HomeMy WebLinkAboutMINUTES-09/20/1994-Regulari
September 20, 1994
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:30 p.m.
A regular meeting of the Council of the City of Fort Collins was held on
Tuesday, September 20, 1994, at 6:30 p.m. in the Council Chambers of the City
of Fort Collins City Hall. Roll Call was answered by the following
Councilmembers: Apt, Azari, Horak, Janett, Kneeland, McCluskey and Smith.
Councilmembers Absent: None.
Staff Members Present: Rainguet, Krajicek, Roy.
Agenda Review
Acting City Manager Rainguet announced that in order to better accommodate
the public attending this meeting, Item No. 26, Items Relating to the
Overland Trail Annexation and Zoning and Item No. 27, Items Relating to Dial -
A -Ride are being reversed. The Dial -A -Ride discussion will follow the Public
Nearing on the 1995 Recommended Budget.
***CONSENT CALENDAR***
This Calendar is intended to allow the City Council to spend its time and
energy on the important items on a lengthy agenda. Staff recommends approval
of the Consent Calendar. Anyone may request an item on this calendar to be
"pulled" off the Consent Calendar and considered separately. Agenda items
pulled from the Consent Calendar by the Public will be considered separately
under Agenda Item #22, Public Pulled Consent Items.
7. Consideration adoption of the minutes of the regular meeting of July 19.
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10.
Drive.
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12.
13.
14
15.
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19.
20.
21.
September 20, 1994
Items Relating to the Functions of the Golf Board.
A. Second Reading of Ordinance No. 133, 1994 Amending Section 2-238 of the
Code Relating to the Golf Board Functions.
B. Resolution 94-152 Approving Additions to the Operations, Policies and
Procedures Manual of the Golf Division of Cultural, Library, and
Recreational Services.
Items Relating to Miramont/Oak Farm Neighborhood Park Purchase.
A. Resolution 94-153 Approving the Purchase of a Neighborhood Park at
Miramont/Oak Farm.
B. First Reading of Ordinance No. 142, 1994 Authorizing the Transfer of
Appropriations From Greenbriar Park Capital Project to the Parkland
Acquisition Capital Project in the Parkland Fund.
Resolution 94-155 Naming a Natural Area in Honor of Dorothy and Rob Udall.
Resolution 94-156 Naming the New Senior Citizen Center.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
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September 20, 1994
9.
10.
11.
12.
13.
14. Second Reading of Ordinance No 133 1994 Amending Section 2-
Code Relating to the Golf Board Functions
27. Items Relating to the Overland Trail Annexation and Zoning
fig
30.
A. Second Reading of Ordinance No. 134, 1994, Annexing Property Known as
the Overland Trail Annexation to the City of Fort Collins, Colorado.
B. Second Reading of Ordinance No. 135, 1994, Amending the Zoning District
Map Contained in Chapter 29 of the Code of the City Fort Collins and
Classifying for Zoning Purposes the Property Included in the Overland
Trail Annexation to the City of Fort Collins, Colorado.
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September 20, 1994
Items on First Reading were read by title by City Clerk Wanda Krajicek. I
15.
17.
27.
29.
Councilmember McCluskey made a motion, seconded by Councilmember Smith, to adopt
and approve all items on the Consent Calendar. The vote on Councilmember
Kneeland's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak,
Janett, Kneeland, McCluskey and Smith. Nays: None.
THE MOTION CARRIED.
Councilmember Reports '
Councilmember Kneeland reported that the Legislative Review Committee is tracking
ballot issues that may impact the City that are on the November ballot. She
stated the Committee is following federal legislation dealing with the
Telecommunications Act. This legislation may impact the City's ability to
negotiate franchise agreements with cable and telecommunications providers.
Councilmember Apt reported the Commission on Disability is conducting an outreach
to have better enforcement of handicapped parking. Businesses are being
recruited to help patrol those spaces. Violators will receive a summons and a
fine. The Commission is asking Council to amend the Code to require that snow
not be piled in those spaces and that the fine be increased to $50.
Councilmember Janett reported the Loveland/Fort Collins Corridor Task Force will
be presenting its draft plan to both Councils in November. She spoke of the
"Crosscurrents" cable television program sponsored by the League of Women Voters
that will focus on Amendment 12 issues.
Mayor Azari called attention to the item on the Consent Agenda that approved the
name of the new senior center as the "Foothills Oasis, the Fort Collins Senior
Center". Additionally, in another Consent action, Dorothy and Bob Udall, local
leaders in the environmental movement, were honored by naming a new natural area
in their honor.
155
c September 20, 1994
IPublic Hearing on the Recommended 1995 Budget
The following persons commented on the Recommended 1995 Budget:
Joan Handley, Berthoud, representing Recreation PossAbilities for People with
DisAbilities coalition supported adding a Therapeutic Recreation Specialist to
the 1995 Budget.
Bill Lacock, 4106 Torrington Ct., President, Fort Collins Youth Baseball, stated
his group was part of an organization called the Athletic Development Committee.
