HomeMy WebLinkAboutMINUTES-11/15/2005-RegularNovember 15, 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, November 15,
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: Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy,
and Weitkunat.
Staff Members Present: Atteberry, Krajicek, Roy.
Citizen Participation
Mayor Hutchinson stated each participant would have three minutes to speak.
Al Baccili, 520 Galaxy Court, stated he had seen on television that the City was paying $32 each for
dinner for people and questioned spending that much money when the City was in a financial crisis.
He opposed the proposed Southwest Enclave Annexation.
Jim Clark, 1509 Hearthfire Drive, Director of the Fort Collins Convention and Visitors Bureau,
stated the CVB was conducting a series of three public forums as part of a strategic plan to give the
organization and the tourism industry direction for the future. He encouraged everyone to participate
in the depot tour to promote the "Shop Fort Collins First" program.
Mikal Torgerson, 223 North College Avenue, stated he came to the meeting to present an appeal
relating to a hearing officer's decision on the Cherry Street Station. He asked why this item was
being postponed.
Troy Jones, Fort Collins resident, stated there would be upcoming Council hearings on City Plan
issues. He spoke regarding the principles and policies of City Plan relating to well defined and
cohesive development, pedestrian mobility and transit that applied to development applications that
would be coming forward.
Dr. Edward Ronwin, Fort Collins resident, asked that the Council consider taking steps to remove
the Canada geese from the City due to the mess they made on sidewalks.
Les Kaplan, downtown property owner, stated on November 21 the Liquor Licensing Authority
would be considering a tavern license application for the Purple Martini. He stated issuance of this
license would "tip the balance" in the downtown toward an "alcohol -based entertainment district."
He stated downtown experts hired by the City in recent years had "warned about this moment." He
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November 15, 2005
stated if the Purple Martini license was approved, the challenges facing the downtown would
"increase enormously." He urged the Council to consider reestablishing a Liquor Licensing
Authority so that such decisions would be made by more than one person. He urged the City Council
to be "more vigilant" about all proposals submitted to the Liquor Licensing Authority. He also asked
the City to look at different ways to use the zoning ordinances to further influence what happened
downtown.
Cary Hewitt, owner of The Cupboard, spoke regarding the proliferation of bars and taverns in the
downtown and opposed the tavern license application by the Purple Martini. He stated he had been
collecting signatures to oppose the Purple Martini's application. He stated downtown business
owners were almost unanimously opposed to this application. He asked the Council to give this
matter its attention and consider the suggestions made by Mr. Kaplan. He stated the downtown
could experience a loss ofretailers and employers, resulting in a downward spiral of commercial and
residential land values.
Citizen Participation Follow-up
Mayor Hutchinson thanked those who spoke during Citizen Participation. He stated he would hold
a mayoral meeting with the public on November 21 at 6:00 p.m. at the Public Library. He stated that
meeting was the appropriate place to discuss the kinds of issues brought up by Mr. Baccili.
Councilmember Ohlson requested that the memo prepared several months ago relating to the Canada
geese be forwarded to Council again. He also requested information on pros and cons of the change
from a citizen Liquor Licensing Authority to a one -person Authority (the Municipal Judge). He
stated he would also like information on the legalities of the Council taking a position on a liquor
license application since the Municipal Judge reports directly to the City Council.
City Attorney Roy stated the City Manager would have some information on the way the City was
approaching the Purple Martini issue and noted that the State law was specific with regard to the
kind of input that could be received at a liquor licensing hearing. He stated input was allowed from
the established neighborhood and from the City.
City Manager Atteberry stated staff was planning to make arguments to the court to show that the
Purple Martini license would "stretch" Police Services resources in the downtown area. He stated
staff believed that there was an "undue concentration of liquor licenses" in the downtown.
Mayor Hutchinson asked that staffclarify why the Cherry Street Station appeal was being postponed.
City Attorney Roy explained that notice was not sent to some of the interested parties about the
appeal hearing. He stated a decision was made to postpone the appeal hearing.
Agenda Review
City Manager Atteberry stated the agenda would stand as published.
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November 15, 2005
CONSENT CALENDAR
6. Consideration and Approval of the Regular Council Meeting Minutes of October 18.2005.
Items Relating to the State Highway 14 — East Frontage Road Annexation and Zoning,
A. Second Reading of Ordinance No. 086, 2005, Annexing Property Known as the State
Highway 14 — East Frontage Road Annexation to the City of Fort Collins, Colorado.
B. Second Reading of Ordinance No. 087, 2005, Amending the Zoning Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property Included in the
State Highway 14 — East Frontage Road Annexation to the City of Fort Collins,
Colorado.
This is a 100% voluntary annexation and zoning of a property approximately 35.86 acres in
size. The site is located on the east side of the I-25 East Frontage Road approximately one -
quarter mile south of State Highway 14 (East Mulberry Street). Contiguity with the existing
municipal boundary is gained along the entire southern boundary which is shared with the
north property line of the Galatia Annexation (230 acres). The annexation does not include
the westerly 11.3 acres located along the Frontage Road and mostly in the Boxelder Creek
floodplain. The recommended zoning is L-M-N, Low Density Mixed -Use Neighborhood
which is in conformance with the I-25 Sub Area Plan.
Ordinance Nos. 086 and 087, 2005, were unanimously adopted on First Reading on August
16, 2005.
8. Items Related to the Issuance of City of Fort Collins Downtown Development Authority
Subordinate Tax Increment Revenue Bonds, Series 2005A.
A. Second Reading of Ordinance No. 120, 2005, Authorizing the Issuance of City of
Fort Collins, Colorado, Downtown Development Authority Taxable Subordinate Tax
Increment Revenue Bonds, Series 2005A, Dated Their Delivery Date, in the
Aggregate Principal Amount of $1,890,000 for the Purpose of Financing Certain
Capital Improvements and Capital Projects; and Providing for the Pledge of Certain
Incremental Ad Valorem Tax Revenues to Pay the Principal of, Interest on and Any
Premium Due in Connection with the Redemption of the Bonds
B. Second Reading of Ordinance No. 121, 2005, Appropriating Proceeds from the
Issuance of City of Fort Collins, Colorado, Downtown Development Authority
Taxable Subordinate Tax Increment Revenue Bonds, Series 2005A, for the Purpose
of Making Certain Capital Improvements in the Downtown Area of Fort Collins,
Authorizing the Transfer of Appropriations Between Funds And Appropriating
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November 15, 2005
Expenditures from the Downtown Development Authority Debt Service Fund to
Make the 2005 Payment on the Bonds.
The City of Fort Collins created the Downtown Development Authority to make desired
improvements in the downtown area. These Ordinances, which were unanimously adopted
on First Reading on October 18, 2005, authorize the issuance of $1,890,000 in short-term
bonds to pay for various projects.
9. Second Reading of Ordinance No. 122, 2005, Designating the Beebe Clinic, 605 South
College Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14
of the City Code.
The owner of the property, William Lightfoot, and contract owner, Jay Stoner, are initiating
this request for Fort Collins Landmark designation for the Beebe Clinic. The building retains
excellent physical integrity and is judged to be both architecturally and historically
significant under Fort Collins Landmark Standards (1), (2), and (3). The building is an
excellent and locally rare example of the Art Moderne Style in Fort Collins. Character
defining features include its flat roof with parapet, stucco wall material, and glass block and
corner steel casement window details. In addition to its outstanding architectural value, the
building served from 1939 to 1987 as the Beebe Clinic, a well -recognized and much noted
element of Fort Collins' mid -town landscape. Dr. Nathan L. Beebe, himself, was also a
noteworthy Fort Collins resident, contributing his services to the medical, business, and civic
communities for more than a half -century. Ordinance No. 122, 2005, was unanimously
adopted on First Reading on October 18, 2005.
10. Second Reading of Ordinance No. 128, 2005, Authorizingthe he Appropriation of Funds of
the Fort Collins -Loveland Municipal Airport for Expenditure to Be Used to Purchase Snow
Removal Equipment for Use at the Airport.
Additional appropriations in the amount of $160,889 are needed for Airport improvements.
In order for the Cities to expend this amount, each City must appropriate its half, $80,444.
Ordinance No. 128, 2005, was unanimously adopted on First Reading on November 2, 2005.
11. Second Reading of Ordinance No. 129, 2005, Authorizing. the Conveyance of a Sanitary
Sewer Easement for a Spring Creek Ranch, LLC Development.
Spring Creek Ranch LLC, is developing an 11-acre parcel located at 1926 Hull Street into
88 condo units. The proposed easement will connect the project to the existing City sewer
line under Spring Creek Trail located to the north of the subject property. The City Parks
Department is in agreement to allow the connection under above -said trail. The irregular -
shaped easement would contain 120 square feet to install an eight inch sewer line.
Ordinance No. 129, 2005, was unanimously adopted on First Reading on November 2, 2005.
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November 15, 2005
12. Items Pertaining to the Minatta Annexation and Zoning.
A. Second Reading of Ordinance No. 130, 2005, Annexing Property Known as the
Minatta Annexation.
B. Second Reading of Ordinance No. 131, 2005, Amending the Zoning Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Minatta Annexation.
This is a request to annex and zone 35.829 acres located on the west side of Overland Trail,
at the southwest corner of the Overland Trail - West Elizabeth Street intersection. The
property is partially developed, containing one existing single-family residence (with out-
buildings) and a portion of the existing Fort Collins -Loveland Water District Pump Station.
It is in the FAl — Fanning Zoning District in Larimer County. The requested zoning in the
City of Fort Collins is RF - Residential Foothills (15.132 acres) and LMN — Low Density
Mixed -Use Neighborhood (20.697 acres).
Ordinance Nos. 130 and 131, 2005, which were unanimously adopted on First Reading on
November 2, 2005, have been amended on Second Reading to correct the legal descriptions
contained in each Ordinance.
13. Second Reading of Ordinance No. 137, 2005, Amending Chapter 26, Article IV, Division
4 of the City Code Relating to Wastewater Rates and Charges.
This Ordinance, which was unanimously adopted on First Reading on November 2, 2005,
increases the City's wastewater rates by 5% effective January 1, 2006. The increase is
applied "across the board" for all customers. With the proposed rate, a typical single family
residential customer's monthly bill will increase from $17.87 to $18.76 or 89 cents per
month. This is based on a system average 5,200 gallons per month winter quarter water use.
No rate changes are proposed for electric, water or stormwater for 2006.
14. Second Reading of Ordinance No. 138, 2005, Amending the City Code to Increase the
Capital Improvement Expansion Fee, Street Oversizing Fee and Neighborhood Parkland Fee
to Reflect Inflation in Associated Costs of Services.
This Ordinance, which was unanimously adopted on First Reading on November 2, 2005,
increases the fee schedules for the Capital Improvement Expansion Fees and Neighborhood
Parkland Fee by the actual 2004 and estimated 2005 changes in the Denver -Boulder -Greeley
Consumer Price Index ("CPI"). Given that the 2004 CPI was 0.20% and that fees are
adjusted by whole dollars, a significant portion of the individual fees would not have
changed during 2005. Therefore, the 2004 CPI of 0.20% and the 2005 CPI of 1.90% have
been combined, resulting in a cumulative change of 2.10%.
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November 15, 2005
Costs in the Capital Improvement Expansion Fees ("CIEF") Study and the fee schedule for
the Neighborhood Parkland Fees were calculated using costs from 1995. The fees were last
adjusted in 2003. This Ordinance increases the CIEF and the neighborhood parkland fees
by the combined increase in the CPI of 2.10%, and the Street Oversizing fees by 1.61%,
which reflects the projected increase reported in the Engineering News Record.
15. Items Relating to the 2006 Downtown Development Authority Budget.
A. Second Reading of Ordinance No. 140, 2005, Appropriating Operating Funds and
Approving the Budget of the Downtown Development Authority for the Fiscal Year
Beginning January 1, 2006, and Fixing the Mill Levy for the Downtown
Development Authority for 2006 at Five Mills.
B. Second Reading of Ordinance No. 141, 2005, Appropriating Revenue in the
Downtown Development Authority Debt Service Fund for Payment of Debt Service
for the Year 2006.
The Downtown Development Authority Board of Directors adopted its proposed budget for
2006, totaling $2,377,757, on November 3, 2005. The Board determined the mill levy
necessary to provide for payment of administrative costs incurred by the DDA, at its regular
meeting of October 6, 2005.
Ordinance No. 141, 2005, appropriates funds for 2006 from the tax increment received by
the City for the DDA for debt service payments.
Ordinance Nos. 140 and 141, 2005, were unanimously adopted on First Reading on
November 2, 2005.
16. First Reading of Ordinance No. 142, 2005, Appropriating Prior Years Use Tax Carrvover
Reserves for the Temporary Manufacturing Equipment Use Tax Rebate Program.
In March 1996, City Council approved a Manufacturing Equipment Use Tax Rebate Program
("Rebate Program") for use tax paid on manufacturing equipment. The goal of the program
was to maintain the local economic base by providing modest tax relief to manufacturers
located in Fort Collins. The Rebate Program has provided rebates to manufacturers for the
calendar years 1996 through 2001. The Rebate Program was suspended for calendar year
2002 due to economic conditions. Council reinstated the program in January of 2004 for a
two year period to coincide with the biennial budget. Under the Rebate Program, the rebate
payments are paid by the City during the year following the year in which the use tax was
remitted by the vendor. This is a rebate of taxes paid in 2004 and not a tax exemption.
Twelve companies have filed applications this year for a total of $168,000 in rebates. The
source of funding for the Rebate Program is the sales and use tax fund, specifically the use
tax carry-over reserve.
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November 15, 2005
17. First Reading of Ordinance No. 144, 2005, Appropriating Unanticipated Grant Revenue and
Prior Year Reserves in the General Fund for the Restorative Justice Youth Conferencing
Program.
A grant in the amount of $20,000 has been received from the Colorado Division of Criminal
Justice for salaries associated with the continued operation of the Restorative Justice Youth
Conferencing Program. Restorative justice is an alternative method of holding a young
offender accountable by facilitating a meeting with the youth, the victim and members of the
community to determine the harm done by the crime, and what should be done to repair the
harm. By learning to understand the impact of their actions on the victim and community,
criminal justice officials are optimistic that repeat offenses by these youth will be reduced.
A $2,222 cash match is required and will be met by appropriating previously collected
project income from users of this program. The cash match is currently in General Fund
prior year reserves for Police Services.
The grant period is from October 1, 2005 to September 30, 2006.
18. First Reading of Ordinance No. 145, 2005, Approving a General Form of Petition for
Initiated Charter Amendments.
This Ordinance approves a general form ofpetition for citizen -initiated Charter amendments.
19. First Reading of Ordinance No. 146, 2005, Authorizing the Lease of City -Owned Property
at 945 East Prospect Road for Up to Five Years.
The City purchased this house and lot as part of the Prospect/Lemay Choices '95 Intersection
Improvement Project, which is still pending. Should this project become active in the future,
this house will be affected by the right -turn lane that is to be added turning south on Lemay
Avenue from Prospect Road. The construction of this right -turn lane can be accomplished
at a more affordable price if it can be constructed at the same time as the corner redevelops.
It is staff s recommendation to continue renting this house in the interim, having the tenant
responsible for all utility expenses and site clean-up.
20. First Reading of Ordinance No. 147, 2005, Authorizing the Grant of a Tempoorary
Construction Easement and an Access Easement from the City of Fort Collins. Colorado. to
Snring Creek Ranch, LLC.
Spring Creek Ranch LLC, is developing an 11-acre parcel located at 1926 Hull Street into
88 condo units, and has requested a nonexclusive Access Easement and a Temporary
Construction Easement on property owned by the City on the south side of Hull Street, in
connection with the development. The proposed Access Easement will provide a necessary
emergency access route to the development. The proposed Temporary Construction
Easement will be used during construction of the Access Easement to provide proper grading
of the area. Utilities (Stormwater) has determined that the proposed easements will not
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November 15, 2005
impact the use of the property for stormwater purposes, and has no objection to the proposed
easements. The triangular -shaped Access Easement contains 154 square feet and the
rectangular Temporary Construction Easement contains 1,829 square feet.
21. First Reading of Ordinance No. 148, 2005, Designating the A.M. Woods House as a Fort
Collins Landmark Pursuant to Chapter 14 of the City Code.
The owner of the property, Gwyneth Robe, is initiating this request for Fort Collins
Landmark designation for the A.M. Woods House. The building is judged to be both
architecturally and historically significant under Fort Collins Landmark Standards (1) and
(3). The A.M. Woods House is a good example of the locally rare Colonial Revival
architectural style. The home is also significant as one of the oldest dwellings existing in
Fort Collins. Built circa 1880, the home has been a part of the Eastside Neighborhood for
nearly 125 years. The building exhibits good integrity, and readily conveys its architectural
and historical significance. The property is listed on the National Register of Historic Places
and the State Register of Historic Properties, as a contributing element of the Laurel School
National Register District.
22. Items Relating, to the Interchange Business Park First Annexation and Zoning.
A. Public Hearing and Resolution 2005-117 Setting Forth Findings of Fact and
Determinations Regarding the Interchange Business Park First Annexation.
B. First Reading of Ordinance No. 149, 2005, Annexing Property Known as the
Interchange Business Park First Annexation.
C. First Reading of Ordinance No. 150, 2005, Amending the Zoning Map of the City of
Fort Collins and Classifying for Zoning Purposes the Property Included in the
Interchange Business Park First Annexation.
This is a 100% voluntary annexation and zoning of a property approximately 15.55 acres in
size. The site is located on the east side of the I-25 East Frontage Road south of State
Highway 14 (East Mulberry Street). Contiguity with the existing municipal boundary is
gained along a portion of the southern boundary which is shared with the north property line
of the State Highway 14 — East Frontage Road (35.86 acres). The recommended zoning is
C, Commercial, which is in conformance with the I-25 Sub Area Plan. This annexation is
the first in a series of three that will cumulatively result in the annexation of 62.33 acres.
23. Items Relating to the Interchange Business Park Second Annexation and Zoning_
A. Public Hearing and Resolution 2005-118 Setting Forth Findings of Fact and
Determinations Regarding the Interchange Business Park Second Annexation.
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November 15, 2005
B. First Reading of Ordinance No. 151, 2005, Annexing Property Known as the
Interchange Business Park Second Annexation.
C. First Reading of Ordinance No. 152,2005, Amending the Zoning Map of the City of
Fort Collins and Classifying for Zoning Purposes the Property Included in the
Interchange Business Park Second Annexation.
