may include the appraiser
in this meeting.
3. Staff will mail and/or hand deliver letters of intent to the owners with written offers based
on the internally prepared valuefindings or appraisals.
4. Staff will negotiate in good faith to reach a mutually acceptable agreement.
5. Staff will inform the owners that they always have the right to consult with their own
appraiser and/or attorney at any time in the process.
BACKGROUND
Dry Creek, a tributary to the Poudre River, extends from the Wyoming border to where it joins the
Poudre River near the intersection of Mulberry Street and Timberline Road. The Dry Creek Basin
("Basin') is approximately 23 miles long and six miles wide, encompassing approximately 62
square miles. The upper and middle portions of the basin are primarily used as rangeland, irrigated
hay meadows andpastures. The majority ofthe lower basin is developedfor commercial, industrial
and residential uses.
The 100 year floodplain and floodway were originally mapped as part of a Federal Emergency
Management Agency ("FEMA') Flood Insurance Study in 1979 and revised in 1996 The original
master plan was completed in 1980. In 2002, Fort Collins Utilities mapped a revisedfloodplain and
foodway for portions of the Basin as part of a comprehensive update of the City's stormwater
master plan. The floodplain and floodway map reflect the higher rainfall standard adopted by City
Council in 1999. Dry Creek is a FEMA designatedfloodplain and is subject to the City's floodplain
regulations.
The total project includes modifications to Douglas Lake spillway, construction of two detention
ponds, installation of a SCADA system, construction of an irrigation water supply pipeline from
Reservoir #4 to Terry Lake, and construction of open channels to carry stormwater flows from the
Larimer & Weld Canal to near the confluence of Dry Creek and the Poudre River. Sub projects in
the lower basin are currently in the final design phase. In the lower basin one of these sub projects,
the East Vine Diversion Channel, requires the purchase of a permanent storm water and access
easement and a temporary construction easement from a private property owner.
Staff has initiated the negotiation and education process and is reviewing the proposed
improvements with the affected property owners. However, to ensure that the City will be able to
secure all of the property interests needed in time to begin construction of the sub project, it is
necessary to initiate the first step of the eminent domain process, including passage of this
ordinance authorizing acquisition by eminent domain. Staff has advised the affected property
owners that it is not unusual for the City to authorize the use of eminent domain at the same time
as negotiations are takingplace and that it is the City 's intention to continue goodfaith negotiations
for the property interests. "
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City Manager Atteberry introduced the agenda item.
Helen Matson, Real Estate Manager, stated staff was requesting permission to go forward with
eminent domain proceedings only if a mutually agreed satisfactory price could not be negotiated
between the City and the Weiss family. She stated the property was needed for the Dry Creek
Drainage Improvement Project - East Vine Diversion Channel.
Dean Saye, Utilities Project Manager, gave a brief overview of the Dry Creek project and how this
property would be affected by the East Vine Diversion Channel. He addressed the potential for
flooding in the North College trailer parks and businesses. He described the stormwater mitigation
components of the project involving detention and conveyance. He stated Douglas Reservoir and
two reservoirs to be built would be used for detention and that the Larimer-Weld Canal would
convey flood flows around the northeast part of Fort Collins to a site spill weir to the new East Vine
Diversion Channel. He stated the Weiss property was bounded on the north by the Larimer-Weld
Canal and on the south by Vine Drive. He stated this property would have some benefit due to the
removal of about 10 acres from the flood fringe. He stated the proposed alignment of the East Vine
Diversion Channel was chosen because it was the shortest route that could be taken without using
a diagonal route. He stated this route would also allow utilization of the Lindenmeier Lake Outlet
Channel as a flood control. He stated this alignment would also provide some buffering to the
Lindenwood Estates if development occurred in the area. He stated at some point outfall would be
needed for the Dry Creek basin to drain the North College area and that the outfall would likely
parallel the proposed Vine Street realignment. He stated the same crossings at the Vine Drive and
Burlington Northern -Santa Fe Railroad could be used. He stated the intent was to combine the
ability to bring the flood flows into one crossing location. He presented visual information showing
the relationship between the proposed channel and the Weiss property. He stated he had met with
the Weiss family to discuss the easement and the need for the project and that efforts had been made
to optimize the design to limit the easement to only 1.02 acres. He stated this required acquisition
of another .7 acre easement on the Lindenwood HOA property. He stated side slopes were
steepened to minimize the width and length of the easement. He stated staff had worked to minimize
impacts to the Weiss farm by scheduling work in November. He stated the property would be used
for a stormwater structure and that it could also be used in density calculations for future
development projects and as a buffer area.
