HomeMy WebLinkAboutMINUTES-11/16/1993-RegularNovember 16, 1993
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,
November 16, 1993, at 6:30 p.m. in the Council Chambers of the City of Fort
Collins City Hall. Roll call was answered by the following Councilmembers: Apt,
Azari, Horak, Janett, Kneeland, McCluskey, and Winokur.
Staff Members Present: Burkett, Krajicek and Roy.
Citizen Participation
Norman Resnick, UNC Retired Emeritus Professor of Education, stated the D.A.R.E.
program would not decrease the usage of drugs, but increases the probability of
children being involved in substance abuse. He stated Council should not endorse
such a program because it is detrimental to society.
Rick Hoffman, 1804 Wallenberg Drive, expressed concerns about remanding the
Spring Creek Village appeal back to the Planning and Zoning Board. He believed
there was nothing about the project that the Planning and Zoning Board would need
to reconsider. He stated the project is not compatible with the neighborhood and
' believed that Council and the Planning and Zoning Board have neglected to address
whether this project is compatible with the existing neighborhoods. He stated
the City system of development review caters to the developer and not the
citizens.
Bob Cluster, 2211 West Mulberry, advised Council of the town meeting scheduled
for November 30th at 6:30 p.m. regarding the D.A.R.E. program. He stated the
purpose of the meeting would be to make a factual presentation of the most recent
findings by Social Scientists and Research Evaluators. He stated some of the
data collected states the D.A.R.E. program does not work. He stated that
enacting City funding for the D.A.R.E. program allows City Council to interject
itself into the field of drug prevention education in the public school system.
Steve Naples, President of D.A.R.E. Colorado, stated the program is valuable and
the program provides an opportunity for police officers to work with the kids
before and not after when a drug overdose or crime has been committed. He stated
the program provides a positive image for the police officers in this society.
Karen Carkel, Laramie, Wyoming, thanked the Mayor for her recent correspondence
and expressed concerns regarding police intervention.
Al Baccili, 520 Galaxy Court, stated he strongly opposes the D.A.R.E. program.
He stated each student will lose around 17 hours of learning time in the
classroom. He stated he was concerned with the relationship between the Platte
River Power Authority and the Chamber of Commerce.
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November 16, 1993
Jack O'Neill, 1307 Brittany Court, stated he was concerned about the budget '
process. He referenced the Coloradoan editorial regarding the police complaint
liaison program and asked if a human relations officer will be hired to supervise
the 14 liaisons.
Citizen Participation Follow-up
City Manager Burkett stated the duties have not been outlined for the human
relations position.
Mayor Azari stated the liaison program is made up of volunteers that work with
the Human Relations Commission.
Councilmember Horak stated the liaisons do not investigate the complaint, but are
helping the citizen to understand the process that is available.
Councilmember Janett addressed Mr. Hoffman's concerns in regard to neighborhood
compatibility. She stated the issue of neighborhood compatibility is of great
concern to Council.
Councilmember Kneeland responded to Mr. Hoffman that there is a neighborhood
compatibility study that would provide for a person to represent the neighborhood
in which a project is being developed.
Agenda Review
City Manager Burkett called attention to Item 12 which is a Public Hearing and '
First Reading of Ordinance No. 147, 1993, Authorizing the Issuance of Industrial
Development Revenue Bonds of the City of Fort Col -fins for the Phelps-Tointon
Millwork Project.
***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 will be considered separately under Agenda. Item #18 Pulled
Consent Items.
7. Consideration of the minutes of the regular meeting of October 5, 1993.
8. Items Relating to the Imu-Tek Annexation and Zoning.
A. Second Reading of Ordinance No. 141, 1993, Annexing 5.1181 Acres,
Known as the Imu-Tek Annexation.
B. Second Reading of Ordinance No. 142, 1993, Amending the Zoning
District Map contained in Chapter 29 of the Code and Classifying for
Zoning Purposes the Property Included in the Imu-Tek Annexation to
the City of Fort Collins, Colorado.
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November 16, 1993
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10.
These Ordinances, which were unanimously adopted on First Reading on
November 2, approve the request to annex and zone 5.1181 acres located on
the south side of East Vine Drive approximately 1/2 mile west of I-25.
The requested zoning is the IL, Limited Industrial District and the
Planning and Zoning Board is recommending that this property be excluded
from the Residential Neighborhood Sign District. The property is
developed, with the primary use being a food processing (milk supplement)
plant. The property is currently zoned 0, Open in the County. This is a
voluntary annexation.
This Ordinance, which was unanimously adopted on First Reading on November
2, appropriates $30,000 from the Colorado Department of Health (CDH) to
the General Fund. The funds will be used by the Natural Resources
Division to implement air quality education and data collection projects.