This is a 100% voluntary annexation and zoning of a property approximately 34.08 acres in
size. The site is located on the east side of the I-25 East Frontage Road south of State
Highway 14 (East Mulberry Street). Contiguity with the existing municipal boundary is
gained along the entire south and a portion of the southeast boundary which is shared with
the north property line of the Interchange Business Park First Annexation (15.55 acres). The
recommended zoning is C, Commercial, which is in conformance with the I-25 Sub Area
Plan. This annexation is the second in a series of three that will cumulatively result in the
annexation of 62.33 acres.
24. Items Relating to the Interchange Business Park Third Annexation and Zoning.
A. Public Hearing and Resolution 2005-119 Setting Forth Findings of Fact and
Determinations Regarding the Interchange Business Park Third Annexation.
B. First Reading of Ordinance No. 153, 2005, Annexing Property Known as the
Interchange Business Park Third Annexation.
C. First Reading of Ordinance No. 154, 2005, Amending the Zoning Map of the City of
Fort Collins and Classifying for Zoning Purposes the Property Included in the
Interchange Business Park Third Annexation.
This is a 100% voluntary annexation and zoning of a property approximately 12.70 acres in
size. The site is located on the east side of the I-25 East Frontage Road south of State
Highway 14 (East Mulberry Street). Contiguity with the existing municipal boundary is
gained along the entire east property line which abuts the Interchange Business Park Second
Annexation (34.08 acres). The recommended zoning is C, Commercial, which is in
conformance with the I-25 Sub Area Plan. This annexation is the third in a series of three
that will cumulatively result in the annexation of 62.33 acres.
25. Resolution 2005-120 Authorizing the Lease of a Residence on City -Owned Property at
Reservoir Ridge Natural Area For Up to Two Years.
City Council approved Resolution 2001-095 on July 17, 2001, authorizing the acceptance
of a donation from the Estate of Robert H. Udall of 20.133 acres of land as an addition to the
Reservoir Ridge Natural Area. The donation reserved a life estate on part or all of the
property for Mr. Udall's widow, Mary Michie Udall. Mrs. Udall decided not to remain on
the property but requested that the Natural Areas Program permit the caretaker at the time,
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November 15, 2005
Tim LaBaw, to remain on the property. Staff has enjoyed and appreciated Mr. LaBaw's
residency on the site since Mrs. Udall moved from this area in September 2002. Mr. LaBaw
has been acting in many ways as a caretaker for the property. He has consistently been a
responsible tenant. He appreciates the intent of the Natural Areas Program to restore the
area, decline public access for the time, and eventually develop an educational center on the
site. Entering into this lease with Mr. LaBaw will benefit the Natural Area. Mr. LaBaw will
be the only tenant on the site and will continue to expel trespassers, keep the gate leading to
the Udall Addition closed and generally watch over the property.
Staff has negotiated an agreement for the lease of the residence to Mr. LaBaw for a period
of at least one year, beginning November 1, 2005, with the option to renew for up to one
additional year on a month -to -month basis.
26. Resolution 2005-121 Stating the City's Intent to Act As a Reviewing Entity in 2006 for
Properties Within the Downtown Development Authority Boundaries for the Colorado
Historic Preservation Income Tax Credit for Qualifying Historic Rehabilitation Projects
Under C.R.S.§39-22-514.
As a Certified Local Government, Fort Collins has the opportunity each year to choose to be
a reviewing entity for the Colorado Historic Preservation Income Tax Credit during the next
calendar year. The City Council must adopt a resolution stating whether or not it intends to
take on this responsibility in the next year.
On October 26, 2005 at a regular meeting, the Landmark Preservation Commission discussed
this function and made the decision to recommend that the city accept the reviewing entity
function for the Colorado Historic Preservation Income Tax Credit in 2006 for properties
within the DDA boundaries. The city is required to maintain a "preservation fund" of fees
collected for the service. Fees are set by state legislation, but collected by the local
government to be used for expenditures incurred in the performance of the design review
duties. Fees range from $250 to $750 depending on the cost of the project.
The reviewing entity function for the rest of the city will still be performed by the Colorado
Historical Society staff for the 2006 calendar year so that the program will be available to all
Fort Collins citizens.
27. Resolution 2005-122 Adopting the 2005-2007 Council Policy Agenda.
Every two years the City Council adopts a Policy Agenda that outlines the policy initiatives
it wishes to undertake in the two-year Council term. This proposed Policy Agenda has been
developed through discussions with and among Council Members during two City Council
retreats and a work session.
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November 15, 2005
28. Postponement of the Consideration of the Appeals of the September 8. 2005, Determination
ofthe Administrative Hearing Officer to Deny the Cherry Street Station Proi ect Development
Plan to November 29, 2005
This hearing on the appeal of the September 8, 2005 Administrative Hearing Officer denial
of the Cherry Street Station Project Development Plan must be postponed to November 29
because proper notice was not given to some of the parties -in -interest to the appeal.
A new notice of hearing for November 29 was mailed to all parties -in -interest on Thursday,
November 10, and the appellants were personally notified of the need for postponement of
this hearing.
Adoption of the Consent Calendar will accomplish the necessary postponement.
29. Routine Easement.
A. Emergency access easement from American Retirement Properties, LLC, located in
the Lee Minor Lot Division.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
Items Relating to the State Highway 14 - East Frontage Road Annexation and Zoning.
A. Second Reading of Ordinance No. 086, 2005, Annexing Property Known as the State
Highway 14 — East Frontage Road Annexation to the City of Fort Collins, Colorado.
B. Second Reading of Ordinance No. 087, 2005, Amending the Zoning Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property Included in the
State Highway 14 — East Frontage Road Annexation to the City of Fort Collins,
Colorado.
8. Items Related to the Issuance of City of Fort Collins Downtown Development authority
Subordinate Tax Increment Revenue Bonds, Series 2005A.
A. Second Reading of Ordinance No. 120, 2005, Authorizing the Issuance of City of
Fort Collins, Colorado, Downtown Development Authority Taxable Subordinate Tax
Increment Revenue Bonds, Series 2005A, Dated Their Delivery Date, in the
Aggregate Principal Amount of $1,890,000 for the Purpose of Financing Certain
Capital Improvements and Capital Projects; and Providing for the Pledge of Certain
Incremental Ad Valorem Tax Revenues to Pay the Principal of, Interest on and Any
Premium Due in Connection with the Redemption of the Bonds
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November 15, 2005
B. Second Reading of Ordinance No. 121, 2005, Appropriating Proceeds from the
Issuance of City of Fort Collins, Colorado, Downtown Development Authority
Taxable Subordinate Tax Increment Revenue Bonds, Series 2005A, for the Purpose
of Making Certain Capital Improvements in the Downtown Area of Fort Collins,
Authorizing the Transfer of Appropriations Between Funds And Appropriating
Expenditures from the Downtown Development Authority Debt Service Fund to
Make the 2005 Payment on the Bonds.
9. Second Reading of Ordinance No. 122, 2005, Designating the Beebe Clinic, 605 South
College Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14
of the City Code.
10. Second Reading of Ordinance No. 128, 2005, Authorizing the Appropriation of Funds of
the Fort Collins -Loveland Municipal Airport for Expenditure to Be Used to Purchase Snow
Removal Equipment for Use at the Airport.
11. Second Reading of Ordinance No. 129, 2005, Authorizing the Conveyance of a Sanitary
Sewer Easement for a Spring Creek Ranch, LLC Development.
12. Items Pertaining to the Minatta Annexation and Zoning.
A. Second Reading of Ordinance No. 130, 2005, Annexing Property Known as the
Minatta Annexation.
B. Second Reading of Ordinance No. 131, 2005, Amending the Zoning Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Minatta Annexation.
13. Second Reading of Ordinance No. 137, 2005, Amending Chapter 26, Article IV, Division
4 of the City Code Relating to Wastewater Rates and Charges.
14. Second Reading of Ordinance No. 138, 2005, Amending the City Code to Increase the
Capital Improvement Expansion Fee, Street Oversizing Fee and Neighborhood Parkland Fee
to Reflect Inflation in Associated Costs of Services.
15. Items Relating to the 2006 Downtown Development Authority Budget.
A. Second Reading of Ordinance No. 140, 2005, Appropriating Operating Funds and
Approving the Budget of the Downtown Development Authority for the Fiscal Year
Beginning January 1, 2006, and Fixing the Mill Levy for the Downtown
Development Authority for 2006 at Five Mills.
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November 15, 2005
B. Second Reading of Ordinance No. 141, 2005, Appropriating Revenue in the
Downtown Development Authority Debt Service Fund for Payment of Debt Service
for the Year 2006.
33. Items Relating to Occupancy Regulations and Other Neighborhood Quality of Life Issues.
A. Second Reading of Ordinance No. 123, 2005, Making Various Amendments to the
Fort Collins Land Use Code Relating to Residential Occupancy Limits.
B. Second Reading of Ordinance No. 124, 2005 Amending Chapter 5, Article VI of the
City Code Relating to Rental Housing. (Options A and B)
C. Second Reading of Ordinance No. 125, 2005, Amending the City Code Relating to
Court Referees.
D. Second Reading of Ordinance No. 126, 2005, Amending the City Code Relating to
General Penalties.
E. Second Reading of Ordinance No. 127, 2005, Amending Chapter 20, Article VIII of
the City Code Relating to Abatement of Public Nuisances.
34. Second Reading of Ordinance No. 132, 2005, Being the Annual Appropriation Ordinance
Relating to the Annual Appropriations for the Fiscal Year 2006 and Adopting the Budget for
the Fiscal Years Beginning January 1, 2006 and Ending December 31, 2007, and Fixing the
Mill Levy for Fiscal Year 2006.
35. Items Relating to 2006 Water, Sewer, Stormwater Plant Investment Fees and Electric
Development Charges.
A. Second Reading of Ordinance No.133, 2005, Amending Chapter 26 of the City Code
to Revise Water Plant Investment Fees and Raw Water Requirements.
B. Second Reading of Ordinance No. 134,2005, Amending Chapter 26 ofthe City Code
to Revise Sewer Plant Investment Fees. (Phase -In Implementation - 1/3 in 2006)
C. Second Reading of Ordinance No. 135,2005, Amending Chapter 26 of the City Code
to Revise Electric Development Fees and Charges.
D. Second Reading of Ordinance No. 13 6,2005, Amending Chapter 26 of the City Code
to Establish Stormwater Plant Investment Fees.
36. Second Reading of Ordinance No. 139, 2005, Adopting the 2006 Classified Employees Pay
and Classification Plan.
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Ordinances on First Reading were read by title by City Clerk Krajicek.
16. First Reading of Ordinance No. 142, 2005, Appropriating Prior Years Use Tax Carryover
Reserves for the Temporary Manufacturing Equipment Use Tax Rebate Program.
17. First Reading of Ordinance No. 144, 2005, Appropriating Unanticipated Grant Revenue and
Prior Year Reserves in the General Fund for the Restorative Justice Youth Conferencing
Program.
18. First Reading of Ordinance No. 145, 2005, Approving a General Form of Petition for
Initiated Charter Amendments.
19. First Reading of Ordinance No. 146, 2005, Authorizing the Lease of City -Owned Property
at 945 East Prospect Road for Up to Five Years.
20. First Reading of Ordinance No. 147, 2005, Authorizing the Grant of a Temporary
Construction Easement and an Access Easement from the City of Fort Collins, Colorado, to
Spring Creek Ranch, LLC.
21. First Reading of Ordinance No. 148, 2005, Designating the A.M. Woods House as a Fort
Collins Landmark Pursuant to Chapter 14 of the City Code.
22. Items Relating to the Interchange Business Park First Annexation and Zoning.
B. First Reading of Ordinance No. 149, 2005, Annexing Property Known as the
Interchange Business Park First Annexation.
C. First Reading of Ordinance No. 150, 2005, Amending the Zoning Map of the City of
Fort Collins and Classifying for Zoning Purposes the Property Included in the
Interchange Business Park First Annexation.
23. Items Relating to the Interchange Business Park Second Annexation and Zoning.
B. First Reading of Ordinance No. 151, 2005, Annexing Property Known as the
Interchange Business Park Second Annexation.
C. First Reading of Ordinance No. 152, 2005, Amending the Zoning Map of the City of
Fort Collins and Classifying for Zoning Purposes the Property Included in the
Interchange Business Park Second Annexation.
24. Items Relating to the Interchange Business Park Third Annexation and Zoning.
B. First Reading of Ordinance No. 153, 2005, Annexing Property Known as the
Interchange Business Park Third Annexation.
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November 15, 2005
C. First Reading of Ordinance No. 154, 2005, Amending the Zoning Map of the City of
Fort Collins and Classifying for Zoning Purposes the Property Included in the
Interchange Business Park Third Annexation.
33. Items Relating to Occupancy Regulations and Other Neighborhood Quality of Life Issues.
F. First Reading of Ordinance No. 155, 2005, Amending Chapter 26 of the City Code
Requiring the Provision of Accurate Ownership Information in Connection With the
Provision of Utility Services.
37. First Reading of Ordinance No. 156, 2005, Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for that Certain Property Known as the
Hellenic Plaza Rezoning.
38. Items Related to the Completion of the Fall Cycle of the Competitive Process for Allocating
City Financial Resources to Affordable Housing Projects/Programs and Community
Development Activities Utilizing HOME Investment Partnerships Funds, Community
Development Block Grant ("CDBG") Funds, and Funds from the City's Affordable Housing
Fund.
C. First Reading of Ordinance No. 157,2005, Appropriating Unanticipated Revenue and
Authorizing the Transfer of Appropriations Between Projects in the HOME
Investment Partnership Program.
D. First Reading of Ordinance No. 158,2005, Appropriating Unanticipated Revenue and
Authorizing the Transfer of Appropriations Between Projects in the Community
Development Block Grant Program.
Councilmember Manvel made amotion, seconded by CouncilmemberKastein, to adopt and approve
all items on the Consent Calendar. Yeas: Councilmembers Brown, Hutchinson, Kastein, Marvel,
Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED.
Consent Calendar Follow-up
Mayor Hutchinson commented regarding Item #16, First Reading of Ordinance No. 142, 2005,
Appropriating Prior Years Use Tax Carryover Reserves for the Temporary Manufacturing
Equipment Use Tax Rebate Program.
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November 15, 2005
Councilmember Weitkunat commented regarding Item #17, First Reading of Ordinance No. 144,
2005, Appropriating Unanticipated Grant Revenue and Prior Year Reserves in the General Fund
for the Restorative Justice Youth Conferencing Program, and Item #27, Resolution 2005-122
Adopting the 2005-2007 Council Policy Agenda.
Staff Reports
City Manager Atteberry reported that the Sierra Club had named Fort Collins as one of four
"Sustainable Best Practices" cities. He stated the other three cities selected were Austin, Texas,
Chicago, Illinois and Portland, Oregon.
Councilmember Reports
Councilmember Ohlson noted that Matt Benson had accurately covered City government for The
Coloradoan for about five years and that he was moving on to the Arizona Republic newspaper.
Mayor Hutchinson reported on discussions at the regional quarterly meeting with Larimer County
and the Loveland City Council regarding the Regional Transportation Authority and the airport
strategic plan.
Items Relating to Occupancy Regulations
and Other Neighborhood Quality of Life Issues, Adopted
The following is staff's memorandum on this item.
"FINANCLIL IMPACT
The proposed revisions to the occupancy regulations will require an additional housing inspector,
including related commodities and contractual services costs, in order to effectively investigate and
enforce the Land Use and Rental Housing Standards. The costs for the program would be $10,500
in one-time and $73,600 in ongoing funds. Permit and inspection fees, surcharges and fines will
ultimately cover a portion and possibly all of these costs. Staff will provide an update on the actual
costs of the program within one year of the effective date.
The cost to implement and maintain a rental registration program would vary depending on the type
ofprogram. Four options are provided for Council consideration. The cost for the most expensive
of those options is $30, 000 annually, plus an additional $91, 000 in one-time costs during the first
year. This would cover all system costs, software licensing fees, staff and administrative expenses.
The program is designed to be self-supporting; thus, these costs will be covered in their entirety by
registration fees.
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November 15, 2005
In summary, the financial impact of both programs is:
Housing and Occupancy Compliance Program $ 10,500 one time
$ 73,600 ongoing
Rental Registration Program (maximum cost) $ 91,000 one time
$ 30,000 ongoing
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 123, 2005, Making Various Amendments to the Fort
Collins Land Use Code Relating to Residential Occupancy Limits.
B. Second Reading of Ordinance No. 124, 2005 Amending Chapter 5, Article VI of the City
Code Relating to Rental Housing. (Options A and B)
C. Second Reading of Ordinance No. 125, 2005, Amending the City Code Relating to Court
Referees.
D. Second Reading of Ordinance No. 126, 2005, Amending the City Code Relating to General
Penalties.
E. Second Reading of Ordinance No. 127, 2005, Amending Chapter 20, Article VIII of the City
Code Relating to Abatement of Public Nuisances.
Should Council wish to utilize the Utilities records in lieu of a rental registration program, the
following ordinance is included for consideration:
F First Reading of OrdinanceNo.155,2005,AmendingChapter26oftheCityCodeRequiring
the Provision ofAccurate Ownership Information in Connection With the Provision of Utility
Services.
This Council meeting will focus on revisions to the City's current regulations prohibiting more than
three unrelated persons from inhabiting a single dwelling unit. Staffis also recommending revisions
to the Land Use Code related to boarding houses and is presenting an option that would establish
a rental registration program for the purpose of identifying rental units within the city limits offort
Collins. Refinements have been made to various provisions since First Reading was held on
October 18, 2005, including additional choices related to the rental registration program. These
items are described in further detail throughout this Agenda Item Summary.
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November 15, 2005
BACKGROUND
On October 18, 2005 City Council approved on First Readingfeve ordinances related to occupancy,
boarding houses, rental registration and a number ofrelatedprovisions. Council also directed staff
to provide additional options and/or revisions to several of the ordinances.
