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HomeMy WebLinkAboutMINUTES-06/03/1997-RegularJune 3, 1997 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, June 3, 1997, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Yeas:-Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. Staff Members Present: Fischbach, Roy, Krajicek. Citizen Participation Nicole Rosmarino, representing the Center for Public Policy at CU Boulder, presented Council with materials regarding the eradication of prairie dogs in open space areas. She spoke of ethical and environmental reasons for not exterminating prairie dogs. Bob Gifford, 1813 Essex Drive, spoke in opposition to the camera radar program and also opposed the new time limit placed on citizen participation. Lynn Hull, P.O. Box 1239, strongly opposed extermination of the prairie dog population and urged relocation as an alternative to poisoning. Ed Ruff, 3213 Alumbaugh Court, support eradicating the prairie dog population and commented on the destruction they cause to his vegetation and potential diseases they may carry. Ray Hogner, a Fort Collins resident, spoke in support of controlling the prairie dog population. Scott Keating, a Fort Collins resident, spoke in opposition to eliminating the prairie dogs and of the need to construct ecological barriers. Barbara Wade, 236 Fischbach, opposed exterminating prairie dogs and of the need to preserve the ecosystem. Nancy Dunovan, resident in Taft Canyon, disagreed with poisoning the prairie dogs, stating it is a cruel attempt to control the prairie dog population. June 3, 1997 Mollie Schlesser, Wellington, Colorado, opposed the methods used in controlling the prairie dog population. She stated that if these types of measures were taken against dogs and/or cats, owners would be arrested. Kay Lender, 1905 Sheely Drive, urged Council to stop the eradication of prairie dogs and spoke of the need to be more efficient in construction of ecological barriers. Roy Schute, property owner County Road 32, spoke in support of prairie dog control and stated he did not believe environmental controls work. Jennifer Vanetta, a Fort Collins resident, opposed eradicating the prairie dogs and stated Council should consider the ecological aspect of the issue. Mary May, a Fort Collins resident, strongly supported moving the prairie dogs in a humane way but emphasized the need to do something. Citizen Participation Follow-up Councilmember Smith responded to Mr. Gifford's comments regarding camera radar and commented the Traffic Tamer's Program only allows people to monitor speeds in their neighborhoods. City Manager John Fischbach responded to Mr. Gifford's concerns and reported on the concept of the Traffic Tamers program. He clarified participants are not allowed to write tickets. Councilmember Byrne spoke of the importance of the prairie dog issue and thanked everyone for expressing their comments and concerns to Council. Agenda Review City Manager John Fischbach stated that a new Item 47, Second Reading of Ordinance No. 76, 1997, Appropriating Prior Year Reserves and Unanticipated Revenue in the Capital Expansion Fund for Improvements Relating to Community Parks, was included in Council's "Read Before the Meeting" packet. He stated the petitioner has requested that Item #23, Resolution 97-62 Recommending Denial of a Waiver of the UGA Public Street Capacity Phasing Criteria Requirement for the Aurora Hills Subdivision, be postponed to the next meeting. The Consent Calendar consists of Item Numbers 7 through 24. 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 427 June 3, 1997 "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #30, Pulled Consent Items. 7. Second Reading of Ordinance No 76 1997 Appropriating Prior Year Reserves and Unanticipated Revenue in the Capital Expansion Fund for Improvements Relating to Community Parks. In May 1996, the City Council adopted Ordinance No. 51, 1996, which created Capital Expansion Fees to be used to pay for library services, community parkland, police services, fire services, and general governmental facility services. These fees are paid by persons obtaining residential building permits within the City. The fees are used to pay for services the City provides for new city residents. Ordinance No. 76, 1997, which was unanimously adopted on First Reading on May 20, 1997, and appropriates a portion of the fees collected for community parkland. 8. Second Reading of Ordinance No 77 1997 Amending Section 28-17 of the City Code Relating to the Appointment of the City's Traffic Engineer Under the "Model Traffic Code for Colorado Municipalities." 1977 Edition Ordinance No. 77, 1997, which was unanimously adopted on First Reading on May 20, 1997, amends Section 28-17 of the City Code by adding a subsection to amend Section 23-8 of the MTC. This amendment is consistent with the City Charter and provides that the Traffic Engineer shall be appointed by the City Manager and shall work under the supervision of the City's Director of Transportation Services. 9. Second Reading of Ordinance No 78 1997 Amending Chapter 3 of the City Code Relatin" to Alcoholic Beverages Colorado Revised Statutes authorize that the City of Fort Collins, through its City Council, may adopt specific standards for the issuance of optional premises licenses and for optional premises for a hotel and restaurant license for outdoor sports and recreational facilities as defined in the Statutes. Currently a genuine need exists to consider creating optional premises licenses in Fort Collins as portions of SouthRidge Golf Course, because of the large surface area, is separated by public roads or private property, thereby making the contiguity requirements associated with other types of liquor licenses difficult to comply with and administer. An amendment to the City Code relating to Alcoholic Beverages is need to create optional premises licenses. Ordinance No. 78, 1997 was unanimously adopted on First Reading on May 20, 1997 and amends Chapter 3 of the City Code creating the optional premises licenses. 