The Committee is developing a strategy for constructing athletic fields and youth
sports facilities. He stated the southwest community park youth sports complex
is the Committee's first priority. He asked for a City contribution to the
preliminary design funds for this facility.
Tim O'Neill, Executive Director, Foothills Gateway, Inc., asked that disabled
persons be given access to all the recreation events and activities that are
afforded the rest of the community. He supported including a Therapeutic
Recreation Specialist in the 1995 Budget.
Jeff Bridges, 725 Mathews, resident of the Centennial/Eastside Neighborhood,
supported pedestrian system improvements included in the Budget and pointed out
his neighborhood and the rest of the community are in need of a workable
pedestrian system. He supported the Neighborhood Advocate Program included in
the Budget.
Rick Borden, representing the Fort Collins Soccer Club and a member of the
Athletic Development Committee, asked Council to fund the conceptual design study
for the southwest youth sports complex.
Deb Ham, 313 Leeward Ct., member of Recreation PossAbilities for People with
DisAbilities, spoke of the need for a Certified Therapeutic Recreation Specialist
on the Park and Recreation staff.
Christine Ferguson, 719 Wagonwheel Dr. supported the community horticulture
position and program as a way to develop a sense of participation in the
community.
Debbie Brown, vice-president of the Fort Collins Soccer Club, spoke in favor of
the City allocating funds for the conceptual design of the southwest community
park.
Pat Lukens, member of Recreation PossAbilities for People with DisAbilities,
supported recreation opportunities for the disabled community.
Diane Waltman, 412 Chukar Ct., supported the community horticulture center
concept.
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September 20, 1994
Henry Solano, President of the Fort Collins Buckaroos Girls Fastpitch Softball,
spoke of the dollars returned to the community through spending by participants
in tournaments. He supported City participation in the design of the new
southwest park.
Molly Handley, spoke of the lack of recreational opportunities for her disabled
sister.
John Scott, 100 Vandy Lane, supported including the Therapeutic Recreation
Specialist position in the 1995 Budget.
Ed Stoner, 2236 Apache Ct., representing the Chamber of Commerce Local
Legislative Affairs Committee, outlined concerns in the 1995 Budget. He noted
the Chamber is in favor of the GIS funding but believes Fort Collins should be
more on the cutting edge of this technology. The Committee believes additional
funding should be devoted to Creating Tomorrow Today and questioned whether fund
balances and reserves should be earning interest or should be used to improve
intersections and trails. He asked why the FTE increases in CPES are classified
as administrators.
Andrea Schmardian, civil rights advocate and lawyer with the Association for
Community Living, expressed concerns about the lack of recreation programs for
the disabled in Fort Collins. She spoke of safety concerns for participants in
recreation programs and suggested a full-time Therapeutic Recreation Specialist
be incorporated into the Park and Recreation staff.
Loring Knutson, 4625 Regency Dr., representing the Chamber of Commerce Local
,
Legislative Affairs Committee, expressed concern about funding for the Transit
Development Plan and the elimination of facilities and services to fund the Plan.
He spoke of the $322,000 increase to the overall senior center budget, noting the
increase was over 100%. He noted claim settlements had increased from $900,000
in 1993 to $2M in 1994 and questioned the significant increase. He expressed
concern that no new police officers are budgeted for 1995.
Kathleen Yocum, 437 Gilmont St., supported the Therapeutic Recreation Specialist
position.
John Cross, 110 No. Mack, supported the development of a horticulturist position.
Ray Sanderson, Disabled Resource Services, supported adding a Therapeutic
Recreation Specialist to the 1995 Budget.
Sam Samanski, Larimer County Human Development, asked Council to increase funding
to the Human Resource Grant Program.
Quinnell Gutwein, 223 Scott Ave., supported the community horticulture program
and spoke of the Dunn Elementary School composting system and pumpkin garden.
She stated Dunn is in the process of applying for two grants for a community
garden project to be set up on the school grounds. Participants would like to
have access to a community horticulture center for guidance.
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September 20, 1994
Leighton Thorne, 2525 Tulane Dr., urged Council to pursue the youth agenda ideas
expressed at the budget hearing.
Pat McGinley, Association for Community Living, supported recreation
opportunities for people with disabilities. She introduced Aspen Serrero, member
of People First who supported a Therapeutic Recreation Specialist.
Bob Tueting, 916 Cheyenne Dr., spoke of costs involved in providing the programs
requested by the public. He stated users should be willing to pay additional
taxes to support those programs.
Mayor Azari thanked those present for participating in the budget hearing process
and declared the Public Hearing to be ended. She then outlined the remainder of
the budget schedule.
Items Relating to Dial -A -Ride.