Bev Weiss, property owner, stated her family was not notified of this meeting. She asked that this
agenda item be pulled and held. She stated the trail mentioned by Mr. Saye did not belong to
Lindenwood and that the Lindenwood residents were trespassing on the ditches. She stated the
property owner had been told by the City and County that Lindenwood and all property owners
would share in this project. She stated Mr. Saye had now indicated that the City did not want to
"disturb" Lindenwood and wanted to take about two acres of the Weiss property. She stated this
would shorten the field for farming and make it difficult to irrigate because water must come from
the north irrigation ditch. She invited the Council to see the site with an independent engineer. She
stated the property had been in the family for 75 years and that there had been no flooding during
that time. She stated the property had a high value and that placing the Vine Drive alignment
through the property and this stormwater project on the property would devalue the whole property.
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She stated she had been "lied to" by the City many times and that she found out about this meeting
only last Friday. She asked that this be tabled.
Mark Brophy, 1109 West Harmony Road, stated the property owners should be informed before
eminent domain proceedings were put on the Council agenda. He stated there were many other
options for moving stormwater around. He stated the City should find a way to do this without using
the "despotic power" of eminent domain. He suggested that the City appropriate $30,000 to give
to Mrs. Weiss to hire a lawyer to argue for her on the real value of the property. He stated money
for appraisers and lawyers should be paid by the City rather than Mrs. Weiss.
Councilmember Weitkunat asked for clarification about the recommended action, i.e. that this was
not the condemnation. Matson stated staff was asking permission to go to eminent domain if
necessary because Mrs. Weiss had indicated repeatedly that she was not willing to grant an easement
to the City. She stated staff was requesting up front approval so that eminent domain could proceed
if needed. She stated the City would continue to negotiate with the Weiss family and that eminent
domain would be the last option. She stated the City had ordered an appraisal and that Mrs. Weiss
would have an opportunity to have an appraisal of her choosing done. She stated the City would
reimburse the cost of the property owner's appraisal in accordance with City policy.
Councilmember Weitkunat asked for clarification regarding the shared project referenced by Mrs.
Weiss. Saye stated Larimer County was originally part of this project and was no longer
participating due to funding problems. He stated the City was now asking for a 1.02 acre easement
on the Weiss property and that the project had been relocated to the west to minimize the size of the
easement. He stated the City was negotiating with the Lindenwood HOA for a .7 acre easement and
a 13 acre easement on another neighboring property.
Councilmember Weitkunat noted that there were other properties involved. Saye stated there would
be three properties involved.
Councilmember Weitkunat asked for clarification of the map showing the Weiss property and
whether the property was approximately 110 feet by 65 feet. Saye stated the property was
approximately 65 feet wide and one location.
Councilmember Weitkunat noted that Mrs. Weiss seemed to indicate that half of the field would be
taken. Saye stated the entire tract was roughly 100 acres and that the City was asking for 1.02 acre
for the easement.
Councilmember Weitkunat asked if the diversion channel and drainage would be closed or open.
Saye stated it would be a grass -lined channel that would be maintained by the City.
Councilmember Weitkunat asked if that would be true for the length of the diversion channel. Saye
noted the diversion channel would be grass -lined roughly to the existing Lindenmeier Lake outlet
channel. He stated the portion across the Weiss property would be fenced.
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Councilmember Weitkunat asked if there would be water in the channel only during flooding
conditions. Saye stated there would be water only if there was groundwater and noted that there was
high groundwater in the Lindenwood area.
Councilmember Weitkunat asked about the impact of the project on the irrigation of the Weiss
property. Saye stated he did not believe that the irrigation would be affected because the channel
was at the highest part of the property and would not intercept any irrigation.
Councilmember Roy noted that Mrs. Weiss indicated that she found out about this meeting late on
Friday and asked staff to address that. Matson stated she called Mrs. Weiss on Friday to let her
know about the agenda item. She stated it was her understanding that Mrs. Weiss was aware that
this would eventually happen. She stated she assured Mrs. Weiss that this agenda item was simply
to ask for permission for eminent domain if needed, rather than actually proceeding to eminent
domain.