Ordinance No. 144, 1993 was unanimously adopted on First Reading on
November 2, 1993. For the past six years Fort Collins Police Services has
applied for project funding to the Colorado Division of Criminal Justice
for federal drug grant monies. For project year 1993/1994, Police
Services has again joined with the Loveland Police Department and Larimer
County Sheriff's Department, in one application, for a multi -
jurisdictional project to be administered by Police Services. As
administrator of the grant, Police Services will assure funding to the
other participating agencies for their share of the federal funds. The
City has recently received notification of a grant award in the amount of
$102,503. The participating agencies will be providing match monies in
the amount of $167,558. Fort Collins' portion of the match is $76,377,
which is met through application of the budgeted salary and fringe
benefits of an existing officer assigned to the Special Investigations
Unit and the salary and benefits of a Secretary I who is also assigned to
that unit.
The replacement of the North College Avenue Bridge over the Poudre River
will allow the City to enhance the bridge for the north entrance into the
city and install a trail underpass. This new State Highway bridge will
allow the City to create a "Gateway" from the north into Fort Collins.
' This theme has been proposed in many planning documents. Design materials
for the bridge follow the directions in the "Design Guidelines for
Pedestrian -Way Improvements, Downtown Development Authority." The main
enhancement items include: planters in the median south of and on the
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November 16, 1993
12.
13.
bridge, decorative pedestrian lights matching "Old Town" lights, exposed '
aggregate sidewalks, the use of sandstone as an accent stone, and
landscaping in the medians, trail lighting system, and special concrete
treatment (fluted finish) of the piers under the bridge for the trail.
The ISTEA program will be the main funding source for the bridge
enhancement items. The matching ratio for the work is 82% ($123,000)
Federal -aid funds and 18% ($28,000) City. The proposed City funding
source is the re-routing of the existing Mason/Howes Capital Project
funding which presently contains $50,000. Thirty-two Thousand Dollars
($32,000) of this amount was administratively allocated for trail work in
the North College area in 1990. The remaining $18,000 is unused funds
from other projects in the North College area. The $28,000 ISTEA match
will use $18,000 for bridge surface enhancement items and $10,000 for
trail enhancement items under the bridge. The remaining $22,000 in the
Mason/Howes Capital Project will be used for trail enhancement items near
the bridge.
In October, Phelps-Tointon Millwork, LLC, ("Phelps-Tointon") submitted an
application to the City for inducement of $1,500,000 of Industrial
Development Revenue Bonds pursuant to the City's established policies.
On November 2, 1993, the Council
unanimously adopted the
Inducement
Resolution for the Project in
the amount of $1,500,000. This
ordinance
'
authorizes the issuance of the
Industrial Development Revenue
Bonds to be
used to finance the project.
These improvements include
acquiring,
constructing, and equipping a
manufacturing facility to be
located on
Buckingham Street, just west of
Lemay Avenue.
Phelps-Tointon Millwork was founded as Colorado Custom Cabinets by Mr. Tim
Brown in 1985. In early 1993, Phelps-Tointon acquired 75% of the stock of
Colorado Custom Cabinets thus creating Phelps-Tointon Millwork. The
company manufactures custom kitchen cabinets, commercial and institutional
cabinetry, wooden athletic lockers and benches.
The owners of the property, Lee Rosen and Priscilla Verant, are initiating
this request for Local Landmark Designation for 816 West Mountain Avenue
known as the Issac W. Bennett House and Carriage House. A public hearing
was held by the Landmark Preservation Commission on November 3, 1993, at
which time the Commission voted to recommend designation of this property.
The Landmark Preservation Commission and staff are pleased to recommend
the house and carriage house located at 816 West Mountain Avenue as a '
local landmark, for their historical and architectural importance.
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November 16, 1993
' 14. Items Relating to the Real Property Known as the Cunningham Corner Barn.
A. First Reading of Ordinance No. 149, 1993, Authorizing the
Disposition of the Real Property Known as the Cunningham Corner
Barn.
B. First Reading of Ordinance No. 150, 1993, Designating the Cunningham
Corner Barn as a Historic Landmark Pursuant to Chapter 14 of the
Code of the City of Fort Collins.
15.
Resolution 93-113 specified that: 1) the Barn be relocated to private
property within the Urban Growth Area; 2) an RFP be issued to identify
those parties interested in obtaining the Barn for private use and to
select an appropriate site for the Barn; and 3) the relocation of the Barn
be funded from the Historic Preservation Account within the Capital
Projects Fund. The RFP was issued and the committee reviewing the
proposals rated the one submitted by Doug and Patti Leidholt as the best.