10. Second Reading of Ordinance No 79 1997 Authorizing Conveyance of Easements to Charles R. Nauta and Connie L. Nauta BE June 3, 1997 On April 6, 1995, the City and the Nautas entered into a "Release and Settlement Agreement", in order to settle and compromise the claims asserted by the Nautas against the City in the Lawsuit pertaining to the alleged interference with the Nautas underground water. Under the Settlement Agreement, the City agreed to construct certain improvements to attempt to replenish the Nautas underground water flows that the City had allegedly interfered with. The City and the Nautas also agreed in the Settlement Agreement that upon completion of the construction of such improvements by the City that the City would grant to the Nautas certain easements for underground drains across the City's Property. Ordinance No. 79, 1997, which was unanimously adopted on First Reading on May 20, 1997, approves the Settlement Agreement and authorizes the conveyance of the Nauta Easement and the Griffin Easement to the Nautas. This will then result in the Lawsuit being dismissed with prejudice and the City being released from all claims asserted in the Lawsuit. -vlt"R�M�Gw WILWO .To. •• 71• 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 a reserve savings account for the Service Area. These savings are intended to be used by managers to fund office equipment, furniture and minor capital needs. Managers may request the use of the savings through the City Manager. The City Manager then presents his recommendation to the City Council for approval through an appropriation ordinance. City Council adopted the savings incentive policy to provide incentives for General Fund managers to improve planning for the delivery of services to the residents of the community. Allowing managers to save and use resources from increased productivity through strategic planning emphasizes responsibility and accountability for efficient service delivery, rather than a "spend it or lose it" mentality. 12. First ReadinQ of Ordinance No. 81, 1997. Appropriating Unanticipated Revenue in th Community Life Development Block Grant Fund to be Used for an Addition to the Education and n• Center. On June 7, 1994, the City Council approved Community Development Block Grant (CDBG) funding in the amount of $121,000 for an addition to the existing building for the Education i June 3, 1997 and Life Training Center (formerly called the Volunteer Clearing House). The original proposal was for the Education and Life Training Center to match the $121,000 of CDBG funds with private foundation matching funds. The total project cost was to be $242,000. The Education and Life Training Center contacted several possible organizations, foundations, and individuals for the matching funds and were told that they would not match federal, state, or city funds. The Center was unable to come up with the matching funds and has decided to scale down the anticipated size of the project. The total project cost estimate is now $185,183. On June 6, 1996, the City Council approved an additional $19,183 of Community Development Block Grant funds for the 1996-97 program, to be used for the Education and Life Training Center project. The remaining $45,000 was raised by the Education and Life Training Center and has been paid to the City, to be disbursed by the City together with the previously appropriated grant funds. 13. First Reading of Ordinance No 82 1997 Appropriating Unanticipated Revenue in the Amount of $95 000 for the Facade Restoration of the Trimble and Binkler Block This is a request to appropriate unanticipated revenue in the amount of $95,000 for the facade restoration of the Trimble and Binkler Blocks at 132-140 and 142-144 North College Avenue. The City of Fort Collins has been awarded a State Historical Fund grant in 1997 by the Colorado Historical Society. The purpose of the grant is to restore the street front facades of the historic Trimble and Binkler Blocks in Fort Collins. The building owners will provide grant matching funds in the amount of $197,950 and will be contracting for the work. The City's role is to: (1) be the grant applicant for the project; (2) contract with the State to receive and administer the grant funds; and (3) be responsible for the distribution of the grant funds. The grant will be administered by the Advance Planning Department. The cost of this administration will be covered by the building owners' cash match for the grant. The grant funds will be distributed periodically in accordance with the grant Project Time and Payment Schedule. 14. First Readin2 of Ordinance No. 83 1997 Amending Section 5-27(42) of the City Code Regarding Foundation VentilationL When Ordinance No. 153, 1995 was adopted, it amended Section 5-27(42) of the Code containing certain provisions regarding foundation ventilation. Although the substantive provisions regarding foundation ventilation are not amended by this Ordinance, the introductory line is amended to make clear that the new foundation ventilation provisions replace entirely the provisions contained in Section 2516(c)6 of the Uniform Building Code by indicating that that section is amended by the deletion of all text therefrom and 430 June 3. 1997 substitution therefor of the new foundation ventilation language. This Ordinance does not substantively change the Code. The purpose of this Ordinance is to clarify the scope of the foundation ventilation provisions. 15. First Re diTe of Ordinance No. 84- 1997- AmendinQ Section 24-1 of the--Citv-Code to Alloxii Areas Owned b A Neighborhood Sign Recognition Program has been proposed for the purpose of recognizing and rewarding local neighborhood organizations who are committed to maintaining and improving the quality of life for all residents of their neighborhoods. Neighborhood organizations which apply and qualify for the program will have two attractive signs identifying the neighborhood posted by the City in the neighborhood. The intent of the program is to place these neighborhood recognition signs in City rights -of - way. However, the City Code currently does not allow this type of sign to be erected upon City streets, sidewalks and other publicly owned areas. This Ordinance will permit neighborhood recognition signs to be erected by the City in these areas. 16. First Reading of Ordinance No. 85. 