ORDINANCE NO 123 2005 AMENDING THE LAND USE CODE (Item A)
Definitions and Occupancy Limit
The most significant changes that would be made by adoption of this Ordinance are the changes to
the City's occupancy regulation. The Ordinance keeps the occupancy limit separate from the
definition offamily and make it easier to understand. It also includes anew definition offamily and
a separate occupancy limit not based on relatedness. Additionally, the definition of "adult" has been
revised in order to allow for adult dependents (18 years of age or older) who are living with their
parents. "Occupancy limit" has been refined so that the maximum occupancy per dwelling unit will
be:
a. one family as defined in Section 5.1.2 and not more than one additional person; or
b. two adults and their dependents, if any, and not more than one additional person.
The occupancy limit would apply to all dwelling units: single family, duplex and multi family.
2. Boarding House Provisions - Revisions to the Land Use Code
The other significant changes that would be made by this Ordinance have to do with boarding
houses. Boarding houses are permitted in numerous zone districts. This Ordinance contains
requirements that would have to be satisfied before a boarding house could be approved in any of
those zone districts: minimum square footage, parking, and for boarding houses in the LMN zone
district only, a density requirement.
In addition to meeting the City's existing Rental Housing Standards, the minimum square footage
required would be 350 square feet of habitable floor space per boarder plus an additional 400
square feet of habitable floor space for an occupant family.
Following Council input, parking requirements have been changed since First Reading. Each
boarding house would now be required to have. 75 (314) parking space per boarder, rounded up to
the nearest whole parking space, plus one parking space per occupant family that might be
occupying the house. Staff recommends adding a clause to the effect that one such parking space
may be nonconforming, if approved by the Director, unless the lot abuts an alley or has at least 65
feet of street frontage length. This would allow for a four -boarder home to provide the requisite
three spaces, but with those spaces accessible by a two -vehicle wide driveway rather than a three -
vehicle wide driveway. The reason for this is that most of the lots in the LMN zone and many lots
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November 15, 2005
in other zones are not wide enough to provide a wide enough driveway for three vehicles. Without
this exception, very few boarding houses would ever be allowed in the LMN zone in particular.
As originally drafted, this Ordinance added a provision requiring a 300 foot separation between
boardinghouses in the LMNzone district. This has been modified to instead state that boarding
houses in the LMN zone can make up no more than a certain percentage of the parcels on a block
face. Staff is seeking Council decision as to what level of restriction is desired; specifically should
it be no more than 10016, 25% or 33% of parcels on a block face? Attachment 1 illustrates these
densities. This restriction will ultimatelyprovidegreaterfexibilityinlocating boardinghouses and,
along with the other requirements, preserves the character of this single-family zone. No density
requirement would be imposed on boarding houses in other zone districts.
The occupancy limit would not apply to boarding houses. Rather, the combined requirements of
minimum square footage per occupant, and off-street parking spaces and density requirements
would work collectively to limit the maximum number of occupants in a unit.
In the zones that allow boarding houses, applications for boarding houses are reviewed through a
formal public hearing process under the Land Use Code. Following Council direction, staff
considered several options for a simpler approval process than is used currently. The new
recommendations are as follows:
For applications for 5 or fewer boarders, or 4 boarders in the LMN zone, a Basic
Development Review would be required. This is also sometimes termed use -by -right.
For applications for 6 or more boarders, or more than 4 boarders in the LMNzone,
a Type I (Administrative) review would be required. This requires a public hearing.
Following issuance of a certificate of occupancy, neighboring properties could be
notified of the certificate of occupancy and any conditions included with it, e.g. the
maximum number of boarders allowed.
Existing boarding houses would be grandfathered " if the owner can present a valid certificate of
occupancy. Otherwise, the owner would need to obtain a new certificate of occupancy under the
current requirements.
The occupancy section would go into effect January 7, 2007; the remaining sections would be
effective ten days after Second Reading.
ORDINANCE NO. 124, 2005, AMENDING THE RENTAL HOUSING STANDARDS (Item B)
This Ordinance makes basic changes to the Rental Housing Standards to update the minimum
standards, eliminate the owner occupied "loophole" and change the penalty for an occupancy
violation to a civil offense. On October 18, 2005 Council was presented with two options of this
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November 15, 2005
Ordinance: Option A, which did not include a rental registration program, and Option B, which
added a rental registration program. Option B was adopted on First Reading.
Amendments to Rental Housing Code
Rental Standards
These revisions to the Rental Housing Standards address commonly identified housing concerns that
affect renters' health and well-being. They include provisions that specify that a lack of general
maintenance of a structure, rat or vermin infestation, filth or contamination, or lack of ventilation
or illumination are considered a nuisance.
Additionally, provisions are included that correspond with the City's most recently adopted
International Codes and Dangerous Building Code, and the 2003 International Property
Maintenance Code. This assists enforcement staff in ensuring that minimal standards are
maintained in the rental community.
Pursuant to direction at the August 2005 work session, staffwill be presenting additional proposed
amendments to the Rental Housing Standards in the first quarter of 2006.
2. Certificate of Occupancy
The Ordinance further provides that, in order to obtain a certificate of occupancy for a boarding
house, the Building Official could impose terms and conditions, including compliance with all state
and local laws and regulations or administrative orders. In determining whether to revoke or
suspend a previously issued certificate of occupancy, the official could consider any history or
pattern of the applicant and/or of the applicant's property managers or tenants.
3. Occupancy Statement (Lrmerly termed Truth in Advertising)
This new clause would require that any boarding house certificate specifying the number of
occupants allowed be posted on the back of the front door of the dwelling. Originally, this clause
also stated any advertisement, sign or other communication regarding the rental of a dwelling would
have to state the maximum permissible occupancy of the unit. Staff recommends revising this
requirement. The revised provisions would require that, when a rental property is rented or sold,
a form stating the maximum permissible occupancy ofthe unit would have to be signed by the owner
and presented to the tenant or purchaser. Additionally, an option is being presented (Option A-1
and B-1) that would require all signs or advertisements regarding the rental property to include the
wording "occupancy limited by law. "
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4. Violation and Penalties
With these changes, a violation of the occupancy limits would become a civil infraction. The burden
ofproofin a civil case is by a preponderance of the evidence rather than beyond a reasonable doubt,
and adverse parties (those charged with a violation) can be called as witnesses in civil cases.
Penalties could include a fine of not more than $1, 000 for each violation; a court order to comply
with any conditions reasonably calculated to ensure compliance with the Code or with the terms and
conditions of any permit or certificate granted by the City; an injunction or abatement order; and/or
revocation or suspension of any certificate issued by the City with respect to the dwelling. It should
be noted that the Ordinance has been amended to remove the mandatory minimum fine of $500.
5. Rental Registration — Annual Requirement
On October 18, 2005 Council voted to adopt Option B of this Ordinance on First Reading. This
adds a rental registration program to the Rental Housing Code amendments for the purpose of
identifying single-family and duplex rental units; educating all parties about the various Codes
related to neighborhood quality of life, nuisances and rental property standards; providing
information that will support data -driven policy making; and increasing the efficacy of Nuisance
Code enforcement through better information sharing.
Tenant information would not be kept on file by the City; however, it would have to be provided to
the City by the owner upon request by the City. The database itself, like most records kept by the
City, would be considered a public record and made available for public inspection upon request.
A listing of the addresses of those properties that have been registered can be made available online.
The remaining information in the database (owner name and contact information, etc) would be
available by request and would involve payment of a small administrative fee, similar to requests
for criminal background checks or copies of police reports.
There are approximately 21,000 rental units within the Fort Collins city limits, of which an
estimated 5, 000 are single-family and 1,500 are two-family dwellings which would fall under the
registration requirement. Additionally, the Corona Report (2005) estimates an additional 1,191 new
households will form as a result of better enforcement of occupancy limits. This number does not
take into account the new boarding house provisions, and it is likely some of these new households
would form in multi family or owner -occupied units. Staff estimates, however, that as many as half
of these households could locate in single-family or duplex rental units. Thus, an estimated 7,100
units will be required to be registered.
Elements of the proposed registration program would include the following:
Online registration and payment; mail -informs also available
If the property owner is a corporation or business, a contact name would have to be
provided
Information required:
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1. Owner name, address and phone
2. Property address and type of unit
3. Agent or contact person, if applicable, including address and contact
information
Term: annual renewal, or within 30 days upon change of ownership. Information
would have to be kept current.
Fee: $25 per dwelling unit for initial registration. $10 per dwelling unit annually
thereafter. No chargefor updates to information unless theproperty changes owner.
Penalty for non-compliance: civil infraction, punishable by a maximum fine of
$1000 per violation.
Properties owned by the Fort Collins Housing Authority, those inspected annually for HUD
compliance, and other uses such as nursing homes and group homes would be exempt from the
registration requirement.
Administrative options available for implementing an annual registration program, include:
a. Utilizing a fully automated registration system. One-time costs for the program are
estimated to be $91,000forsystem licenses, a web interface and other administrative
costs. The ongoing cost of the program would be $30,000. This fully automated
program would be integrated with existing systems and would increase efficiency by
allowing staffto access one system to respond to questions/requests related to rental
activities, nuisance, contractor licensing and building code violations, as well as
development review and building permitting activities. Additionally, it would
optimize technical staff efforts by allowing them to maintain a single application and
eliminate the duplication of support efforts by multiple technical staff groups. It
offers robust reporting tools and allows users to do much of their own geographic
and data analysis without the need for technical staff intervention. It also automates
renewal processing, reducing the need for ongoing administrative staff.
The cost of this registration system has been revised downward since it was first
proposed. The City has been successful in negotiating a lower price for initial
software licenses, and the lower ongoing costs noted in the Financial Impact section
of this document reflect revised assumptions about the number of owners who will
voluntarily comply and the number of those who will independently register their
units using the online services, as well as the addition of the units noted in the
Corona Report. The fees for initial registration and annual renewal would now be
$25 and $10 respectively.
b. Utilizing a simple internal database developed by Ciu staff. One-time costs for the
program are estimated to be $32,000 for system programming, set up and other
administrative costs. The ongoing cost of the program would be $29,000. This
simple database could collect the necessary data, but would have limited
functionality, minimal (ifany) integration with other systems, and require employees
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November 15, 2005
to learn and access multiple systems to answer inquiries and collect data. It also
creates a higher demand for technical support due to incompatibility and other
support issues, the need to coordinate the efforts of disparate technical groups and
the reliance on them for most reports and data analysis. The fees for this
registration would be $10 per year, per dwelling unit.
No changes to Option B, as adopted on First Reading, would be needed with regard to these
implementation options. However, if Option B is adopted on Second Reading, Council direction as
to one of these implementation options could be included in the motion to adopt Option B. Absent
any Council direction on this point, the City Manager would decide upon the appropriate
implementation option.
6. Rental Registration — One-time Requirement
As a result of Council input, Option B-2 provides an alternative rental registration program for
consideration. Under this option, single-family and duplex dwelling units would be required to be
registered one time or within 30 days of change of ownership. There would be no cost to the
property owner for this option. It is anticipated that there would be minimal 'hard costs' that could
be absorbed by the City, provided that the system can be developed by existing technical staff.
However, the time spent configuring and supporting this application could reduce resources
available for other City systems/applications potentially causing service delays throughout the
organization. All other elements of the registration program would be the same as described
previously.
USING UTILITIES DATA AS AN ALTERNATIVE TO A RENTAL REGISTRATION PROGRAM
In response to Council feedback on October 18, 2005, staff members have investigated means to
keep information the City receives about the ownership of rental properties confidential, and to
make the rental registration program more affordable. Staff believes that an effective way to
accomplish these two objectives is to use the Utilities' database in lieu of a separate rental
registration program. The City would require owner information from all utility customers,
including those who own residential rental properties.
That information can then be used for both Utilities' purposes (since the property owner is
ultimately responsible for the payment of utility bills) and for Code enforcement purposes.
As to confidentiality, the Open Records Act requires that the names, addresses, telephone numbers
and financial information of utility customers be kept confidential, although such information can
be disclosed to police agencies conducting criminal investigations. Because the occupancy
regulation and several nuisance ordinances may be decriminalized, we would add a local Code
provision expanding the exception for criminal investigations so that the exception would also apply
to investigations of civil infractions by Code enforcement officers.
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November 15, 2005
The Open Records Act also permits information provided by utility customers to be made public in
aggregate form, so the City could make public general information about the number of rental
properties in the city and their locations.
This option would require owner contact information be provided as a condition ofproviding utility
services to rental properties. Enhancing communication between the Utilities and property owners
when tenants apply for utility service would benefit both property owners and the Utilities, since
unpaid utility bills can become a lien against the properties to which the utilities are delivered.
Another advantage of this option is its cost, which would be much less than that of a separate rental
registration program.
The Code has in the past been silent as to the information that the General Manager of Utilities may
require in connection with utility accounts. The Ordinance allows the General Manager to use his
or her discretion in determining when more extensive information is needed to confirm the status
of an account or the identity or status of a customer. Failure to provide the required information
or providing false information regarding property ownership in accordance with the new Code
provisions would constitute a violation of the Code, thus could be prosecuted as a misdemeanor
criminal offense.
IMPLEMENTA TION AND ENFORCEMENT
The occupancyprovisions and the rental registration requirement or enhanced Utilities information
program, if approved by the Council, will go into effect January 1, 2007. Prior to that, staff
members will conduct comprehensive outreach and education campaign using variety ofinethods
to reach property owners, property managers, tenants and others with an interest in these issues.
Extra efforts will also be made to inform landlords about the potential for obtaining a certificate of
occupancy for a boardinghouse and how to go about that process. Tools could include a direct
mailing to those properties where the Assessor's records list an owner at an address different from
the property, utility bill inserts, ads in local print media and meetings with various stakeholder
groups. The County is also open to using 2007 property tax bills to notify owners of the new
requirement.
The rental registration ordinance allows those who have not registered to comply within seven days
of being notified without being fined. It is assumed that most who do not apply will be brought to
City attention through complaints. City staff will then follow-up on these complaints using means
available, and when unsuccessful in locating the owner, will visit the property to talk with residents.
If, after notice, owners fail to register their properties they would then be cited for violation of the
registration requirement.
Prior to implementation of the ordinances under discussion, enforcement of the existing occupancy
code will remain "status quo. " The exception to this would be the new "occupancy disclosure"
requirement (as discussedpreviously) and the revised boarding houseprovisions. These will go into
effect ten days after Second Reading.
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November 15, 2005
Once the new laws and related resources are in place, enforcement of the new provisions would
follow that of other codes. If an alleged violation is brought to the attention of the Housing
Inspector an investigation will be conducted to determine if there are sufficient grounds for a
summons. If a summons is served, the violator(s) would be required to appear before the referee
for a hearing. At the hearing, evidence would be presented on both sides. It should be noted that
in the case of occupancy violations, neighbors may have to be called as witnesses. The referee
would then decide if a violation exists and, if so, would assess a fine up to $1000. (The previously
proposed minimum fine of $500 has been deleted from the ordinances) He or she could also enter
orders to prevent future violations. The decision of the referee could be appealed to Municipal
Court. If the fine was not paid, the potential exists to put a lien on property or use a collection
agency. As with all prosecutions, it is possible that a plea agreement could be reached before the
matter proceeded to hearing.
OTHER PROPOSED ORDINANCES
Three remaining ordinances are needed to fully implement the changes to the two ordinances
described above. The effect of each ordinance is discussed below:
Ordinance No. 125, 2005 - amendments to court referee section of the Code providing a civil
infraction process (Item Q.
Ordinance No.126, 2005 -amendments to the general penalty section ofthe Code setting the penalty
parameters for civil violations (Item D).
Ordinance No. 127, 2005 - amendments to the public nuisance ordinance allowingfor violations of
civil infractions to be included in the public nuisance process and housekeeping changes to clarify
the public nuisance process (Item E).
CONCLUSION
In addition to the Second Reading of Ordinances No. 123, No. 125, No. 126 and No. 127, Council
faces several choices related to the Second Reading of Ordinance No. 124 as it relates to a rental
registration program.
If Council wishes to adopt the annual registration program:
Adopt Ordinance No. 124, 2005, Option B, as adopted on First Reading.
• Include Option B-1, occupancy statement, if desired.
2. If Council wishes to adopt a one-time registration requirement:
Adopt Ordinance No. 124, 2005, Option B-2.
Include Option B-1, occupancy statement, if desired.
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November 15, 2005
3. If Council wishes to utilize the Utilities database in lieu of a rental registration program:
(a) Adopt Ordinance No. 124, 2005, Option A (without rental registration).
• Include Option A-1, occupancy statement, if desired.
(b) Adopt on First Reading Ordinance No. 155, 2005, Amending Chapter 26 of
the City Code Requiring the Provision of Accurate Ownership Information
in Connection With the Provision of Utility Services; and
4. If Council does not wish to implement a rental registration program or utilize the Utilities
database for Code enforcement purposes:
Adopt only Ordinance No. 124, 2005, Option A
• Include Option A-1, occupancy statement, if desired. "
City Manager Atteberry stated changes had been made to Ordinance No. 123, 2005 and Ordinance
No. 124, 2005.
City Attorney Roy stated he would explain the changes and that when a motion was made with
regard to the two Ordinances, the changes would need to be read into the record. He stated
Ordinance No. 123, 2005 related to occupancy limits and requirements regarding boardinghouses.
He stated a concern had been expressed that some of the boardinghouse procedures and standards
were more "extensive and stringent than is reasonable." He stated the proposed new language
provided that those boardinghouses that would have only a basic development review, rather than
a Type 1 review entailing a public hearing, would be exempt from most but not all of the standards.
He stated the second proposed change related to the parking requirement for boardinghouses. He
stated if there was a narrow lot upon which the proposed boardinghouse was to be situated (less than
65 feet) and it did not abut an alley, one of the required parking spaces could be relieved of the
requirement that it take direct access from the street. He stated a third change addressed the
maximum occupancy disclosure requirement. He stated those requirements had been clarified to
specify the use of a form provided by the City and signed by all of the parties and that this form
would become an addendum to any lease and kept on file for City inspection.
City Manager Attebeny recognized the staff team that worked on this issue and stated he had
received comments that this represented staff's and community's work at its best.