Councilmember Kastein asked about the process to analyze where stormwater improvements would
be placed, how property owners were brought into the discussion, and what public meetings were
held. Saye stated the Dry Creek problem had been an issue for the City and County for at least 15
years. He stated over that period of time the City and County had been working together to develop
a master plan on how to control flooding in Dry Creek. He stated in 2002 the two entities hired an
engineer to develop a master plan for improvements in the basin. He stated several open houses
were held. Bob Smith, Stormwater Planning Manager, stated a number of meetings and open houses
were held to look at concepts and that the project was at a more detailed analysis stage at this point.
Councilmember Kastein asked why this authorization was needed at this point in the negotiations.
Matson stated past experience showed that there was a lag time after commencement of eminent
domain that could impact construction. She stated up front approval made it possible to proceed
with eminent domain if needed on a more timely basis. Saye stated he had met with the Weiss
family many times and that he had been told repeatedly that an easement would not be granted
unless the City wanted to buy the entire farm. He stated this project had 12 separate components
that would be built and that eight of those were being built around irrigation systems, ditches, lakes
and reservoirs. He stated there were difficult scheduling problems. He stated staff had made an
effort to develop an optimized design and "rational' easements. He stated a delay could take the
construction into irrigation season or planting season. He stated staff was trying to preserve the
ability to build this project.
Councilmember Kastein asked if the piece that was in question was the cross hatched section on the
map. Saye used visual information to show the property that was needed for the easement. City
Manager Atteberry stated the City had been aware from the beginning that this easement would
become the subject of an eminent domain proceeding. He stated preapproval of eminent domain was
a normal way for the City to do business because of the construction delay problem. He stated he
would talk with staff about how property owners could be notified of such actions. He stated he
believed that it was important to preserve the option to seek preapproval of eminent domain
proceedings.
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Mayor Hutchinson asked if this action was time sensitive and whether the Council must act on it at
this time. Matson stated Council action was needed to avoid construction delays. City Attorney Roy
stated there would be a Second Reading of the Ordinance on June 7 and that additional discussions
could occur prior to Second Reading. He stated it was important to have enough lead time to be able
to go to court in a timely fashion if necessary. He suggested adoption on First Reading with
direction for any additional work the Council felt was necessary prior to Second Reading.
Councilmember Roy asked about the culvert or diversion under East Vine in conjunction with
another project. Saye stated Dry Creek in a 100-year event could carry as much as 900 cubic feet
of stormwater per second at the Vine Drive intersection. He stated there would be 500 cubic feet
per second coming down the channel at the same time. He stated there was currently a 24 inch
culvert under Vine Drive and that as part of this project a series of box culverts would be built under
Vine Drive to carry 1,400 cubic feet per second. He stated the Street Master Plan showed the
realignment of Vine Drive and that a channel or pipe system would be built to take the stormwater
off of the North College business area under Vine and the railroad.
Councilmember Roy asked if the diversion would be for both projects, even though this canal
diversion was being built first. Saye replied in the affirmative. He stated the culvert would have
the ability to handle the flows from both projects. He stated without the project there would be
6,000 cubic feet per second of flow. He noted that the irrigation structures could not be used if water
was not taken out of the ditches.
Mayor Hutchinson stated it appeared that a problem with an irrigation ditch to the north was being
moved to Dry Creek i.e. all of the problems were being put into one place. He asked for clarification
that the ditches would be used for a stretch and then the water would be taken back out to be sent
back down Dry Creek. Saye replied in the affirmative.
Mayor Hutchinson stated part of the Weiss property and the other properties would be removed from
the flood fringe. Saye stated the floodplain came through the area and that the property owner
would realize a benefit from the project because the floodplain would be vastly reduced on the
property. He stated the flood fringe would be removed from a portion of the Weiss property.
Councilmember Weitkunat made a motion, seconded by Councilmember Kastein, to adopt
Ordinance No. 057, 2005 on First Reading.
Councilmember Roy stated the City was "ahead of itself' on this. He stated the Weiss family
deserved a registered letter from the City giving notification. He stated he would not support the
motion. He stated the future realignment of Vine would be done to some degree at the expense of
the Weiss family. He stated a project would be built to deal with one flow and that a valuable piece
of real estate would be removed from the floodplain. He stated he was not comfortable with the
process of eminent domain. He stated timely notice should be given.