1997. Designating the City Park Cannon as a Local Landmark Pursuant to Chapter 14 of the City Code. The owner of the object, the City of Fort Collins, is initiating this request for Local Landmark designation for the City Park Cannon. The object is important for its historical significance, and is associated with significant events and historic trends in the history of Fort Collins. The City Park Cannon is considered to be a museum object. As such, the conservation standards adopted by the Fort Collins Museum for the City Park Cannon will serve as the standards by which maintenance, restoration, alterations or changes to the object would be reviewed for compliance with the Landmark Preservation Code. A. Resolution 97-76 Authorizing the Mayor to Enter into an Agreement with the Downtown Development Authority Concerning the Acquisition of Parkland. B. First Reading of Ordinance No. 86, 1997, Vacating a Grant of Easement and Right - of -Way. 431 June 3, 1997 C. First Reading of Ordinance No. 87, 1997, Appropriating Unanticipated Revenue in the Parkland Fund and Authorizing the Transfer of Appropriations Between Funds for the Purpose of Purchasing Land Adjacent to Lee Martinez Park. The City has been working with the Lee Martinez Neighborhood Association, Wonderland Development Corporation and the Downtown Development Authority on the development of an 11.38 acre parcel of land bordering Lee Martinez Park. Wonderland is purchasing the land from Trillium Corporation for a co -housing development that will be compatible with the existing neighborhood and with the park. The City is purchasing 1.872 acres of this land from Wonderland for $132,162, which includes $12,162 for environmental assessment expenses. This parcel will be used for a new entryway into the park. The neighbors are contributing $15,000 to the City to help with this purchase and the DDA is contributing $35,000 for the same purpose. The City has also proposed to vacate an existing park easement and in exchange receive from Wonderland a .578 acre parcel on the south side of the park which slopes down to the park and is better used as parkland than for the development. 18. Items Relating to the City's Fiscal Year 1997-98 HOME Investment Partnership Program A. Resolution 97-77 Adopting the HOME Investment Partnership Program for Program Year 1997-98. B. First Reading of Ordinance No. 88, 1997, Appropriating Unanticipated Revenue for the 1997-98 HOME Program. This action establishes the program and budget for the 1997-98 program year. The HOME Investment Partnership Program is an ongoing grant program funded by the Department of Housing and Urban Development (HUD). In May of 1994, the City of Fort Collins received designation as a Participating Jurisdiction in the Housing and Urban Development (HUD) HOME Program. The intent of the HOME Program is to expand the supply of decent, safe, sanitary, affordable housing in the community, to strengthen the ability of local government to provide housing and to expand the capacity of nonprofit community -based housing development organizations to provide affordable housing. All of the HOME funds must benefit low and very low income households which are defined by the Department of Housing and Urban Development as having a total household income not to exceed 80% of the area median income. 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. The City's HOME Investment Partnership Program grant for FY 1997-98 is $533,000 from the Federal FY97 Budget. There are no General Fund dollars used for the HOME Program. 432 June 3, 1997 In May of 1994, the City of Fort Collins received designation as a Participating Jurisdiction in the Housing and Urban Development (HUD) HOME Program. The intent of the HOME Program is to expand the supply of decent, safe, sanitary, affordable housing in the community, to strengthen the ability of local government to provide housing and to expand the capacity of nonprofit community -based housing development organizations to provide affordable housing. Funding requests for the Fort Collins HOME program are received on an ongoing basis and reviewed by the CDBG Commission which then provides a recommendation for funding to Council. The HOME Program has received an application from CARE Housing, Inc. which requests a grant of $55,000 in additional HOME funding which would be used for housing counseling, construction and project management for 36 units of affordable rental housing. The request is in addition to $125,000 of HOME funds approved for the project on October 1, 1996. The reason for the additional funding request is that costs estimates for the project are higher than had been anticipated and revenues from grant requests were smaller than anticipated. The additional funding will be used for construction costs and housing counseling. 20. Resolution 97-79 Authorizing the Lands • • Acquisition• Road Realignment, The Harmony Road Realignment will be built with the development of the Overlook P.U.D beginning Spring 1998. Harmony Road will be realigned north to intersect with Taft Hill Road at County Road 38E in accordance with the adopted Street Master Plan. All of the subject properties are located north of the Overlook P.U.D. in the Imperial Estates Subdivision and partial acquisitions are necessary in order for utility relocations to take place in July ahead of the road construction. Negotiations for these properties have been going on for some time and all parties are hopeful that acquisition will be accomplished through mutually satisfactory agreements. However, this authorization will allow the City to begin condemnation proceedings if the on going negotiations are not successful so that the necessary utility relocation work can begin this summer. Therefore, staff is asking City Council for authority to initiate eminent domain proceedings for these properties. The property owners are aware of and understand that the City is taking this action and understand that staff will continue to negotiate in good faith to acquire the property. 21. Resolution 97-80 Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands for Street Oversizing -- Shields Street from Horsetooth to Troutman Parkway, 433 .June 3, 1997 The widening of Shields Street from Horsetooth Road to Troutman Parkway is scheduled for construction this fall. Eighty percent of this project consists of development improvements being constructed through the Street Oversizing Program. Twenty percent of these improvements are adjacent to the Skyline Acres Subdivision, a County subdivision which was an enclave annexation into the City. Funding for these segments were included in the Building Community Choices package of projects approved by voters in the April 1997 election. On the west side of Shields Street, south of Harmony Road, is the Skyline Acres Subdivision. These are one -acre lots originally subdivided into the County in 1960 and annexed into the City in 1986. An additional 26 feet of right-of-way is required from eight lots along the rear lot lines abutting Shields Street. Negotiations for these properties have begun and all parties are hopeful that acquisition will be accomplished by agreement. However this authorization will allow the City to begin condemnation proceedings if the negotiations are not successful. The property owners understand that the City is taking this action and that staff will continue the current good faith negotiations to acquire the property. 