HomeMy WebLinkAboutMINUTES-06/06/1995-RegularJune 6,1995
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, June 6, 1995,
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: Azari, Janett, Kneeland, McCluskey, Smith and
Wanner. Councilmember Absent: Apt.
Staff Members Present: Jones, Krajicek, Roy.
Citizen Participation
Residents of the Buckingham neighborhood presented City employee Rich Kopp with a plaque
recognizing him for his efforts on the Neighborhood Partnership Team in the Buckingham area.
Mayor Azari read a Proclamation honoring him.
Angela Dawn Nicely, Yolanda Nicely, and Mike Nicely, 300 E. Harmony Rd., Pioneer Mobile
Home Park expressed concern about the lack of progress in the relocation efforts.
Citizen Participation Follow -Up
Councilmember Janett thanked the Nicelys for expressing their concerns. She stated the City
is not in the driver's seat in this situation. She stated the site of the mobile home park was
purchased by a private party and the City has attempted to assist in the relocation effort. She
stated the City and the community as a whole need to work on this problem. It is not realistic
to expect the City to solve the problem by itself.
Agenda Review
Interim City Manager Jones stated Item No. 23, First Reading of Ordinance No. 76, 1995,
Increasing the Membership of the Transportation Board, has been withdrawn from the agenda
so the Transportation Board has an opportunity to review the ordinance. With regard to Item
No. 25, Resolution 95-71 Concerning Joint Planning with Larimer County and Development
of a Fort Collins Downtown Civic Center Plan, Jones stated the City of Loveland is hearing a
similar Resolution tonight and the Larimer County Commissioners will consider a similar
Resolution tomorrow. Item No. 36 on the Discussion Agenda, Items Relating to Eastside and
Westside Neighborhood Guidelines, has been withdrawn from the agenda, pending an opinion
' from the Ethics Review Board on whether Councilmembers who own property and have an
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June 6, 1995 ,
interest in these neighborhoods can participate in the guidelines. It has been scheduled for a
study session in July. She stated an ordinance extending the moratorium on minimum lot sizes
for the construction of secondary residential structures will be considered under Other Business.
Related to Item No. 40, Resolution 95-80 Extending the Process for Appointing the City
Manager and Identifying Additional Finalists, there is a revised Resolution and Agenda Item
Summary in the packet since it is premature to list names of additional candidates to be
interviewed until Council has decided whether to extend the process.
***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 #31, Public Pulled Consent Items.
••- ••- • • • .•• ItI •. - • • •1
Ordinance No. 30, 1995, which was unanimously adopted on First Reading on May 16, '
1995, amends Section 12-3 of the Model Traffic Code to prohibit any person from
depositing, placing, or piling any snow, ice or litter on any parking space reserved for
persons with disabilities in a manner that blocks a vehicle from using the space or on any
area adjacent to the parking space if to do so would unreasonably interfere with a disabled
person's ability to safely exit or enter a motor vehicle parked in the reserved parking
space. Under the Ordinance, these prohibitions would apply not only to the person
actually piling the snow, ice or litter on the parking space and adjacent areas, but also to
the owner or person in possession of private property upon which the reserved parking
space is located if such person knowingly permits snow, ice or litter to be piled on the
parking space or adjacent areas.
Traffic -Code for Colorado Municipalities." ' • 1
Most significant of these changes is an amendment to the definition of "pedestrian" to
include a person using a wheelchair. Also added is a definition for "wheelchair."
Ordinance No. 31, 1995, which was unanimously adopted on First Reading on May 16,
1995 amends the City Code to clarify that a person using a wheelchair is a "pedestrian."
Arguably, under the City Code, a person in a wheelchair falls under the definition of ,
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June 6, 1995
"vehicle" rather than the definition of "pedestrian." On January 30, 1995, the
Commission on Disability reviewed these changes and voted unanimously to recommend
to Council that this Ordinance be adopted.
9. Items Relating to Solid Waste Management,
A. Second Reading of Ordinance No. 58, 1995, Amending Chapter 15, Article XV
Regarding Solid Waste Collection and Recycling.
B. Second Reading of Ordinance No. 59, 1995, Appropriating Prior Year Reserves in
the Sales and Use Tax Fund for Transfer to the General Fund for Recycling Projects.
At the May 2, 1995 meeting City Council provided policy direction for an integrated
municipal solid waste program for the City of Fort Collins. Resolution 95-63 was
adopted to establish goals and objectives and direction for the solid waste program.
Ordinance No. 58, 1995 was adopted unanimously on first reading on May 2, 1995, to
implement the City Council's program direction with respect to the provision of solid
waste and recycling services provided by solid waste collectors licensed by the City.
Ordinance No. 59, 1995 was adopted unanimously on first reading on May 2, 1995, to
appropriate prior year reserves to the general fund for recycling projects, including
preparation of a recycling marketing plan and development of a composting facility.
10. Second Reading of Ordinance No. 61, 1995, Rezoning Approximately 3.0 acres from R-
E. Residential Estate. to I-P. Industrial Park. with the P.U.D. Condition for the
Novovesky Rezoning,
The property was annexed in 1986. At the time of annexation and at the request of the
property owner, the zoning attached to the property was designated as R-E, Residential
Estate. Now, the property is totally surrounded by land zoned I-P, Industrial Park. The
petitioner's request that the three acre parcel be included within the I-P, Industrial Park
Zone District.
Ordinance No. 61, 1995, was unanimously adopted on First Reading on May 16, 1995
and has been slightly modified since First Reading. For Second Reading, Section 2 has
been deleted. This section calls for the property to be included in the Residential
Neighborhood Sign District.
The property is already included in this Sign District. Therefore, this section is
duplicative and has been removed from the Ordinance.
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June 6, ..
Authorize11. Second Reading of Ordinance No. 62, 1995. Amending Chapter 26 of the City Code to
,e Wastewater Utility EnteMrise to., n. Exercise•. , Powers
Furtherance of ., .
Under Article X, Section 20, of the State Constitution, enterprises are exempt from the
revenue and spending growth limitations. To qualify its utilities as enterprises within the
definitions of the Article, voters of the City approved an amendment to the City Charter
in 1993. The intent of the Charter amendment was to provide that the City Council,
convened as the Board of the Wastewater Utility, may issue bonds and refunding bonds
on behalf of the City and the enterprise. The amendments to Chapter 26 of the City Code
proposed in Ordinance No. 62, 1995, are primarily administrative in nature. The
Ordinance authorizes the Council as the Enterprise Board:
to meet concurrently with the regular and special meetings of Council;
to issue revenue bonds;
to pledge revenues of the Wastewater system to pay such bond;
to make covenants on behalf of the City; and
to enter into contracts relating to the Wastewater system.
The powers listed in the Ordinance are the same powers that the Council exercised prior
to the passage of Article X, Section 20. Ordinance No. 62, 1995 was unanimously
adopted on First Reading on May 16, 1995.
12. Second Readina of Ordinance No. 63. 1995, Amending Section 23-227 of the Code o
the City of Fort Collins Relating to Parkland Fees,
On August 3, 1995, the City Council approved Ordinance No. 82, 1993 setting the
Parkland Fee at $779 per dwelling unit. The fee was previously set at $625 per dwelling
unit. The Ordinance also directed the City Manager to annually review the amount of the
Parkland Fee in relation to the Denver -Boulder Consumer Price Index, and to submit for
Council's consideration any future increases to the amount of said fee which may be
warranted by such review. Ordinance No. 63, 1995 was unanimously adopted on First
Reading on May 16, 1995 and sets the Parkland Fee at $813 per dwelling unit.
Men, Me wim-euvom
Ordinance No. 64, 1995, which was unanimously adopted on First Reading on May 16,
1995, amends Sections 26-121 and 26-285 of the City Code which authorize the City to
recover from adjacent development some of the costs incurred in installing water and
wastewater mains. Reimbursement assessments are currently limited to actual costs, '
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' June 6, 1995
including engineering, project administration, materials, labor and right-of-way
acquisition expenses. This amendment authorizes the City to include an adjustment for
the effects of inflation.
14. Second Reading of Ordinance No. 67, 1995. Appropriating Unanticipated Revenue and
Prior Year Reserves in the Cultural Services and Facilities Fund Museum Budget For the
Planning of a Major Permanent Exhibit and Other Associated Project Costs,
The Fort Collins Museum has received a National Endowment for the Humanities (NEH)
grant to fund the planning for a major permanent exhibit with the working title of Fort
Collins 2000 to be located in approximately 3,500 square feet of the Fort Collins
Museum.
The project also includes a community based collection initiative, staff travel to recent
museum exhibits with 20th century and urban environmental themes, and planning for
public and school programming designed to expand on the exhibit's themes. The goal of
the project is to provide visitors to the museum with an innovative exhibit that will
interpret the process of historical and contemporary western settlement and its impact on
the environment using Fort Collins as a case study to explore the historical and national
trends of this urban/environmental western phenomena. The planning segment will
extend for a two year period from August 1995 through July of 1997. Ordinance No. 67,
1995 was unanimously adopted on First Reading on May 16, 1995.
15. Second Reading of Ordinance No. 68, 1995- Amending Ordinance No. 179, 1994, to
Correct the Legal Description of "Tract A" Described in Ordinance No. 179, 1994.
In December 1994 City Council adopted Ordinance No. 179, 1994, that approved the sale
of 3.535 acres of City land, identified in Ordinance No. 179, 1994 as "Tract A", to the
Boxelder Sanitation District for the purpose of expanding its lagoon system. During the
sale process, inaccuracies were discovered in the legal description of the west boundary
of Tract A. These have been corrected. The correction to the legal description must be
completed before the closing can take place. Ordinance No. 68, 1995 was unanimously
adopted on First Reading on May 16, 1995.
16. Second Reading of Ordinance No. 70, 1995, of the Council of the City of Fort Collins
Amending Section 17-126 of the City Code and Adding Section 17-127 to the City Code
Pertaining to Panhandling.