Councilmember Ohlson stated he supported improvements to the notification process. He stated he
would not support the motion and that, except in an emergency situation, he would vote against any
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measure in the future when the Council was told that it had to "vote tonight' even though work had
gone forward for several years.
Councilmember Weitkunat stated she would support the motion. She stated this process had been
used for many years and that it was appropriate to use this process in this case. She stated a different
notification process may be needed. She stated this action would authorize staff to proceed if
necessary. She stated this was one of the most important projects done in the northern part of the
City. She stated a "creative engineering feat' would help take the northern area out of a serious
floodplain. She stated time was of the essence and that the Ordinance should be adopted.
Councilmember Manvel agreed that better notification was needed and this project was important
to development in the northern part of the City. He stated he would therefore support the motion.
Councilmember Kastein stated "this was process was not broken." He stated he was satisfied with
staff s response regarding the process to date, including discussion with this property owner. He
stated he would support the motion with the understanding that staff would contact the property
owner one more time prior to Second Reading to discuss the issue.
Mayor Hutchinson stated he would support the First Reading adoption of the Ordinance because it
was a precautionary first step.
The vote on the motion was as follows: Yeas: Councilmembers Hutchinson, Kastein, Manvel and
Weitkunat. Nays: Councilmembers Ohlson and Roy.
THE MOTION CARRIED.
Ordinance No. 058, 2005,
Authorizing an Easement for a Pedestrian Bridge for
Opera Gardens Lofts. Adopted on First Reading
The following is staffs memorandum on this item.
"FINANCIAL IMPACT
The compensation for the easement across the alley will be $10,000 and the compensation for the
attachment to the Civic Center Parking Structure, which will result in the loss of one parking space
and costs associated with reconfiguration of parking spaces, is $16, 000. The total revenue for the
Transportation/Parking Fund will be $26, 000.
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EXECUTIVE SUMMARY
The development of Opera Garden Lofts was approved as a minor amendment to the Opera
Galleria, contingent upon the developer being able to provide off-street parking to the users of the
new mixed -use building and also contingent upon negotiatingpermission from the Cityfor a bridge
between the Opera Galleria and the Civic Center Parking Structure (" CCPS ). The developer
cannot commence construction until this easement is granted. The developer has indicated that this
bridge is important to make the Opera Garden Lofts project more attractive to lenders and potential
purchasers of units.
The Opera Gardens Lofts project will add two floors to the Opera Galleria. The easement request
is to construct an above -grade pedestrian bridge from the 4th floor of the CCPS to one of the new
floors of the Opera Galleria. This pedestrian bridge will not replace the existing bridge, which is
a public bridge. The new bridge will be a private bridge to be used by users of the mixed -use
structure.
Staff has worked with the developer to negotiate the terms of the easement, which will be for a term
of up to 99 years. The City may not terminate this easement during the first 31 years, which is the
expected period for initial construction and mortgage financing. After that time, the City may
terminate the easement with 120 days notice to the easement holder. The easement is contingent
upon the developer entering into a development agreement with the City by October 31, 2005. The
design of the pedestrian bridge and schedule for construction is subject to City approval. The
Ordinance also makes the grant of this easement contingent upon execution of the easement for the
City's public pedestrian bridge, which had been negotiated several years ago but was never signed
by the Opera Galleria owner.
The Ordinance authorizes the easement under the terms and conditions as discussed above, and
generally in the form of Easement Agreement onfile in the City Clerk's Office. "
City Manager Atteberry introduced the agenda item.
Gary Diede, Transportation Services, stated there had been a question regarding whether Opera
Galleria could take access to the Civic Center Parking Structure. He stated staff had been working
with the applicant to determine the conditions of that access. He stated consensus had been reached
between staff and the applicant regarding how to provide access through a pedestrian bridge to the
Parking Structure. He stated the proposed Ordinance would allow that and would require certain
payments by the applicant.
Councilmember Roy stated the Opera Galleria was one of the most recognizable structures in Old
Town and that the agenda material suggested that there was some support for adding two floors. He
stated he would like to see a rendering of what the structure would look like and would like to know
the level of support for changing the structure.