22. Resolution 97-81 Reappointing Gordon F. Esplin as Temporary Judge and Authorizing the Execution of an Employment Agreement In the past, Council has appointed Gordon F. Esplin as Temporary Judge (Assistant Municipal Judge). His current appointment terminates on June 30, 1997. Municipal Judge Kathleen M. Lane recommends that Mr. Esplin be reappointed for another 2-year term. Mr. Esplin is currently paid $65 per hour for his services. That rate is well below the going rate for legal fees in Fort Collins. For that reason, staff recommends an increase in the compensation paid to Mr. Esplin to $75 per hour. 23. Postponement of Resolution 97-62 Recommending Denial of a Waiver of the UGA Public Street Capacity Phasing Criteria Requirement for the Aurora Hills Subdivision Consideration of this item was postponed to June 3, 1997 to allow time for discussions among the developer of the Aurora Hills Subdivision and the City and County. The purpose of the discussions is to attempt to satisfactorily address the off -site street improvement requirements of the development in a manner which satisfies the intergovernmental agreement between the City and the County. Those discussions are ongoing, and the developer has requested that this item again be continued until the Council meeting on June 17, 1997. Adoption of the Consent Agenda will postpone consideration of this resolution until June 17. 434 June 3, /997 A. Deed of Easement from Gateway American Properties, LLC for the purpose of temporary right of way and utility, located south of Harmony Road and west of Timberline Road. Monetary consideration : $10. B. Deed of Easement from Overlook Farm Inc., for the purpose of temporary utility, located at the northwest comer of Prospect Road and I-25. Monetary consideration: $0. C. Deed of Easement from Overlook Farm, Inc., for the purpose of temporary utility, located at the northwest corner of Prospect Road and I-25. Monetary consideration: $0. D. Deed of Easement from Overlook Farm Inc., for the purpose of temporary utility, located at the northwest corner of Prospect Road and I-25. Monetary consideration: $0. E. Deed of Easement from Big D Properties for the purpose of permanent stormwater detention and utility, located at the southeast corner of Swallow Road and McClelland Drive. Monetary consideration: $0. F. Deed of Easement from Vineyard Christian Fellowship of Fort Collins, Inc., for the purpose of permanent utility located east of Lemay Avenue and south of Riverside Avenue. Monetary consideration: $0. G. Deed of Easement from BC Real Estate Investments, Inc., for the purpose of permanent utility located east of Lemay Avenue and south of Riverside Avenue. Monetary consideration: $0. Items on Second Reading were read by title by City Clerk Wanda Krajicek. 7. Second Reading of Ordinance No 76. 1997, Appropriating Prior Year Reserves and Unanticipated Revenue in the Capital Expansion Fund for Improvements Relating Community Parks. 8. Second Reading of Ordinance No. 77. 1997, Amending Section 28-17 of the City Cod Relating to the Appointment of the City's Traffic Engineer Under the "Model Traffic Code for • • .dMunicipalities 9. Second Reading of Ordinance No 78 1997 Amending Chapter 3 of the City Code Relating to Alcoholic Beverages. 435 June 3, 1997 10. Second Reading of Ordinance No 79 1997 Authorizing Conveyance of Easements to Charles R. Nauta and Connie L. Nauta. Items on First Reading were read by title by City Clerk Wanda Krajicek. 12. First Reading of Ordinance No 81 1997 Appropriating Unanticipated Revenue in the Community Development Block Grant Fund to be Used for an Addition to the Education and Life Training Center, 13. First Reading of Ordinance No 82 1997 Appropriating iating Unanticipated Revenue in the Amount of $95 000 for the Facade Restoration of the Trimble and Binkler Blocks 14. First Reading of Ordinance No 83 1997 Amending Section 5-27(42) of the City Code Regarding Foundation Ventilation, 15. First Reading of Ordinance No. 84. 1997. Amending Section 24-1 of the City Code to Allow the Placement of Neighborhood Recognition Signs on City Streets Sidewalks and Other Areas Owned by the City. 16. First Reading of Ordinance No. 85. 1997. Designating the City Park Cannon as a Local Landmark Pursuant to Chanter 14 of the City Code 17. Items Relating to the Acquisition of Land Adjacent to Lee Martinez Park A. First Reading of Ordinance No. 86, 1997, Vacating a Grant of Easement and Right - of -Way. B. First Reading of Ordinance No. 87, 1997, Appropriating Unanticipated Revenue in the Parkland Fund and Authorizing the Transfer of Appropriations Between Funds for the Purpose of Purchasing Land Adjacent to Lee Martinez Park. 18. First Reading of Ordinance No 88 1997 Appropriating Unanticipated Revenue for the 1997-98 HOME Program 27. First Reading of Ordinance No 89 1997 Appropriating -propriatin� nanticipated Revenue and Authorizing the Transfer of Appropriations Between Projects in the Community Development Block Grant Fund 436 June 3, 1997 Councilmember Smith made a motion, seconded by Councilmember Byrne, to adopt and approve all items not removed from the Consent Agenda, Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Reports Mayor Azari reported the Department of Housing and Urban Development presented the City with a plaque recognizing its efforts in creating affordable housing opportunities. Councilmember Kneeland reported the Growth Management Committee met and discussed the Urban Growth Area Intergovernmental Agreement with Larimer County. She stated the Committee's main focus this year is to work on revisions to City Plan and develop a matrix to determine its success. Councilmember Bertschy stated he has received calls from citizens regarding changes made to the East Elizabeth Street bicycle lanes and believed a neighborhood meeting should be held to discuss the issue. Councilmember Smith attended a meeting with Funding Partners and briefly outlined the organixation's composition as well as the groups objectives. Items Relating to the City's Fiscal Year 1997-98 Community Development Block Grant, Adopted. The following is staffs memorandum on this item. "Executive Summary A. Resolution 97-82 Adopting Fiscal Year 1997-98 Community Development Block Grant Programs and Projects. B. First Reading of Ordinance No. 89, 1997, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Projects 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. Resolution 97-82 will establish which programs and projects will receivefinding with Community Development Block Grant fiords for the FY 1997-98 Program year, which starts on October 1, 1997. 