The following is staff's memorandum on this item:
"Financial Impact
Passage of these items will have positive and negative impacts on the 1994 and
1995 budgets. In 1994, Transfort will use $78,000, previously appropriated for
Route 10 implementation. In addition, and estimated $13,000 will be appropriated
from unanticipated revenue resulting from the proposed fare increase for
paratransit service. There is a projected $4,000 loss in elderly/disabled pass
and fare revenue if Transfort bus service is provided free. In 1995, the
projected revenue loss due to free elderly/disabled Transfort service would be
$15,000. Additional revenue will be needed both in 1994 and 1995. An additional
amount of up to $65,000 will be required to balance the 1994 budget and will be
handled in the clean up ordinance in November.
Executive Summary
A. Resolution 94-158 Authorizing the City Manager to Establish a Dial -A -Ride
Fare, Effective October 1, 1994 at Twice the Full Fixed -Route Fare.
B. Resolution 94-159 Authorizing the Use of $78,000 Available in the Transit
Services Fund for Dial -A -Ride Program Costs in 1994.
C. Resolution 94-160 Authorizing the City Manager to Eliminate Transfort
Senior Fares for Persons Sixty Years and Older and Disabled Fares for
Persons with Disabilities, Effective October 1, 1994.
D. First Reading of Ordinance No. 144, 1994, Appropriating Unanticipated
Revenue in the Transit Services Fund for the Dial -A -Ride Program.
These actions will implement Council's policy for paratransit service to serve
only the ADA eligible when resources are limited; cover the 1994 operating costs
' for Dial -A -Ride; operate the 1995 paratransit program within available
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September 20, 1994
resources; establish a fare policy for paratransit service at an amount twice
the fixed -route fare; and promote other transportation modes for the disabled
and elderly.
In 1995 a projected shortfall of up to $177,000 could occur. Staff will rebid
the paratransit service this fall with the expectation of eliminating or
significantly reducing the projected shortfall.
BACKGROUND:
In March 1994 Transfort began the Dial -A -Ride program serving specific
transportation needs for persons with disabilities and those 60 years and older.
The Dial -A -Ride program has been very successful and has far exceeded staff's
trip projections (the projection was 42,000 trips; actual trips are expected to
exceed 60,000) causing a $190,000 shortfall in 1994 funding. Why the major
increase in ridership? Hasn't paratransit service been free for over 20 years?
Staff believes the ridership increase is the result of improved service. When
the Americans with Disabilities Act was enacted, it required communities with a
fixed route bus system to guarantee paratransit service. In addition, the ADA
regulations contain service guidelines which must be met, i.e. next day service,
no prioritization, requirements for pickup and delivery of customers, etc. This
is a significant change from past service which provided limited service
guarantees to demand response customers because of funding limitations. The ADA
requirements apply only to individuals who meet the ADA eligibility requirements.
They do not apply to the non -disabled elderly. However in 1993, staff
recommended the same service guidelines apply to the elderly, and Council agreed. '
There is a Council paratransit policy which defines this service level. If
service has to be limited, paratransit trips will be provided to individuals in
accordance with the following priority:
1. ADA Eligible persons requesting non -subscription service;
2. ADA Eligible persons requesting subscription service;
3. Non -disabled individuals age 60 and over.
(Subscription trips are regular scheduled trips, like commuting to
work.)
Since projections indicate a $190,000 budget shortfall, staff is recommending
limiting paratransit service to the ADA eligible.
RECOMMENDATIONS:
In addition to the staff recommendation, the recommendations from the
Transportation Board, Senior Advisory Board, and the Commission on Disability are
provided (Attachment #4). The matrix (Attachment #6) indicates the Commission
on Disability and staff recommendations are closely aligned; and the
Transportation Board and the Senior Advisory Board recommendations are very
similar."
159 1
September 20, 1994
Transfort Manager John Daggett stated the actions listed in the Agenda Item
Summary represent the actions needed to implement staff's recommendations for
resolving the Dial -A -Ride program's current budgetary problems. He gave a
history of the program and stated staff is projecting a $190,000 budgetary
shortfall by the end of 1994 if no action is taken. He outlined the public
process undertaken for examining the problems facing the Dial -A -Ride program.
He spoke of the August 22 worksession and stated the two primary questions staff
is asking Council to answer are:
- Who does the Dial -A -Ride Program serve, the ADA eligible, the non-ADA
eligible elderly, or both? How does the City want to obligate itself in
reference to paratransit service now and in the future?
- Does the City want to charge a fare for Dial -A -Ride and in what amount?
Staff recommends serving the ADA eligible only, charging a fare of twice the
regular Transfort fixed route fare ($1.50 one-way), making travel on Transfort
for seniors and the disabled free, appropriating an additional $13,000 in fare
revenues for 1994 and freeing $78,000 in the Transit Services -Fund for use in the
Dial -A -Ride Program. Daggett pointed out that even after taking these actions,
the Dial -A -Ride Program will still require an additional $65,000 in order to
balance its 1994 budget.
Councilmember Horak made a motion, seconded by Councilmember Smith to adopt
' Resolution 94-158.
Councilmember Apt asked if staff could suggest language to amend the resolution
to provide relief for individuals who are in financial straits or at the poverty
level.