Mikal Torgerson, applicant, presented information regarding the proposed changes. He stated the
two floors that would be added would not be visible from College Avenue and that the design would
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be sensitive to the historic architecture. He stated the Landmark Preservation Commission was
"enthusiastic" about this design approach. He stated the only substantive comment by the
Commission was that the design look at gabled roofs. He stated there would be three penthouse
units with roof -top gardens. He stated the proposed bridge connecting the Parking Structure to the
project would be visible. He stated the new addition would be visible from the alley down LaPorte
Avenue and from the Parking Structure. He stated it would screen the existing mechanical units on
the Opera Galleria.
Councilmember Roy asked for a frontscape.
Mr. Torgerson showed visual information giving a "pedestrian -eye view" from the east side of
College Avenue. He noted that the project would not be visible from that perspective.
Councilmember Roy asked how this renovation would impact historic designation and grants. Mr.
Torgerson stated the portion of the building being added onto was the portion that was added onto
the historic building in 1989 and was adjacent to the historic structure. He stated it was his
understanding that this would not have an impact on the historic status of the project.
Councilmember Roy asked staff about the effect of the project on the historic structure. Karen
McWilliams, Historic Preservation Planner, stated the property was designated on the National
Register of Historic Places. She stated the project plans were reviewed by staff and the Landmark
Preservation Commission. She stated everyone was in agreement that it would meet the nationally
recognized Secretary of Interior Standards relating to alterations to historic structures.
Councilmember Roy asked if this determination had been made only at the local level. McWilliams
stated the National Register program was administered by the Colorado Historical Society. She
stated the City was a Certified Local Government and as such was able to make such determinations
on behalf of the Colorado Historical Society. She stated the design made the addition virtually
invisible from the streetscape and that the addition was being made to a previous addition. She
stated there was minimal impact to the historic structure and viewshed.
Councilmember Ohlson asked why a project of this size was considered as a Minor Amendment to
the Opera Galleria PUD. City Manager Roy stated he would need time to respond to the question.
Councilmember Ohlson asked the applicant about his understanding of that review. Mr. Torgerson
stated the project was approved almost two years ago contingent on the bridge easement and the
provision of proper parking. He stated his recollection was that this was in the approved Opera
Galleria PUD and that additions within the PUD were processed as Minor Amendments.
Councilmember Ohlson stated he would address that matter under comments. He asked for an
explanation of the language in the read -before memo that indicated that the project "would have no
significant effect on the historic status of the building." McWilliams stated any kind of construction
on the building would have an effect. She stated the terminology used with regard to National
Register and local landmark properties was whether it would be a "significant effect," i.e. a change
that would be obvious, notable, etc. and whether the effect would be adverse or positive. She stated
in this case, because of the placement of the dwelling units on new construction in a manner that
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May 17, 2005
would not be visible from most corridors, the determination was that this would not have any
"significant effect."
Councilmember Ohlson asked for clarification that this addition would not be on the historic
structure. McWilliams stated it was on an addition that was already added at the rear of the historic
structure in the 1980's.
Councilmember Ohlson asked if the City was getting a fair value for the taxpayers. Helen Matson,
Real Estate Manager, stated the $10,000 for the easement was figured on square footage and at a
33% value because of the low impact on the alley below. She noted that some parking spaces were
being lost. Diede stated one parking space would be lost due to access to the pedestrian bridge and
that the value of that was determined by the cost of the parking structure divided by the number of
parking spaces with an adjustment because this was a handicapped parking space ($16,000).
Councilmember Ohlson asked to see the streetscape view again, noting that one person indicated
that the project would be "virtually invisible" and the applicant indicated that it would be "invisible"
from College Avenue. Mr. Torgerson stated the applicant found that it was invisible except for a
"small sliver of the roof."
City Attorney Roy stated in general the Land Use Code distinguished between Minor and Major
Amendments and established different processes. He stated the CPES was in the position to decide
whether it was a Minor Amendment (to go through an administrative process) or a Major
Amendment (to go through a Type 1 or Type 2 Review). He stated staff would provide information
to the Council before Second Reading on why this was considered to be a Minor Amendment.
Mayor Hutchinson noted that this agenda item was authorization for an easement rather than the
anything to do with the addition. City Attorney Roy agreed.