437 June 3, 1997 BACKGROUND: Since early.Ianuary of this year, the CDBG Commission and the City's CDBG Program staff have conducted ptublic hearings to assess community development and housing needs in Fort Collins and solicited applications for CDBG funding. Further, the Commission has reviewed the written applications, personally interviewed applicants, analyzed the applications, and formulated a list of recommendations to the City Council as to which programs and projects should receive fiaiding. The Commission utilized several criteria to determine priorities in the process to establish its list of recommendations, including: • leveraging; • acquisition versus operations; • success rate; • ability to complete proposal; • meeting community needs; • long-term impact; • fidl or partial finding; • competing projects or providers; and • alternate finding. The CDBG Program is an ongoing grant administration program funded by the Department of Horsing and Urbauu Development (HUD). The City of Font Collins has received CDBG Program funds since 1975. In 1975 and FY 1976-77 the Cily received HUD CDBG discretionary grants. Since FY 1977-78, the City has been all Entitlement Grant recipient of CDBG finds, meaning the City is guaranteed a certain level of funding each year. The level of finding is dependent on the total amount of finds 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, and other similar factors. Additional background Information oil the Chy's Community Development Block Grant Program is presented in Appendix "A" attached to this Agenda Item Summary. TRAC and DDA Issues Recently, issues have surfaced with bvo of the applications for CDBG finding. Several concerns have been identified with TRAC's Parkway Townhomes 1 project to the extent that HUD has advised the City not to make fuirther finding commitments to T RAC until the concerns can be resolved (see attached HUD letter of May 23, 1997). Funding for TRAC's land acquisition proposal was to come front reprogramming of 8162, 382 of FY 1996-97 CDBG fninnds in order to expedite the purchase of property before October 1, 1997. The finids will remain in the FY 1996-97 Program until the concerns can be resolved at which time staff will bring fonvard a resolution to June 3, 1997 Council allocating the reprogrammed funds to TRAC. Hopefully, the concerns can be resolved in a timely manner allowing the purchase of property to proceed before October 1. The DDA would also like to complete the purchase of property proposed in its $27, 000 land acquisition application before October 1. Unfortunately, FY 1997-98 CDBG funds cannot be used before October 1, and HUD regulations prohibit the use of funds to reimburse expenditures made before the start of the program year. If DDA's land purchase call be delayed until after October], then the $27, 000 of CDBG funds allocated to the DDA can be used to assist in the purchase. If the property is purchased before October 1, then the $27, 000 would fall into the FY 1997-98 Unprogrammed finds line item. The amount of the City's Entitlement Grant for FY 1997-98 is 51,188, 000. The Entitlement Grail will be combined with $50,000 of Program Income and S18,891 of Reprogrammed Funds. Combining all sources of funds/income provides the City with a total of SI, 256,891 available for programs and projects during the next CDBG Program year. The following summarizes the amount and sources of available funds: AMOUNT SOURCE 51,188, 000 FY'97 Entitlement Grant 50,000 Program Income 18,891 Reprogrammed Funds ----------------------------------------------------------------- $1, 256, 891 Total Program Income includes funds returned to the City through the payment of past housing rehabilitation loans. Reprogrammed Funds are fiords which were not expended daring the previous program year. The $18,891 was left over from the Pioneer Mobile Hone Park relocation project. Below is a summary of recent CDBG funding levels allocated from HUD to the City of Fort Collins: Entitlement Reprogrammed Program Year Grant --------------------------------- Funds Income Total Funds 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 50,000 882,000 439 June 3, 1997 1993 1,091,000 50, 000 90,000 1,231,000 1994 1,187, 000 30,000 50,000 1,267,000 1995 1,231,000 0 40,000 1,271,000 1996 1,202,000 0 40,000 1,242,000 1997 1,188, 000 18,891 50,000 1,256,891 The selection process for the Ciy's FY 1997-98 CDBG Program began on January 9, 1997, when the CDBG Commission held a public hearing to obtain citizen input on community development and housing needs The CDBG Program office placed legal advertisenietits in local newspapers starting in February and running through March, to solicit requests for CDBG funded programs and projects for FY 1997-98. The application deadline was Thursday, March 27. At the close of the deadline the City received 25 applications requesting a total of approximately SL 7 million. Copies of all applications were forwarded through the City Manager's office to the City Council on April 9 and placed in the Council Office for review. Copies of all applications were distributed to the CDBG Commission on April 10. On Wednesday April 30, and Thursday May], the Commission met to hear presentations and ask clarification questions from each applicant. The Commission then met on Wednesday, May 7, for the purpose of preparing a recommendation to the City Council as to which programs and projects should be funded for the FY 1997-98 program year. At this meeting the Commission reviewed the written applications, the applicant's verbal presentation, the information provided during the question and annver session, and reviewed the peiformance of agencies who received FY 1996-97 CDBG finds or funding in other previous years. The Commission then ivorked on formulation of their list of recommendations. A copy of the Commission's minutes from the meeting is attached. CDBG COMMISSION'S LIST OF RECOMMENDATIONS HUD CDBG regulations limit the amount of available fimds 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. This means the 20% limitation for Planning and Administrative purposes is $247, 600. Funds for Public Services are limited to 15% of the total of the Entitlement Grant and anticipated Program Income, making the maximum aniount for Public Services $185, 700. The Commission, thus, not only had to decide which applicants presetited programs and projects which best fit into the City's CDBG Program, but also had to insure finding allocations were kept within HUD regulations. ..l .June 3, 1997 The Commission utilized several criteria to determi»e priorities in the process to establish its list of recommendations. These criteria were discussed with the Council at a work session conducted in December 1995 and inchnde: HIGHER PRIORITY CRITERIA Leveraging Guideline: The leveraging of private and non federal funds is a very important consideration in making an allocation of CDBG funds. Applicants will be asked to indicate the amount of leveraging, including in -kind services, dollars, andlor 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 he 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 solely on anecdotal information. An applicant may also submit a service history of projects from other communities. Finding 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. 