City Attorney Roy stated he would draft some language and determine the best
place for such an amendment.
Angela Byrne, 1742 Norwood Lane, spoke of her problems using Dial -A -Ride and
suggested there be no fee increase until the program works on a long-term basis.
Cynthia Bergen, 220 E. Laurel, suggested the City consider raising the age limit
for eligibility and establishing a universal pass, good on Transfort, Dial -A -Ride
or Care -A -Van.
Helen Dees, 2825 S. Taft Hill Rd., spoke of Dial -A -Ride service problems and
stated she could not afford trips for therapy if the fares are increased to $1
50 per trip.
Carolyn Struble, 701 Parker, spoke of the hardship Dial -A -Ride fares would cause.
Kay Rios, 160 Circle Dr., Chairperson of the Senior Advisory Board, asked that
Council delay making a decision on the Dial -A -Ride rates until a joint
negotiation effort among the entities previously involved in funding Care -A -Van
' and SAINT is undertaken. The Board believes that if a fee must be charged, a
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September 20, 1994
sliding fee scale should be established and in place before the fee is imposed.
The Board would also like to see an educational component put together including
an awareness campaign and an active effort to train people to interpret the bus
schedules and show people how to access Transfort.
George Grimes, 525 E. Drake Rd., stated disabled persons do not have the money
to pay a Dial -A -Ride fare. He asked that a bus shelter be built across from the
Whispering Pines apartments.
Tony Lueck spoke of her dependence on Dial -A -Ride and Care -A -Van for trips to the
doctor and physical therapy. She asked that fares not be charged and suggested
contributions be sought.
Ray Sanderson; Disabled Resource Services, spoke of the Summer Youth Employment
Program that employs youth with a job coach. These youth have transportation
problems because they are disabled and work part-time. He suggested a reasonable
fee with a contingency fund for seniors and those who cannot afford the fee.
Al Baccili, 520 Galaxy Ct., asked for more money for seniors and the disabled.
Jerry Boortz, 1805 Linden Lake Rd., Care -A -Van Boardmember, urged Council to
continue to provide services to seniors. He spoke of Care-A-Van's position paper
that outlined its thoughts on the issue.
In response to Councilmember Apt's request, City Attorney Roy read proposed
language based upon the premise that the fares for ADA eligible customers would '
be reduced by 50% and not on a sliding scale and not entirely eliminated. The
language is general in terms of what kind of income eligibility guidelines would
be established by the City Manager. He suggested the addition of a final Whereas
clause as follows:
"Whereas, the City Council believes that reduced fares should be made
available to those ADA eligible customers of low income".
In the operative part of the resolution, he recommended two sections as follows:
"Section 1. That the City Manager is hereby authorized to establish a fare
for users of the City's Dial -A -Ride services effective October 1, 1994,
equal to twice the amount of the full fare charged to persons using
comparable Transfort services; and
Section 2. That the City Manager is hereby directed to develop income
eligibility guidelines for ADA eligible customers of Dial -A -Ride and to
reduce by 50% the Dial -A -Ride fare for those individuals qualifying for a
low income discount of such fares."
Councilmember Janett stated that amending the resolution with language drafted
at the last minute is not appropriate. She stated Council should be determining
the goals to be met before the system is put together and should be pursuing the
following goals: '
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September 20, 1994
to provide transportation for seniors and persons with disabilities
to encourage those who are able to use Transfort to use Transfort
- to charge fares to persons who can afford them and to provide relief to
low income who cannot afford the fares
- to phase the fares over a several year period
Councilmember Janett stated the item should be sent back for more staff. work.
Staff should come back with an offset relief program for the low income that
perhaps could be subsidized by a variety of entities including the City.
Mayor Azari stated Councilmembers appear to be unwilling to take action on any
of the items presented and believe the issue needs more staff work.
Councilmember Horak withdrew his motion to adopt Resolution 94-158.
Councilmember Smith agreed.
Councilmember Apt agreed that Council's goals are unclear. He stated ADA is key
but added staff needs direction on whether to continue to serve all seniors
regardless of income.
Mayor Azari suggested establishing a working group made up of representatives of
the Transportation Board, the Senior Advisory Board and the Commission on
Disability, staff and a couple of Councilmembers to work through the issue and
come back with recommendations that deal with the citizens that are economically
disadvantaged, the disabled customers, the efficiency issues heard, and
specifically study the Senior Advisory Board recommendation.
Councilmember Horak stated he believed Council could take action on one of the
items presented by staff. He stated Item "B" is a resolution that authorizes the
Use of $78,000 for Dial -A -Ride.
Councilmember Horak made a motion, seconded by Councilmember Apt, to adopt
Resolution 94-159. The vote was as follows: Yeas. Councilmembers Apt, Azari,
Horak, Janett, Kneeland, McCluskey and Smith. Nays: None.
THE MOTION CARRIED.