Tess Heffernan, Policy and Project Manager, presented background information relating to the
agenda item. She stated five Ordinances were presented for consideration on Second Reading:
Ordinance No. 123, 2005 would make changes to the Land Use Code; that Ordinance No. 124, 2005
related to rental housing standards; and that the remaining three Ordinances would make changes
relating to the civil penalty provisions throughout the City Code. She stated Ordinance No. 155,
2005 was being presented on First Reading to amend the Code in order to allow the utility database
to be used. She stated Ordinance No. 123, 2005 addressed occupancy regulations and definitions
and boardinghouse requirements, and that Ordinance No. 124, 2005 addressed rental housing
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November 15, 2005
standards, certificates of occupancy, "truth in advertising" and penalties and that Option B of the
Ordinance would adopt a rental registration program. She stated recommended changes to
Ordinance No. 123, 2005 related to boardinghouses. She stated a change was made to require .75
off-street parking spaces per boarder and that there would be times when one of the required spaces
could be aligned so that it did not provide direct access to the street. She stated if the parking
requirement was too restrictive in the LMN zone few lots would apply for a boardinghouse
Certificate of Occupancy because of the size of the lots. She stated there were proposed changes
relating to the hearing process. She stated the basic development review would be used for
applications for five or fewer boarders and for four boarders in the LMN zone. She stated this was
an administrative review. She stated applications for six or more boarders or more than four in the
LMN zone would require a type 1 review which would be a public hearing before an administrative
officer. She stated boardinghouses subject to basic development review would not need to apply
most Land Use Code standards, such as engineering standards (traffic impact studies, wider
sidewalks, easement requirements, etc.). She stated boardinghouses subj ect to a type 1 review would
have to meet those LUC standards. She stated a change had been made to the spacing requirement.
She stated an option was being presented to have a density requirement in the LMN zone and that
Council was being asked to decide whether the requirement should be a maximum of 10%, 25% or
33% for the number of parcels on a block face that could become boardinghouses. She stated this
would be handled on a first -come -first -served basis. She stated Ordinance No. 124, 2005 dealt with
rental standards, Certificate of Occupancy, occupancy disclosure and making penalties civil. She
stated Option B was adopted on First Reading by Council and would add residential rental
registration. She stated staff was proposing a requirement that when any dwelling unit was rented
or sold the owner and tenants must sign a City -issued and approved disclosure form stating the
maximum occupancy of the unit. She stated the completed form would have to be retained with the
lease for City inspection during any investigation. She stated Option Al was presented for
consideration in case Council chose Option A and that Option B 1 was presented in case Council
chose to Option B to require signs or advertisements regarding rental property to have the statement
"Occupancy Limited by Law." She stated the penalties would be amended to remove the mandatory
minimum fine of $500 and to leave the penalty as up to $1,000. She stated Option B relating to
rental registration had three variations presented: (1) the original proposal, including annual
registration, having addresses available on a website at a cost of $25 per unit initially and $10 per
unit each year thereafter; (2) a simpler version of an annual registration program which would be
more staff intensive with a fee of $10 per unit per year; and (3) Option B2, a one-time registration
with no fee. She stated Ordinance No. 155, 2005 was being presented on First Reading to direct that
Utilities data be used in lieu of rental registration. She stated each utility customer receiving City
utilities would be required to indicate whether the unit was owner occupied or a rental and provide
owner information. She stated Utilities would be better able to contact owners about unpaid bills
and that this would also serve Code compliance needs. She stated by law the information would be
required to be kept confidential. She stated the information could be made public in an aggregate
form and used for statistical analysis, investigations and educational mailings but that the
information could not be given to the public. She stated there would be no additional cost to
implement this option and that there would be no fee. She stated there would be a $91,000 one-time
cost for the rental registration program and $30,000 in ongoing cost. She stated the simple database
(annual registration) would cost $32,000 one-time and $29,000 ongoing. She stated Option B2 and
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November 15, 2005
the Utilities database option could be done with existing resources and no fee. She stated January
1, 2007 would be the implementation date for the occupancy provisions and rental registration or the
Utilities database option. She stated other provisions relating to boardinghouses and occupancy
disclosure requirements would go into effect 10 days after Second Reading.
Mayor Hutchinson stated this represented a fine piece of staff work and complimented staff on how
quickly it handled complex changes. He stated the Council would consider each of the Ordinances
separately and that citizen input would be received on all of the Ordinances at the same time. He
stated each audience participant would have two minutes to speak.
Teresa Ramos -Garcia, Fort Collins Board of Realtors, opposed the rental registration program.
Richard Holmes, 6730 North County Road 15, stated he owned five rentals in the City and opposed
the proposed new requirements making landlords responsible.
Dolores Williams, 415 Mason Court #7A, stated the proposed requirements were too complicated
and costly.
Carrie Gilson, landlord, supported using the Utilities database to gather information on all owner -
occupied and renter -occupied dwelling units.
Bob Lawrence, 3017 Meadowlark Avenue, asked Council to accept the rental registration proposal.
Don Earles, Front Porch Property Services and the National Association of Residential Property
Managers, expressed concerns regarding the expense of adding language regarding occupancy to
signs and advertisements. He supported the Utilities database option.
Kevin Brinkman, 5151 Boardwalk Drive, stated 89% of nuisance notifications got to their
destinations and rental registration would not help with the remaining 11 %. He expressed doubt that
a rental registration program would have a higher success rate than 89%. He supported use of the
Utilities database.
J. J. Hinville, 1100 Emigh Street, opposed rental registration.
Kay Lindgren, 1513 Independence Road, supported Option B as adopted on First Reading and
opposed using the Utilities database because the public would not have access to landlord
information.
Dave Fredlake, 2005 Simsbury Court, opposed rental registration.
Paul Anderson, Fort Collins resident, supported creating a database for rentals to identify a local
responsible party.
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November 15, 2005
Ron Burkhart, 626D South Grant Avenue, CSU student, stated occupancy limits were discriminatory
and that the proposed Ordinances would further distribute students in the community.
Jim Long, 2212 Lakefield Drive, asked the Council to adopt Ordinance No. 124, 2005 on Second
Reading and Option B for rental registration.
Pete Seel, 1837 Scarborough Drive, representing the Neighborhood Action Coalition, supported
rental registration and opposed using the Utilities database because of the lack of public access to
landlord contact information. He opposed the changes proposed to the truth in advertising
requirements. He asked that if Council decided to use the Utilities database that the implementation
date be moved up to August 1, 2006. He supported holding the boardinghouse density level to 10%
in LMN zones.
Kevin Westhuis, 2944 Telluride Court, supported using the Utilities database to identify rental and
owner occupied dwellings.
Jeff Wolf, 1823 Linden Lake Road, opposed a rental registration system and supported Ordinance
No. 155, 2005 instead.
Kelly Wilson -Walsh, 420 Smith Street, representing the Fort Collins Board of Realtors, presented
over 600 petition cards against rental registration. She stated the City already maintained a database
listing nuisance properties, and she supported using the Utilities database.
Todd Gilchrist, 6945 Barbuda Drive, spoke in opposition to rental registration.
Audrey Techau, 2102 Manchester Drive, CSU student, opposed occupancy limits and spoke
regarding the financial and discriminatory impacts of the proposed Ordinance on students.
Melissa Anderson, 2107 Constitution Avenue, stated the proposed registration program would
appropriately shift costs to rental properties. She stated using the Utilities database would increase
the City's costs and would not provide an open record for residents to use to determine the
responsible party.
Courtney Przybylski, Director of Community Affairs for ASCSU, stated ASCSU adopted a
Resolution endorsing Option A of Ordinance No. 124, 2005; supporting an August 1, 2007
implementation deadline for Ordinance No. 123, 2005 and Ordinance No. 124, 2005; supporting the
removal of the minimum fine of $500 for violations; and acknowledging that this is a compromise
position that is not the "ideal" for students. She thanked the City for the work on boardinghouses.
She spoke regarding the need for education and partnerships and noted that ASCSU did not support
these Ordinances and wanted Council to recognize the adverse impacts of the new policies.
Robert Swanstrom, 4720 Prairie Ridge Drive, opposed Ordinance No. 123, 2005 and asked that
Council vote against the occupancy limits. He stated it would push up the cost of housing in Fort
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November 15, 2005
Collins and would distribute rentals away from bus lines all over the community. He stated he did
not oppose rental registration.
Anna Burton, 1620 Remington Street, opposed rental registration and supported using the Utilities
database. She stated the "three unrelated" Ordinance was "potentially discriminatory."
Lisa Gordon, 816%Z Remington Street, CSU student, opposed the "three unrelated" Ordinance.
Bill Fairbank, 1712 Clearview Court, asked the Council to support Option B relating to rental
registration.
John Muller, Vice President of ASCSU, stated ASCSU supported a phase -in date of August 1, 2007
to implement changes; endorsed Option A of Ordinance No. 124, 2005; endorsed allowing judicial
discretion in assessing fines; and believed that this was a compromise position. He asked that the
City recognize the effects of these changes on the student body.
Taylor Dunn, 1131 Timber Lane, opposed the proposed Ordinances and stated they were
discriminatory. He asked Council to phase -in any adopted changes on August 1, 2007 because of
the "maj or financial, legal and personal implications" and the need for education and additional City
work with the "stakeholder groups."
Courtney Healey, President of ASCSU, stated ASCSU was not in agreement with the proposed
Ordinances but recognized the need for a compromise at this time. She stated ASCSU would
continue to focus on safety, economics and behavior of students. She asked that Council support
judicial discretion in fines.
Stacy Smith, 744 City Park Avenue, speaking on behalf of ASCSU, urged the Council to support
Option A of Ordinance No. 124, 2005. She opposed rental registration and stated the City should
become involved in neighborhood conflicts only as a "last resort."
Jerry Gavaldon, 1252 Solstice Lane, opposed the proposed Ordinances because there were already
Ordinances on the books to deal with these issues.
Nicole Johnson, 316 West Prospect Road, CSU student, stated the boardinghouse provisions made
this package a "compromise." She asked the Council to adopt the 33% formula for boardinghouses
in the LMN zone.
Chris Campbell, 222 South Whitcomb Street, urged the Council to adopt Ordinance No. 155, 2005
regarding use of the Utilities database. He stated this database would be inherently more accurate
than a rental registration database and that the information would be confidential. He expressed a
concern that if the rental registration information was public that it would be used to "selectively
monitor and harass both tenants and owners."
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November 15, 2005
Misty Leonard, 2955 Garrett Drive, CSU student, supported dropping the $500 minimum fine and
allowing judicial discretion in determining fines.
Doug Brobst, 1625 Independence Road, stated the participation at this meeting showed that rentals
were a "big business" in Fort Collins. He stated rentals were a business and should not be located
in residential neighborhoods. He opposed using the Utilities database and spoke regarding the need
for "transparency" to allow neighborhoods to deal with rental issues. He asked that Council support
Ordinance No. 124, 2005 Option B.
Holger Kley, 2048 Bennington Circle, supported Ordinance No. 124, 2005 Option B with an
implementation date of January 1, 2007. He stated similar Ordinances had been found by the courts
to not be discriminatory. He stated people would have access to affordable housing because of the
boardinghouse provisions. He stated investment companies were driving up housing prices by
buying properties to rent.
Jim Swanstrom, 400 Cormorant Court, stated densities should be increased around the university and
that this was not being accomplished by the proposed Ordinances. He stated he owned a six -
bedroom house in a high density neighborhood near CSU and would have problems with the
boardinghouse parking requirements and with street improvements. He favored using the Utilities
database to track rental properties and opposed occupancy limits.
Scott Poland, landlord and real estate investor, expressed concern than renters could rent a five -
bedroom house in the name of three people and bring in other occupants without the knowledge of
the landlord. He stated houses with unoccupied bedrooms could also become "party places." He
stated he opposed the three occupant Ordinance.
Cassie Callahan, landlord, stated the proposed Ordinances would "put government in control of how
we live our lives" and would "step over the threshold of the sanctity of our homes." She urged the
City to continue the programs that were already in place and had reduced the number of nuisance
violations.
Arnold Drennen, 3412 Canadian Parkway, landlord, supported Ordinance No. 155, 2005 and
opposed occupancy limits.
Jon Fogelson, 7215 Trout Court, opposed Ordinance No. 124, 2005 Option B.
Tom Peck, 4122 Vista Lake Drive, landlord, favored using the Utilities database and stated the
current nuisance Ordinances were adequate.
Eric Kronwall, 1119 Monticello Court, supported Ordinance No. 124, 2005 Option A and opposed
Option Al.
(Secretary's Note: The Council took a recess at this point.)
40
November 15, 2005
Miles Lovato, 242 Newsom Hall, CSU student, spoke regarding the financial impacts of the
proposed Ordinances.
Anita Kelly, County resident, landlord, spoke in opposition to the proposed Ordinances.
Terry Anderson, landlord, supported allowing landlords and tenants to resolve any issues themselves.
He suggested that neighbors try to work out issues with any problem properties rather than having
the City "protect" them. He asked that the Council leave the current nuisance programs in place and
let them work.
Bev Perina, 521 North Taft Hill Road, stated the Public Nuisance Ordinance worked well and that
Fort Collins should remain a community of "choice." She opposed the proposed rental registration
Ross Mickenberg, 220 Garfield Street Apt. A, stated "three unrelated" laws were discriminatory and
that people should not have to pay for something that was "not their problem." He stated the housing
surplus should not be addressed by making students seek other housing to respond to occupancy
limits.
Laurie Dufloth, County resident and City property owner, opposed the rental registration program
and noted that she had removed her address from the phone book listing in case she had a "problem
tenant." She expressed a concern about her contact information being public information because
of the possibility of harassment by neighbors complaining of minor problems.
Christopher Riley, County resident and Cityrental property owner, opposed singling out renters and
tenants and supported including all property owners on any registration list. He opposed the
proposed advertising requirement and stated landlords should not be held responsible for "policing"
tenants.
Lori Peterson, rental property owner, stated landlords provided the community with affordable
housing. She stated rental businesses were in "crisis" and that the current return on many investment
properties was 0% to 3%, while many had negative returns. She asked that the City use the Utilities
database at no cost to property owners.
Greg McMaster, 1409 Skyline Drive, stated over 800 people had signed a petition asking Council
for a registration program to help with enforcement and to reduce the cost of enforcement of all
Ordinances relating to tenants and owners and to assure health and safety for tenants and adherence
to zoning guidelines. He stated rental properties were a "business" and that property owners wanted
everyone else to pay the cost of enforcing violations.
Mazen Lyon, CSU student and renter, stated students and others relied on high occupancy to reduce
rent costs. He asked that Council vote against occupancy limits.
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November 15, 2005
Jason Hewitt, 2404 Stover Street, CSU student, opposed the proposed Ordinances. He challenged
the Council to take the Ordinances to the ballot and stated Fort Collins needed to be "business
friendly" and "take care of the students that were a vital part of the community."
Matt Martindale, 348 Camino del Mundo, rental property owner, urged Council to vote against the
"flawed" rental registration program and to repeal the "three unrelated" Ordinance.
Mayor Hutchinson stated he would entertain Council questions relating to Ordinance No.123, 2005.
Councilmember Ohlson asked why there would be no fee with the Utilities database based system.
Mike Smith, Utilities General Manager, stated there would not be any additional major cost to
continue collecting the data that was already being collected.
Councilmember Ohlson asked for a definition of "habitable floor space" and whether an unfinished
basement would qualify as "habitable floor space." Peter Barnes, Zoning Supervisor, stated
Ordinance No. 123, 2005 added a definition for "habitable floor space" to the Land Use Code. He
stated the proposed definition was that "habitable floor space" would mean "the space in a building
approved for living, sleeping, eating, cooking, bathing and personal hygiene" and would provide that
crawl spaces, storage, laundry rooms, utility spaces and similar areas were not considered to
"habitable spaces." He stated the requirement for 350 square feet was for "finished habitable floor
space." He stated an unfinished basement would not count as "habitable floor space."
Councilmember Ohlson asked if there was a definition for "finished." Barnes stated there was no
definition for "finished" in the Land Use Code or the Building Code.
Councilmember Roy asked if staff had information on the boardinghouses that would have four or
less boarders. Heffernan stated it was difficult to obtain specific information. She stated the total
number of single-family and duplex units was 7,800 and that those would be the units most likely
to apply for a Certificate of Occupancy. She noted that the percentages were not by unit and were
by parcel.
Councilmember Weitkunat asked about the amendments being made relating to boardinghouses that
would be a new use. She stated the intent was that it not be "prohibitive" for someone to change a
unit into a boardinghouse. She asked what changes were being made so that it would be possible
for boardinghouses to exist. Barnes stated since First Reading staff had proposed several changes.
He stated one was to simplify the process to allow boardinghouses to be done with basic
development review (without public hearing) in all zones currently allowing boardinghouses for five
or fewer boarders, except in the LMN zone for which a non-public hearing process was proposed
when there would be four or fewer boarders. He stated another change was to address the parking
standards. He noted that the initial proposal was for parking based on the number of bedrooms and
that the revised proposal was to require .75 parking spaces per boarder. He stated a change was also
proposed to the number of parking spaces for boardinghouses.
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November 15, 2005
Councilmember Weitkunat noted the comments made by the speaker who referred to a six -bedroom
unit on a 70 foot lot. Barnes stated staffwas proposing a change to include boardinghouses that were
subject to basic development review in the same category as single-family dwellings subject to basic
development review. He stated they would be exempt from having to comply with most of the
engineering standards in Article 3 of the Land Use Code, although they would have to comply with
the supplemental regulations. He stated there would be additional requirements and a public hearing
process if there were six or more boarders.
Councilmember Brown asked if there was a different parking requirement for owner -occupied
boardinghouses that had tenants. Bames stated a single-family dwelling was required to have only
one parking space. He stated the owner -occupied boardinghouse would be required to have .75
parking spaces per boarder and one space for the family.
Councilmember Roy asked about criteria for nonconforming parking spaces. City Attorney Roy
stated the applicable language was no longer in the proposed Ordinance. He read into the record the
proposed language for Section 4 of Ordinance No. 123, 2005. He noted that the phrase
"nonconforming" had been removed from the proposed language and that the Director would no
longer have the discretion to review and approve the manner in which parking spaces would be
aligned. He stated there was a separate requirement in the City Code that provided that no more than
40% of the front yard could be converted to an improved area for parking purposes. He stated a
property owner with a narrow lot could determine how to align the parking spaces while meeting that
requirement.
Councilmember Roy asked for visual information illustrating how this could be done. Barnes
presented visual information showing different scenarios for compliant parking spaces.
Councilmember Roy stated one reason for unobstructed access was for response in emergency
situations and asked ifthere were any other situations in which obstructed parking would be allowed.
Barnes stated unobstructed access was preferred for emergency response and because it would be
easier for the occupants to manage. He stated development applications had been submitted
proposing the use of tandem parking to meet off-street parking requirements and that a variance or
modification process was required. He stated such submittals had been approved on a few occasions.