Ordinance No. 70, 1995, which was unanimously adopted on First Reading on May 16,
is not intended to prohibit all panhandling in public places in the City. Rather, its purpose
' is to impose reasonable time, manner and place restrictions on panhandling in public
places to prohibit that panhandling which adversely affects public safety and welfare.
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June 6, 1995 I
17. Items Relating to the Landmark Preservation Commission,
A. First Reading of Ordinance No. 65, 1995, Amending Section 2-570 of the Code
Pertaining to Appointments to Governmental or Private Agencies.
B. First Reading of Ordinance No. 66, 1995, Amending Section 2-278 of the Code
Pertaining to the Functions of the Landmark Preservation Commission.
Ordinance No. 65, 1995 would expand the provisions of Section 2-570 of the City Code
to allow for the appointment of board and commission members to serve as City
representatives with other public or private agencies and to further provide that such
service, when approved by the City Council, would generally not create a conflict of
interest for the members of the boards or commissions in participating in decisions of the
City which affect those outside agencies.
Ordinance No. 66, 1995 would expand the functions of the Landmark Preservation
Commission (the "LPC") so that the functions enumerated in the Code include all of the
services which are actually being provided by the LPC. It would also authorize LPC
members to serve as City representatives on the board of directors of the Historic Fort
Collins Development Corporation, the Poudre Landmark Foundation, or other privately
funded non-profit corporations that may be organized for the primary purpose of
furthering the preservation of the community's historic resources.
18. First Reading of Ordinance No. 71, 1995. Authorizing the City to Grant a Non -Exclusive
Easement for Equipment Cabinet and Underground Telephone Line to U.S. West
Communications. Inc. and Appropriating Unanticipated Revenue in the Capital Projects
Fund for the Choices 95 Older Adult Center Project,
Raintree Townhomes P.U.D. is located between Rolland Moore Park to the north and the
Senior Center to the south. This development has placed an increased demand for
telephone service. To meet this demand, U.S. West Communications, Inc. needs this
easement for an underground telephone line and an equipment cabinet. The area needed
for the equipment cabinet is a 330 square foot pocket easement and a 10 foot strip
easement is needed for the telephone line, totalling 635.3 square feet, abutting the north
of the Senior Center P.U.D.
19. First Reading of Ordinance No. 72, 1995. Vacating that Portion of The Summer Street
Right -of -Way which was Dedicated with the Lake Street Townhome P.U.D. Plat.
The Lake Street Townhome P.U.D. plat was approved by the City Council on June 5,
1979. The property is located on the north side of Prospect Road just east of Shields
Street. The project has never been developed nor were any of the public improvements '
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June 6, 1995
constructed. The property has been purchased by the Islamic Center of Fort Collins for
the future construction of a mosque. Therefore, the owner has requested the abandonment
of the old P.U.D. and the vacation of the platted street right-of-way in order to consolidate
the property for tax exempt status as well as to "clean the slate" for a future replat of the
property.
On May 22, 1995, the Planning and Zoning Board unanimously voted to abandon the old
Lake Street Townhome P.U.D. as requested by the property owner. The old street right-
of-way as platted is not necessary to retain since a new street right-of-way will be
dedicated or a public and emergency access easement will be required with any future
proposed development on the property.
All public and private utility agencies, the Poudre Fire Authority, and the City
Transportation Department have reviewed the request and report no objections.
20. First Reading of Ordinance No 73. 1995. Appropriating Prior Year Savings Realized
from Increased Productivity and Operating Efficiencies,
In 1992, City Council adopted the Service Productivity Incentive Policy, effective for
1992 and years thereafter. The goal of the policy is to provide a framework within which
a manager can develop a long-range strategic plan for service delivery rather than rely on
a short-term, line -item cost approach.
An operating manager that has unspent and uncommitted appropriations as a result of
increased productivity and operational efficiency can carry-over those dollars in their own
reserve savings account. Managers may request the use of the savings through the City
Manager and City Council, which must approve the request by an appropriation
ordinance. Use of productivity savings will be presented to Council twice a year for
appropriation in the current year.
21. First Reading of Ordinance No 74 1995 Appropriating Funds From Prior Year Reserves
in the Communication Fund for Replacement of the City's Electronic Mail System
The Communications Fund is an internal service fund providing for the operation and
replacement of E-Mail and telephone services for the organization. The current E-Mail
system, HPDeskmanager, is over 10 years old and no longer meets the needs of the
organization. The new E-Mail product, Groupwise, will improve productivity for end
users, add functionality, and allow efficient integration between departments choosing to
install Groupwise on their Local Area Networks (LANs) with those departments still
reliant on a host based (or central) system. The projected cost for acquisition of computer
. and telecommunications hardware and software, training and consulting is approximately
$400,000.
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June 6, 1995 '
The Novell/Groupwise product is the only one on the market that runs across platforms
(on more than one type of computer system), with the ability to easily synchronize the
user directory. This feature saves significant staff time, and provides a good migration
path for departments when they are able to move from the central system to a LAN based
system. The acquisition of WordPerfect by the Novell Corporation in 1994 postponed
development and release of the Groupwise system by 10-12 months. The product is now
available and ICS is ready to proceed with implementation. Funds for the project
approved in the 1994 budget lapsed, and must be reappropriated.
As part of the E-mail replacement project, ICS is also upgrading parts of the network
infrastructure, specifically replacing slow speed modems with high speed incoming and
outgoing modems, and replacing PBX related equipment to offer better user access to the
central E-Mail and financial systems. The hardware, software and communication
requirements to access the Internet are also included in the scope of the project.
22. First Reading of Ordinance No. 75. 1995. of the Co Ae City of Fort Collins
�-
Fermented Malt Beverages in PublicPlaces,
Currently, Section 17-141 of the City Code prohibits persons from carrying open
containers of liquor or fermented malt liquors in public places. However, the phrase '
"open container" is not defined in the Code. As a result, Police, Municipal Court
prosecutors and the Municipal Court have experienced problems in interpreting the
meaning of 'open container." Therefore, this Ordinance has been drafted to clearly define
this phrase.
23. First Reading of Ordinance No 76 1995 Amending Section 2-427 of the City Code to
Increase the Membership of the Transportation Board.
At the May 30 adjourned meeting of the Council, Councilmember Will Smith requested
that the membership of the Transportation Board be increased from 9 members to 11
members to address the increasing workload of the Board.
This Ordinance, if adopted, will increase the membership of the Transportation Board
from 9 members to 11 members. Applications were recently solicited for the
Transportation Board and these additional seats on the Board could be appointed
following second reading of this Ordinance on June 20.
24. Resolution 95-70 Reappointing Gordon F. Esplin and John J. Tobin as Temporary Judges -------
and Authorizing the Execution of Employment Agreements,
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' June 6, 1995
On June 1, 1993, Council appointed Gordon F. Esplin and John J. Tobin as Temporary
Judges for terms beginning July 1, 1993 to June 30, 1995. For the past several years, the
Assistant Municipal Judges have been paid $50 per hour for their services. That rate is
well below the going rate for legal fees in Fort Collins. The City pays a minimum of $75
per hour for outside legal counsel. Therefore staff believes it would be appropriate to
increase the compensation paid to the Assistant Municipal Judges to $65 per hour. This
Resolution will appoint Gordon F. Esplin and John J. Tobin as Temporary Judges for
terms to run until June 30, 1997, with compensation at $65 penhour.
25. Resolution 95-71 Concerning Joint Planning with Larimer County and Development of
a Fort Collins Downtown Civic Center Plan.
At the May 15 meeting with the Larimer County Commissioners and the City of
Loveland, City Council asked for a resolution endorsing joint planning with Larimer
County and development of the Fort Collins Downtown Civic Center Plan. This
resolution is being jointly adopted by the Larimer County Commissioners and has been
shared with the City of Loveland.
26. Resolution 95-72 Authorizing a One -Year Ground Lease. with Option to Renew For a
Second Year. of City -Owned Property at 725 East Vine Drive To Advanced Drainage
' Systems. Inc.
The City purchased the site at 725 East Vine on November 10, 1992 for the new Streets
Facility. At that time, Advanced Drainage Systems ("ADS") was leasing approximately
5.5 acres for pipe storage from the previous owner. Since the Streets Department did not
have an operational need for this space, a Ground Lease was entered into with ADS for
a term of one year for 3 of the 5.5 acres, with an option to lease for a second year. ADS
is using this space as pipe storage and modular office space. The area leased to ADS is
earmarked for the future asphalt operations area, and is not currently needed by the Streets
Department. Therefore, a new Lease Agreement has been drafted to allow ADS to
continue its use of the 3 acres for an initial lease term of one year, with an additional
option year.
27. Resolution 95-73 Authorizing the Acquisition by Eminent Domain Proceedings of
Certain Land Necessary for the Construction of a Connection Between Mitchell Drive and
JFK Parkway from Horsetooth Road to Bockman Drive,
The City is coordinating the completion of Mitchell Drive and JFK Parkway with the
property owners in this area. All existing property owners have agreed to dedicate the
ROW necessary for this project to proceed. There are two small parcels of land still
' retained by Fred Hiller III who has filed for bankruptcy. Although staff is negotiating
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June 6, 1995 '
with the bankruptcy trustee, staff recommends commencing with the eminent domain
process to begin construction this year.
The Bankruptcy Trustee is aware that the City must take this course of action to insure
that the project starts this year. Staff will continue negotiating with the bankruptcy trustee
for this ROW. The proposed resolution would authorize the commencement of eminent
domain proceedings on these two parcels.
The waiver request pertains to the proposed Replat of Tract 25, Highland Place. Tract
25 has an existing residence on a ten acre tract located at the northwest corner of Richards
Lake Road and Abbotsford Road. It is proposed to subdivide the property into three lots
Tract 25-A (existing residence), 25-B, and 25-C.