On October 19, 1993, the Council adopted Ordinance No. 117, 1993
authorizing the relocation of the Cunningham Corner Barn to private
property owned by the Leidholts. The Leidholts subsequently withdrew
their offer to relocate the Barn to their property. The Purchasing Agent
contacted Mr. Brad Pace who also submitted a proposal for the Barn
relocation which was rated a close second to that of the Leidholts. Mr.
Pace is still willing to have the Barn relocated to his property at 2560
West Cedarwood which is the two -acre site of the old Brown Farmhouse.
That structure has been declared a historic landmark and its restoration
is nearly complete.
The owner of the Barn, the City of Fort Collins, is initiating the request
for local landmark designation for the Barn. The structure is currently
located at the northeast corner of Shields Street and Horsetooth Road. If
this ordinance is approved by the Council, the Barn will be moved, at the
City's expense, to Mr. Pace's property located at 2560 West Cedarwood
Drive, known as the Brown Farmhouse property. The Brown Farmhouse was
designated a local landmark on May 18, 1993. The landmark designation for
the Barn will initially apply to its current location and will transfer
with the Barn when it is moved to the Pace property. Moving the Barn will
require the review and approval of the Landmark Preservation Commission.
Mr. Pace is in agreement with the local landmark designation.
In 1990, City Council directed the City's Landmark Preservation Commission
(LPC) and staff to prepare for subsequent presentation to City Council, a
process and criteria for evaluating historic buildings in the City "to
determine if the restoration and/or preservation of such buildings would
' serve a valid public purpose". The Council also directed the LPC and
staff to present a procedural mechanism for effecting the preservation of
historic structures.
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November 16, 1993
16. Resolution 93-172 Adopting the City's Americans with Disabilities Act I
Grievance Procedure.
This Resolution, if adopted, would establish the City's ADA Grievance
Procedure, which is required by the Americans with Disabilities Act. The
City of Fort Collins is committed to complying with the Americans with
Disabilities Act, and it is appropriate that the City provide a procedure
to hear grievances from those who feel that the City has violated some
provision of the Act.
17. Routine Deeds and Easements.
a. Easement Dedication from MOMSQUAD, Inc., for turn -around purposes
over a portion of land adjacent to and north of the end of Sandcreek
Drive.
b. Easement Dedication from Mountain Range Baptist Church for right-of-
way and drainage and utility purposes over a portion of land located
in Tract 11, Skyline Acres and adjacent to Horsetooth Road.
C. Easement Dedication from John C. Dixon for drainage purposes over
portions of Lot 3, Block 4, Evergreen Park.
d. Deed of Dedication from Century Bank for turn -around purposes over
a portion of land adjacent to and east of the end of Lupine Drive.
e. Deed of Dedication from Poudre R-1 School District for utility I
purposes over a portion of land adjacent to the east side of
Hinsdale Drive, south of Harmony Road.
f. Powerline Easement from Dara Edwards and Linda Glomboski-Granger,
1505 Whedbee Street, needed to underground existing overhead
electric services. Monetary consideration: $10.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
8. Items Relating to the Imu-Tek Annexation and Zoning.
a
10.
A. Second Reading of Ordinance No. 141, 1993, Annexing 5.1181 Acres,
Known as the Imu-Tek Annexation.
B. Second Reading of Ordinance No. 142, 1993, Amending the Zoning
District Map contained in Chapter 29 of the Code and Classifying for
Zoning Purposes the Property Included in the Imu-Tek Annexation to
the City of Fort Collins, Colorado.
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November 16, 1993
r
Items on First Reading were read by title by City Clerk Wanda Krajicek.
11.
Avenue.
12.
13. First R
14. Items Relating to the Real Property Known as the Cunningham Corner Barn.
A. First Reading of Ordinance No. 149, 1993, Authorizing the
Disposition of the Real Property Known as the Cunningham Corner
Barn.
B. First Reading of Ordinance No. 150, 1993, Designating the Cunningham
Corner Barn as a Historic Landmark Pursuant to Chapter 14 of the
Code of the City of Fort Collins.
Councilmember Winokur made a motion, seconded by Councilmember Kneeland, to adopt
and approve all items not removed from the Consent Calendar. The vote on
Councilmember Winokur's motion was as follows: Yeas: Councilmembers Apt, Azari,
Horak, Janett, Kneeland, McCluskey, and Winokur. Nays: None.
THE MOTION CARRIED.
Staff Reports
Mike Powers, Director of Cultural, Library, and Recreational Services, introduced
Linda Saferite as the new Library Director. He stated she previously held a
position in Scottsdale Arizona as Library Director for 13 years.
Councilmember Reports
Mayor Azari stated that Council was invited to participate in fasting one meal
and to provide the money to support the Food Distribution Center.
Councilmember Kneeland stated that a town meeting will take place on November 30
at 7:00 p.m. at the Lincoln Center to discuss the issue of violence reduction.