Councilmember Kastein asked for an explanation of "grandfathering" that would be done and
whether the parking and other requirements would change for grandfathered parcels. Barnes stated
there were some units that had been in existence for many years without a Certificate of Occupancy.
He stated some level of proof would have to be presented to show that a unit had been occupied and
operated as a boardinghouse since before Certificates of Occupancy were required. He stated those
nonconforming units that legally existed were not required to become compliant with new
requirements. He stated the Rental Housing Code standards did apply to all existing boardinghouses
and all rental units and that compliance would be required if there was a safety complaint.
Councilmember Kastein asked if that was a new requirement. Barnes replied in the negative.
43
November 15, 2005
Councilmember Kastein stated he appreciated the change to a percentage requirement instead of
distance requirement for boardinghouses. He asked for a comparison of the two methods and noted
that his intent was to come up with a method that would approximate a 300 foot separation between
boardinghouses without a "strict' 300 foot separation. He stated he would like to know which of
the possible percentage formulas would achieve that. Barnes stated one boardinghouse every 300
feet would result in about one boardinghouse every six lots.
Councilmember Manvel stated he was concerned about this same issue. He stated he had done some
modeling that showed that three to four boardinghouses would be the practical limit. He stated there
would be more flexibility with the percentage requirement than the 300 foot distance requirement.
He stated he believed that 15-20%would achieve approximatelythe same number ofboardinghouses
as the 300 foot requirement.
Councilmember Weitkunat asked if the required distance would have been a radius of 300 feet.
Councilmember Manvel stated his modeling allowed for the 300 foot radius.
Mayor Hutchinson asked about the basis for the 300 foot distance requirement. Barnes stated the
300 foot distance requirement would be less restrictive than the separation requirement that was in
place for other uses such as group homes.
Councilmember Manvel suggested that 15-20% could result in approximately the same number of
boardinghouses as the 300 foot distance requirement. He noted that in most zones there would be
unlimited density and that the question was why density was being limited in some zones. He stated
he believed that this was being done so that other residents in those zones would not be unduly
impacted. He stated it was necessary to arrive at a `reasonable" percentage that would work for all
residents of a block.
Councilmember Weitkunat stated this would be a maximum percentage and that there would be
restrictions and variables for housing to qualify as a boardinghouse. She asked if it could be
assumed that there would not necessarily be a boardinghouse on every block in the LMN zone.
Heffernan stated was a correct statement.
Councilmember Ohlson asked if there needed to be a definition for "finished." Barnes stated a
habitable space had to be "approved" for "living, sleeping, eating, cooking, bathing and personal
hygiene" and that to be approved there must be the correct number of electrical outlets, ceiling height
requirements must be met, and light and ventilation requirements must be met. He stated there was
therefore some direction regarding what qualified as habitable space.
Councilmember Ohlson stated there was a comment in the Agenda Item Summary regarding the
possibility of notifications to neighbors following issuance of a Certificate of Occupancy for a
boardinghouse. He stated such notifications should either be required or not required rather than
discretionary. Barnes stated the Ordinance would not require staff to give such notifications and that
44
November 15, 2005
it was staff s intention to notify properties in the block that a Certificate of Occupancy had been
issued for a boardinghouse so that neighbors could help the City "monitor" the situation.
Councilmember Ohlson asked if such notifications could be built into City policy in a formal way.
Heffernan stated this could be built into the City's policies and regulating procedures.
Councilmember Ohlson asked if thought had been given to change the outdated term
"boardinghouse" to a more appropriate term. Barnes stated staff had not discussed a different term.
He stated the current definition of a boardinghouse did not require it to be owner occupied.
Mayor Hutchinson stated provisions for boardinghouses were already in place and the City would
not have to "invent something new." City Manager Atteberry stated staff could come up with some
suggestions if that was Council's direction.
Councilmember Weitkunat stated definitions were changed in the Code all of the time and that this
definition could be reviewed at a later time. City Manager Atteberry stated the next round of Land
Use Code changes was scheduled in the spring.
City Attorney Roy read additional changes to Ordinance No. 123, 2005 into the record.
Councilmember Manvel made a motion, seconded by Councilmember Roy, to adopt Ordinance No.
123, 2005 on Second Reading with the percentage set at 15% for density of boardinghouses on a
block.
Councilmember Weitkunat made a motion, seconded by Councilmember Brown, to amend the
motion to a density of 25% on a block.
Councilmember Manvel spoke in support of the motion for 15%. He stated he had looked at one
example and for that example 10% (one boardinghouse allowed) would be unreasonably restrictive
while 25% (four boardinghouses allowed) would allow too many boardinghouses on a block. He
stated two boardinghouses on his block would not destroy the character of that block, while four
boardinghouses would change the neighborhood into a place he would not want to live. He stated
he believed that two boardinghouses on the block in both examples would be fine.
Councilmember Weitkunat stated the primary purpose for including boardinghouses in this
Ordinance related to the ability of four people to live together. She stated she did not believe that
most boardinghouse applications would be for more than four people. She stated this would be a
maximum percentage and that she doubted that there would be many high intensity applications. She
stated it was important to have a possibility for those kinds of boardinghouses. She stated the
process would be self -restricting because some applications would not meet the other criteria. She
stated she was concerned with preserving the opportunity for four people to live together in some
areas. She stated a 300 foot distance requirement could mean that few boardinghouses could exist
in the City. She stated she did not believe that four boardinghouses on a block face with 16 houses
would be too "extreme." She stated she favored a percentage of 25%. She stated this was a
45
November 15, 2005
"realistic number" to "accommodate the rental market." She stated she did not believe that there
would be a proliferation of boardinghouses for six or eight people because of the other criteria.
Councilmember Brown stated boardinghouses were included so that there would still be affordable
housing. He stated he would like to see more than 25% and would be "willing to settle" for 25%.
Councilmember Roy stated he would not support the 25% figure. He stated the impetus was to try
to make neighborhoods "healthier" for the residents. He expressed concern regarding the parking
issues for boardinghouses. He stated his concern was with protecting the core neighborhoods and
that 25% was "too aggressive" and would move the City away from the goal of healthy
neighborhoods.
Councilmember Manvel stated this would be a transition between areas that would allow unlimited
boardinghouses and those that would not allow boardinghouses. He stated everyone's rights needed
to be recognized.
Councilmember Kastein asked ifthe percentage would apply in all zones where boardinghouses were
allowed. Barnes stated the percentage would apply only in the LMN zone.
Councilmember Kastein asked for confirmation that an unlimited number of boardinghouses were
allowed now. Barnes replied in the affirmative and stated the Ordinance would set a maximum
percentage allowed in the LMN zone.
Councilmember Kastein asked if the requirements for boardinghouses would apply in all zones
allowing boardinghouses, with some exceptions. Barnes replied in the affirmative.
Councilmember Weitkunat stated core neighborhoods tended to be RL and that RL would not allow
any boardinghouses. She stated boardinghouses were actually being eliminated in a huge area of the
City. She stated this was a compromise to accomplish affordable housing and accommodate the
rental market that was necessary for the community.
Councilmember Ohlson stated he would not support the motion to amend. He stated he could
support 20% and could not support 25%. He stated a 1,250 square foot home with a finished
basement could allow seven boarders and there could be eight boarders in a 1,500 square foot home
with a finished basement. He stated there could therefore be 32 people living in the four
boardinghouses allowed on a block. He noted that the boardinghouses would have to have off-street
parking but that there would be no requirement that cars actually be parked off-street. He stated 32
people in four units could add 32 automobiles to a neighborhood. Barnes stated off-street parking
would have to be available and that people could choose not to use it.
Councilmember Ohlson stated he would be voting against the amendment
46
November 15, 2005
Mayor Hutchinson stated this was a key element that added balance to the issue. He stated this
would be a maximum percentage in the LMN zone, that single-family neighborhoods were being
protected, and that he would support the motion to amend to 25%.
The vote on the motion to amend to 25% was as follows: Yeas: Councilmembers Brown,
Hutchinson, Kastein and Weitkunat. Nays: Councilmembers Manvel, Ohlson and Roy.
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Councilmember Weitkunat stated she initially wanted to remove the "three unrelated" Ordinance
from the books. She stated this was an "important compromise" and that the issue for her was
"renters versus homeowners." She stated renters needed housing and fairness and that she could not
have supported the Ordinance without the boardinghouse element. She stated establishing criteria
meant that there would be a methodology to alleviate the problem. She stated she did not believe
that neighborhoods would become "inundated" with boardinghouses because of the controls and
restrictions. She stated she would support the motion as amended as a "reasonable solution for all
parties."
Councilmember Ohlson stated the neighborhoods brought this issue forward and that the Board of
Realtors showed "courageous and wise leadership in supporting this." He thanked everyone
involved and stated he would support the motion.
Councilmember Roy stated the CSU student body also got involved in the issue. He stated this may
not be a "perfect solution" but that this was the result of a "lot of hard work" as well as "soul
searching." He stated the Ordinance could be adjusted in the future if needed. He thanked the City
staff for the work on the matter.
Councilmember Manvel thanked all those involved and stated this was a good compromise. He
stated he hoped that this would be an "enforceable" Ordinance and that it would help solve the
problems that exist.
Councilmember Kastein stated this had been a long and difficult process and that there were to
"legitimate" sides to the occupancy issue. He stated there was a `compelling argument" regarding
discrimination, and that there were `compelling arguments to protect families" and single-family
neighborhoods. He stated he supported leaving the occupancy limit at the current three and noted
that boardinghouses had already been addressed in the Code. He stated he saw this as "making a
statement' that the City would enforce the previously ignored existing laws and enforce "behavior
issues."
Mayor Hutchinson stated the Council had an obligation to help single-family neighborhoods retain
that "flavor." He suggested that the Council had worked hard in "innovative ways" to avoid
problems with what would be enacted.
47
November 15, 2005
The vote on the main motion as amended to 25% was as follows: Yeas: Councilmembers Brown,
Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED.
Mayor Hutchinson stated he would entertain questions and discussion regarding Ordinance No.124,
2005.
City Attorney Roy read proposed amendments to Ordinance No. 124, 2005 relating to the disclosure
requirement into the record.
Councilmember Weitkunat made a motion, seconded by Councilmember Brown, to adopt Ordinance
No.124, 2005 (Option A: without rental registration) on Second Reading with the amendments read
by the City Attorney.
Mayor Hutchinson summarized Option A.
Councilmember Kastein asked about the effective date for the disclosure requirements set forth in
Option A. City Attorney Roy stated the requirements would take effect 10 days after Second
Reading.
Councilmember Kastein asked for the rationale. City Attorney Roy stated staff believed that there
was no reason to delay the requirement to disclose the maximum number of occupants since the City
currently had a maximum number of occupants.
Councilmember Ohlson stated he would support the motion. He stated there would now be no
minimum fine and that the City now "fully intended to enforce the law." He stated there would be
flexibility for the judge to determine the fine.
Councilmember Weitkunat asked if any new rental would have to carry a disclosure statement
beginning in 10 days and if this would be retroactive for any existing rentals. City Attorney Roy
stated when any property was sold or rented again there would be a disclosure requirement.
Heffernan stated the disclosure form was ready for use.
Councilmember Weitkunat stated this was a "credible compromise." She stated the disclosure
requirement was a key element of the package.
Councilmember Kastein stated Option B represented what was adopted on First Reading. He stated
he saw a need for "reliable statistics" to help in setting policy and that would require a database. He
stated this would also help the City in sending out educational mailings to rentals. He stated there
would be benefits of a registration system but that he would not support one because of the non -
confidential nature of the information that would be collected. He stated there could be opportunities
for that information to be misused. He stated he appreciated the "creative work" that was done on
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November 15, 2005
the Utilities database option, which would allow confidentiality. He stated the disclosure
requirement was now more acceptable than the previous truth -in -advertising requirement.
Councilmember Manvel stated he agreed that the disclosure requirement was now more acceptable.
He stated Option A would place a "great responsibility" on the City staff and that he would have
preferred that information was accessible to allow neighbors and landlords to work out issues among
themselves. He stated having this "secret database" would increase government by bringing the City
into the dispute "loop" more often. He stated this would be a "minimally intrusive" and less
expensive system. He stated he would support the motion and would wait to see if this type of
registration would work well without "too much burden on City staff."
Mayor Hutchinson stated he voted for Option B on First Reading in hopes that there would be more
public interaction on Second Reading. He noted that the majority of people who spoke at this
meeting were concerned primarily with registration. He stated most objected to a single database
created by the City to address a subgroup of the community. He stated the Council did need
information to have "data driven policy." He stated Ordinance No. 123, 2005 (just adopted) could
have some unintended consequences and that those consequences could not be tracked unless data
was available. He stated Option A would not have the negative drawbacks and would give Council
data to track any impacts of the occupancy limits and boardinghouse provisions and move quickly
to make any necessary adjustments.
The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein,
Manvel, Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED.
(Secretary's Note: The Council took a brief recess at this point.)
Councilmember Weitkunat made a motion, seconded by Councilmember Roy, to adopt Ordinance
No. 125, 2005 on Second Reading. Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel,
Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED.
Councilmember Weitkunat made a motion, seconded by Councilmember Manvel, to adopt
Ordinance No. 126, 2005 on Second Reading. Yeas: Councilmembers Brown, Hutchinson, Kastein,
Manvel, Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED.
Councilmember Ohlson made a motion, seconded by Councilmember Kastein, to adopt Ordinance
No. 127, 2005 on Second Reading. Yeas: Councilmembers Brown, Hutchinson, Kastein, Manvel,
Ohlson, Roy and Weitkunat. Nays: None.
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November 15, 2005
THE MOTION CARRIED.
Councilmember Roy made a motion, seconded by Councilmember Kastein, to adopt Ordinance No.
155, 2005 on First Reading.
Councilmember Manvel asked about Section 26-27 relating to penalties for reporting incorrect
information regarding the identify and address of the owner. He noted that there were references
earlier in the Ordinance to reporting the telephone number as well. City Attorney Roy stated the
Ordinance was broad enough to cover the reporting of all required information. He stated staff
could look at the language prior to Second Reading to determine if an amendment was needed.
Councilmember Manvel noted that the information would be reported at the time of signing up for
utility service and that this might be done by a property owner or a tenant. He stated this would
mean that the person signing up for utility service would have to provide personal information and
information about the property owner. He asked for clarification about how this reporting would be
done in light of comments received during citizen participation. City Attorney Roy stated the
obligation would be for every customer, whether it was the owner or the tenant, to provide accurate
and complete information regarding ownership. He stated if the tenant did not have that information
and could not provide it, the tenant would have to persuade the owner to provide the information or
there would not be utility service. He stated this would apply to current customers and new
applicants on the effective date of January 1, 2007.
Councilmember Manvel asked if utility service would be provided if the Utilities was confident it
had the correct information, whether that information was provided by the tenant or owner. Smith
replied in the affirmative. City Attorney Roy stated the owner would be notified when the tenant
obtained service and there would be a presumption that the owner was consenting to it. He stated
the service would not be provided if the owner objected. He stated the owner was ultimately
responsible for the unpaid utility bills and liens could be placed against the property if the bills were
not paid.
Councilmember Manvel stated this Ordinance would benefit the Utilities for many reasons. Smith
stated it help the Utilities deal with delinquent accounts and stay in touch with owners.
Councilmember Manvel stated it would be a "stringent requirement" to require the name of a "real
person" and a telephone number and that this should help in contacting owners that were trusts or
corporations or out-of-state. City Attorney Roy stated applicants would be required to provide
contact information for a natural person authorized to act as an agent for the owner with regard to
the management of the unit.
Councilmember Roy asked about plans to do an analysis on how well this would work; i.e., to test
the accuracy of the information collected. Smith stated staff checked the information against the
County records wherever possible.
Councilmember Roy asked if the City would be able to check the system. Smith stated staff intended
to develop processes to check the information.
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November 15, 2005
Councilmember Roy stated he would like conceptual information on those processes at the time of
Second Reading of the Ordinance.
Councilmember Kastein how this Ordinance would be implemented. Smith stated the effective date
was January 1, 2007 and that staff had not worked out the procedures and processes yet. Heffernan
stated staff had considered possible procedures and processes for the rental registration program that
was initially considered. She stated the Neighborhood and Building Services staff could assist the
Utilities staff. She stated resources included direct mail using existing addresses, stakeholder group
contacts, and possibly an insert in tax bills by the County Assessor in 2007. Smith stated there was
some time to work on this.
Councilmember Weitkunat stated there had been some discussion that this would be a "free ride"
and a "burden to the City." She stated if this turned into a "cumbersome" or "more intense" process
than anticipated that a processing fee should be explored as a possibility. She asked if language
needed to be drafted to allow the Utilities to assess a nominal fee if needed in the future. She stated
she would like to "leave that door open" because there could be costs to the City. She stated she
would support adding language to the Ordinance at this time or coming back with an amendment at
a future date.
Councilmember Kastein asked if this would save the City money because there would be a central
database with information needed. City Manager Atteberry stated staff anticipated spending less
time on tracking down the 10-13% of violators.
Mayor Hutchinson stated this option met the concerns of the Council and the citizens.
The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein,
Manvel, Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED.
City Manager Atteberry thanked the Council for the long hours spent on this item and the
"partnership" developed between the Council and staff.
Ordinance No. 132, 2005,
Being the Annual Appropriation Ordinance Relating to
the Annual Appropriations for the Fiscal Year 2006 and
Adopting the Budget for the Fiscal Years Beginning
January 1, 2006 and Ending December 31, 2007, and
Fixing the Mill Levy for Fiscal Year 2007, Adopted on Second Reading
The following is staff's memorandum on this item.
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November 15, 2005
"FINANCIAL IMPACT
During First Reading of this Ordinance, Council approved two amendments to the 2006-2007
Biennial Budget.
(1) Add a 0.50 FTE Bicycle Coordinator position at a cost of $40, 840 in 2006
and $42, 840 in 2007, f coded by one-time savings in the General Fund.
(2) Appropriate $256,041 in the General Fund from one-time savings, but not
earmarked for a specific use at this time.