The site is not located within the boundaries of the Cherry Hills Sanitation District or the
Boxelder Sanitation District. Sanitary sewer service cannot be provided to this site due
to the lack of available capacity in downstream trunk lines and no plans to expand
sanitary sewer service into this area. Proposed Tract 25-A has an existing septic system
serving the existing residence. Construction of standard septic systems are feasible on '
Tracts 25-B and 25-C. There will be a note on the final subdivision plat and a covenant
in the Protective Covenants requiring all tracts to connect to public sewer when it
becomes available.
The request for a waiver from the Public Sewer and Public Street Capacity Phasing
Criteria Requirements is justified under the terms of the Intergovernmental Agreement
with Larimer County for the Fort Collins Urban Growth Area.
Capacity29. Resolution 95-75 Authorizin2 a Waiver of the UGA Public Sewer and P Mur=e
Phasing . Requirement for the Proposed Replat of . of •Replat
Tract 36-A of the Amended Plat of Highland Place Tracts 35, 36 and the South Portion
of .i• Place,
The waiver request pertains to the proposed Replat of Lot 1 of the Replat of Tract 36-A
of the Amended Plat of Highland Place Tracts 35, 36 and the South Portion of Tract 32,
Highland Place. Tract 36-A has an existing residence on 10.7 acres located south of
Richards Lake Road along Gregory Road, east of Clyde Street but west of Abbotsford
Street. The proposal will subdivide the property into three lots with the existing residence
remaining on proposed Lot 3.
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June 6, 1995
The parcel is located within the boundaries of the Cherry Hills Sanitation District.
However, the District cannot serve this site due to the lack of available capacity in
downstream trunk lines. The closest sewer main is approximately 1,600 feet from the
proposed Replat. Proposed Lot 3 has an existing septic system serving the existing
residence. Construction of standard septic systems are feasible on proposed Lots 1 and
2. There will be a note on the final subdivision plat and a covenant in the Protective
Covenants requiring all three lots to connect to public sewer when it becomes available.
F
The request for a waiver from the Public Sewer and Public Street Capacity Phasing
Criteria Requirements is justified under the terms of the Intergovernmental Agreement
with Larimer County for the Fort Collins Urban Growth Area.
30. Routine Easements.
A. Powerline Easement from Arthur M. and Evelyn M. Clarke, 327-331 E. Magnolia,
needed to install round electric vault to underground existing overhead electric
system. Monetary consideration: $50.
B. Powerline easement from Ronald E. Clarke, 608 East Coy, needed to install electric
oval vault to underground existing overhead electric services. Monetary
consideration: $624.
C. Powerline easement from Jerry S. and Rosalie K. Moore, 827 Remington, needed .
to underground existing overhead electric services. Monetary consideration $10.
D. Powerline easement from Brian A. Campbell, 325 East Olive, needed to install
padmount electric transformer to underground existing overhead electric system.
Monetary consideration: $50.
E. Powerline easement from Jeffrey G. Coleman, 255 South Loomis, needed to
underground existing overhead electric services. Monetary consideration: $10.
F. Powerline easement from Dorothy McCanne Turner, 312 East Magnolia, needed to
install drive over vault to underground existing overhead electric services. Monetary
consideration: $10.
G. Powerline easement from Charles R. Winter and Eleanor J. Winter, 1312 Crestmore
Place, needed to underground existing overhead electric system. Monetary
consideration: $80.
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June 6,1995 '
H. Powerline easement from Karen K. Furst, 629 W. Coy Drive, needed to install
electric oval vault to underground existing overhead electric system. Monetary
consideration: $80.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
•1- • • .• .1• IJ 1. ` • 11
• - 11 '- - 1 1/ • - re1 • _ 411-1
A. Second Reading of Ordinance No. 58, 1995, Amending Chapter 15, Article XV
Regarding Solid Waste Collection and Recycling.
B. Second Reading of Ordinance No. 59, 1995, Appropriating Prior Year Reserves in
the Sales and Use Tax Fund for Transfer to the General Fund for Recycling Projects. '
10. Second Reading of Ordinance No 61 1995 Rezoning Approximately 3.0 acres from R-
E. Residential Estate to I-P Industrial Park with the P.U.D. Condition for the
Novoves y Rezoning.
11. • . Reading of Ordinance . 62. 1995.Amending Cha. 6 of the••
Authorize the Wastewater Utility Enterprise to Have and Exercise Certain Powers in
Furtherance of n•
12. Second Reading of Ordinance No. 63. 1995. Amendine Section 23-227 of the Code o
the City of Fort C•flins Relating 1 • Parkland
13.
Second
Reading
of Ordinance
No. 64,
1995,
of the Council
of
fte-Cff
T&FbM:G�
Collins
ReEardine
Reimbursement
Assessments,
•11.1�
•
U• • '-Ile
"1
.1 .
_11
• -
•
MINIMUM,
• -
136 1
' June 6, 1995
15. Second Reading of Ordinance No 68 1995 Amending Ordinance No 179 1994 to
Correct the Lggal Description of "Tract A" Described in Ordinance No 179 1994
Second16. Reading of Ordinance N• 1. 1995, of • of of •rt Collins
PertainingAmending Sectim 17-126 of the City Code and Adding Section 17-127 to the City Code
to Panhandling.
Items on First Reading were read by title by City Clerk Wanda Krajicek.
A. First Reading of Ordinance No. 65, 1995, Amending Section 2-570 of the Code
Pertaining to Appointments to Governmental or Private Agencies.
B. First Reading of Ordinance No. 66, 1995, Amending Section 2-278 of the Code
Pertaining to the Functions of the Landmark Preservation Commission.
18. First
Reading
of Ordinance No 71 1995
Authorizing
the
City to Grant
a Non -Exclusive
Easement
for
Equipment Cabinet and
Underground
Telephone
Line to U.S. West
Communications
Inc and Appropriating
Unanticipated
Revenue
in
the Capital Projects
'
Fund
19. First
for the
Reading
Choices 95 Older Adult Center
of Ordinance No 72 1995
Project,
Vacating
that
Portion of
The Summer Street
Right
-of -Way
which was Dedicated with
the Lake
Street
Townhome
P U.D Plat
20. First Reading of Ordinance No 73 1995 Appropriating Prior Year Savings Realized
from Increased Productivity and Operating Efficiencies.
21. First Reading of Ordinance No 74 1995 Appropriating Funds From Prior Year Reserves
in the Communication Fund for Replacement of the City's Electronic Mail System.
22.
First
Reading
of Ordinance
No.of
the Councilof
of
Fort•f
ins
Amendine
Section
17-141
of
thg City Code Pertaining
to
Cu[ying
or
Drinking
Liquor
o
23. First Readine of Ordinance No. 76- 1995. Amending Section 2-427 of the City—Ca&M,
Increase the Mrmbershil2. i .•• •n Board.
34. Items Related to the City's Fiscal Year 1995-96 Community Development Block Grant
Program.
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June 6, 1995 '
A. Public Hearing and Resolution 95-76 Adopting Fiscal Year 1995-96 Community
Development Block Grant Program.
B. First Reading of Ordinance No. 77, 1995, Appropriating Unanticipated Revenue in
the Community Development Block Grant Fund.
35. First
Readinz of
Ordinance
No. 78, 1995,
of
the Council of the
City of Fort I
Amend .n
of
the Codeof the
City
of FortCollinsRegarding
:.. CQv.�
RealjirQMents.(Options
A. First Reading of Ordinance No. 79, 1995, of the Council of the City of Fort Collins
Adopting the "Neighborhood Character Design Standards and Guidelines for the
Eastside and Westside Neighborhoods in Fort Collins".
B. First Reading of Ordinance No. 80, 1995, Amending the Code of for the Purpose of
Making the Enforcement of the "Neighborhood Character Design Standards and
Guidelines for the Eastside and Westside Neighborhoods in Fort Collins" Applicable
to Construction on Landmarks and in Landmark Districts, New Construction and
Increases in the Floor Area of Buildings in Areas Governed by Said Standards and I
Guidelines and for the Purpose of Providing a Method of Appeal of Staff Decisions
Pertaining Thereto.
Councilmember Kneeland made a motion, seconded by Councilmember McCluskey Kneeland,
to adopt and approve all items remaining on the Consent Calendar. The vote was as follows:
Yeas: Councilmembers Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Staff Reports
Interim Deputy City Manager Bruno reported on the City/Poudre R-1 Liaison Committee
meeting held May 31 at the new Fort Collins High School. He stated good progress is being
made in discussing joint issues and issues pertaining to the construction of schools as it relates
to the development process in the City. He spoke of progress on transportation issues including
the coordination of school schedules with Transfort schedules. He stated the intergovernmental
agreement between the City and the District that guides the relationship with regard to school
facilities will be before Council on June 20.
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1
I
Councilmember Reports June 6, 1995
Councilmember Kneeland called attention to Item No. 21 on the Consent Agenda that
appropriated funds for replacing the City's e-mail system. With this upgrade, the City will be
poised to link into the needs of the public.
Councilmember McCluskey spoke of Item No. 25 on the Consent Agenda relating to the civic
center plan and stated he did not believe he had a conflict of interest but would not be voting
on projects or items that are more specific.
Councilmember Janett pointed out City, County and private sector interests are working together
to have a vision for the downtown in terms of planning for office space, court space, retail,
parking, transportation, parks, etc., for the civic center concept.
Councilmember Smith stated the State Transportation Commissioners voted not to fund a ten -
corridor rail study. The regional transportation planning group supports the local corridor and
asked that the issue be tabled.
Mayor Azari reported on her meeting with the Loveland Superintendent of Schools and
suggested it might be appropriate for the Superintendent to meet with Frank Bruno, Chris
' Kneeland and Bob McCluskey to initiate discussion about drafting an intergovernmental
agreement similar to the agreement with Poudre R-l.
Items Related to the City's 1995-96
Community Development Block Grant Program. Adopted.
The following is staff's memorandum on this item.
"Executive Summary
A. Public Hearing and Resolution 95-76 Adopting Fiscal Year 1995-96 Community
Development Block Grant Program.