Councilmember Roy stated an e-mail was sent to Council on May 16 indicating that each on -street
parking stall could generate up to $300,000 in annual retail sales. He stated the agenda item
summary for this indicated that the developer could not commence construction until the easement
was granted and that the developer had indicated that this easement was important to make the
Opera Garden Lofts project more attractive to lenders and potential purchasers of units. He stated
there would be at least a 31-year arrangement and that the $300,000 value of a parking space was
in last year's dollars.
Councilmember Kastein stated this was not on -street parking. Diede stated it was fourth level
parking in the parking garage.
Councilmember Kastein asked if the $300,000 would apply to the fourth level in the parking garage.
City Manager Atteberry stated Councilmember Roy was referring to a study done several years ago
by a consultant on the Downtown Strategic Plan. He stated the value of retail dollars generated per
parking space identified in the plan applied specifically to on -street parking. He stated the
handicapped parking space in this matter was on the fourth floor of the parking structure and that
the value was the capital value of the lost parking space.
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May 17, 2005
Councilmember Roy stated for at least 31 years and up to 99 years the City would capture $16,000
for a space that would be used exclusively by the private tenants of a development that would be
"high end." He stated he did not believe that $16,000 would capture what the lost parking space was
worth over 31 years. Matson stated the parking space would be used for the construction of the
bridge rather than for occupancy by the Opera Lofts residents and that those residents would buy
permits for parking each year. She stated the value was calculated on the capital cost of the space.
Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Ordinance No.
058, 2005 on First Reading.
Councilmember Roy stated this kind of in -fill redevelopment was the right direction. He stated he
did have concerns about marketing something below the fair value and that he did have a concern
about the loss of a public parking space to create an opportunity for private citizens to have an
"exceptional lifestyle" in the downtown. He stated the project was well thought out and that he
supported this type of activity in the downtown. He stated this kind of arrangement needed to be
made equitably for all the taxpayers rather than to the advantage of the private residents and
development principals.
Councilmember Weitkunat asked if the easement was being granted because of the City alley or
because of the parking lot. Matson stated the air easement was being granted over the City alley and
attached to the City Parking Structure.
Councilmember Ohlson stated he looked forward to seeing the explanation of why this project was
a Minor Amendment. He stated he did support in -fill redevelopment projects and that this was a
worthwhile project even if the City did not get "market value" in the trade off. He stated he wanted
to see that kind of information (opportunity costs, lost revenue, etc.) in the staff reports on this kind
of agenda item in the future i.e. the Council needed to see the cost for loss of the parking spot in this
case. He stated the information should be available so that the Council could make a decision on
whether to "help" such projects, knowing all of the costs to the City. He stated he hoped that the
actual project matched what was seen on the computer graphics as far as elevations. He stated he
was supportive of the project and would support the motion.
Councilmember Manvel stated the City would lose revenue and would also gain revenue due to the
residential occupancy. He noted that the fourth floor of the Parking Structure was largely empty
much of the time.
Councilmember Kastein stated this was an excellent project and that it would have a positive effect
on the downtown. He stated residential units would be built to help keep the Old Town vibrant. He
stated he was very supportive of the City's part in this easement.
Mayor Hutchinson stated he was comfortable with the parking space situation.
The vote on the motion was as follows: Yeas: Councilmembers Hutchinson, Kastein, Manvel,
Ohlson, Roy and Weitkunat. Nays: None.
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" fa"TCO L INEONUMCI9a
Other Business
May 17, zoos
Mayor Hutchinson stated the Leadership Team had discussed the Economic Vitality and Sustain
ability Action Group (EVSAG) and a loss of momentum. He stated the hope was to build on
EVSAG's work on economic strategies and that the discussion was that the work of the EVSAG
would be "trivialized" or "lost" without an economic action plan. He stated the Leadership Team
discussed rechartering the EVSAG to emphasize the group's activities in light of economic
conditions. He stated the economy was a top issue in the recent election campaigns and that he
believed that this Council was poised to play a more active role in economic planning. He stated
he would like the Council to discuss this in a structured way and that he would like support to ask
the City Manager to schedule a time to discuss these issues in a focused way with a meeting
facilitator. He stated the main goal was to "harness the brainpower and accomplishments" of the
EVSAG and make the strategies part of the planning process.
Councilmember Ohlson noted that there were other major issues, including the budget and policy
agenda processes. He stated the economy was one of the seven key points adopted by the Council
and that it would now be receiving special consideration.