441 June 3, 1997 LOWER PRIORITY CRITERIA Full or Partial Funding Guideline. If funds are not available to support a proposal at the lowest acceptable level, no fimds 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 f aiding 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 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 fronds. Continued CDBG fumding from one year to the next is not guaranteed and funding is not a "right" of any applicant. 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 Conmussion's list of recommendations: 442 June 3, 1997 PLANNING and ADMINISTRATION (20% of Entitlement Grant and Program Income) RECOMMENDED REQUEST FUNDING APPLICANT PROGRAM/PROJECT $116,259 5116,259 City of Ft. Collins CDBG Administration ACQUISITION RECOMMENDED REQUEST FUNDING APPLICANT PROGRAAPPROJECT ------------- 5300, 000 5300, 000 CARE Housing Acquisition of Land for Affordable Housing 121,782(l) 162,382 TRAC Acquisition of Land - City SID Property 27,000 27,000 DDA Acquisition ofAdditional parkland at Martinez Park 120, 000 (2) 145,000 Neighbor -Neighbor Acquisition of Land, Rehabilitation and Development Costs INTERIM ASSISTANCE RECOMMENDED REQUEST FUNDING APPLICANT PROGRAAPPROJECT $ 4,000 $ - City of Ft. Collins Neighborhood Clean-ups REHABILITATION RECOMMENDED REQUEST FUNDING APPLICANT PROGRAAPPROJECT $ 35,276 $ 17,730 Hope Counseling Floor -coverings, Lighting and Partition Wall 443 June 3, 1997 HOMEOWNERSHIP ASSISTANCE RECOMMENDED REQUEST FUNDING APPLICANT PROGRAAPPROJECT $319, 000 $ 319, 000 City of Ft. Collins Homehuyer and Closing Cost Assistance PUBLIC FACILITIES RECOMMENDED REQUEST FUNDING APPLICANT PROGRAAVPROJECT $ 20,000 $ 20,000 Crossroads Storm Drainage and Chimney Support 119,000 119,000 Food Distribution Installation of Bulk Repack Area PUBLIC SERVICES (15% of Entitlement Grant and Program Income) RECOMMENDED REQUEST FUNDING APPLICANT PROGRAM/PROJECT -------------------------------------------------------------- $ 79,940 $ 20,000 Healthy Start, Inc. Medical and Dental Care 16,000 16,000 Disabled Resources 11,500 - Lar.CountyEmployment 21,000 10,000 New Bridges 25,000 20,000 Project Self -Sufficiency 40,600 25,000 Neighbor -Neighbor Support Youth Employment Program Senior Employment Resource Center (SERCO) Daytime Shelter and Human Referral Center Project Self -Su fficiency Comprehensive Housing Counseling and Case Management 52,826 23,561 5,000 20,000 7,240 6,050 5,373 8,000 231.175 45,826 18,134 5,000 10,000 7,240 2,500 6,000 June 3, 1997 Child Care Collaborative Sliding Scale Tuition Assistance Ed. & Life Training Adult Literacy Services CCSN Senior Services to Frail and Elderly and Homebound Elderly CCSN Wonnan's Center Wonnan's Center Wonnan's Center Lutheran Family Services City of Ft. Collins 7,202 Unprogrammed Total amount of initial funding requested = $1,735,582. NOTES: Shelter and Supportive Services for the Honneless Health Care Program Career Quest Community Child Care Resource and Referral Prevention of Child Abuse Program Cops-N-Horses Against Crime and Drugs (1) TRAC amended its proposal to $162, 382 during its presentation to the Commission. (2) Neighbor to Neighbor amended its proposal to $145, 000, to include project management costs, during its presentation to the Commission. With the amendments, the total amount of funding requested = $1,801,182. A summary of the Commission's funding recommendation by categoryfor the total amount of funds available is as follows: 445 June 3, 1997 RECOMMENDED FUNDING % of TOTAL CATEGORY S 116,259 9.2 PLANNING and ADMINISTRATION (Maximum S247, 600 based on 20% of Entitlement Grant and Program Income) 472,000 37.6 ACQUISITION 17,730 1.4 REHABILITATION 319,000 25.4 HOMEOWNER ASSISTANCE 139,000 11.1 PUBLIC FACILITIES 185,700 14.8 PUBLIC SERVICES (Maximum S185, 700 based on 15 % of Entitlement Grant and Program Income) 7,202 .5 UNPROGRAMMED $1,256,891 100.0 TOTAL The total amount of requests considered by the CDBG Commission was approximately 51.8 million. With 51.8 million in total requests and only 51.4 million availahle, ohviouusly not all applications could he funded However, this year's selection process was rather unique, in that, with the exception of the Public Services category, funds were essentially sufficient to provide frouding to all non -Public Service proposals. Due to HUD funding limitations, some Puhlic Service applications received no f nds or less funds than requested in order to keep the generic category within program maximums. No applicant is recommended to receive more finuds than requested. Also attached is a summary of Public Service funrding regriesis and allocations for FY 1997-98; '96-97; '95-96; and '94-95. Proiecls Recommended for Full Funding The CDBG Commission has reconmuended fidl funding for eleven (11) applicants. In the Commission's opinion, the eleven applications recommended for forll finrding hest fit CDBG national program objectives, the City CDBG policies (presenled in Appendix "A'), and the selection criteria. The following summarizes the Commission's reasoning far fidl founding. City of Fort Collins - CDBG Administration Requested/Recommendation: 5116,259 Only the most direct administrative costs for the program are taken from the CDBG grant. CARE - Acquisition of Land for Affordable Housing Requested/Recommendation: $300,000 June 3, 1997 The applicant has an excellent track record for completing projects and shows a clear uanderstcauding of building affordable housing. The applicant serves a population that no one else serves and is increasing its scope to include seniors. TRAC - Acquisition of Land Located at Troutman/JFK Parkway Requested/Recommendation: $162,382 The City has shown a strong commitment to this project. The applicant has a good track record in building affordable housing. Downtown Development Authority - Acquisition of Additional Parkland Request/Recommendation: $27,000 The Commission viewed this request as apart of a greater economic development project to add some housing close to drnvntown. Some concerns were expressed that the housing was not marketed as an affordable housing project. Neighbor to Neighbor - Acquisition of Land, Rehabilitation and Development Costs Request/Recommendation: $145,000 The project would provide 2 units in a duplex con figuration for homeownership opportunities at very affordable prices (about S60, 000 per unit). Some concerns were expressed with the relatively high per unit cost. City of Fort Collins - Hotnehuyer & Closing Costs Assistance Requested/Recommendation: $319, 000 This program has proven to be one r f the more effective ways of moving people in the lower income range into homeownership. The goal of 120+ units will provide a lot of housing opportunities. Crossroads Safehouse - Storm Drainage and Chimney Support Requested/Recommendation: $20, 000 The City has already invested a lot of money into these buildings, these funds are needed to protect that investment. Food Distribution Center - Installation of Bulk Repack Area Request/Recommendation: S119, 000 This is a very worthwhile proposal which will save the agency money and help deliver more food to needy people. 