Councilmember Horak reiterated that the working group will come back with a
consensus recommendation supported by all the parties involved.
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September 20, 1994
Items Relating to the Overland Trail
Annexation and Zoning, Adopted.
The following is staff's memorandum on this item:
"Executive Summary
A. Second Reading of Ordinance No. 134, 1994, Annexing Property Known as the
Overland Trail Annexation to the City of Fort Collins, Colorado.
B. Second Reading of Ordinance No. 135, 1994, Amending the Zoning District Map
Contained in Chapter 29 of the Code of the City Fort Collins and
Classifying for Zoning Purposes the Property Included in the Overland Trail
Annexation to the City of Fort Collins, Colorado.
On September 6, Council unanimously adopted Resolution 94-148 Setting Forth
Findings of Fact and Determinations Regarding the Overland Trail Annexation.
On September 6, Council also unanimously adopted Ordinance No. 134, 1994 and
Ordinance No. 135, 1994 which annex and zone approximately 282 acres located west
of Overland Trail and north of Prospect Road (extended). The applicant initially
requested a combination of the R-F, Foothills Residential, District and the R-L-
P, Low Density Planned Residential, District for the property. The applicant
now, however, feels comfortable with the R-F Zone for the entire property. The
applicant is requesting that a pre -annexation agreement be executed with the City
which contains the following: '
1. Provides for the dedication of approximately 112 acres (the western
portion of the property) to the City for open space purposes.
2. Provides for the submittal of a Cluster Development Plan containing a
gross density of 1 unit per acre to the Planning and Zoning Board and
allows for the right to disconnect if the plan is not approved by
January 23, 1995.
3. Provides that the initial R-F zoning, and the Cluster Development Plan
if and when approved, is vested for a period of 10 years.
The annexation ordinance, Ordinance No. 134, 1994, contains a new section which
authorizes the City Manager to enter into a pre -annexation agreement allowing the
applicant to disconnect the property. The property is presently undeveloped.
The property is currently zoned E-1, Estate, which allows single-family
residential development with a minimum lot size of I acre, and FA-1, Farming,
which allows single-family residential development with a minimum lot size of
2.29 acres. This is a voluntary annexation of property located within the Fort
Collins Urban Growth Area.
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September 20, 1994
' APPLICANT: John M. Spillane, Esq.
Deutsch, Spillane & Reutzel, P.C.
7730 East Belleview Avenue
Suite 206
Englewood, CO 80111
OWNERS: Wallace R. Noel
900 Breakwater Drive
Ft. Collins, CO 80525
Ft. Collins -Loveland Water District
4700 S. College Ave.
Ft. Collins, CO 80525"
Senior Planner Ken Waido outlined the provisions of the pre -annexation agreement.
He showed slides depicting the 5200 ft. elevation line and the areas above and
below the line. He presented a map showing distances from the proposed
annexation to service and facility areas.
Councilmember Horak made a motion, seconded by Councilmember McCluskey to adopt
Ordinance No. 134, 1994 on Second Reading.
Bob Davidson, 1203 Cascade Ct., expressed concern about PCB contamination of the
old substation site and asked for testing on the site when soil tests are done.
He spoke of CSU's radioactive experimentation with dogs and the waste buried in
the canyon above College Lake and asked for testing of those sites.
John Spillane, attorney representing the developer, asked that the developer be
allowed to proceed through the development process and be considered by the
Planning and Zoning Board.
Councilmember Horak suggested staff contact CSU and begin to investigate Mr.
Davidson's concerns about hazardous materials and buried waste.
Councilmember Smith stated he supported this annexation because if it -develops
in the County, the possibility for development above the 5200 ft. line is high.
Annexing will do a better job of protecting the visual integrity of the area
above 5200 ft.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Apt, Azari, Horak, Janett, Kneeland, McCluskey and Smith. Nays: None.
THE MOTION CARRIED.
Councilmember Horak made a motion, seconded by Councilmember Kneeland, to adopt
Ordinance No. 135, 1994, on Second Reading.
Bob Davidson, 1203 Cascade Ct., expressed concern about the 10-yr. vesting right.
He asked if the improvements required from the developer will be phased over 10
' years.
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September 20, 1994
Jeff Bridges, 725 Mathews,
annexation that should be
stated this annexation is an example of the type of
aggressively in take
'
pursued
order to control of the
taxation and development of the properties in a
functional manner.
The vote on Councilmember
Horak's motion was as
follows: Yeas: Councilmember
Apt, Azari, Horak, Janett,
Kneeland, McCluskey
and Smith. Nays: None.
THE MOTION CARRIED.
Second Reading of Ordinance No. 139, 1994,
Amending Ordinance No. 114, 1994,
for the Purpose of Modifying the "Density Chart°
Adopted Pursuant to Ordinance No. 114, 1994, and
for the Purpose of Describing the Meaning of
the Term "Existing Neighborhood or Community Park or
Community Facility" Used in the "Density Chart" Option A Adopted as amended
The following is staff's memorandum on this item:
"Executive Summary
On August 2, 1994, the City Council approved revised criteria in the Land
Development Guidance System. During the discussion, the City Council asked the
Growth Management Committee and City staff to look at a few additional changes
to the Density Chart and to return in 30 days with a recommendation.