B. First Reading of Ordinance No. 77, 1995, Appropriating Unanticipated Revenue in the
Community Development Block Grant Fund.
The Community Development Block Grant Program provides Federal funds from the
Department of Housing and Urban Development (HUD) to the City of Fort Collins which can
be allocated to housing and community development related programs and projects, thereby,
reducing the demand on the City's General Fund Budget to address such needs.
139
June 6, 1995
BACKGROUND: I
The CDBG Program is an ongoing grant administration program funded by the Department
of Housing and Urban Development (HUD). The City of Fort Collins has received CDBG
Program funds since 1975. In 1975 and FY 1976-77 the City received HUD CDBG
discretionary grants. Since FY 1977-78, the City has been an Entitlement Grant recipient of
CDBG funds, meaning the City is guaranteed a certain level of funding each year. The level
of funding is dependent on the total amount of funds allocated to the program 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, etc.
Additional background information on the City's Community Development Block Grant
Program is presented in Appendix 'A" attached to this report.
The City's Entitlement Grant for FY 1995-96 includes $1,231,000 from the Federal FY 95
Budget. At this time, HUD has advised the City to reduce the entitlement amount by an amount
of 6% based on a funding recision proposed by Congress, or to an amount of $1,151, 000. The
Entitlement Grant will be combined with $40,000 of Program Income. Combining all sources
offunds/income provides a total of $1,191,000 available for programs and projects during the I
next CDBG Program year.
The following summarizes the amount and source of available funds:
AMOUNT SOURCE
$1,231,000 FY'95 Entitlement Grant
- 80,000 Proposed Rescission by Congress
$1,151,000 Revised Entitlement Grant
40,000 Program Income
$1,191,000 Total
Program Income includes funds returned to the City through the payment of past housing
rehabilitation loans.
Below is a summary of recent CDBG funding levels allocated from HUD to the City of Fort
Collins:
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June 6, 1995
Entitlement
Reprogrammed
Program
Year
Grant
Funds
Income
Total Funds
----------------------------------------------------------
----------------------------------------------------------
1986
566,000
165,719
102,567
834,286
1987
685,000
99,614
50,000
807,614
1988
653,000
100,000
50,000
803,000
1989
679,000
90,000
100,000
869,000
1990
645,000
50,000
30,000
725,000
1991
728,000
160,000
30,000
918,000
1992
802,000
30,000
50,000
882,000
1993
1,091,000
50,000
90,000
1,231,000
1994
1,187,000
30,000
50,000
1,267,000
1995
1,151,000
0
40,000
1,191,000
NIMMAKE"WM,
The selection process for the City's FY 1995-96 CDBG Program began on January 12, 1995,
when the CDBG Commission held a public hearing to obtain citizen input on community
development and housing needs. The CDBG Program office placed legal advertisements in
local newspapers starting in January, and running through March, to solicit requests for CDBG
' funded programs and projects for FY 1995-96. The application deadline was Friday March 30.
At the close of the deadline the City received 23 applications requesting a total of
approximately $2.7 million.
Copies of all applications were forwarded to the City Council through the City Manager's office
on April 13. Copies of all applications were distributed to the CDBG Commission on April 13.
On Wednesday May 3, and Thursday May 4, the Commission met to hear presentations and ask
clarification questions from each applicant.
The Commission then met on Wednesday May 10, for the purpose of preparing a
recommendation to the City Council as to which programs and projects should be funded for
the FY 1995-96 program year. At this meeting the Commission reviewed the written
applications, the applicant's verbal presentation, the information provided during the question
and answer session, and reviewed the performance of agencies who received FY 1994-95
CDBG funds. The Commission then worked on formulation of their list of recommendations.
A copy of the Commission's minutes from the meeting is attached.
UP-1 7 11WIMNYUKIN 1_ / N I.. &
HUD CDBG regulations limit the amount of available funds which can be allocated to various
generic categories. Funds for Planning and Administrative purposes are limited to 20% of the
' total of the Entitlement Grant and any anticipated Program Income. The City's Entitlement
Grant for the next program year is $1,231,000, less the 6% rescission of $80,000, or $151,000
141
June 6, 1995 '
and anticipated Program Income is $40,000 for a total of $1,191,000. This means the 20%
limitation for Planning and Administrative purposes is applied to a total of $1,191,000, making
the 20% funding limit a total of $238,200.
Funds for Public Services are limited to 15% of the total of the Entitlement Grant and
anticipated Program Income, making the 15% funding limit a total of $178,650.
The Commission, thus, not only had to decide which applicants presented programs and
projects which best fit into the City's CDBG Program, but also had to insure funding
allocations were kept within HUD regulations. The Commission utilized several criteria to
determine priorities in the process to establish its list of recommendations. These criteria were
discussed with the Council at a work session conducted in December 1993 and include:
HIGHER PRIORITY CRITERIA
1. Leveraging
Guideline: The leveraging of private and non-federal funds is a very imi2ortan
consideration in making an allocation of CDBG funds. Applicants will be asked to
indicate the amount of leveraging, including in -kind services, dollars, and/or labor
associated with their CDBG proposal. '
2. Acquisition versus Operations
Guideline: Acquisition proposals which provide assets to the community will be given
greater weight over proposals which are operational in nature.
3. Success Rate
Guideline: Applicants who demonstrate continued success in achieving community needs
will receive extra consideration for funding. On the other hand, applicants who have
failed to achieve their proposal in a timely manner may not receive additional funding.
4. Ability to Complete the Proposal During a Program Year
Guideline: Applicants who provide information indicating a capability to complete their
proposal during the program year will receive consideration for funding over applicants
whose abilities can be questioned.
5. Meeting Community Needs
Guideline: Applicants must provide support of their application through some sort of '
needs assessment, preferably through the use of an objective data source, and not rely
142
' June 6, 1995
solely on anecdotal information. An applicant may also submit a service history of
projects from other communities. Funding allocations will be made to proposals which
meet the greatest community needs.
6. Long -Term Impact
Guideline: Applicants whose proposal has additional long-term impacts beyond the
specifics of the proposal will receive greater consideration for funding.
LOWER PRIORITY. CRITERIA
1. Full or Partial Funding
Guideline: If funds are not available to support a proposal at the lowest acceptable
level, no funds will be granted to the proposal. _
2. Competing Projects or Providers
Guideline: Applicants will need to demonstrate their proposal is not a duplication of
efforts or a duplication of service provision, including administrative, volunteer efforts,
and acquired service ability.
3. Alternate Funding
Guideline: An applicant will need to discuss what other funding sources are available.
Full disclosure of available and applied for funds is considered essential, required, and
mandatory. The Commission needs to know if the project can continue if CDBG funds
cease to exist.
OTHER CONSIDERATIONS
1. Equal Competition
Guideline: All proposals are considered equally, there is no preference given to new
proposals requesting "seed" money, and likewise, there is no preference given to
proposals which were previous recipients of CDBG funds. Continued CDBG funding
from one year to the next is not guaranteed and funding is not a "right" of any applicant.
143
June 6, 1995
2. Sequential Grant Limit
Guideline: There is no limit to the number of times an applicant may receive funding
from the CDBG Program, all applicants are considered equally, however, continued
CDBG funding from one year to the next is not guaranteed.
Listed below is a summary of each applicant's initial request for funding and the Commission's
list of recommendations:
PLANNING and ADMINISTRATION
(20% of Entitlement Grant and Program Income - $238,200)
RECOMMENDED
REQUEST FUNDING APPLICANT PROGRAM/PROJECT
$ 103,000 $103,000 City of Fort Collins CDBG Administration
18,900 - TRAC CHDO
ACQUISITION
RECOMMENDED
REQUEST--- FUNDING-----
APPLICANT PROGRAM/PROJECT----------- '
$ 500,000 -
City of Fort Collins
Land orAffordable Housing
300,000 235,000
City of Fort Collins
Mobile Home Park Development
Assistance
200,000 200,000
Housing Authority
Acquisition of Existing
Apartments at 2217 W. Elizabeth
120,000 120,000
Housing Authority
Acquisition of Land in the 1300
Block of W. Swallow
200,000 (1) -
Mercy Housing
Acquisition of Land for
Springfield Court Apartments
185,000 -
Neighbor/Neighbor
Acquisition of Property for
Transitional Housing
280,000 180,000 (2)
CARE
Acquisition of Land and
Development Costs forAffordable
Housing
144
June 6, 1995
HOMEOWNERSHIP ASSISTANCE
RECOMMENDED
REQUEST FUNDING APPLICANT PROGRAM/PROJECT
$ 132,350 - Housing Assistance. HOPE 3 Home Ownership or
People with Developmental and
Mental Disabilities
100,000 100,000 TRAC Development CostsforAffordable
Housing
PUBLIC FACILITIES
RECOMMENDED
REQUEST
------------------------------------------------------------------
FUNDING
APPLICANT PROGRAM/PROJECT
------------------------------------------------------------------
$ 75,000
Elderhaus
Building Renovation
155,000
-
Crossroads
Structural Upgrade, Safety
Upgrade, and Kitchen Remodel
22,204
22,204
Respite Care
Kitchen Renovation and
Restoration
'
51,923
51,923
Food Distribution,
Cooler Renovation
PUBLIC SERVICES
(15% of Entitlement Grant and Program Income - $178,650)
RECOMMENDED
REQUEST
-----------------------------------------------------------------
FUNDING
APPLICANT PROGRAM/PROJECT
-----------------------------------------------------------------
$ 10,500
10,500
Disabled Resources
Youth Employment Program
7,000
-
Radio Reading
Radio Reading Service
45,000
40,000
CCSNINew Bridges
Continuum of Homeless Services
15,781
10,500
Senior Employment
Job Finding Help
26,188
26,188
Child Care Coll.
Tuition Assistance
25,000
20,000
Project Self-Suff.