The Ordinance has been amended to reflect the aforementioned changes. This Ordinance represents
the annual appropriation for fiscal year 2006, and adopts the total budget for fiscal year 2006 at
$477, 048,152 and for fiscal year 2007 at $464, 005,551. This Ordinance also sets the City mill levy
at 9.797 mills, unchanged since 1991, for fiscal year 2006
EXECUTIVE SUMMARY
Ordinance No. 132, 2005 was adopted 5-2 (Nays: Ohlson and Roy) on First Reading on November
2,2005. Council adopted the 2006-200 7 City Biennial Budget and the corresponding appropriation
of monies for fiscal year 2006 expenditures.
f KreCt"11AYAI
The 2006-2007 Biennial Budget establishes the services and financial plan to achieve results that
support the seven key outcomes:
• Improve Economic Health
• Improve Environmental Health
• Improve Neighborhood Quality
• Safer Community
• Improve Cultural, Recreational And Educational Opportunities
• Improve Transportation
• A High Performing Government
For the General Fund, the sales tax rate remains unchanged at 2.25% and the property tax rate
remains unaltered since 1991 at 9.797 mills. The budget includes a number offee adjustments and
increases —the most notable relating to a Transportation Development Review Fee to recover 80%
ofdevelopment review costs; increases in Recreation Fees and in Water and Wastewater utility rates
(userfees); consideration ofa Transportation Maintenance Fee (TMF) in 2007; and increased Plant
Investment Fees (development impactfees) related to Water, Wastewater, Stormwater, and Electric.
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November 15, 2005
Final Budget Adjustments
Based on Council's review and discussion of the biennial budget at First Reading (November 2),
there were two amendments that are included in Second Reading ofthe 2006-2007 budget adoption
and 2006 appropriation ordinance.
1. Bike Coordinator — a haftime Bike Coordinator to plan and implement programs to
promote bicycling as an alternate form of transportation is included in the budget for 2006
and 2007. The Coordinator will conduct marketing, outreach activities, grant writing, and
coordinate events. Monies are also included for marketing and promotional activities.
Costs are divided as follows: $40,840 for the half-time Bike Coordinator and $16,173 for
marketing.
2006: $ 57,013 $16,173 CMAQ (Existing grant contract)
(One-time) $40,840 Medical Benefits One-time Savings
2007: $ 59,013 $16,173 CMAQ (Existing grant contract)
(One-time) $42,840 Medical Benefits One-time Savings
2. 2006-2007BiennialBud¢et One-time Savings —based on updatedprojections, ourestimated
costs for covering medical benefits for employees in 2006 have been reduced. In the General
Fund this amounts to $639,844; savings among other funds, apart from the General Fund,
amount to $844, 291. Also, the Trash Districting Study, a one-time cost, was eliminated from
the recommended budget. Consequently, additional one-time resources that amount to
$670,389 are available to cover service needs in the General Fund. Based on Council's
direction, these one-time monies have been allocated for use in the 2006 and 2007 budget
as follows:
Source:
One-time Medical Benefits Savings $639,844
One-time Trash District Study 30.545
TOTAL RESOURCES .................................................... $ 670,389
Use:
a.
Dial -a -Ride 2006
$ 60, 000
b.
Dial -a -Ride 2007
80,000
c.
Lorimer Humane Society 2006
65,748
d.
Lorimer Humane Society 2007
124,920
e.
Bike Coordinator/Marketing
40,840
f.
Bike Coordinator/Marketing
42.840
TOTAL USES..............................................................
414,348
NET AVAILABLE AFTER USES ......................................
$ 256,041
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November 15, 2005
This "Net Available After Uses " of $256, 041 will be appropriated in the General Fund, but
not earmarked for any particular use at this time. The amount will set aside as 2006-2007
Biennial Budget One-time Savings and available for Council to designate for a service use
at a later time.
Recap of Changes from the Recommended Budget
A recap of all the changes Council made to the City Manager's recommended budget that are
included in the budget adoption and appropriation ordinance follows:
• Dial -a -Ride ($60,000 in 2006 and $80, 000 in 2007—General Fund One-time dollars)
• Enhance Camera Radar ($177,000 in 2006 and $185,850 in 2007—General Fund
Ongoing New Fee/Fine Revenue)
• Trafc Ticket $35 Surcharge/added Police Traffic O :cers ($240,000 in 2006 and
$247,200 in 2007—General Fund Ongoing New Fee/Fine Revenue)
• Lorimer County Humane Society ($65,748 in 2006 and $124,920 in 2007—General
Fund One-time dollars)
• Restorative Justice/Enhanced ($17,373 in 2006 and $18,508 in 2007—General Fund
Ongoing dollars). The Restorative Justice/Basic Service of$52,118 in 2006 and $55,525
in 2007 is anticipated to be funded by grants.
• Neighborhood/Homeowners Association Data Base ($15,000 in 2006 and $15,000 in
2007—General Fund Ongoing dollars)
• Street Sweeping/Quarterly Service for Neighborhood Streets ($112,000 in 2006 and
$115,940 in 2007—Stormwater Utility Fund —Ongoing dollars)
• Half-time Bike Coordinator and Marketing ($57,013 in 2006 and $59,103 in
2007—General Fund and CMAQ One-time dollars)
2006-2007 Biennial Budget One-time Savings ($256, 041 in 2006—General Fund One-
time dollars)
• Trash Districting Study ($30,545 in 2006—General Fund One-time dollars). The study
was eliminated and these one-time resources are credited to General Fund savings.
Future Budget Issues
While the Budgeting for Outcomes process was an effective tool for allocating the City's available
resources for services and actions directly related to the key outcomes, three key issues remain and
will be addressed in preparation for the 2007 Budget Exception Process.
Transportation Maintenance Fee (TMF)
The biennial budget includes a recommendation to enact a Transportation Maintenance Fee
in 2007. Over the next few months and prior to the 2007 Budget Exception Process
(adjustments to the 2007 budget and appropriation ordinance that occur in late 2006),
Council and staff will work with the community and carefully examine the Transportation
Maintenance Fee, as well as other options for addressing street maintenance and other
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November 15, 2005
General Fund operational needs. Without an added revenue source in 2007, additional cuts
approximating $2.7 million must be made to the 2007 budget plan.
2. Employee Compensation and Benefits
In preparation for 2007 employee pay adjustments, the City Manager will work on refining
the City's performance review system to achieve a greater emphasis on pay based on
performance. This includes usingpay as aperformance incentive; refining the "market"for
City jobs (e.g., ifjobs are more locally benchmarked, use local comparisons; ifjobs are
more regional, use broader or more regional comparisons). Discussion will focus on the
underlying principles of how employees' pay progress within their pay grades.
3. Police Staffing and Services
Ensuring a safe community is a key result and priority in our community. Before we
determine the specific, future staffing and resource needs related to Police services, a more
specific service plan and set of metrics that are pertinent and directly applicable to our
community profile and public safety needs must be developed. As a starting point, Council
supported the creation ofa Council subcommittee to work closely with the City Manager and
staff to develop the service plan and metrics. "
City Manager Atteberry introduced the agenda item. He stated this was the culmination of "lengthy
and substantive process." He expressed appreciation for the partnerships that had been developed
on this budget with the Mayor and Council, Results Teams, Executive Lead Team and Budgeting
for Outcomes Lead Team. He stated Deputy City Manager Jones was a "consummate professional
and incredible partner" through this process. He stated the Budgeting for Outcomes process was
needed because there had been structural changes in the local economy and City revenue stream.
He stated building on base budgets no longer worked and that there was a need to review all of the
City's costs. He stated this was a true outcome -based budget that addressed the Council's priorities:
the budget and the local economy. He stated the total budget was $477 million for 2006 with a $97.5
million General Fund budget. He stated on First Reading the Council added a half-time FTE bicycle
coordinator position in 2006 and 2007 using one-time dollars and directed the appropriation of
$256,000 plus in the General Fund from one-time savings to be set aside for uncertainties and not
earmarked for specific purposes in 2006.
Councilmember Ohlson asked if there were preliminary figures on the sales and use tax figures for
the month. Chuck Seest, Finance Director, stated the October sales activity information was
gathered in November and remitted in December to the City.
Councilmember Ohlson asked if there was an October report for September figures. Seest stated
those figures showed that for the first nine months of the year there was a 3.1 % combined sales and
use tax increase over 2004 figures. He stated the trend was continuing for the sales tax to slightly
lag, while the use tax was far ahead of budget projections.
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November 15, 2005
Councilmember Ohlson asked if staff was still comfortable with the projections for 2006 and final
numbers for 2005. Seest replied in the affirmative.
Mayor Hutchinson stated each audience participant would have four minutes to speak.
Kay Rios, Affordable Housing Board, stated the Budgeting for Outcomes process was flawed as
noted in a memo that had been sent from the Board to the Council. She stated the budget "loudly
made a statement" of lack of support for affordable housing in Fort Collins. She urged Council to
remember that affordable housing was a large component of economic sustainability and was closely
tied to five of the seven core values on which the budget was based. She stated the outcomes did
not reflect that. She stated the Board believed that low income citizens were being impacted in a
variety of ways through cuts to other programs and increases in user impact fees. She stated a
"message" was being sent that people should not plan on living in Fort Collins if they were "not
healthy, not wealthy and don't have their own resources." She stated Council must address how to
keep the idea alive that this was a "welcoming community for all people." She stated the first step
would be to reinstate the affordable housing funds.
Sarah Allmon, 1200 East Stuart Street 938, disabled resident, spoke in favor of funding for
transportation.
Jenny Shock, social worker, spoke in favor of funding for night-time Dial -a -Ride and expanded bus
routes to Harmony Road.
Paul Rosenzweig, 413'/2 East Mulberry Street, supported funding for expanded transit.
Bruce Hall, 924 Whalers Way, spoke in support of reallocating funding for transit in the southeast
comer of the community.
Susanne Durkin -Schindler, 1342 Stonehenge Drive, thanked Council for its decision to fund the
grant -funded Restorative Justice Program and spoke regarding the purpose of the program. She
stated she understood that consideration was being given to additional funding and noted that there
were 25 program volunteers who would "step to the plate."
Councilmember Weitkunat made a motion, seconded by Councilmember Kastein, to adopt
Ordinance No. 132, 2005 on Second Reading.
Councilmember Weitkunat stated she had "countless calls" regarding the bicycle coordinator's
salary. She stated she and many community members were "astounded" to find that $40,000 would
be the salary for a half-time employee. She asked why the figure was so high for a part-time
position. City Manager Atteberry stated the job description listed the pay range as $19,396 to
$26,377 for a half-time position. He stated the total cost for salary and benefits for the top of the
range would be $34,452 and that $5,548 was intended for miscellaneous minor program costs and
any costs associated with training.
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November 15, 2005
Councilmember Weitkunat asked if the City was required to provide benefits. City Manager
Atteberry stated the position could be staffed by a contract employee with no benefits. He stated the
dollar amount provided was the highest possible cost and that the actual cost could be lower.
Councilmember Weitkunat asked if the Council would need to provide direction to say that the
position should be staffed for fewer dollars. City Manager Atteberry stated he would like Council
to allow him the discretion to answer those concerns and to work with Human Resources on the
position.
Councilmember Weitkunat stated she heard from many citizens about the high cost of the part-time
position in these difficult economic times.
Councilmember Ohlson stated he would be voting against the Pay Plan later in the meeting. He
expressed concern that the bicycle position would be treated differently than other positions with
similar responsibilities. City Manager Atteberry stated the Pay Plan applied to classified and
unclassified employees as well as contract and hourly positions. He stated this position was aligned
with the Administrative Professional 02 designation used for Publicity and Marketing Specialist.
He stated the hiring supervisor, the service area director, the Human Resources Director and the City
Manager typically worked together to make a position competitive. He stated some contract and
hourly employees did not receive benefits.
Councilmember Manvel stated he had proposed the dollar amount for the bicycle coordinator
position based on figures received from staff. He stated he would support leaving the figure as
proposed and allowing staff to work on finding a good person for the least possible money. He
stated this position should not be treated any differently than any other position.
Councilmember Roy asked if the mill levy was being fixed for 2006. City Attorney Roy replied in
the affirmative and stated this could be considered as a friendly amendment to the language of the
motion.
Councilmember Ohlson asked ifmore information was available on the Restorative Justice Program.
He noted that three options were discussed and asked what program enhancements would be
achieved under each of the three optional dollar amounts discussed. He stated he would like to know
if there was Council interest in additional funding for the program. Deputy City Manager Jones
stated the dollar amount included in the budget was the State Juvenile Justice Center grant awarded
in agenda item #16; that there was a pending Bohemian Foundation grant of $30,000; and that on
Second Reading more than $17,000 was included in the Citybudget for 2006 and $18,508 for 2007
in ongoing monies. She stated there were five scenarios discussed with regard to adding money for
the program.
Councilmember Ohlson asked if staff had an opinion on those options. Dennis Harrison, Police
Chief, stated five options were presented in information given to Council. He stated the program
was seeking permanent funding that would not rely on grants. He stated if the Bohemian Foundation
grant was received, if the $17,000 for 2006 was approved, and if the $20,000 from the State was
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November 15, 2005
received, funding would be at around $67,000. He stated this was a positive program with benefits
to the community, and that the question was how much the program should be enhanced.
Councilmember Roy asked if the coordinator had any comments. Perrie McMillen, FCPS
Restorative Justice Program Coordinator, stated several options had been presented. She stated the
original intention was to achieve stability in funding. She stated the options that were presented
were dependant on receipt of the Bohemian Foundation grant and that the program would learn by
later in the month whether that grant would be awarded. She stated she applied for the maximum
amount allowed ($30,000) and that adjustments would need to be made depending on the actual
amount received. She stated if the program received the Bohemian Foundation grant and the funding
approved by the City Council, the program would be able to continue the programs that were already
in place and take direct referrals from school administrators, avoiding the courts. She stated services
in the schools could be expanded if additional funding was received from the Council. She stated
the program would also like to do collaborative work with Neighborhood Services to develop a
restorative process to address nuisance violations.
Councilmember Ohlson noted that options were provided for another $20,000 or $40,000 in City
support. He asked if this would be ongoing money or one-time dollars. City Manager Atteberry
stated the only available money was one-time dollars.
Councilmember Weitkunat asked if dollars could be reallocated during the budget exceptions
process next June. City Manager Attebeny stated this could be considered again during that
exceptions process and Council could consider this at any time.
Councilmember Weitkunat stated this was an important program and that she would like to know
about the Bohemian Foundation grant before making a determination on additional funding. She
suggested using the exceptions process to look at this funding again. She stated it was also important
to look at a funding stream to keep the program alive and stated this may not have to occur at this
time. She stated she would be willing to consider this for the 2007 budget.
Councilmember Kastein stated this was a valuable program and that there were many other
competing health and safety needs. He asked that this discussion be continued with future police
staffing strategic discussions.
Councilmember Ohlson stated one-time monies could help with this kind of program but were not
appropriate for police and fire funding. He stated he was open to looking at options for matching
grants.
Councilmember Manvel stated he like the idea of matching grants. He asked when the program
would be impacted if the $30,000 Bohemian Foundation grant was not received. McMillen stated
the award date would be December 1. She stated one of the two primary programs would probably
have to be cut if the grant was not received and if additional funding was not received from the City.
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November 15, 2005
Councilmember Weitkunat stated money had been appropriated for the grant. McMillen stated if
more money would be available in June that the program could probably continue until then without
cuts.
Councilmember Weitkunat supported looking at this funding strategically so that the program did
not have to struggle along with uncertain grant funding.
Mayor Hutchinson asked if there was support for an amendment to the Ordinance.
Councilmember Ohlson stated he did not plan to offer an amendment. He asked if there was
consensus to look at funding in the exceptions process if grant funding did not come through. City
Manager Atteberry suggested that dollars not be set aside at this point to cover costs in the event the
grant was not received. He stated he would report back to the Council on the grant and that a
decision could be made at that time about what to do.
Mayor Hutchinson stated there was a consensus in favor of the City Manager's suggestion
Councilmember Roy stated he would not support the motion. He expressed appreciation for the
detailed examination of the budget. He stated he had concerns about omissions from the budget that
affected the "most vulnerable" people in the community. He stated he was concerned about the
impact of the budget on affordable housing, transit and environment.
Councilmember Kastein stated there was not enough money to cover all needs. He stated the
Council's policy agenda included eight statements about transportation (with three relating
specifically to transit).
Councilmember Weitkunat stated she would support the Ordinance on Second Reading. She stated
this was the "worst" as well as the "most meaningful" budget she had worked on during her six years
on the Council. She stated it was difficult when there were limited funds and that choices and
compromises had to be made. She stated she hoped that the next budget process would be "clearer"
to enable the City to address problems and policies that concerned the community. She stated the
Restorative Justice Program was an example of an important program that should be kept but could
not be fully funded. She stated this was a "beginning" and that there would be a clearer path to
outcomes in the next budget cycle.
Councilmember Ohlson stated he would vote against the Ordinance on Second Reading. He stated
he had not given up on a youth center on the south side, transportation demand management funding,
environmental program funding, changes to the 70th percentile pay plan, the unresolved $20 million
retirement plan, a trash districting study, and changes to the two -tiered bus driver structure.
Councilmember Brown stated the City could not afford some things in the budget. He stated
Budgeting for Outcomes gave transparency to the budget process. He noted that there had been a
great deal of public input on this budget. He stated he would support the Ordinance on Second
Reading.
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November 15, 2005
Councilmember Manvel stated he would support the motion. He stated he believed that there would
be more problems with the 2007 budget than with the 2006 budget. He expressed appreciation for
the compromise and discussion that had occurred. He stated there were still many remaining
questions.
Mayor Hutchinson stated this was a "tough budget" and that this budget "struck a balance." He
noted that employee pay was being unfrozen while positions were being cut. He stated the Council
was "pushing for an organization of excellence." He stated the budget reflected a commitment to
quality of government at a level the citizens expected.
The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein,
Manvel and Weitkunat. Nays: Councilmembers Ohlson and Roy.
THE MOTION CARRIED.
Meeting Extended
City Manager Atteberry made recommendations regarding the agenda items that must be completed.
City Attorney Roy suggested a motion to extend the meeting until midnight. He stated if the Council
wanted to go beyond midnight there must be a motion to suspend the rules. He noted that the Gil)
meeting was a separate meeting.
Councilmember Manvel made a motion, seconded by Councilmember Ohlson, to extend the meeting
to midnight.
Councilmember Kastein stated he would not support extending the meeting past midnight.
The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein,
Manvel, Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED.
City Manager Atteberry asked if it was Council's intent to complete the agenda.