On September 6, 1994, the City Council unanimously approved on First Reading
Ordinance No. 139, which the following
'
made changes:
• Reinstated credit for close proximity to "community facilities", but
distinguished credit for existing (20 points) versus undeveloped (10
points); and
• Provided the same credit (20 points) on the Density Chart for close
proximity to a public park or community facility which is programmed and
funded for development as would be given to a public park or community
facility which is fully developed.
Subsequent to the September 6 meeting, discussion has continued in regard to the
issue of whether or not to give credit on the Density Chart for proximity to the
City's open space and natural areas. The Ordinance adopted on September 6 did not
include credit for open space as a community facility. However, two options have
been prepared for second reading as follows:
Option A - same as First Reading (does not give credit for open space or
natural areas as a community facility)
Option 8 - same as First Reading, except natural areas and open spaces
designated by the Council as community facilities would also be included in
the definition of "community facility"
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September 20, 1994
' BACKGROUND:
On August 2, 1994, the City Council approved revised criteria in the Land
Development Guidance System. During the discussion, the City Council asked the
Growth Management Committee and City staff to look at a few additional changes
to the Density Chart and to return in 30 days with a recommendation.
On September 6, 1994, the City Council unanimously approved on First Reading
Ordinance No. 139, which made the following changes:
Reinstated credit for close proximity to "community facilities", but
distinguished credit for existing (20 points) versus undeveloped (10
points); and
Provided the same credit (20 points) on the Density Chart for close
proximity to a public park or community facility which is programmed and
Funded for development as would be given to a public park or community
Facility which is fully developed.
Subsequent to the September 6 meeting, discussion has continued in regard to the
issue of whether.or not to give credit on the Density Chart for proximity to the
City's open space and natural areas. The Ordinance adopted on September 6 did not
include giving credit for open space or natural areas as a community facility.
However, two options have been prepared for 2nd reading as follows:
' Option A - same as First Reading (does not give credit for open space or
natural areas as a community facility)
Option B - same as First Reading, except natural areas and open spaces
designated by the Council as community facilities would also be included in
the definition of "community facility"
Neither the Growth Management Committee nor staff supported giving credit for
proximity to the City's open space and natural areas. Allowing credit for
proximity to the City's open space areas would not achieve the same objectives
as being in close to other community facilities and activities listed in the
Density Chart, and in fact might be counterproductive to the City's objective of
phased urban development. There are several reasons for this:
• Most of the City's open space and natural areas are on the periphery of
the Urban Growth Area. Encouraging growth in these areas may be counter to
the City objective of encouraging growth on Will or close -in properties
where existing services and facilities are available.
The goals of the City's open space and natural areas acquisition program
are significantly different from the purchase of public park sites. The
City's recent purchases of open space have been to protect the few
remaining important natural areas and wildlife habitats in and adjacent to
the Urban. Growth Area from development. These areas are not programmed
for, nor should they attract, heavy human use. On the other hand, the
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September 20, 1994
purchase of public parks is in direct response to the recreational needs I
and impacts of surrounding residential neighborhoods.
The locational criteria contained in the Density Chart are based upon
locational policies contained in the City's Land Use Policies Plan (LUPP).
The LUPP does not mention "open space areas" as a criterion for the
location of residential uses, although proximity to shopping, employment
centers, schools, parks, adequate streets and utilities, community
facilities, public transportation, and alternative modes of transportation
are mentioned.
STAFF RECOMMENDATION
Staff recommends adoption of Option A on Second Reading."
Assistant Planning Director Joe Frank reviewed the options presented for Council
consideration. He stated the Ordinance adopted on First Reading on September 6
did not give credit for open space and natural areas as a community facility.
Option B on Second Reading gives credit for natural areas and open spaces
designated as community facilities by Council.
Councilmember McCluskey made a motion to adopt Option A of Ordinance No. 139,
1994, on Second Reading.
THE MOTION DIED FOR LACK OF A SECOND.
Councilmember Apt made a motion, seconded by Councilmember Janett, to adopt '
Option A of Ordinance No. 139, 1994, on Second Reading with an amendment to
Criterion "d" to give 20% credit to existing neighborhood or community parks
within 3500 ft., except golf courses; to give 10% credit to publicly owned, but
not developed, neighborhood or community parks within 3500 ft., except golf
courses; and to give 10% credit for golf courses within 3500 ft., whether
developed or not.
Councilmember Kneeland stated she would not support this motion since she
believed natural areas and open spaces are part of the urban environment and
should be considered as community facilities.