Project Self -Sufficiency
58,700
30,000
Neighbor/Neighbor
Comprehensive Housing
Counseling
55,800
40,000
Healthy Start, Inc.
Half-time Pediatrician
1,685
Contingency
Total amount of funding requested = $2,654,996.
145
June 6, 1995 I
NOTES:
(1) The applicant decided to withdraw the proposal from further consideration because they
did not want to annex the property into the City.
(2) The Commission recommends that if Congress fails to pass the proposed 6% Rescission
of CDBG funds, then the additional $80,000 which would become available should be
earmarked for allocation to the CARE proposal.
A summary of the Commission's funding recommendation by category is as follows:
RECOMMENDED
FUNDING % of TOTAL CATEGORY
$ 103,000
8.6
PLANNING and ADMINISTRATION (Maximum
$238,200 based on 20% of Entitlement Grant and
Program Income)
735,000
61.7
ACQUISITION
100,000
8.4
HOMEOWNERS ASSISTANCE
74,127
6.2
PUBLIC FACILITIES
177,188
14.9
PUBLIC SERVICES (Maximum $178,650 based on 15%
'
of Entitlement Grant and Program Income)
1,685
.1
CONTINGENCY
-- ------------------------------------------------------------------------------------------------------------------
$ 1,191,000
100.0
TOTAL
The total amount of requests considered by the CDBG Commission was approximately $2.7
million. With $2.7 million in total requests and only $1,191,000 available, obviously not all
applications could be funded. Also, due to HUD funding limitations, some applications
received less funds than requested in order to keep the generic category within program
maximums. No applicant is recommended to receive more funds than requested.
The CDBG Commission has recommended full funding for eight (8) applicants. In the
Commission's opinion, the eight applications recommended for full funding bestfit CDBG
national program objectives, the City CDBG policies (presented in Appendix 'A"), and the
selection criteria. The following summarizes the Commission's reasoning for full funding:
City of Fort Collins - CDBG Administration
Requested/Recommended: $103,000
Since CDBG regulations allow for the utilization of grant funds for administrative purposes,
the Commission believes direct administration of the CDBG Program should be taken from the ,
146
June 6, 1995
grant. The amount allocated to administration has declined over the past few years and is
currently below ten percent. The Program has also been successfully administered.
Housing Authority - Acquisition of Existing Apartment Complex at 2217 W. Elizabeth
Requested/Recommended: $200,000
The Commission noted a low cost per unit and that the proposal would make affordable units
available quickly. If the structure were to be purchased by a private buyer, the units' rents
would increase to market rates.
Housing Authority - Acquisition of Land in the 1300 Block of W. Swallow
Requested/Recommended: $120,000
The Commission believes the proposal contains a favorable cost per unit and can benefit, that
is enjoy economies of scale, with the CARE proposal which would have an adjacent location.
TRAC, The Resource Assistance Center for Nonprofoits - Development Costs
Requested/Recommended: $100,000
This was the only viable program providing for homeownership opportunities which are needed
in the community. Management of the project reflects creative thinking. The proposal provides
a solid investment for the future.
Respite Care, Inc. - Kitchen Renovation and Restoration
Requested/Recommended: $22,204
The Commission believes the project includes a reasonable price for the proposed work. The
agency supports a population that is not well served elsewhere in the community. The
Commission was confident the project would be completed within the program year.
Food Distribution Center - Cooler Renovation
Requested/Recommended: $51,923
The Commission discussed this application in some detail. The Commission noted that the
project fills a need for many different agencies. While the original failed project was ill-
conceived, the entity's complexion has changed and the proposed project seems to be well
managed. A decision not to fund the request could be considered a punitive measure which
would penalize innocent clients.
Disabled Resources Services - Youth Employment Program
Requested/Recommended: $10,500
I
147
June 6, 1995
C
The Commission noted that this relatively small grant request was reaping great benefits. The wil
project has a long-term impact by employing younger citizens of the community. The project
meets a community need and promotes independence by improving the employment abilities of
clients.
Child Care Collaborative - Sliding Scale Tuition Assistance
Requested/Recommended: $26,188
The Commission believes this program is critical because it provides services to working
parents. This Commission noted the collaborative effort which fills a critical need and provides
a quality service.
Proposals which did not receive full funding were deemed of a lower priority and, in some
cases, a lack of funds prohibited their full funding. The following describes the specific reasons
why the Commission believes certain projects should not receive their full funding amount:
Ft. Collins Housing Authority - Special Request for Set -Aside for Mobile Home Park
Development Assistance Fund
Requested: $300,000 Recommended: $235,000
There is a basic uncertainty of what the funds will be used far although it was recognized that
a need for funds will be imminent as low-income residents will be displaced. The proposal has
no specificity, but the issue is too important not to address.
CARE - Acquisition of Land and Development Costs for Low -Income Housing
Requested: $280,000 Recommended: $180,000 + $80,000
The Commission recommends that if Congress fails to pass the proposed 6% Rescission of
CDBG funds, then the additional $80,000 should be earmarked for allocation to the CARE
proposal. This would bring the total allocation to CARE to $260,000. The primary concern
of the application was that it has a high per -unit cost. The Commission liked the fact the funds
were far a specific property which would help spread affordable units throughout the city. Also,
as indicated above with the Housing Authority proposal, economies of scale are possible
because this project is located adjacent to the Housing Authority's proposed acquisition
property.
CCSN/New Bridges - Continuum of Homeless Services
Requested: $45,000 Recommended: $40,000
This is a collaborative effort, something the Commission has been suggesting to these agencies
for the past two years. The project fills a critical community need. The reduction in funding
was partially due to the limited amount of funds which can be allocated to the Public Services ,
category.
19
' Senior Employment Services - Job Finding Help for Older Workers June 6, 1995
Requested: $$15,781 Recommended: $10,500
The Commission believes this program deals with a hidden problem in the community, finding
suitable employment for elderly citizens. As such, the program meets a very important
communityneed. The program promotes self-reliance and is of a benefit to employers as well
as clients. The reduction in funding was partially due to the limited amount of funds which can
be allocated to the Public Services category.
Project Self -Sufficiency - Project Self -Sufficiency
Requested: $25,000 Recommended: $20,000
The Commission supports this program because it will has been expanded to include families
and not just single parents. The program helps elevate families from poverty to self-sufficiency.
The reduction in funding was partially due to the limited amount of funds which can be
allocated to the Public Services category.
Neighbor to Neighbor, Inc. - Comprehensive Housing Counseling
Requested: $58,700 Recommended: $30,000
' The Commission understands that this service fills a critical community need and the agency
has a good history of service. However, the Commission also noted that some services are
provided by other entities, for example mortgage counseling also being provided by banks. The
reduction in funding was partially due to the limited amount of funds which can be allocated
to the Public Services category.
Healthy Start/Children's Clinic - Half -Time Pediatrician
Requested: $55,800 Recommended: $40,000
The Commission noted the applicant provides a vital service and has done an excellent job of
leveraging funds from other sources. The recommendation is for physician salary and benefits
and should not include audit costs.
The following applications did not receive a recommendation for funding. The following
describes the specific reasons why the Commission believes these projects should not receive
their requested funding:
TRAC - CHDO
Requested: $18,900
The Commission did not support this proposal because of the undefined use of the funds.
IM,
June 6, 1995 '
City of Fort Collins - Land Acquisition for Affordable Housing
Requested: $500,000
The Commission noted that City staff was very reluctant to submit a proposal for CDBG funds.
However, after hearing suggestions from a variety of individuals, including members of the
Affordable Housing Board, that the City should provide land for affordable housing
development, staff submitted the request as a 'fall -back" proposal not knowing what other
requests were to be submitted. The Commission rejected the proposal as being too vague. The
Commission recommends the City explore public/private partnerships and to come back for
funds for land acquisition which includes more specific project(s).
Neighbor to Neighbor, Inc. - Acquisition of Real Propertyfor Transitional Housing
Requested: $185,000
The Commission rejected this proposal because it lacked identification of a specific property.
There was also an uncertainty that property could be found for purchase with the requested
funds. The project had a high cost and showed a low amount of leveraging of other funds.
Colorado Housing Assistance Corporation - HOPE 3 Home Ownership for People with
Developmental and Mental Disabilities
Requested: $100,000 '
There was uncertainty concerning the applicant's ability to accomplish their goals with the
amount requested. The project was also undefined. The funding request was deemed an
excessive amount to benefit only ten people.
Elderhaus Adult Day Care Program - Renovate North Facility
Requested: $75,000
The Commission noted the applicant provided a valuable service but were uncertain about the
ability to leverage additional funds since many contributors were as yet undefined. There was
also a concern about long-term land ownership.
Crossroads Safehouse - Structural Upgrade, Safety Upgrade, and Kitchen Remodel
Requested: $155,000
The Commission agreed that the overall program is very important but did not believe the
proposal to be a high CDBG priority. The Commission believes the building structure to be
basically sound and that the proposal does not provide for an increase of additional services.
There was also a concern of asbestos problems and additional expenses that may surface in the
remodeling effort.
150
' Radio Reading Service of the Rockies, Inc June 6, 1995
Requested: $7,000
While the Commission agreed the proposal provides a valuable service, there was only a small
Fort Collins clientele. The proposal represented a high level of funding per client and offered
no leveraging, being completely dependent on CDBG funds. "
Ken Waido, Senior Planner, stated adoption of the Resolution will determine which programs
and projects will receive funding from the City's CDBG Program which is a grant and aid
program from HUD. He spoke of the process and criteria used by the CDBG Commission to
arrive at its recommendations for funding.
Linda Coxson, 3115 Sumac, CDBG Commission Chairperson, spoke of the joint worksession
with the Affordable Housing Board and of the allocation of HOME funds. She spoke of the
Affordable Housing Public Forum and stated the forum had addressed some serious issues
relating to community needs for affordable housing. She stated the Commission has appointed
a task force to review the application process for the 1996-97 Program year, especially the
financial section.