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November 16, 1993
Items Relating to the 1994 Budget
Budget Consent Items
Items 21-27 are being presented together in the Consent Calendar format. These
items have been reviewed and discussed at Budget Worksessions and are being
presented in this manner to expedite their adoption. As with the regular Consent
Calendar, any item may be withdrawn for discussion by any member of the Council,
staff or public and will be considered after the balance of the Budget Consent
is adopted.
21.
22.
23
There will be no increase in 1994 in the amount of the city-wide
stormwater operations and maintenance fee.
Storm drainage basin monthly capital fees and storm drainage new
development fees will not change in five of the nine basins. The
percentage increase for monthly capital fees is 15%, or $.34 to $.43 per
month. The range of percentage increases for new development fees is 15%
to 23.7%, or $371 to $1,024 per acre. Ordinance No. 135, 1993 was
unanimously adopted on First Reading on October 19, 1993.
The recommended 1994 budget includes Wastewater revenue projections based
on a proposed increase in wastewater monthly service charges, for all
customer classifications, of 6.0%. The proposed 6.0% wastewater rate
increase for 1994 is consistent with the projections included in the
wastewater treatment master plan adopted by the Council on August 7, 1990
(Resolution 90-119). This Ordinance, which was unanimously adopted on
First Reading on October 19, approves the entire 6.0% rate increase which
is needed to fund additional debt service associated with the $25 million
loan obtained by the City in 1992. The loan (a low interest loan from the
State Water Pollution Control Revolving Fund) is being used to fund Phase
I Master Plan improvements at the Drake Water Reclamation Facility
(WWTP#2). The Phase I improvements will provide enhanced treatment
capabilities to meet existing and future state and federal regulations,
and additional capacity to serve future customers. Typically, costs for
upgrading existing facilities are allocated to existing customers and
costs to expand capacity are allocated to future customers. About half of
the Phase I improvements are related to capacity expansion.
Items Relating to the 1994 Downtown Development Authority Budget
Second Reading of Ordinance No. 137, 1993, Relating to Annual
Appropriations and Approving the Budget of the Downtown Development
Authority for Fiscal Year 1994 and Fixing the Mill Levy for the
Downtown Development Authority for 1994.
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November 16, 1993
' This Ordinance, which was unanimously adopted on First Reading on October
19, has been amended to add $8,028. The increase is needed to cover the
expense of borrowing money from the City of Fort Collins for the
improvements to 'facades of the Linden Hotel and Salvation Army buildings.
This amended ordinance represents the annual appropriations and approves
the Downtown Development Authority (DDA) Operating Budget for 1994 of
$673,934. It also sets the DDA mill levy at 4.05 mills which is projected
to generate $140,356.
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24.
25.
Second Reading of Ordinance No. 138, 1993, Appropriating Revenue in
the Downtown Development Authority for Payment of Debt Service for
the Year 1994.
This Ordinance, which was unanimously adopted on First Reading on October
19, appropriates funds for the payment of Downtown Development Authority
debt service for 1994.
This Resolution will increase the majority of cemetery fees and charges by
5%. Some fees will remain the same. The recommended changes are
consistent with the revenues projected in the 1994 recommended budget
document.
Section 23-114 of the Code of the City of Fort Collins requires that City
Council authorize the leasing of real property owned in the name of the
City. This Resolution authorizes such leasing of City -owned Recreation
Facilities, and also adopts rental fees for these facilities for 1994. In
addition, this Resolution authorizes criteria to be used to set recreation
program fees and charges.
26. Resolution 93-175 Adopting a Rate Schedule for the Use of Lincoln Center
Facilities.
Proposed rates for 1994 remain comparable with other facilities in the
area. The 1994 revenue projections are based on these fee changes.
A new rate for commercial rental of the Performance Hall stage use without
an audience and a new rate for off -site event ticket charges.
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November 16, 1993
27.
1994.
Adoption of this Resolution will result in determining a Revenue
Allocation Formula (RAF), defining the City's contribution to the Poudre
Fire Authority in 1994 for operations and maintenance. The RAF will
provide a contribution to the PFA of $6,817,801 in 1994 to meets its
operation and maintenance needs. This represents an increase of 2.84%.
(The 1993 contribution totalled $6,629,243).
The Resolution will also approve the proposed PFA appropriations for 1994
which include, in addition to the amount received from the City under the
RAF, the additional amount of $644,713 for capital needs. This amount
will be made available by an additional one mill of City property tax.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
21.
22.
23. Items Relating to the 1994 Downtown Development Authority Budget. '
A. Second Reading of Ordinance No. 137, 1993, Relating to Annual
Appropriations and Approving the Budget of the Downtown Development
Authority for Fiscal Year 1994 and Fixing the Mill Levy for the
Downtown Development Authority for 1994.