Councilmember Apt stated he was originally opposed to giving any credit for golf
courses so this is a reasonable compromise and acknowledges that golf courses are
community facilities. The intent of the phasing criteria was to encourage
development near facilities that have a wide variety of multiple uses. The
acquisition of natural areas inherently requires the City to "leap frog out" to
get land that is less expensive. Giving credit for natural areas runs counter
to the notion of phasing. Natural areas or open spaces that are close in, will
get credit for other community facilities.
Mayor Azari stated she would not support the motion since she believed natural
areas are a part of the urban environment. Developers should be given credit for
September 20, 1994
developing near any area within the corporate city limits that is developed as
a natural area or open space.
The vote on Councilmember Apt's motion was as follows: Yeas: Councilmembers
Apt, Horak, Janett, McCluskey and Smith. Nays: Councilmembers Azari and
Kneeland.
THE MOTION CARRIED.
Ordinance No. 145, 1994, Amending Chapter 5
of the City Code to Add an Article Permitting the Rebate of
Impact Fees for the Purposes of Promoting
Affordable Housing. Adopted on First Reading.
The following is staff's memorandum on this item:
"Financial Impact
Of the $483,000 currently reserved for affordable housing related activities,
$22,500 has been expended for the Larimer County Home Improvement Program, a
county -wide housing rehabilitation program, leaving a balance of $460,500.
Staff estimates the ongoing cost to the General Fund of administering the
Development Impact Fee Rebate Program to range from $22,905 to $28,174 per year.
As stated by Councilmembers at the August 16, 1994, meeting, administrative costs
■ should not come from the Affordable Housing Fund. The rebate of impact fees will
be limited to Affordable Housing Trust funds available.
Executive Summar
On August 16, 1994, the Council approved Resolution 94-134 Option 8, on a.5-0
vote, which directed staff to prepare a method of distributing monies from the
Affordable Housing Trust Fund for an Impact Fee Reimbursement Program. The
proposed ordinance authorizes the City Manager to develop administrative
regulations for the rebate program. At the October 4, 1994, meeting, at the time
of second reading of the ordinance, the Council will be asked to consider a
resolution adopting the administrative regulations for the rebate program. A
draft copy of the regulations is attached. The regulations propose a sliding
scale for impact fee rebates based upon the gross rent charged within rental
projects or the income levels of purchasers for homeownership projects.
BACKGROUND:
On June 28, 1994, Council held a worksession with the Affordable Housing Board
at which time Revolving Loan and Rebate/Reimbursement methods of distributing
money from the Affordable Housing Fund were discussed. On August 16, the Council
approved Resolution 94-134 Option 8, on a 5-0 vote, which directed staff to
prepare an Impact Fee Reimbursement Program. Of the $483,000 currently reserved
for affordable housing related activities, $22,500 has been expended for the
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September 20, 1994
Larimer County Home Improvement Program, a county -wide housing rehabilitation '
program, leaving a balance of $460,500. The City has also agreed to become a
Participating Jurisdiction in the HUD funded Home Investment Partnerships Program
(HOME) which requires applicants to provide a local match for their projects.
The amount of match is based on the type of projects proposed, but would likely
range from $87,500 to $127,500. The City can and should require applicants for
HOME funds to provide the required match for their projects. However, the
applicants most likely to apply for HOME funds do not have large capital reserve
resources so they may make requests to the City to provide matching funds.
Staff drafted a Development Impact Fee Reimbursement Program and presented it to
the Affordable Housing Board at their regular meeting in September. At the
meeting, the Board voted 5-1 to recommend that the City establish the Development
Impact Fee Rebate Program.
The Planning Department is currently aware of 150 "affordable" housing units
which could potentially be eligible and might apply for rebates in 1994. Staff
estimates that under the schedules proposed, a range from $139,620 to $211,620
of rebates could be awarded this year making an average rebate ranging from $931
to $1,411 per unit.
Staff estimates the cost of administering the Development Impact Fee Rebate
Program to range from $22,905 to $28,174 per year. As stated by Councilmembers
at the August 16, 1994, meeting, administrative funds should not come from the ,
Affordable Housing Fund.
AFFORDABLE HOUSING BOARD RECOMMENDATION
On September 8, 1994, the Affordable Housing Board reviewed the proposed
Development Impact Fee Rebate Program and voted 5-1 to recommend its adoption by
the City Council. The dissenting vote was by Board member Bob Browning who
argued the rebates would not provide an incentive for the construction of new
units, but would reward developers for units which would most likely have been
constructed anyway."
Senior Planner Ken Waido stated this ordinance will direct the City Manager to
develop the administrative regulations for the rebate program. Council will be
asked on October 4, at the time of Second Reading of the ordinance, to consider
a resolution adopting.the administrative regulations.
Councilmember Kneeland made a motion, seconded by Councilmember Apt, to adopt
Ordinance No. 45, 1994, on First Reading.
Councilmember Janett asked if there is a limit on the amount of funds to be
rebated in a year.
Waido replied the only limit would be the amount of funds available and
appropriated for the Affordable Housing Trust Fund. '
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September 20, 1994
Councilmember Janett asked if there is a way during the budget process, that an
amount of money could be appropriated towards the Fund each year to maintain the
Fund.