Bobbie Guye, 221 West Douglas Rd., CDBG Boardmember, stated the decisions made this year
were geared towards affordable housing, health care options, and child care.
Bill Steffes, 430 1/2 Laporte Ave., CDBG Boardmember, stated the decisions were difficult this
year and were focused on projects aimed towards low cost housing.
Public Hearin¢
Jennifer Jones, President of the Crossroads Safehouse Board of Directors, asked that the request
for $19,000 for fencing, lighting, and roof repair be honored.
Betty Maloney, 1309 City Park Ave., stated the Affordable Housing Board was pleased to see
evidence of the concern for affordable housing expressed by the funds set aside for housing
related projects.
Rusty Collins, representing Neighbor to Neighbor, spoke of its application for $58,000, and
stated Neighbor to Neighbor is in the process of diversifying its income base by developing a
foundation and forming a "for profit" branch to bring in unrestricted funds.
Mary Cosgrove, Director of Project Self -Sufficiency, thanked Council and the CDBG
Commission for past support and spoke of other funding received by Project Self -Sufficiency.
Wendy Robinson, Executive Director, Food Distribution Center, thanked the Commission for
recommending their project for funding. The project is the renovation of a walk-in cooler.
151
June 6, 1995
Lisa Rickenbach, representing the Child Care Collaborative Group, thanked the Commission '
for recommending approval of their request for funding to provide sliding fee child care for low
income families.
Yolanda Nicely, 300 E. Harmony Rd., requested funds to relocate the Pioneer Mobile Home
Park and outlined a $236,000 proposal for a new mobile home park.
Rochelle Stephens, Housing Authority Executive Director, thanked the CDBG Commission for
its efforts in meeting the unmet needs of the community. She pointed out that $235,000 has
been set aside in CDBG funds for land acquisition for mobile home park development.
Mike Nicely, 300 E. Harmony Rd., supported the $235,000 set aside for acquiring property for
mobile home park development.
Councilmember McCluskey asked about the administrative costs for the CDBG Program.
Ken Waido replied the administrative costs cover the salaries and benefits of a full-time
program administrator and a support staff person and the associated operating costs. He stated
that in the past, a portion of his compensation and a portion of the compensation of the Planning
Director was paid from CDBG grant monies but that practice has been eliminated.
Interim City Manager Jones stated that administrative costs make up 8.6% of the total grant '
allocation although HUD guidelines permit up to 20%. The General Fund subsidizes the
remainder of the costs.
Mayor Azari suggested reducing the amount contributed by the CDBG grant for administrative
costs by another $20,000. The General Fund would then contribute an additional $20,000 in
support of CDBG needs. She stated the General Fund would then be absorbing about 95% of
the administrative costs of the Program.
Interim City Manager Jones suggested staff look at this suggestion during the 1996 budget
process and examine the trade-offs among the other competing items.
Councilmember McCluskey made a motion, seconded by Councilmember Smith, to adopt
Resolution 95-76 and amend the resolution as follows:
Include an additional $19,000 for Crossroads Safehouse;
Reduce from 8.6% to 5%, the portion of the administrative costs paid out of CDBG
Program Funds;
Place the difference between the 5% and the 8.6% (less $19,000 for Crossroads
Safehouse) in the CDBG Contingency fund.
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' June 6, 1995
Rusty Collins, Neighbor to Neighbor, asked that part of the contingency money be used to fund
an additional $9,000 that was cut from their original request.
Waido responded that the public service category allocation was already at its limit and there
is no room for an additional $9,000 in that category.
The vote on Councilmember McCluskey's motion was as follows: Yeas: Councilmembers
Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Councilmember Janett made a motion, seconded by Councilmember Smith, to adopt Ordinance
No. 77, 1995, on First Reading. The vote was as follows: Yeas: Councilmembers Azari,
Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Ordinance No. 78, 1995,
Amending Section 5-27 of the Code Regarding
Roof Covering Requirements, No Action Taken.
' The following is staff's memorandum on this item.
"Executive Summary
At the March 21 Council meeting, the Poudre Fire Authority Board of Directors and the
Building Review Board were asked to review the recently passed roofing Ordinance No. 189,
1994. The primary reasoning for this review cited were the costs associated with Class A
materials and the Class A standard is too stringent. The Building Review Board met on March
31 and voted to rescind its support for the ordinance. Moreover, the Building Review Board
voted to support the Larimer County roofing ordinance which calls for Class B roof covering
material in the mountainous areas of Larimer County and Class C materials in the remainder
of unincorporated Larimer County. It was felt by the Building Review Board, that Class C
materials, including treated wood shake shingles, were adequate. The mountainous areas are
defined by the area west of Overland Trail in the Fort Collins vicinity. Class C roofing
materials are designed to meet the minimum requirements for light fire hazards.
The Poudre Fire Authority Board of Directors met on April 25 and voted to recommend an
amendment to the roofing ordinance. The Poudre Fire Authority Board reasoned that the
amendment would allow more time for those homeowners with non -treated wood shake shingles
to comply with the ordinance, moreover, the amendment would allow homeowners to use Class
C shake shingles for roof replacement until the year 2000. This change should help those
homeowners who may be faced with a sudden need to replace their roofs due to hail or other
153
June 6, 1995
storm damage. During discussions at the PFA Board meeting, representatives from two roofing ,
contractors were present and In agreement with this amendment. At the May 23,1995 Poudre
Fire Authority Board meeting, the PEA Board voted to affirm the amendment. This amendment
is referred to as Option A.
January 3, 1995
Council passes Ordinance No. 189, 1994 on first reading 7-0.
At Council request, historical structures coverage added.
February 14, 1995
Council passes Ordinance No. 189, 1994 on second reading 7-0.
Historical structures are allowed to use Class C shake shingles.
March 21, 1995
Questions raised by John Meleski about Ordinance No. 189, 1994 costs. Council requests
review by Poudre Fire Authority Board and Building Review Board.
March 31, 1995
Building Review Board votes to rescind support for Ordinance No. 189, 1994. '
April25, 1995
PFA Board votes to recommend amendment to allow Class C shake shingles for roof
replacement until the year 2000.
April 27, 1995
Building Review Board voted to not support the proposed amendment and recommended
again that Council adopt the resolution passed by the Larimer County Commissioners
on December 5,1994.
May 23, 1995
The Poudre Fire Authority Board votes to reaffirm the April 25,1995 amendment also
known as Option A.
The immediate effect of Ordinance No. 189, 1994 is the discontinuance of non -treated and Class
C treated wood shake shingles on new construction.
July 1, 1995. All new construction will require Class A roof covering materials, except for one
and two family dwellings which may use mineral surfaced Class C rated roof covering '
materials. Class C wood shake shingles may be used for roof replacement, not new
154
June 6, 1995
construction. Historical buildings as designated by the Landmark Preservation Commission
(LPC) will be allowed to use Class C wood shake shingles.
After December 31, 1999. All new and full replacement roofs must use Class A roof covering
materials, except one and two family dwellings which may continue to use Class C rated
mineral surfaced materials. Class C wood shake shingles would no longer be allowed on full
and replacement roofing exceeding 50% of the roof surface.
Until December 31, 2015. if no more than 507o of an existing non -rated roof is replaced, Class
B or Class C mineral surfaced materials and Class C wood shake shingles would be allowed.
Ir �
The Poudre Fire Authority recommends adoption of the proposed amendment, Option A. By
adopting this amendment, the homeowner is given more flexibility in choosing a roof
replacement in the event of sudden damage caused by storms. In addition, adoption of this
amendment allows the homeowner more time to meet the compliance dates.
Class C wood shake shingles would be allowed as replacement roof covering until the year
2000. All new construction both commercial and residential would have to use Class A
materials, except as noted above.
The Building Review Board recommends adoption of the roofing ordinance passed by the
Larimer County Commissioners, Option B.
Finally, the null altefwativie or no changes is always present. This option would leave
Ordinance No. 189, 1994 intact as passed on February 14,1995.
Testing
Throughout this process, much of the discussion has centered on testing methods and the
outcome of those tests. It is the stance of the Poudre Fire Authority that, although some wood
shake shingles have been subjected to various rests for fire retardency, those products lose that
retardency over time. Moreover, the testing conducted on these products are performed in
ideal conditions and cannot be expected to replicate actual experiences.
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June 6, 1995 '
In addition, the model building codes (1991 Uniform Building Code) and fire codes (1991
Uniform fire Code) have been used as justification for the adoption of Larimer County roofing
ordinance. It must be fully understood by Council that these model codes represent minimum
standards. Moreover, the code developers expect and encourage local jurisdictions to adopt
more stringent regulations as they see f t. By adopting the model codes, the City of Fort Collins
has set a minimum standard. Both the Building Code and Fire Code are replete with local
amendments that control such areas as fire sprinkler systems in high rise buildings as well as
in commercial buildings. It is not unprecedented for the City of Fort Collins nor other
jurisdictions to adopt more stringent regulations pertaining to communityfire protection. "
Mike Pretz, Fire Prevention Officer, Poudre Fire Authority, explained the two options provided
and stated the PFA Board recommended adoption of Option A. He stated Option A contained
language to modify the current ordinance and allows homeowners the use of Class C wood
shake shingles for replacement roofing until the year 2000. This will give homeowners an
extended period of time to make roof replacements in the event of hail damage or some other
catastrophic event.
Felix Lee, Chief Building Official, spoke of the Building Review Board involvement in the
roofing issue. He stated the BRB has recommended Council repeal the current ordinance in
favor of the Larimer County Class C regulation. The Board formally considered and rejected
Option A as presented. '
Mike Sutton, Building Review Board Chairperson, explained the position of the Board and
stated the Board supported Option B.
Bill Elliott, 3430 Terryridge Rd., PFA Chairperson, stated the Authority recommended Option
A. He spoke of safety issues and encouraged Council to adopt Option A.
John Meleski, 1072 Sundering Drive, Building Review Boardmember, provided background
on the roofing issue and asked Council to adopt a Class C roofing ordinance (Option B).