447 June 3, 1997 Disabled Resources Services - Supported Youth Employment Program Requested/Recommendation: $16,000 This agency has a good track record and has demonstrated an ability to perform very well with the funds they are allocated. Women's Center - Health Care Program Requested/Recommendation: S7,240 The Commission believes this is a good proposal because it helps people that other programs miss and it targets people other programs do not. CCSN- Senior Services to Frail and Homebound Elderly Requested/Recommendation: $5, 000 The agency appears to be proposing to accomplish a lot with a small amount of finds from CDBG. The total program, over $50, 000, has good support from other sources. Projects Recommended for Partial Finding Proposals which did not receive fidl fmndtng were deemed of a lower priority and, in some cases, a lack of funds or program category limitations, especially in the Public Services category, prohibited their full finding. The following describes the specific reasons why the Commission believes certain projects should not receive their fullfinding amount. - Hope Counseling Center - Floor Coverings/Lighting/Partition Wall Requested: $35,276 Recommendation: S17,730 There was some question as to the total realistic value of the costs of the proposal. The recommendation is for approximately one-half the project which the Commission believes can be utilized in an effective manner. Healthy Start - Medical and Dental Care Requested: $79,940 Recommendation: $20,000 -Dental Care The Commission believes that the agency provides a valuable service to the community, but it should be receiving more funds from other sources, i.e., Poudre Malley Hospital District. The recommendation for funding is for dental care only. Providing a City commitment should help the agency secure funds from other sources. New Bridges - Daytime Shelter and Human Referral Center Requested: $21,000 Recommendation: $10,000 E .Jute 3. 1997 The agency provides a service by having a place for homeless people to go to during the day. The Commission noted that there was a duplication of some services with other agencies. Project Self -Sufficiency - Project Self -Sufficiency Requested: $25, 000 Recommendation: $20, 000 The Commission supports this program and the agency has a good track record inn the .services provided. The recommendation is for the minimum amount the agency indicated they needed. Neighbor to Neighbor, Inc. - Comprehensive Housing Counseling and Case Management Requested: $40, 600 Recommendation: $25, 000 The Commission understands that this service fills a critical community need and the agency has a good history of service. The reduction in finnding was partially due to the limited annount of funds which can be allocated in the Public Services category. Child Care Collaborative - Sliding Scale Tuition Assistance Requested: $52,826 Recommendation: $45,826 The Commission believes this program is critical because it provides services to working parents and helps keep them in the workforce. The agencies involved have good track records in providing service with the fronds they receive. The request was for almost 30'% of the available funds within the Pubhc Services category. Education & Life Training Center -Adult Literacy Services Requested: $23,561 Recommendation: $18,134 The Commission understands that this service fills a critical community need and the agency has a good history of service. Traditionally it is hard for this program to find fittnds for from other 6TH"Ol [4 CCSN - Shelter and Support Services for the Homeless Requested: $20, 000 Recommendation: $10, 000 The Commission believes that agency does a good job for the homeless. The reduction in finding is due to the limited amount of finds which can be allocated within the Public Service category. Women's Center - Child Care Resource and Referral Requested: $5, 373 Recommendation: $2, 500 .,. June 3, 1997 The Commission: believes this proposal will provide a good service. The feuding reduction is basically due to the limitation within the Public Services category, however, a commitment from the City should help the agency secure finnding from other sources. Lutheran Family Services - Prevention of Child Abuse Program Requested: $8,000 Recommended: $6,000 The applicant demonstrated that they have secured a lot of fiurding front other sources. The program has a good track record and has a long term impact on the community. Proiects Recommended to Receive No Funding The following applications did not receive a reeonnnendalion for funding. The following summarizes the specific reasons why the Commission believes these projects should not receive the requested finding: City of Fort Collins - Neighborhood Clean-ups Requested: $4, 000 The City should fund this project if it is such a good idea. Neighborhood residents should he able to organize themselves and use volunteers to do a program like this if they have pride in their neighborhood. Larimer County Employment/Training - Senior Employment Resource Center (SERC) Requested: $11,500 The Commission believes the proposal is premature in light of the big changes which will happen in job service, employment, and training as a result of welfare reform. Women's Center - Career Quest Requested: $6, 050 The Commission believes that the proposal is a duplication of services already provided within the community. City of Fort Collins - Cops-N-Horses Against Crinue and Drugs Requested: $231,175 This request was for more funds than could be allocated within the Public Services category. If the City believes this is such a good service, the City should fund a way to fund it from other sources. " Chief Planner Ken Waido gave a brief staff presentation on this item. 450 June 3, 1997 Councilmember Bertschy made a motion, seconded by Councilmember Smith, to