B. Second Reading of Ordinance No. 138, 1993, Appropriating Revenue in
the Downtown Development Authority for Payment of Debt Service for
the Year 1994.
Councilmember Winokur made a motion, seconded by Councilmember McCluskey, to
adopt and approve all items not removed from the Budget Consent Calendar. The
vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers
Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Winokur. Nays: None.
THE MOTION CARRIED.
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November 16, 1993
' Resolution 93-177
Establishing and Revising Fees to be
Charged at City Park Nine, Collindale,
and SouthRidge Golf Courses. Adopted as Amended
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
Staff projects that the Operating Revenue generated from the 1994 Fees and
Charges as proposed will produce $1,493,580 at City Park Nine, Collindale, and
SouthRidge Golf Courses as budgeted. This is an increase of $98,694 or seven
percent over revised 1993 Operating Revenues of $1,394,886.
EXECUTIVE SUMMARY
In order to continue to satisfy all existing cost recovery policies, an increase
of $98,694 (seven percent) from $1,394,886 for Revised 1993 to $1,493,580 for
proposed 1994 is needed in Golf Fund Operating Revenues from City Park Nine,
Collindale, and SouthRidge Golf Courses for 1994, as budgeted. In order to
accomplish this increase in Golf Operating Revenues, as based upon revised play
statistics and projections, an overall average increase of seven percent in fees
and charges generated at City Park Nine, Collindale, and SouthRidge for 1994 will
be necessary to achieve the additional $98,694 needed.
The Golf Board and staff believe that both the existing fee structure policy as
' well as the proposed modified fee structure and rates are very reasonable and the
prices are very moderate considering the quality of the golf courses in Fort
Collins. The proposed fee structure paves the way for more equitable increases
in fees and charges in the future, as necessary. Combined with a more aggressive
marketing effort (especially for non -prime times), staff and the majority of the
Golf Board recommend that the proposed 1994 fees and charges and fee structure
should be approved by the City Council.
BACKGROUND:
Beginning in 1993, the SouthRidge Golf Course budget was merged into the Golf
Fund along with the budgets of City Park Nine and Collindale Golf Courses. The
Golf Fund has historically been 100% self-supporting from golf revenues. The
exception is that since 1991, approximately $200,000 of the $400,000 annual
SouthRidge construction debt has and will continue to be paid through the year
2002 from the Sales and Use Tax Fund. In 1992, the City Council agreed that golf
fees and charges should strive to maximize revenues at all three golf courses in
as fair and equitable a manner as possible, while still retaining some amount of
taxpayer subsidy for the SouthRidge debt.
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November 16, 1993
By City of Fort Collins definition, the Golf Fund is an Enterprise Fund and is '
required to either be 100Y self-supporting, or moving in that direction. The
Golf Fund is fully responsible for all of its own expenses and maintaining
adequate reserves in the Fund. Several years ago, the Golf Board and staff
agreed that trying to retain at least $100,000 in reserves was an appropriate
goal. This goal has been accomplished every year through 1992 as golf revenues
annually exceeded golf expenses, and some of the excess cash (profits) were used
for the purchase of additional necessary and desirable capital equipment and
improvements.
Essentially, the existing golf fees.and charges structure has been in place for
many years, and has been modified several times over the years as deemed
necessary. All modifications to the fees structure were approved by City Council
upon recommendation from staff and the Golf Board. Historically, the fee
structure was not perceived as being "broken", so it was not necessary to "fix
it" except for the various modifications. Examples of these modifications
include the elimination of single course annual passes, and the addition of the
50 cents per 9-hole play fee for annual passes. Attachment "A" is a chart of
comparative golf fees and charges from 1984 through proposed 1994 illustrating
the moderate rate increases over the years.
1993 Current Situation
The 1993 adopted Golf Fund budget fully covered all required and necessary
operational and maintenance costs, as well as a large amount of funding for
lease/purchase of capital equipment and cash outlay for capital equipment and '
improvements. The 1993 budget will utilize $233,296 from Prior Year Reserves to
help accomplish these additional necessary and desired capital outlay purchases.
However, Golf Fund Operating Revenues for 1993 are dramatically down for the
first time since 1985 when SouthRidge was opened for its first full year of
operation. Projections as of October 31 for Operating Revenues project a 1993
shortfall of around $117,000 by December 31.
The three main factors causing this revenue shortfall are: 1) the abnormally
poor weather conditions, especially earlier in the year when we lost over 100
consecutive days, and the lost weekend play in April and September due to rain
and snow storms; 2) the Colorado Rockies home baseball games competing for
leisure dollars; and 3) the competition (supply and demand) from the newly
established public golf courses in this area (Mariana Butte in Loveland, Mountain
Vista in Fort Collins, the expansion of Link-N-Greens and the more aggressive
marketing at Ptarmigan, both in Fort Collins). Most public golf courses along
the Front Range were impacted by these same or similar factors.