Mayor Azari asked if PFA is comfortable with the County ordinance.
Pretz replied that the Authority is not comfortable with the County ordinance because it is a
minimum rating. He stated the City would like a higher standard because of density.
Councilmember Wanner made a motion, seconded by Councilmember McCluskey, to adopt
Ordinance No. 78, 1995, Option A.
John Meleski, BRB Boardmember, read a letter on behalf of John Freeman "of the-Larimer - --
County Appeals Board. Mr. Freeman expressed his opposition to the adoption of a Class A
roofing ordinance.
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June 6, 1995
John Barnett, Latimer County Director of Planning, gave background information on the
County's process and why the County came to its decision. He stated the County considered a
full range of options. A series of five forums were held to present information and about 100
persons gave input at the forums. A public hearing was held jointly by the Planning
Commission and the County Building Board of Appeals and a final public hearing was held
before the County Commissioners. The majority of the input supported a Class C standard.
Roger Dechairo, Chairperson of the Latimer County Board of Appeals, spoke of the advantages
of continuity Bess the City mtdCounty building departments. He urged adoption of a Class
C ordinance.
Brett Harris, Mile -High Building Material, spoke of covenants that mandate wood shake
shingles and stated the Class C standard is most common along the front range.
Richard Bosted, retired fire chief, agreed with the PFA proposal but stated he believed the year
2000 was too far out and would delay a degree of fire safety in the community that could be
reached sooner.
Stewart Bower, local roofer, stated the Class A ordinance was overkill and supported the Class
C fire rating.
' Dale Kirkley, President, Choice Roofing, supported Option B and stated the Class C rating
makes more sense.
Councilmember Kneeland stated she would not support the motion to adopt Option A. She
stated she was interested in a safe community but also in what is reasonable and safe choiceand
that appears to be a Class C standard.
Councilmember Smith stated he would not support the motion because of issues of consistency.
He stated he would support Option B if the issue of homeowner's association covenant mandates
could be solved.
Councilmember Wanner stated he would support his motion because the ordinance gives the
community a good standard of protection and is the best option.
City Attorney Roy clarified that the ordinance adopted in February would remain in effect if
neither of these options were adopted.
Mayor Azari stated she would not support Option A because it is too complicated and because
she would prefer consistency among the County and City building inspection offices. There are
too many exceptions in Option A.
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June 6, 1995 '
The vote on Councilmember Warner's motion to adopt Ordinance No. 78, 1995, Option A, was
as follows: Yeas: Councilmembers Janett, McCluskey, and Wanner. Nays: Councilmembers
Azari, Kneeland and Smith.
THE MOTION FAILED TO PASS.
Councilmember Smith made a motion, seconded by Councilmember Kneeland, to adopt
Ordinance No. 78, 1995, Option B, with the following amendment:
Add a Section that states: "No covenants will limit the use of roof materials as long as they
meet a Class C standard."
City Attorney Roy clarified that the effect of the amendment would be to have a Class C
requirement with a provision that homeowner's covenants could not mandate the use of certain
roofing materials. He stated that if Option B and the amendment are adopted on First Reading,
he would explore the proposal and advise Council of any legal issues prior to Second Reading.
Councilmember Wanner stated he would not support the motion because it weakens the current
standards.
Councilmember Janett stated she would not support the motion and favored retaining higher I
standards.
The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Azari,
Kneeland and Smith. Nays: Councilmembers Janett, McCluskey and Wanner.
THE MOTION FAILED TO PASS.
Mayor Azari stated the current ordinance adopted in February remains in place.
Resolution 95-77 Recommending Denial of a Waiver
of the UGA Contiguity Phasing Criteria Requirement
for the Stream Side PUD.Adopled•
The following is staff's memorandum on this item.
"Executive Summary
The waiver request pertains to the proposed Stream Side P. U.D. consisting of 169 single-family
lots on 83.45 acres located east of Interstate 25 and south of County Road 48 (E. Vine Drive).
The request for a waiver from the one -sixth (1/6th) contiguity phasing criteria requirement
should be denied since it does not qualify as an "in -fill" development proposal, but rather a '
"sequential" development proposal. Sequential development proposals are proposals in
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essentially undeveloped portions of the Urban Growth Area that require the extension or
upgrading of basic infrastructure and other services and facilities before they can proceed. The
City staff has concern about the intensity and timing of this development. This is an urban
development at urban densities outside of the City limits. The closest urban level development
is the approved but yet to be constructed Waterglen P. U.D. approximately 112 mile to the west
on Vine Drive on the west side of 1-25. The impact of the proposed development on existing
services and facilities would be substantial. This development proposal would jeopardize the
public health, safety, and welfare and would impair the intent and purpose of the Urban Growth
Area Agreement. Staff has recommended that the proposed project be denied in our County
Referral comment letter (see attachment).
BACKGROUND:
According to the UGA Agreement, development proposals in the UGA, which are not eligible
for annexation into the City, are required to address a series of phasing criteria including the
provision of public water and sewer utilities, construction of on -site, adjacent, and off -site -
streets, and contiguity to existing development. Given the level of existing development in some
portions of the UGA, it was recognized that new development proposals in these areas would
not be able to satisfy one, or more, of the phasing criteria. A major goal of many of the policies
of the UGA Agreement is to encourage "infill" projects where public services and facilities exist
' versus development proposals in essentially undeveloped portion of the UGA requiring the
extension of services and facilities. So, while it was highly desirable to encourage development
of these in -fill sites, the strict enforcement of the phasing criteria essentially precluded their
development. Therefore, a process was established whereby one, or more, of the phasing
criteria could be waived provided the development proposal did not result in unplanned public
expenses for public services, improvements, or facilities.
However, City staff has recommended to Larimer County, denial of the entire project. The
proposed project does not qualify as an "in -fill" development. The proposed project is
considered a sequential development proposal. Sequential development proposals are
proposals in essentially undeveloped portions of the Urban Growth Area that require the
extension or upgrading of basic infrastructure and other services and facilities before they can
proceed. The City staff has concern about the intensity and timing of this development. This
is an urban development at urban densities outside of the City limits. The closest urban level
development is the approved but yet to be constructed Waterglen P. U.D. approximately fh mile
to the west on Vine Drive on the west side of 1-25. The impact of the proposed 169 single-family
lots on existing services and facilities would be substantial.
The proposed project would jeopardize the public health, safety, and welfare and would impair
the intent and purpose of the Urban Growth Area Agreement. Therefore, staff recommends
adoption of the resolution denying a waiver of the one -sixth (1/6th) contiguity phasing criteria
requirement for the Stream Side P. U.D. "
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June 6, 1995 '
Michael Ludwig, City Planner, gave the staff presentation on this item. He stated City staff has
recommended denial of the entire project through the County referral process due to the timing
of the proposal and the intensity of the development in this location. He stated the proposed
development does not qualify as an infill development and is not contiguous to any existing
development. The development would impair the intent and purpose of the UGA agreement.
He asked Council to adopt the resolution denying the waiver.
Councilmember Kneeland made a motion, seconded by Councilmember Wanner, to adopt
Resolution 95-77.
Duane Lebsack, owner and developer of Stream Side PUD, described the proximity of this
proposed development to existing development and disagreed that the project is not infill
development. He stated the density would be 2.14/acre on the gross acreage and all the utilities
are in place.
The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Azari,
Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Resolution 95-78 Making Findings of Fact ,
Regarding the Appeal of the April 24,1995 P&Z Board Decision
on the Ponds at Overland Trail R-F Cluster Development Plan
and Preliminary Plat, Adopted.
The following is staff's memorandum on this item.
"Executive Summarx
The April 24, 1995 Planning and Zoning Board's decision on The Ponds at Overland Trail R-F
Cluster Plan and Preliminary Plat was appealed by Councilmember Apt. The appeal was
considered by Council on May 30, 1995.
At the May 30, 1995 hearing on this matter, Council considered the testimony of City staff, the
appellant and parties -in -interest regarding The Ponds at Overland Trail R-F Cluster
Development Plan and Preliminary Plat. In subsequent discussion at this hearing, Council
determined that the Board did not fail to properly interpret and apply relevant provisions of the
Code and Charter, in particular, Criterion Six of Section 29-116 of the Zoning Code.
Consequently, the decision of the Planning and Zoning Board was upheld subject to certain
modifications of the approval.
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' June 6, 1995
Council took two additional actions. First, Council modified the Planning and Zoning Board's
decision by rescinding Condition of Approval Number One pertaining to compliance with the
City's Vested Rights Ordinance, Section 29-512 of the Zoning Code, and replacing it with a new
condition. The newly worded condition contains more specific language which meets the intent
of the Annexation Agreement made between and among the City, Wallace R. Noel, and HMN
Limited Liability Company. Second, Council added a new condition of approval which converts
the design guidelines for development of lots within Cluster E into mandatory requirements. "
Councilmember Wanner withdrew from discussion and vote on this item because he did not
attend the May 30 appeal hearing.
Councilmember McCluskey made a motion, seconded by Councilmember Janett, to adopt
Resolution 95-78. The vote was as follows: Yeas: Councilmembers Azari, Janett, Kneeland,
McCluskey and Smith. Nays: None.
THE MOTION CARRIED.
Resolution 95-79 Amending Resolution 95-54
with Regard to Appointments to the Ethics Review Board
and the Governance Committee, Adopted.
The following is staff's memorandum on this item.
"Executive Summary
At the recent Council retreat, Councilmembers expressed a desire to have the same
Councilmembers serve on both the Ethics Review Board and the Governance Committee. These
two committees do not individually require monthly meetings. If the same Councilmembers
serve on both committees, they could set a regular meeting date/time each month, at which time
either committee could convene depending on whether or not there are issues to be considered.
If there are no issues for either committee to consider, the regular monthly meeting will be
canceled.