adopt Resolution 97-82. Shelley Stephens, Executive Director of the Fort Collins Housing Authority, congratulated the City for its recent recognition by HUD and thanked staff and Council for all their hard work on affordable housing issues. Barbara Hensen, Executive Director of the Children's Clinic, thanked the Commission for its recommendation but requested Council reconsider and approve the full amount originally requested. Mary Cosgrove, representing Project Self -Sufficiency, thanked the Commission for its recommendation. Linda Preston, representing the Fort Collins Child Care Collaborative, thanked Council, staff and the CDBG Commission for its support. Waido responded to Council questions regarding allocation of funds, noting the Commission is limited on how much money can be allocated to Human Services. Councilmember Byrne questioned why the Housing Authority did not participate. Waido clarified funds allocated to the Housing Authority last year were not fully expended. The vote on Councilmember Bertschy's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Kneeland made a motion, seconded by Councilmember Wanner, to adopt Ordinance No. 89, 1997 on First Reading. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. 451 June 3, 1997 Resolution 97-83 Making Findings of Fact and Conclusions Regarding the Appeal of a Decision of the Planning and Zoning Board Relating to the Scenic Views Final PUD and Upholding the Decision of the Board Adopted The following is staffs memorandum on this item. "Executive Sunratm On March 24, 1997, an appeal of the March 10, 1997 decision of the City's Planning and Zoning Board ("the Board) to approve the Scenic Views PUD was filed by eight individuals ("the Appellants'). On May 20, 1997, City Council voted 3-2 to uphold the decision of the Board. In order to complete the record regarding this appeal, the Council should adopt a Resolution making findings of fact contenting its decision in this appeal. BACKGROUND: The Appellant's Notice of Appeal alleged that the Board failed to conducl a fair hearing and failed to properly interpret and apply relevant provisions of the Code and Charter. At the May 20, 1997, appeal hearing on this matter, the Council heard the presentations of City staff, the Appellants, and other parties in interest. At the conchnrion of the hearing, Council determined that the Board did conduct a fair hearing and that the Board did properly interpret and apply the relevant provisions of the City's Code. The Council therefore voted to uphold the Board's decision approving the Scenic Views PUD." Councilmember's Byrne and Mason withdrew from discussion on this item due to a perceived conflict of interest. Councilmember Wanner made a motion, seconded by Councilmember Smith, to adopt Resolution 97-83. Yeas: Councilmembers Azari, Bertschy, Kneeland, Smith and Wanner. Nays: None. THE MOTION CARRIED. 452 June 3, 1997 Resolution 97-84 Making Findings of Fact and Conclusions Regarding the Appeal from a Decision of the Planning and Zoning Board Relating to the Dry Creek Minor Subdivision, Adopted. The following is staffs memorandum on this item. `Executive Summary On May 5, 1997, an appeal of the March 24, 1997 final decision of the Planning and Zoning Board (`the Board') to approve the Dry Creek Minor Subdivision ("the Project') ivas filed by Appellant Jan Shepard Cottier ("the Appellant'). On May 20, 1997, City Council voted 6-1 to uphold the Board's decision. In order to complete the record regarding this appeal, the Council should adopt a Resolution making findings of fact concerning its decision on the appeal. BACKGROUND: The Appellant's Notice of Appeal made the following allegations concerning the Board's approval of the Project: • "The Plcnmirng and Zonnirng Board failed to properly interpret and apply relevant provisions of the City's Subdivision Code found in Article V - Divisions 2, 3, and 4, and the provisions of Ordinance No. 143, 1995. " • "The Planning and Zoning Board failed to conduct a fair hearing in that the Board considered evidence which was substantially false or grossly misleading. " • "The Planning and Zoning Board failed to conduct a fair hearing in that the Board improperly failed to receive all relevant evidence offered by the Appellant specifically relating to staff comments on the subdivision proposal that had not been addressed and conditions of Ordinance No. 143, 1995 that had not been met. " At the May 20, 1997 hearing on this matter, the Council considered the presentations of City staff, the Appellant, and other parties in interest. At the conclusion of this hearing, Council determined that the Board did conduct a fair hearing and that the Board properly interpreted and applied the relevant provisions of the City's Suhdivision Code. However, in upholding the Board's decision approving the Project, the Council made such approval subject to the foloowing condition: The City Council approves the Dry Creek Minor Subdivision :upon the condition that the development agreement, final utility plans, and final plat for the Dry Creek Minor 453 .June 3, 1997 Subdivision be negotiated betiveen the applicant, Parsons & Associates, ("the Applicant') and City staff and executed by the Applicant and the City prior to May 20, 2000. This conditional approval shall be deemed to be final approval for the purpose of statutory vesting of rights tinder Sections 29-512 through 29-516 of the Transitional Land Use Regulations. If this condition is not met by May 20, 2000, then the final approval of the Dry Creek Minor Subdivision shall become 171111 and void and no effect and any vested rights shall be forfeited as provided in C.R.S. Section 24-68-103." Councilmember Wanner made a motion, seconded by Councilmember Bertschy, to adopt Resolution 97-84. Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Other Business Councilmember Byrne requested information regarding the status of the prairie dogs. City Manager John Fischbach responded to Council questions and clarified the prairie dog relocation workers have until June 16 to relocate as many prairie dogs as they can before eradication begins. He reported the Natural Resources Advisory Board will be reviewing the policy before next year. Councilmember Kneeland noted the Health and Safety Committee spoke of the radar guns used by Traffic Tamers, confirming that the Health and Safety Committee would not endorse citizens issuing speeding tickets. Mayor Azari spoke of the need to come to an agreement with Larimer County, on street standards so that the Urban Growth Area Intergovernmental Agreement can be adopted. The meeting adjourned at 7:40 p.m. ATTEST: Q I" A� - City Clerk Adjournment 454