As a result of this unexpected revenue shortfall, staff took several actions to
work toward trying to maintain a balanced Golf Fund budget, and still follow all
of the budget preparation policies and rules. Among these actions, $60,000 in
Operating Expenditures was cut from the existing 1993 budget, and approximately
$40,000 was eliminated by Golf staff from the original estimated 1994 proposed
budget, cutting all capital except for required ADA improvements. Basically, all
1994 proposed capital purchases will be bumped back a year to 1995, and all other
projected capital for 1995 to 1998 will also be bumped back until revenues return '
or significant changes in operating procedures/policies are implemented.
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November 16, 1993
Because 1993 projected revenues were revised downward, the 1994 (as well as 1995
to 1998) revenues also had to be modified downward, thus revising projected 1994
to 1998 expenditures downward to match the revenues and "balance" the Golf Fund
budget. Again, these new revised downward figures and future projections for
1995 to 1998 had to be made under the budget preparation policies and rules. We
have tried to retain fully funded operating expenses through 1998, but capital
acquisitions and improvements including lease/purchase and cash purchases such
as mowers, trucksters, golf car path paving, building improvements, and
especially Collindale pump station and irrigation system renovation, appear to
be well under -funded or not funded in order to stay within required projections
and limitations. The Golf Fund "Comparative Statement of Income" and
"Comparative Statement of Cash and Investments" (pages 70 and 71 of the 1994
Recommended Budget) show that projections to utilize all prior year reserves
(Ending Cash, Investments, and Other Net Current Assets) in order to maintain a
positive balance. Obviously, we no longer have the desired $100,000 in reserves
at this point in time.
1994 Proposed Budget and Fees
In preparing the 1994 proposed Golf Fund budget, staff followed all of the City's
policies and rules for budget preparation, including the new restrictions imposed
as a result of the passage of Amendment I by the voters of Colorado. The Golf
Fund budget falls completely within the limits as authorized, and provides for
all basic operational and maintenance funding, including required Americans with
Disability Act improvements, and required Amendment 1 Emergency Reserves, but
' does not provide for any capital outlay expenses simply because the money is not
available to fund capital.
In order to continue to satisfy all existing cost recovery policies, an increase
of $98,694 (seven percent) from $1,394,886 for Revised 1993 to $1,493,580 for
proposed 1994 is needed in Golf Fund Operating Revenues from City Park Nine,
Collindale, and SouthRidge Golf Courses for 1994, as budgeted. In order to
accomplish this increase in Golf Operating Revenues, as based upon revised play
statistics and projections, an overall increase of seven percent in fees and
charges generated at City Park Nine, Collindale, and SouthRidge for 1994 will be
necessary to achieve the additional $98,694 needed.
The Golf Board and staff have been working on 1994 fees and charges for several
months. Issues such as supply and demand, marketing, discounts, revenue
shortfall, and the political climate were thoroughly considered. A Golf Fee
Structure Committee, composed of Golf Board Members Armon Johannsen, Henry Fry,
Al Bednarz, and Jerry P. Brown then recommended to the entire Golf Board the
following desired goals to be achieved in approving 1994 golf fees and charges:
That prime time play at each golf course is worth more and should cost
more than non -prime time play.
That SouthRidge Greens Fees should eventually be the same as City Park
Nine and Collindale.
' That some form of annual pass usage be considered for implementation at
SouthRidge.
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November 16, 1993
That the existing fee structure essentially remain unchanged except to I
begin implementation of the above goals.
After reviewing the current status of the Golf Fund, and after much discussion
of the various options available, the Golf Board, utilizing these goals, then
held two public meetings on September 15 and October 13 to solicit input from the
public and golfers. Approximately 30 citizens attended each of the meetings.
Board Members and staff also received input from letters, phone calls, and
personal discussions. After consideration of all the input, the Golf Board, at
its regular meeting of October 13, 1993, voted 5-2 (with one member absent and
one member removing herself from discussion and voting due to a declared conflict
of interest), that the specific fee changes/increases for 1994 should be as
follows:
- Determine when prime time and non -prime time is at all three golf courses,
with prime time being when the utilization and demand for the courses is
at its highest. (See Attachment "B" for illustration).
- Raise SouthRidge Green Fees for 9-holes from $9 to $10 during prime times,
but retain the 18-ho7e prime time fee at $16.
- Raise City Park Nine and Collindale prime time fees from $8 to $9 for 9-
holes and from $13 to $14 for 18 holes.
- Non -prime time green fees at all three courses remain at $8 for 9-holes
and $13 for 18-holes.