This Resolution amends Resolution 95-54 to name three Councilmembers who will serve on
both the Ethics Review Board and the Governance Committee. In addition, the Resolution
appoints an alternate member to the Ethics Review Board. Following appointments, a meeting
will be scheduled so that the Councilmembers can pick a suitable date/time to meet on a regular
basis. "
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June 6, 1995 '
Councilmember Smith made a motion, seconded by Councilmember McCluskey, to adopt
Resolution 95-79, inserting the names of Councilmembers Azari, Janett and Smith with
Councilmember McCluskey as the alternate to the Ethics Review Board. The vote was as
follows: Yeas: Councilmembers Azari, Janett, Kneeland, McCluskey, Smith and Wanner.
Nays: None.
THE MOTION CARRIED.
Resolution 95-80 Extending the Process for
Appointing the City Manager, No Action Taken.
The following is staff's memorandum on this item.
uu!
The City Council established a process for the selection of the new City Manager. Through that
process, as later amended by the Council, final candidates were identified and interviewed by
various committees and City Council. A leading candidate, Mr. John Fishbach, was identified
as a result of the process. The purpose of tonight's agenda item is two fold: (1) Council will
consider meeting in executive session with a delegation that has collected background
information from Vancouver, Washington, where Mr. Fishbach is presently serving as City '
Manager; and (2) the Council will determine whether to interview additional finalists for the
position of Fort Collins City Manager.
BACKGROUND.
Through the adoption of Resolution 94-205 and Resolution 95-6, the City Council has
established a process for selecting a new City Manager. The process has involved the
utilization of an executive search firm, two council committees, two employee committees and
a citizen committee. Through that process, approximately 170 applications were received for
the Fort Collins City Manager position. After screening by the search firm, the names of 15
potential finalists were submitted to the City Council. That list of potential finalists was
narrowed to 7, of which 3 were ultimately interviewed by the Council. Of that 3, the leading
candidate proved to be John Fishbach, City Manager of Vancouver, Washington.
On May 30, 1995, the Council authorized a delegation of individuals, consisting of Mayor Pro
Tern Gina Janett, Councilmember Bob McClusky and City Attorney Steve Roy, to visit
Vancouver, Washington for the purpose of gathering additional information from that
community regarding Mr. Fishbach. At tonight's Council meeting, the Council will consider
adjourning into Executive Session to receive feedback from the delegation.
Additionally, the Council has requested that the search firm, PAR Group, identify additional '
possible finalists for the City Manager position in the event that the Council determines that
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June 6, 1995
additional interviews may be warranted. Resolution 95-80 has been prepared for the City
Council's consideration in the event that Council does choose to conduct additional interviews."
Councilmember Janett reported on the recent trip to Vancouver, Washington made by
Councilmember McCluskey, City Attorney Roy and herself. She spoke of the interviews held
with a broad range of people including state representatives, county employees and elected
officials, City department heads, people from the business community, the development
community, the environmental community, people involved with the neighborhood program,
union presidents, Chamber of Commerce and Convention and Visitors Bureau representatives,
and newspaper representatives.
Councilmember McCluskey stated the trip was an excellent opportunity to go to another
community and discuss issues Fort Collins is facing.
Mayor Azari stated the committee who travelled to Vancouver had some information to be
shared with the entire Council in an Executive Session.
Executive Session Authorized
Councilmember Kneeland made a motion, seconded by Councilmember Janett, to adjourn into
Executive Session for the purpose of discussing personnel matters related to the hiring of a new
' City Manager. The vote was as follows: Yeas: Councilmembers Azari, Janett, Kneeland,
McCluskey and Wanner. Nays: Smith.
THE MOTION CARRIED.
Meeting Reconvened
At the conclusion of the Executive Session, the regular meeting reconvened.
Councilmember Janett made a motion, seconded by Councilmember McCluskey, to invite John
Fischbach to Fort Collins to discuss possible employment with the City of Fort Collins. The
vote was as follows: Yeas: Councilmembers Azari, Janett, Kneeland, McCluskey, Smith and
Wanner. Nays: None.
THE MOTION CARRIED.
Ordinance No. 81,1995
Amending Section 4 of Ordinance No. 179,1993,
for the Purpose of Continuing the Effective Date of
Said Ordinance until September 15,1995,
Adopted on First Reading,
' The following is staff's memorandum on this item.
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June 6, 1995
"Executive Summary '
Ordinance No. 179, 1993 amended the minimum lot size of the NCM, Neighborhood
Conservation Medium Density Zoning district. The amendment was for a limited time period
to preclude the development of secondary residential structures within the Eastside and
Westside neighborhoods until December 31, 1994 or until design criteria supplemental to the
neighborhood plans could be developed, whichever came first. Because of delays in the project,
two previous extensions of the termination date of Ordinance No. 179, 1993 have been
approved by the Council. An additional extension is requested in order to allow time for a
study session to be held with regard to the proposed new design criteria and to allow members
of the City Council to receive an advisory opinion from the Council Ethics Review Board on the
question of whether those Councilmembers who reside or own property in the areas affected
by the design criteria have a conflict of interest in participating in Council's deliberations
regarding this item.
BACKGROUND:
Ordinance No. 179, 1993 was passed by the Council as an emergency ordinance on December
21, 1993. The Ordinance amended the minimum lot size in the NCM, Neighborhood
Conservation Medium Density zoning district from 4,500 square feet to 5,500 square feet. This
was done to preclude the development of secondary residential structures on small lots in the
Eastside and Westside neighborhoods until design criteria could be established. These criteria '
would address work affecting the exterior of properties as seen from public ways and would
help protect the established character of the neighborhoods. The amendment was to stay in
effect until December 31, 1994 or until design criteria had been adopted by the City Council,
whichever came first.
Work on this project was due to start in June, 1994. However, due to unanticipated projects,
such as development of the Land Development Guidance System (LDGS) phasing criteria,
Harmony Corridor Plan Update and the "superstore" project, which required shifts in staff
resources, and staff turnover, implementation of the project was delayed. In December, 1994,
Council granted a five month extension to the interim minimum lot size to allow additional time
to complete the design guidelines. The intensive process of developing the guidelines began in
December with initial discussions between staff and the consulting team. An Advisory
Committee was also formed in December consisting of residents of the Eastside and Westside
neighborhoods, the Landmark Preservation Commission, the Affordable Housing Board and
one at -large member. A public outreach process was begun in January with a workshop that
was attended by 100 people. A total of three public workshops were held in conjunction with
this project. The guidelines have received the support of the Affordable Housing Board, the
Landmark Preservation Commission and the Planning and Zoning Board.
A second extension of Ordinance No. 179, 1993 was granted by the Council on May 16, 1995,
to June 30, 1995, to allow additional time to complete the final review of the design criteria. '
The Ordinance had been scheduled for first reading on June 6. However, three
Councilmembers who reside or own property in the areas which will be affected by the new
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June 6, 1995
' design criteria have requested an opinion from the Council Ethics Review Board as to whether
their ownership and/or occupancy of such property creates a conflict of interest which would
prevent them from participating in Council's deliberations. Additionally, the Council
Leadership Team has suggested that this item be presented to the Council at a study session
before formal action is taken with regard to the item. It is anticipated that the study session will
be held on July 11. In order to allow adequate time for the receipt of the opinion from the
Ethics Review Board and study session, as well as additional time to make any changes in the
Ordinance which may result from the study session, another extension of Ordinance No. 179,
1993 is being requested. Approval of Ordinance No. 81, 1995 would extend the expiration date
of Ordinance No. 179, 1993 until September 15, 1995 or such earlier date as the supplemental
design criteria have been adopted by the Council. At its June 5, 1995 meeting, the Planning
and Zoning Board supported this requested extension by unanimous vote. "
Interim City Manager Jones stated that because the item related to the Eastside/Westside Design
Guidelines was withdrawn from the agenda, it is necessary to consider an ordinance that would
extend the effective date of the moratorium relating to minimum lot size for the NCM zoning
district.
City Attorney Roy explained that the effect of the adoption of this ordinance would be to extend
the expiration date of the ordinance that made changes in the minimum lot size in the NCM
zoning district. The extension would be through September 15.
' Councilmember Kneeland made a motion, seconded by Councilmember Janett, to adopt
Ordinance No. 81, 1995, on First Reading.
City Clerk Krajicek read the ordinance in its entirety.
Interim City Manager Jones stated there is a study session scheduled for July I and the
Guidelines are tentatively scheduled to come back for Council consideration on August 1.
The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmember Azari,
Janett, Kneeland, Smith and Wanner. Nays: McCloskey.
THE MOTION CARRIED.
Other Business
Councilmember Smith requested a breakdown of dollars allocated on First Reading for e-mail
system components.
Councilmember Wanner stated there may be an opportunity to do a low to moderate, mixed,
public/private demonstration project for housing in the Provincetowne area. He suggested the
' City explore using the Provincetowne property as a demonstration for mixed types of
development. He asked for feedback before the RFP is issued.
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June 6, 1995
Councilmember Kneeland asked that the Finance Committee discuss Councilmember Warmer's
suggestion.
Councilmember Janett requested a two -page memo concerning the City's foothills policy.
Executive Session Authorized,
Councilmember McCluskey made a motion, seconded by Councilmember Smith, to adjourn into
Executive Session to discuss a legal matter related to an adversarial situation. The vote was as
follows: Yeas: Councilmembers Azari, Janett, Kneeland, McCluskey and Wanner. Nays:
Councilmember Smith.
THE MOTION CARRIED.
Adjournment
At the conclusion of the Executive Session, Councilmember McCluskey made a motion, seconded
by Councilmember Wanner to adjourn the meeting to Friday, June 9, at 6:30 p.m. to consider
adjourning into Executive Session to discuss personnel matter related to the selection of a City
' Manager. The vote was as follows: Yeas: Azari, Janett, Kneeland, McCluskey, Smith and Wanner.
Nays: None.
THE MOTION CARRIED.
The meeting adjourned at 1:15 a.m.
ATTEST:
I
City Clerk
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