Mayor Hutchinson stated this was a "proactive" Council and that this would allow a detailed
discussion to determine whether the Council supported "kick starting" work on one of the most
important issues, i.e. attention to the economy. He stated he hoped to focus on getting the larger
process started to keep the EVSAG from losing momentum.
Councilmember Roy stated the original EVSAG created a large array of options and choices
(branding, niche marketing, etc.). He questioned whether the second EVSAG was "losing steam"
and noted that the efforts of the original EVSAG were still having a "powerful" and "positive" effect
in the community.
Councilmember Kastein stated he believed that the Council would identify development of an
economic plan as a key element during discussions on the budget and the policy agenda. He stated
he supported having a discussion on the economic issues sooner rather than later.
Councilmember Ohlson stated there would be discussions on the policy agenda and that those
discussions would include the economy. He questioned pulling out one of the items for special
discussion and stated this could send a message to staff and the community that the other six key
outcomes were not as "valued."
Councilmember Roy asked for clarification regarding the Mayor's concerns about the current
EVSAG.
Mayor Hutchinson stated he was concerned that the first EVSAG did some "wonderful work" that
was not part of a plan of action. He stated the same thing was happening with the second EVSAG.
He stated the City had chartered a group of "brilliant people" representing a cross section of the
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community and that their excellent work was not being turned into any kind of action plan. He
stated an economic action plan would take some of that work and get staff to work on some of the
issues.
Councilmember Roy asked if the Mayor was suggesting a new group.
Mayor Hutchinson stated he was not suggesting a new group. He stated the concern was that the
work done by EVSAG was not being worked on by the staff. He stated he would like to see the
work of the EVSAG be the core of an action plan to revitalize the economy. He stated the economy
was the number one issue in the community.
Councilmember Roy asked about the status of an Economic Advisor position on staff. City Manager
Atteberry stated his intent was to advertise the position as soon as possible. He stated he would e-
mail the job description and salary range to the Council.
Councilmember Roy stated this would be one of the first steps in addressing the Mayor's concerns.
Mayor Hutchinson stated this would be a complementary action. He stated the economic plan did
not hinge on hiring that person. He stated he wanted to get the process started on something that
would take awhile and to give the EVSAG more "directed employment" in working on an economic
plan. He stated the EVSAG had done the strategic work and had not yet done an economic plan.
Councilmember Ohlson stated the Council goal was to get 90% of the 80% agreed on done. He
stated he was not sure if something else would not get done if this was to get done and if this would
send a message that this was a higher priority than anything else. He stated there were many other
things that were equally important.
Mayor Hutchinson stated this was a unique situation because the EVSAG had already been created
and had done some "brilliant work."
Councilmember Weitkunat stated the EVSAG had provided information for the retreat on what had
been done and that the EVSAG had no direction from Council on what came next. She stated the
Council needed to decide on the direction to give the EVSAG.
Mayor Hutchinson stated he would like to see a discussion of the EVSAG and its work and how that
group should proceed with an action plan. He noted that he did not believe that there would be
much Council or staff work needed on this until well after the budget process was concluded.
Councilmember Ohlson stated he would support having that discussion.
Mayor Hutchinson asked the City Manager to schedule a structured and facilitated discussion on this
matter.
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Councilmember Weitkunat noted that there was no opportunity for the public to comment on the
Consent Calendar portion of the agenda without pulling an item for separate discussion at the end
of the meeting.
Councilmember Kastein stated there could be an opportunity for public comment before or after the
motion to approve the Consent Calendar.
Councilmember Manvel stated this option could be offered.
Mayor Hutchinson noted that citizen and Council comments on the Consent Calendar could take
place before the vote on the Consent Calendar.
Councilmember Ohlson stated this would not work because items had to be pulled from the Consent
Calendar before that. He stated the problem was having audience members and staff wait until the
end of the meeting just to make a comment on a pulled Consent Calendar item. He suggested having
staff look at ways to avoid that situation. City Attorney Roy stated the Mayor could ask if anyone
wanted to comment on or pull a Consent Calendar item and could explain the difference.
Mayor Hutchinson asked staff to work on that and make suggestions on how this could be handled.
Adjournment
The meeting adjourned at 9:30 p.m.
Mayor
ATTEST:
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