- Raise the base annual pass fee for adults from $380 to $400; which then
,
raises senior citizens, senior citizen spouses, students, and the second
adult/spouse family rate from $285 to $300; raises the junior rate from
$190 to $200; and raises the children in the family rate from $95 to $100;
with the maximum family rate charge increasing from $855 to $900.
Retain the 50 cents per each nine holes annual pass per play fee for non -
prime times at City Park Nine and Collindale.
- Create a new $1 per each nine holes annual pass per play fee for prime
times at City Park Nine and Collindale.
- Allow annual passes to be utilized at SouthRidge during non -prime times
only at a per play fee of one-half of the posted green fee rate.
- Eliminate the "half -season" annual pass because of the implementations of
punch cards.
- Establish a junior green fee for all three courses, similar to the
existing SouthRidge fee; and establish winter rates, if appropriate.
- Establish 10-p7ay punch cards on .prime time green fees at all three
courses with roughly a 10 percent discount at Collindale and City Park
Nine, and a 20 percent discount at SouthRidge for full pre -payment.
- Increase the tournament fee from $2 to $3 for 18-ho7e events.
'
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November 16, 1993
No changes to City -owned or City -rented golf car fees except for the
addition of a Single Rider Medical Discount Fee.
Modify private golf car fees to allow for a $25 discount per each course
added.
The two members who voted "no" were opposed for specific reasons. Larry Glass
believes that fees at all three City -owned courses should be the same, and that
annual passes should be fully allowed at SouthRidge. David Shands also feels
that daily green fees should be the same at all three courses. However, the
majority of the Board (AI Bednarz, Henry Fry, Hank Hoesli, Armon Johannsen, and
Cindy Roper) do not agree with them.
Conclusion
The staff and the majority of the Golf Board feel very strongly that both our
existing fee structure policy as well as the proposed fee structure and rates are
very reasonable and our prices are very moderate considering the quality of the
golf courses in Fort Collins. The proposed fee structure paves the way for more
equitable fees and charges increases in the future, as necessary. Combined with
a more aggressive marketing effort (especially for non -prime times), we feel that
the proposed fees and charges and fee structure makes sense and should be
approved by the City Council."
Jerry Brown, Assistant to the Director of Cultural, Library, and Recreational
Services, provided an explanation of the golf fees and structures for the 1994
proposed budget. He stated the 1993 revenue shortfall has been caused by
weather, new competing golf courses, and the new Colorado Rockies baseball
organization. He stated the Golf Board supports the existing fee structure and
the new proposed modified fee structure. He stated the Board and staff believe
the golf rates are reasonable.
Al Bednarz, Golf Board President, stated the Board is recommending that no
increase in fees take place in 1994 for non -prime playing time.
Councilmember McCluskey made a motion, seconded by Councilmember Kneeland, to
adopt Resolution 93-177.
Councilmember Winokur asked if the City intends to reach a conformity of fees
throughout all three City owned golf courses.
Henry Fry, Golf Board member, stated it is the intent to equalize fees at all
three golf courses. He stated it is a slow process to conform all courses and
believed that by 2002 that goal would be accomplished.
Councilmember Winokur asked what the current annual general fund subsidy for the
SouthRidge debt.
City Manager Burkett stated the figure is approximately $200,000.
Brown stated the sales and use tax fund contributes $200,000 towards the $400,000
debt.
432
November 16, 1993
Councilmember McCluskey stated the proposed 1994 Golf budget is best for the I
City. He stated the Board and staff contacted members of the community to try
and address their wants and needs for the City's three courses.
Councilmember Apt asked about the implementation of the automated tee time
reservation.
Brown responded the Board is going to view a demonstration of the system and
stated it is a system that would be installed in the future.
Councilmember Horak commended the Board and staff for putting together a
responsible budget for 1994. He stated the General Fund should provide the
subsidy for those citizens that should be paying less.
Councilmember Winokur stated he supported the idea of a unified system of golf
and believed the Board and staff are taking the appropriate measures to see that
is accomplished.
Councilmember Horak made a motion, seconded by Councilmember Apt, to amend
Resolution 93-177 to add a Section 2 stating that the subsidy for special
populations will be calculated and returned to the Golf Fund to be used for
capital expenditures. He stated that staff should come back with a proposal for
a dollar figure and the calculations for the subsidy for the General Fund.
Councilmember Winokur asked if the money that would go back into the Golf Fund
for capital uses would come from the General Fund. '
Councilmember Horak stated the money would come from the General Fund and placed
into the Golf Fund.
Councilmember McCluskey stated he would support the amendment to the Resolution.
The vote on Councilmember Horak's motion to amend Resolution 93-177 was as
follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey,
and Winokur. Nays: None.
THE MOTION CARRIED.