Mayor Hutchinson stated that was the intent.
Items Relating to 2006 Water, Sewer, Stormwater Plant Investment
Fees and Electric Development Charges Adopted on Second Reading
The following is staffs memorandum on this item.
November 15, 2005
"EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 133, 2005, Amending Chapter 26 of the City Code to
Revise Water Plant Investment Fees and Raw Water Requirements.
B. Second Reading of Ordinance No. 134, 2005, Amending Chapter 26 of the City Code to
Revise Sewer Plant Investment Fees. (Phase -In Implementation - 113 in 2006)
C. Second Reading of Ordinance No. 135, 2005, Amending Chapter 26 of the City Code to
Revise Electric Development Fees and Charges.
D. Second Reading of Ordinance No. 136, 2005, Amending Chapter 26 of the City Code to
Establish Stormwater Plant Investment Fees.
These Ordinances adopt the water, sewer and stormwater plant investment fees and electric
development fees. These fees were presented and discussed at City Council's August 23, 2005 work
session. The fees are one-time charges paid by developers or builders for the cost of the utility
infrastructure needed to serve a new development.
Ordinance Nos. 133, 135, and 136, 2005, were unanimously adopted on First Reading on November
2, 2005. Ordinance No. 134, 2005 (Option B - to phase -in implementation) was adopted 6-1 (Nays:
Manvel) on First Reading on November 2, 2005.
Per Council direction during the First Reading of these Ordinances, a revision has been made to
each Ordinance by adding Code language requiring staff to review the fees annually and to present
the fees to Council for approval on at least a biennial basis, which appears in Section I of each
Ordinance. These Code changes are being made to mitigate the impact of adjustments in anyone
year.
A housekeeping revision has been made to the Wastewater PIF Ordinance No. 134, 2005 (Option
B) since the First Reading. The change helps to clarify the calculation of the fees for biochemical
oxygen demand (BOD) and total suspended solids (TSS) for high strength customers and those
customers with tap sizes greater than three inches. "
City Manager Atteberry stated staff would be available to answer any questions.
Councilmember Kastein asked about stormwater rates for hotel use. He noted that this was
significantly higher than any other city. Teri Bryant, Utilities Budget and Finance Manager, stated
some cities had many different basins and that those basin fees were averaged to arrive at an average
cost for the stormwater fee. She stated other cities collected a minimum stormwater fee and
collected the balance for stormwater development through rates.
Councilmember Kastein stated his question also related to water rates for hotels. Bryant stated it was
difficult to obtain comparative information for hotels because of the unique ways communities
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November 15, 2005
calculated rates. She stated some communities used a room count and some used square footage.
City Manager Atteberry stated he would be suggesting that regional City Managers get together to
share information on a monthly basis. He stated he wanted to determine if there was interest in
forming a consortium to collect information about fees charged by other cities.
Councilmember Manvel made a motion, seconded by Councilmember Ohlson, to adopt Ordinance
No. 133, 2005; Ordinance No. 134, 2005; Ordinance No. 135, 2005; and Ordinance No. 136, 2005
on Second Reading.
Councilmember Kastein stated he would vote against the motion because the data indicated that this
was "not acceptable." He stated cost analysis had not been done. He stated in the future he wanted
to see annual cost comparisons for any fee items.
The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Manvel,
Ohlson, Roy and Weitkunat. Nays: Councilmember Kastein.
THE MOTION CARRIED.
Ordinance No. 139, 2005
Adopting the 2006 Classified Employees
Pay and Classification Plan. Adopted on Second Reading
"EXECUTIVE SUMMARY
This Pay Plan continues in support ofthe practice ofsetting Citypay range maximums at the market
70th percentile. Data from thepublic and private sectors, including reported published survey data
and a special City of Fort Collins Compensation Survey, were used to determine the prevailing
market rates for 100 benchmarkjobs.
Ordinance No. 139, 2005, was adopted 6-1 (Nays: Ohlson) on First Reading on November 2,
2005. "
City Manager Atteberry stated staff would be available to answer questions.
Councilmember Kastein made a motion, seconded by Councilmember Weitkunat, to adopt
Ordinance No. 139, 2005 on Second Reading.
Councilmember Ohlson stated he would vote against the Ordinance on Second Reading. He stated
he believed that work still needed to be done on the 70th percentile.
Mayor Hutchinson stated he believed that everyone was committed to working further on the 70th
percentile policy.
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November 15, 2005
The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein,
Manvel, Roy and Weitkunat. Nays: Councilmember Ohlson.
THE MOTION CARRIED.
Ordinance No. 156,2005,
Amending the Zoning Map of the City of Fort Collins by
Changing the Zoning Classification for that Certain Property
Known as the Hellenic Plaza Rezoning. Failed on First Reading
"EXECUTIVE SUMMARY
This parcel was annexed into the City in February, 1964 and placed in the A —Residential District.
It was rezoned RH -residential High -Density in 1965. In March of 1997, in order to implement City
Plan and Land Use Code, the 1.267 acre property now being considered for rezoning was placed
in the CC — Community Commercial District. In March, 1999, in accordance with the adoption of
the West Central Neighborhoods Plan, theproperty was rezonedMMN-Medium DensityMixed-Use
Neighborhood. The MMN District does not permit a coffee and pastry/deli shop (fast food
restaurant) as requested on the Rezoning Petition. Therefore, the rezoning request does not comply
with City Structure Plan and the West Central Neighborhoods Plan.
APPLICANT. Eastpoint Studio, LLC
c% Don Brookshire
3207 Kittery Court
Fort Collins, CO 80526
OWNER: Hellenic Plaza, LLC
P.O. Box 1613
Fort Collins, CO
On October 4, 2005, Council considered and denied this rezoning request. At the request of the
applicant, who was not present at the hearing on October 4, Council, at its October 18 meeting,
voted to rescind its October 4 decision and scheduled a new hearing at this meeting.
BACKGROUND
The surrounding zoning and land uses are as follows:
N.- RL, NCB; Existing single-family residential
S: Not Zoned; Existing Colorado State University Alumni Center
E: NCL; Existing single-family residential
W MMN,• Existing sorority house (Chi Omega)
.�
November 15, 2005
The property was annexed as part of the Delta Eta House Association Annexation in February,
1964, and zoned A (a residential district).
The property was rezoned RH - Residential High -Density in 1965 and remained RH until March,
1997.
The property was rezoned CC - Community Commercial in March, 1997 with the adoption of the
new comprehensive plan, City Plan.
The property was rezoned MMN- Medium Density Mixed -Use Neighborhood in March, 1999 with
the adoption of the West Central Neighborhoods Plan.
The property has not been platted to date. However, it does contain one vacant building, most
recently having been the Sigma Chi Fraternity House.
City Plan Rezoning
In March of 1997, in order to implement CityPlan and Land Use Code, the 1.267 acre property now
being considered for rezoning was placed in the CC— Community Commercial District. In March,
1999, in accordance with the adoption of the West Central Neighborhoods Plan, the property was
rezoned MMN- Medium Density Mixed -Use Neighborhood.
Current Request
The applicant, Hellenic Plaza, LLC, c% Eastpoint Studio, LLC/Don Brookshire, filed a rezoning
petition with the City on July 15, 2005. The applicant is requesting a rezoning of 1.267 acres from
MMN— Medium Density Mixed -Use Neighborhood to CC - Community Commercial. The MMN
District does not permit a coffee and pastry/deli shop (fast food restaurant) as requested on the
Rezoning Petition. The property currently contains one vacant building, most recently having been
the Sigma Chi Fraternity House.
The requested zoning for this property is the CC - Community Commercial District. There are
numerous uses permitted in this District, subject to either administrative review or review by the
Planning and Zoning Board. The City's adopted Structure Plan, apart of the Comprehensive Plan,
presently suggests that Medium Density Mixed -Use Residential is appropriate in this location.
In evaluating the rezoning request, staff is guided by Article 2, Sections 2.9.4(H)(2) and (3). The
request to rezone the 1.267 acre parcel is considered a quasi-judicial action since the parcel is less
than 640 acres. The requested rezoning and amendment to the Zoning Map shall be recommended
for approval by the Planning and Zoning Board or approved by City Council only if the proposed
amendment is consistent with the City's Comprehensive Plan.
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November 15, 2005
West Central Neighborhoods Plan
The Land Use and Housing Densities Plan, as part of the West Central Neighborhoods Plan,
adopted in March, 1999, identifies this property as Medium Density Mixed -Use. As stated in Policy
Bl of the West Central Neighborhoods Plan, under Medium Density Mixed -Use Residential Areas:
"Areas currently devoted to, or in the future developed/redeveloped into, higher density and
intensity multi family residential uses including apartment complexes, condominiums,
townhomes, fraternityand sorority houses, and other types ofgroup quarters, and mixed -use
dwellings (residential units located with non-residential uses, e.g., units on the upperfoors
of non-residential uses) along with supporting uses such as schools, churches, parks, etc. "
This section goes on to say that these areas should either retain their current MMNZoning applied
during the City Plan community -wide rezoning effort in March, 1997, or be rezonedfrom the current
CC - Community Commercial to the MMN Zone.
As stated in Policy B2 ofthe West Central Neighborhoods Plan, under Medium Density Mixed -Use
Neighborhood District (MMN):
"The Medium Density Mixed -Use Neighborhood District is intended to be a setting for
concentrated housing within easy walking distance of transit and a commercial district.
These neighborhoods form a transition and link between surrounding neighborhoods and
commercial areas. "
This property, being in the MMN District, is north of and in close proximity to the Campus West
commercial area in the CC - Community Commercial District. The intent of the West Central
Neighborhoods Plan for this area is to revitalize and create a stronger CCzone district to the south
of the subject property, in the Campus West area, and discourage the proliferation of commercial
uses along the South Shields Street arterial street frontage. At this time the requested rezoning of
the propertyfrom MMN to CC is not in compliance with the adopted West Central Neighborhoods
Plan.
Structure Plan
The City Structure Plan, an element of the City's comprehensive plan, is a map that sets forth a
basicframework, showing how Fort Collins shouldgrow and evolve over the next 20 years. The map
designates theparcelas "Medium Density Mixed- Use Residential." Therefore, therequestforCC-
Community Commercial zoning is not in compliance with the City Structure Plan.
Findings
In evaluating the request for the Hellenic Plaza Rezoning, Amendment to the Zoning Map from
MMN — Medium Density Mixed -Use Neighborhood to CC - Community Commercial,
Recommendation to City Council, Staff makes the following findings of fact:
65
November 15, 2005
With the City Plan rezoning in March of 1997, in order to implement City Plan and Land
Use Code, the 1.267 acre propertynow being considered for rezoning was placed in the CC
— Community Commercial District. In March, 1999, in accordance with the adoption of the
West Central Neighborhoods Plan, the property was rezoned MMN - Medium Density
Mixed -Use Neighborhood.
2. The requested rezoning of the property from MMN - Medium Density Mixed -Use
Neighborhood to CC - Community Commercial is not in compliance with the adopted West
Central Neighborhoods Plan.
3. The subject propertyfor the Hellenic Plaza Rezoning is designated on City Structure Plan
as "Medium Density Mixed -Use Residential". The request to rezone the property to CC -
Community Commercial, therefore, does not comply with the City Structure Plan.
4. The request to rezone does not satisfy the applicable review criteria of the Section 2.9.4 (H)
of the Land Use Code. "
Steve Olt, City Planner, stated the Planning and Zoning Board had recommended denial of the
Hellenic Plaza rezoning from MMN to CC. He stated on October 4 the Council considered the
recommendation and upheld the Board's recommendation for denial. He stated it was determined
at the Council meeting that the applicant was not present and Council entertained a request from the
applicant to reconsider the item. He stated the Board's recommendation for denial remained
unchanged.
Mayor Hutchinson stated the applicant would have five minutes to speak.
Don Brookshire, Eastpoint Studio, LLC, 3207 Kittery Court, representing the Hellenic Plaza owners,
stated the project would be mixed use and would include a multi -family housing geared toward
student housing because of the location across the street from Moby Gym and other uses such as a
copy or mail shop, a bookstore, a coffee and bagel shop i.e. uses that may assist with CSU needs.
He stated the Land Use Code did not allow the coffee and bagel shop use, which was defined as a
"fast food restaurant." He stated the MMN zone district would allow a "convenience store" and that
definition was close to the description of the proposed use except for a formal seating area. He
stated the applicant was pursuing this because of the prevalence of Internet cafes. He stated this
coffee shop use would be compatible with all of the other uses in the mixed use project. He stated
a coffee shop would be no more intensive than any other allowable uses in the MMN zone. He
stated the applicant was seeking a rezoning to achieve essentially the same prof ect that was allowable
in the MMN zone with the exception of a particular use. He stated the development of the project
would support many of the features outlined in City Plan and the Land Use Code as well as the
Structure Plan. He stated this location on Shields Street with the proposed uses would provide a
buffer to residential uses on properties to the west. He stated this would be a neighborhood center
and gathering place for the residents.
:.
November 15, 2005
Mayor Hutchinson asked staff to explain how Council should consider the Ordinance. CityAttomey
Roy stated there were criteria in the Land Use Code for rezonings. He stated Council had the
discretion to apply the criteria.
Councilmember Kastein stated this was a request for a rezoning to allow for a particular use. He
stated the danger of the rezoning would be that a higher intensity use than the one proposed by the
applicant could qualify. He asked if there was any way for the coffee and bagel shop to be allowed
if there was an appeal process. Greg Byrne, CPES Director, stated the Land Use Code Review Team
was considering an option that would add that use to the MMN zone. He stated an up -zoning would
allow a broad range of uses that could not be controlled. He stated Council must review the option
to add that use during the next round of Land Use Code changes.
Councilmember Weitkunat asked if this project could be reconsidered once that use was added to
the MMN zone. Byrne stated if the Land Use Code change was made that staff would accept a
development review application for the project.
Councilmember Ohlson asked if the Council must take some action. City Attorney Roy stated the
zoning must conform to the Structure Plan and that a rezoning must be warranted by changed
circumstances in the area.
Councilmember Ohlson asked if the Council must therefore vote the Ordinance up or down. City
Attorney Roy replied in the affirmative.
Councilmember Kastein made a motion, seconded by Councilmember Ohlson, to deny the rezoning
request and defeat Ordinance No. 156, 2005 on First Reading.
Councilmember Kastein stated he wanted to avoid the possibility of a higher intensity use and
favored allowing the proposed use in the MMN zone.
Councilmember Ohlson stated the staff work indicated that this proposal was not in compliance with
the West Central Neighborhoods Plan, the City Structure Plan or the Land Use Code and that staff
and the Planning and Zoning Board recommended denial. He stated he would support the motion
to deny.
The vote on the motion to deny was as follows: Yeas: Councilmembers Brown, Hutchinson,
Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED.
November 15, 2005
Items Related to the Completion of the Fall Cycle of the Competitive
Process for Allocating City Financial Resources to Affordable
Housing Projects/Programs and Community Development Activities
Utilizing HOME Investment Partnerships Funds, Community
Development Block Grant ("CDBG") Funds, and Funds
from the City's Affordable Housing Fund Adopted on First Reading
"EXECUTIVE SUMMARY
A. Public Hearing and Resolution2005-123ApprovingtheFiscalYear2005HOMEInvestment
Partnerships Program and the Utilization of Unprogrammed and Reprogrammed Funds
from Previous Fiscal Year HOME and CDBG Grants, and HOME and CDBG Program
Income.
B. Resolution 2005-124 Allocating Funding from the City's Affordable Housing Fund.
C First Reading of Ordinance No. 157, 2005, Appropriating Unanticipated Revenue and
Authorizing the Transfer of Appropriations Between Projects in the HOME Investment
Partnership Program.
D. First Reading of Ordinance No. 158, 2005, Appropriating Unanticipated Revenue and
Authorizing the Transfer ofAppropriations Between Projects in the CommunityDevelopment
Block Grant Program.
The City Council is scheduled to conduct a public hearing and consider the adoption of two
resolutions. Resolution 2005-123 will establishes which programs and projects will receive funding
from the City's HOME Program for the FY 2005 Program year and which programs and projects
will receive funding from other available HOME Program and CDBG Program funds. Resolution
2005-124, establishes which programs and projects will receive funding from the City's Affordable
Housing Fund.
The Resolutions establishing which programs and projects will receive HOME, CDBG, and City
Affordable Housing Fund dollars represent the culmination of the fall cycle of a competitive
applications process. This process was approved in January 2000 by the Council to apply the City's
financial resources to affordable housingprograms/projects and community development activities.
Additional background material about the competitive process is included in Attachment A. The
total amount offunding requests considered by the CDBG Commission was approximately $2.1
million, however, only about $1.9 million of funds are available. The CDBG Commission
recommends full funding for six (6) proposals, partial funding for two (2), and no funding for one
(1) proposal. Unallocated funds will be carried over to the Spring 2006 cycle of the competitive
process.
rep
November 15, 2005
BACKGROUND
The CDBG Commission recommends which programs and projects should receive funding from
several funds including: the City's Home Investments Partnership ("HOME) Program funds for the
FY 2005 Program year; other available HOME Program and CDBG Program funds; and/or the
City's Affordable Housing Fund.
Selection Process
The competitive process established 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 of points that has been weighed according to their 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
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 rewards projects for timelines and documented additional funding. The
Leveraging Resources criteria rewardsproposals which will return funds to the City (via loans) and
for their ability to leverage other resources. The Capacity and History criteria help gauge an
applicant's ability to do the project and rewards applicants that have completed successful projects
in the past. The ranking sheet used to assist the CDBG Commission is included in Attachment 1.
The Commission also considered the funding guidelines contained in the Priority Affordable
Housing Needs and Strategies report adopted by the Council on July 20, 2004. These guidelines
include:
• HOMEfundsshouIdgenera llybeallocatedasfollows:90%forHousingprojects
and 10% for Program Administration. The Department of Housing and Urban
Development ("HUD') HOME Program regulations also require the City to set
aside 15% for CHDO projects and allow an allocation of 5% for CHDO
operations;
• CDBG funds should generally be allocated as follows: 65°%a for Housing
projects; 15% for Public Services; and the balance for Public Facilities and
Program Administration;
• funds allocatedtohousing shouldgenerallybedivided asfollows:70%forrental
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.