City Attorney Roy stated any amount could be appropriated each year to add to the
Fund. He suggested adding language to the regulations to ensure that some
balance is maintained in the Fund so that it is not entirely expended, if that
is Council's intent.
Craig Welling, vice-president of the Affordable Housing Board, spoke to the time
periods that the projects have to remain as affordable housing. Rental projects
have a limit of 10 years and homeowners projects have a limit of 5 years. He
stated the Board's rationale was based on how long to ask for compliance based
on the amount of money allocated. The time periods seem fair and reasonable
based on the rebate.
Mary Dwyer, CARE Housing, proposed that the minimum square footage for units be
reduced to the standards used by the Farmer's Home Administration.
Lou Stitzel, 521 E. Laurel, expressed concern about the short time periods that
units are to remain affordable. She stated it is important to keep the housing
affordable for as long a period of time as possible.
Craig Welling commented that the Affordable Housing Board had recommended this
version of the regulations on a vote of 5-1. The one "no" vote was based on
' concerns that this money would finance and add housing to the market that would
be built anyway. He noted the square footage issue had been debated and the
numbers were initially lower than the current recommendation. The Board wanted
to be sure this was quality affordable housing and that the minimum square
footage made the units liveable and that they would remain high quality.
Councilmember McCluskey asked that staff come back with regulations designed to
keep from depleting the Fund each year.
Councilmember Horak stated he hoped that if monies are depleted from the Fund,
staff will ask Council to consider appropriating additional monies from
undesignated reserves. He pointed out that Council always has the option of
putting more monies into the Fund.
1
Councilmember Janett stated her concern about drawing the Fund down is because
development review fees are the source of revenue for the Fund. Those fees vary
year to year depending on the construction cycle. She questioned why specific
numbers are in the regulations with regard to gross rents. Those numbers will
need to be adjusted annually for the changing median incomes of the community.
A formula would be preferable.
The vote on Councilmember Kneeland's motion was as follows: Yeas:
Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey and Smith. Nays:
None.
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September 20, 1994
THE MOTION CARRIED. '
Ordinance No. 140, 1994, Authorizing
a Mail Ballot Election for the April 4, 1995,
Regular City Election. Adopted on Second Reading.
The following is staff's memorandum on this item:
"Executive Summary
State law authorizes municipalities to hold mail ballot elections. Staff has
gathered information concerning the feasibility of holding a mail ballot election
for the April 4, 1995 regular city election and has concluded that a mail ballot
election could be conducted in 1995 if that is Council's direction. The
Governance Committee has discussed mail ballot elections at a number of meetings
and on June 30 directed staff to bring forward for Council consideration, an
Ordinance authorizing a mail ballot election for 1995.
Ordinance No. 140, 1994, which was adopted 5-1 on First Reading on September 6,
1994, authorizes conducting the April 4, 1995 regular municipal election by mail
ballot, adopt the Uniform Election Code for the April election, authorize the
City Clerk to submit a mail ballot plan to the Secretary of State, and establish
the polling place for in -person voting for the April election."
Councilmember McCluskey, Chairperson of the Governance Committee, urged
Councilmembers to adopt this ordinance on Second Reading. '
Councilmember McCluskey made a motion, seconded by Councilmember Kneeland, to
adopt Ordinance No. 140, 1994, on Second Reading.
Councilmember Apt stated he was not convinced that safeguards exist to preserve
the sanctity of the voting booth. He stated he did not believe the issue of
privacy had been completely solved. The concept and the intent are good but he
questioned the execution.
Councilmember Horak stated he would not support the motion since there are
questions about privacy and the opportunity for people to be influenced by
others. He expressed concern that over time certain groups will find mail ballot
elections to be a successful technique to get their issues approved or to get a
significant number of votes.
The vote on Councilmember McCluskey's motion was as follows: Yeas:
Councilmember Azari, Janett, Kneeland, McCluskey and Smith. Nays:
Councilmembers Apt and Horak.
THE MOTION CARRIED.
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September 20, 1994
' Other Business
Councilmember Apt stated the Commission on Disability is requesting that staff
prepare an ordinance to amend the Code to ensure no snow can be piled into
handicapped parking spaces. The Commission recommends that the fine be increased
to $50 for unauthorized parking in the spaces. He spoke of a proposed ordinance
drafted by Tom McKenna relating to cost of growth. He asked for staff's opinion
on the proposal.
Councilmember Janett asked that more publicity be provided for the Northern
Colorado Regional Cities meeting so that the public can get more involved in this
regional growth management effort.
Mayor Azari spoke of the Northern Larimer County Symposium to be held October 28-
29 and November 4-5. She asked that at least one Councilmember attend the
Symposium and suggested the liaison be one member from the Growth Management
Committee.
Adjournment
The meeting adjourned at 10:40 p.m.
ayor `
' ATTEST:
City Clerk
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