November 15, 2005
The CDBG andHOMEPrograms are ongoinggrantadministrationprogramsfundedbyHUD. The
City of Fort Collins has received CDBG Program funds since 1975 and HOME Program funds
since 1994. The City is an Entitlement recipient of CDBG funds and a Participating Jurisdiction
recipient of HOME funds, meaning the City is guaranteed a certain level offending each year. The
level offending is dependent on the total amount of funds allocated to the programs by Congress
and on a formula developed by HUD, which includes data on total population, minorities as a
percentage of population, income levels, housing stock conditions. Additional background
information on the City's HOME and CDBG Programs are presented in Attachments 3 and 4
respectively.
On January 13, 2005, the CDBG Commission held a public hearing to obtain citizen input on
community development and affordable housing needs. The HOME/CDBG Program officeplaced
legal advertisements in local and regional newspapers starting in July to solicit requests forHOME
and CDBG funded programs and projects and for proposals for the use offuding from the City's
Affordable Housing Fund. The application deadline was Thursday, August 18. At the close of the
deadline the City received nine (9) applications requesting a total of approximately $2.1 million.
Copies of all applications were forwarded through the City Manager's office to the City Council on
September 1, 2005, and placed in the Council Office for review. Also on September 1, 2005, copies
of the applications were distributed to the CDBG Commission and the Affordable Housing Board.
On September 15, 2005, the Affordable Housing Board conducted a special meeting to review the
affordable housing proposals and formulate a list of priority projects which was forwarded to the
CDBG Commission (see Attachment 2). On September 22, 2005, the CDBG Commission met to hear
presentations and ask clarification questions from each applicant. The Commission then met on
September 29, 2005, for the purpose ofpreparing a recommendation to the City Council as to which
programs and projects should befunded within funds available from the fall cycle ofthe competitive
process. 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 HOME finds, CDBG funds, or other funding in previous
years. The Commission then worked on their list of recommendations.
AVAILABLE FUNDS
The amount of the City's FY 2005 HOME Grant available for projects is $613, 693. Added to the
HOME Grant will be $200, 000 ofestimated HOME Program Income, $229,258 of Unprogrammed
and Reprogrammed HOME finds from previous grants, $185,329 of Unprogrammed and
Reprogrammed CDBG funds from previous grants, and $735,898 from the City's Affordable
HousingFund to create a potential pool of$1,964,178 offunds available for programs and projects
during the fall cycle of the competitive process. Unprogrammed funds are funds that are available
from a previous grant that have not been allocated to any specific program/project. Reprogrammed
funds are funds that are available from a previous grant that were allocated to a program/project
but have been returned to the City.
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November 15, 2005
CDBG funds are typically allocated in the spring and are not available for use in the fall cycle of
the competitive process. However, the City did not allocate all of its available CDBG funds in the
spring cycle of 2005 carrying over an amount of $185, 329 for allocation in the fall cycle.
The following summarizes the amount and sources of availablefunds:
AMOUNT
SOURCE
$511,411
HOME FY05-06 Grant
$102,282
HOME FY05-06 CHDO
$46,265
HOME FY03 Reprogrammed
$159,663
HOMEFY04 Unprogrammed
$23,330
HOME FY04-05 CHDO
$200,000
HOME Program Income
$22, 611
CDBG FY04 Reprogrammed
$121,436
CDBG FY05 Unprogrammed
$9,582
CDBG FY05 Reprogrammed
$31, 700
CDBG Program Income
$735,898
Affordable HousinFund
$1964178
Total
CDBG COMMISSION'S LIST OF RECOMMENDATIONS
HUD HOME regulations limit the amount of available funds that can be allocated to various
categories. Fundsfor administrativepurposes are limited to 10% ofthe HOME Grant which means
90% of the Grant must be used for housing projects. Within the 90% required for projects, the City
is required to set aside 15% for CHDO projects and allow an allocation of 5% for CHDO
operations (if any applications are received). Similarly, HUD CDBG regulations limit the amount
of available funds that can be allocated to various categories. Funds for Administrative purposes
are limited to 20%ofthe CDBG Grant and estimated Program Income and funds forPublic Services
are limited to 15%. The City allocated all eligible funds for public services during the spring cycle
of the competitive process and designated approximately 13%for administrative purposes.
The Commission not only decided which applicants presented programs and projects which best fit
into the City's HOME and CDBG Programs, but also insured 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.
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November 15, 2005
I. HOUSING PROJECTS
1. ACCESSIBLE SPACE — FORT COLLINS, COLORADO SUPPORTIVE HOUSING
DEVELOPMENT
Amount of Request: $500, 000 ($250, 000 HOME/ $250, 000 Affordable Housing Fund -
Due on sale loan15% simple interest fee)
Recommendation: $500,000 - Grant ($95,570 from HOME FY04 Unprogrammed,
$204, 430 from HOMEFY05-06 Grant, and $200, 000 from the City's
Affordable Housing Fund). Funding must be in the form of a grant
because local funding must be a grant in order for the project to
receiving additional Section 811 funding from HUD.
Accessible Space will develop one newly constructed, barrier free 2 story project with a
centrally located elevator for ease of resident access. The building will provide housing for
22 very low income persons with disabilities and will include 18 one bedroom and 5 two
bedroom units, including one unitfor an on -site caretaker. Theproject will serve adults with
a wide range ofdisabilities levels up to and including those individuals requiring the use of
a wheelchair.
2. CITY OF FORT COLLINS — HOME BUYER ASSISTANCE
Amount of Request: $200, 000 HOMEI $100, 000 Affordable Housing Fund - Due on sale
loan15% simple interest fee
Recommendation: $300, 000 - Due on sale loan15% simple interest fee ($200, 000 from
HOME Program Income and $100, 000 from the Affordable Housing
Fund)
This program is administered by the Advance Planning Department and provides zero -
percent interest loans, to eligible first-time homebuyers. A five percent fee is added to the
loan balance at the time of repayment. The assistance covers down payment and closing
costs to a maximum of $9, 600 for households at 51 % to 80% of Area Median Income
CAMI') and $19,200for buyers at or below 50%ofAMI working through Habitat or Section
8 Homeownership projects. Approximately 32 households will be assisted with this funding.
CDBG funding of $200,000 has already been allocated and must be matched with other
funds.
3. LARIMER COUNTY— HOME IMPROVEMENT PROGRAM
Amount of Request: $60, 000 HOME -GRANT
Recommendation: $60, 000 — Grant from the Affordable Housing Fund
This program has two components. The first component is the on -going repair and
rehabilitation program serving all of Larimer County. The program is designed to assist
72
November 15, 2005
homeowners who are at or below 80% of AMI. The program serves a high percentage of
seniors who are long term homeowners receiving only social security. They generally can
not afford to make the necessary repairs to their homes without grant assistance.
The second component is emergency assistance (Emergency Funds Program). Theprogram
assists very low income families in need of emergency assistance such as water heaters,
furnace replacement or other related repairs; generally these are mobile homes.
4. FORT COLLINS HOUSING CORPORATION — VILLAGE ON COWAN STREET
REHABILITATION
Amount ofRequest: $110, 358 CDBG Due on sale loan/5% simple interest fee
Recommendation: $110,358 - Due on sale loan/5% simple interest fee ($46,265 from
HOME FY03 Reprogrammed and $64,093 from HOME FY04
Unprogrammed)
The Village on Cowan Street is owned by the Fort Collins Housing Corporation ("FCHC')
and consists of 19 total units. There are 16 two bedroom units, one one -bedroom apartment,
and two single-family homes on the site. Many items identified as immediate needs relate
directly to preserving the integrity of the structures. Repair items include concrete repair;
low maintenance exterior siding; energy efficient windows and doors; and HVAC system
repairs.
5. FORT COLLINS HOUSING AUTHORITY — VILLAGE ON PLUM FINAL PHASE
(FORMERL Y KNO WN AS SLEEPY WILLOW)
Amount of Request: $304,296 CDBG Due on sale loan/5% simple interest fee
Recommendation: $304,296 - Due on sale loan/5% simple interest fee ($3,611 from
CDBG FY04 Reprogrammed, $121,436 from CDBG FY05
Unprogrammed, $9,582 from CDBG FY05 Reprogrammed, and
$31,700 from CDBG Program Income)
The FCHC is requesting funds to increase the curb appeal of Village on Plum with interior
and exterior rehabilitation. The funding is for the final phase ofrehabilitation ofthe project.
The project is located at Taft Hill Road and West Plum Street. The project is conveniently
located near shopping, schools and public transportation.
6. FORT COLLINS PWC — WILLOX LANE AFFORDABLE HOUSING
Amount of Request: $600,000 Affordable Housing Funds Due on sale loan/5%simple
interestfee
Recommendation: $200,000 - Due on sale loan/ 5% simple interest fee from the
Affordable Housing Fund
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November 15, 2005
The proposed project involves the acquisition of a portion of a 10.3 acre site to construct a
64 unit affordable housing development, including 24 two -bedroom units and 40 three
bedroom units, with 100% of the households earning 50% or less of "I. The project
includes a 2,500 square foot community building with a full kitchen, exercise room,
meeting/recreation room, laundry room and leasing office and computer learning center.
7. NEIGHBOR TO NEIGHBOR — REHABILITATION OF CRABTREE APARTMENTS
Amount of Request: $74,300 CDBG Due on sale loan/5% simple interest fee
Recommendation: $74,300 - Due on sale loan/5% simple interest fee ($23,330 from
HOME FY04-05 CHDO and $50, 970 from HOME FY05-06 CHDO)
The proposed project involves the rehabilitation of two side -by -side four plexes on Crabtree
Drive. CDBG funds are requested to rehabilitate the kitchens and bathrooms, which will
include addressing mold and water damages issues.
11. PUBLIC FACILITIES
1. NEIGHBOR TO NEIGHBOR — FACILITY IMPROVEMENT
Amount of Request: $271,500 Due on sale loan/5% simple interest fee
Recommendation: $0
Neighbor to Neighbor is requesting funds to consolidate two offices. The main office of
Neighbor to Neighbor located at the United Way building will be moved to the Coachlight
Plaza Apartment. The Coachlight offices will be remodeled and expanded to accommodate
14 total employees. The consolidation will save approximately $25, 000 a year which will be
invested back into client services.
III. PLANNING AND ADMINISTRATION
1. NORTH FORT COLLINS BUSINESS ASSOCIATION— ACTIONPLAN
Amount of Request: $20,000 CDBG Grant
Recommendation: $19, 000 Grant from CDBG FY04 Reprogrammed
North Fort Collins Business Association is requesting funds to perform a marketing study
in the area with two main components: 1) create a detailed Land Use Inventory of all
parcels, ownership, status ofuse, status ofsite improvements, inventory owners' interest in
redevelopment and land assemblage; and 2) develop a Land Use Plan that will identify
prospective development opportunities and the actions that are required to allow for their
active marketing and development.
Presented below is a listing of the CDBG Commission recommendations by funding source.
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November 15, 2005
CDBG FY04Reprogrammed $22,611 available
Recommendation
Applicant —Project
$3, 611
Fort Collins Housing Corp. - Village on Plum
$19, 000
NFC Business Association - Action Plan
$22,611
Recommended Funding Total
$0
Remaining Balance
CDBG FY05 Unproerammed (5121.436 availahle)
Recommendation
Applicant — Project
$121,436
Fort Collins Housing Corp. - Village on Plum
$121,436
Recommended Funding Total
$0
Remaining Balance
CDBG FY05 Reproerammed /59.582 availahlel
Recommendation
Applicant — Project
$9,582
Fort Collins Housing Corp. - Village on Plum
$9,582
Recommended Funding Total
$0
Remaining Balance
CDBG Program Income (931.700 availahle)
Recommendation
Applicant —Project
$31,700
Fort Collins Housing Corp. - Village on Plum
$31,700
Recommended Funding Total
$0
Remaining Balance
HOME FY03 Reprogrammed $46,265 available
Recommendation
Applicant — Project
$46,265
Fort Collins Housing Corp. - Village on
Cowan
$46,265
Recommended Funding Total
$0
Remaining Balance
HOME FY04 Unproerammed (SLS9.663 availahle)
Recommendation
Applicant — Project
$95,570
Supportive Housing Development
$64, 093
Fort Collins Housing Corp. - Village on
Cowan
$159,663
Recommended Funding Total
$0
Remaining Balance
75
November 15, 2005
HnMF. FYI)i-06 C4St t d r 1
Recommendation
Applicant — Project
$204,430
Supportive Housing Development
$204,430
Recommended Funding Total
$306 981
Remaining Balance
HOME FY04-05 C..14nn (.401 Zan avana6in'i
Recommendation
Applicant — Project
$23,330
Neighbor to Neighbor - Crabtree A is Rehab
$23,330
Recommended Funding Total
$0
Remaining Balance
HOME FVO5-06 C UDn otl fie ?a,7 avaua6�n�
Recommendation
Applicant —Project
$50,970
Neighbor to Neighbor - Crabtree A is Rehab
$50,970
Recommended Funding Total
$51312
Remaining Balance
HOME Program income 1P2fin-find) avaua6)n,k
Recommendation
Applicant —Project
$200,000
City of Fort Collins - Home Buyer Assistance
$200,000
Recommended Funding Total
$0
Remaining Balance
Affordable Housina Fund 0e714_uoft ava;)a6�c�
Recommendation
Applicant — Project
$200,000
Supportive Housing Development
$100,000
City of Fort Collins - Home Buyer Assistance
$60,000
Larimer Home Improvement Program
$137,967
Fort Collins Housing Corp. - Village on Plum
$200,000
Willox Lane Affordable Housing
$697,967 1
Recommended Fundinja Total
$37 931 1
Remainin Balance
SUMMARY
Total amount offunding requested = $2,118,954
Total amount offunding available = $1,964,178
Total amount offunding allocated = $1,567,954
The total amount offunding requests considered by the CDBG Commission was approximately $2.1
million, however, only about $1.9 million offunds are available. With the amount oftotal requests
exceeding available funding, obviously not all applications could be funded.
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November 15, 2005
The CDBG Commission has recommended full fundingforsix (6) proposals, partial fundingfor two
(2), and no funding for one (1) proposal. The Commission's reasons for either full funding, partial
funding or no funding, for all projects are presented in Attachment 5.
1. The Commission has recommended allocating all (1009/6) of the available $185,329 of
CDBG funds.
2. The Commission has recommended allocating $684,658 (66°yo) of the $1,042,951
available HOME funds.
3. The Commission has recommended allocating $697, 967 (95%) ofthe $735,898 available
from the Affordable Housing Fund.
Unallocated funds will be carried over to the Spring 2006 cycle of the competitive process.
A summary of the Commission's CDBG funding recommendations by category is as follows:
Recommended Funding
% of Total
Cate ory
$ 19,000
1.2%
Planning
$1,548,954
98.8%
Affordable Housin
$1567 954
100.0%
Total
City Manager Atteberry stated he did not anticipate this to be a lengthy item.
Mayor Hutchinson noted that detailed information was presented to the Council at the October 25
Study Session.
Ken Waido, Chief Planner, stated he and the Chair of the CDBG Commission would be available
to answer any questions.
Councilmember Weitkunat stated a letter was received from the North College Business Association
expressing appreciation for consideration in the fall cycle and the grant of funding for a market study
for North College Avenue. She thanked the CDBG Commission for its work on this.
Councilmember Manvel made a motion, seconded by Councilmember Roy, to adopt Resolution
2005-123, Resolution 2005-124, Ordinance No. 157, 2005 on First Reading and Ordinance No. 158,
2005 on First Reading.
Councilmember Roy thanked the CDBG Commission for the quality of its work.
The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein,
Manvel, Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED.
77
November 15, 2005
Other Business
Councilmember Ohlson stated he would like staff work on in-fill/redevelopment issues relating to
sidewalks and cited an example at Stover and Mulberry Streets where a six-foot sidewalk was
required. He stated there had been comments on the severity of costs and that he would like staff
work on whether there could be flexibility in some situations with regard to extending the time for
payments, costs sharing, etc. He asked if there was Council support for having staff look at this as
part of the refill plan and having staff look in the short term at ways to work with the
Stover/Mulberry situation.
Mayor Hutchinson stated he had gone at to look at the situation at Stover and Mulberry. He stated
there were existing two -foot sidewalks at nearby locations and that there was no sidewalk at the
Stover and Mulberry location. He stated the temporary occupancy permit was extended until April
and that the City offered to take some actions. He stated staff looked at cost mitigation and changing
the schedule and that both of those actions were not feasible and were not legal. He stated action
was being taken to have staff talk with County staff on creative solutions.
Councilmember Roy stated he would be interested in having staff work on a long term payback
option if that would be feasible. He asked about the costs to the citizen at Stover and Mulberry.
Councilmember Ohlson stated the cost was $11,000 to $15,000.
Mayor Hutchinson stated staff looked at the option of long term payback and that this could not be
done under the Code. He stated he would like to approach this methodically to help all small
businesses and not just solve one problem.
Councilmember Weitkunat suggested discussing this issue at another time.
Councilmember Ohlson stated he would like to have staff look at this issue as part of the refill
project. He expressed concern that a two -foot existing sidewalk was determined to be sufficient.
Mayor Hutchinson stated he hoped that this effort would lead to "economic gardening
improvements" to help create a good climate for small businesses.
Councilmember Ohlson asked if there was Council support to ask staff to work on gathering
information regarding a pit bull ban in Fort Collins.
Councilmember Kastein suggested that staff prepare a two -page memo on the pit bull ban issue. He
noted that there were many other priority issues the staff and Council needed to work on.
Councilmembers Roy and Manvel stated they would support Councilmember Ohlson's request for
information.
Mayor Hutchinson asked that the two -page memo on pit bulls include information from Animal
Control.
U1
November 15, 2005
Councilmember Kastein noted that many questions would arise if the Council considered a pit bull
ban and that the issue would generate a lot of hard work. City Attorney Roy stated there were two
perspectives — the legal perspective and the Humane Society's perspective on breed specific bans.
He stated staff would develop a two -page memo giving both perspectives.
Adiournment
Councilmember Weitkunat noted that there would be no study session on November 22.
Councilmember Weitkunat made a motion, seconded by Councilmember Manvel, to cancel the
December 6, 2005 regular meeting and adjourn this meeting to a special meeting to be held on
November 29, 2005 at 6:00 p.m. in the City Council Chambers. Yeas: Councilmembers Brown,
Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED.
The meeting adjourned at 11:55 p.m.
Mayo
ATTEST:
79