The vote on Councilmember McCluskey's motion was as follows: Yeas:
Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Winokur.
Nays: None.
THE MOTION CARRIED.
433
November 16, 1993
' Ordinance No. 139, 1993
Being the Annual Appropriation Ordinance Relating
to the Annual Appropriations and Adopting the
Budget for the Fiscal Year Beginning January 1, 1994,
and Ending December 31, 1994, and Fixing the
Mill Levy for Said Fiscal Year. Adopted as Amended
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
This Ordinance, which was unanimously adopted as amended on First Reading on
October 19, has been adjusted to add $200,000 for the Transit Services Fund to
expand Transfort bus service. To fund this service General Fund programs will
be reduced by $100,000 and the transfer from the Sales and Use Tax Fund to the
Street Oversizing Fund will be reduced by $100,000. In addition, $100,000 has
been added to Choices 95 capital project appropriations associated with the
Senior Center per Resolution 93-167. Appropriations totalling $50,000, have been
reduced in the Recreation Fund representing a change in the estimated cost for
operations and maintenance anticipated for the Senior Center in 1994, due to
changes in the anticipated opening date. An additional $35,000 in appropriations
have been added to the Special Assessment Debt Service Fund.
Appropriations added to the 1994 Budget as a result of First Reading adjustments
amount to $948,000. The amended ordinance plus the adjustments explained above
($350,000) appropriates the 1994 Annual Budget in the amount of $232,741,995 and
sets the mill levy at 9.797 mills.
Related memorandums that recap 1994 service enhancements and describe the options
for expanding Transfort service are included in Council Packets (11-11-93).
The following additions have been made to the budget ordinance that was passed
on first reading.
General Fund - $100,000
The transfer from the Sales and Use Tax Fund to Street Oversizing Fund has
been reduced by $100,000. Per the Sales and Use Tax distribution policy,
the $100,000 is added to the transfer to the General Fund. These
additional funds have been combined with $100,000 of existing General Fund
appropriations for transfer to the Transit Services Fund for expansion of
bus service. The General Fund appropriations were made available by
reducing current program appropriations.
Capital Projects Fund - $100,000
On first reading of the annual appropriation ordinance, Council approved
an appropriation of $229,800 from excess Choices 95 revenue to cover the
budget shortfall on the new Senior Center. On November 2, 1993, Council
adopted Resolution 93-167, which authorized the City to proceed with the
project without the additional $100,000 cost reduction required in
' Resolution 93-158. As a result, an additional $100,000 in appropriations
have been added to the Choices 95 Senior Center Project to cover the
budget shortfall created by construction bids that exceeded estimated
costs.
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November 16, 1993
Recreation Fund - ($50,000)
'
Appropriations totalling $50,000, have been reduced in the Recreation Fund
representing a change in the estimated cost for operations and maintenance
anticipated for the Senior Center in 1994. The initial budget was based
on an opening date for the. Senior Center in early fall 1994. The
projected opening date has since been changed to December 1, 1994.
Transit Services Fund - $200,000
Ongoing appropriations totalling $200,000 have been added to the Transit
Services Fund to be used to expand services.
Special Assessment Debt Service Fund - $35,000
Ongoing appropriations totalling $35,000 have been added to Special
Assessments Debt Service Fund. This additional appropriation will be used
to cover a portion of the costs of administering the special district
program, including marketing and sales of Special Improvement District
properties.
Following is a list of the items that were added by City Council during first
reading of the budget ordinance.
General Fund - $591,500
$ 60,000 One-time funds were added to the Employee Development Department to
begin a Youth Employment program. This is a pilot program to be
,
worked out with Larimer County Employment and Training Services to
increase the job opportunities for youth in our community through
the Youth Conservation Corps/Operation Brightside Breakthrough
program.
40,000 One-time funding was added to the CLRS Administration program to
perform a River Study. This is to be a comprehensive study of the
river including, but not limited to, a river walk feasibility and a
study of the ecosystem.
35,000 One-time funds in the amount of $25,000 were added to the I.C.S.
department for equipment, software and supplies for the Fort Net
pilot project. An additional $10,000 of ongoing funds were added to
I.C.S. to fund a .25 FTE City representative for Fort Net
implementation and maintenance.
40,000 One-time funding to be transferred to the Transportation Fund was
added to hire a consultant team to perform a Front Range Railroad
Feasibility Study. The entire study is estimated to cost $270,000.
This amount represents the City's matching funds.
366,500 Ongoing funds in the amount of $300,000 and one-time funds in the
amount of $66,500 were added for transfer to the Transit Services '
Fund. The ongoing funds are for a contract to provide paratransit
services to disabled and senior residents over 60 in the urban
growth area. This will meet the conditions mandated in the
435
November 16, 1993
Americans with Disabilities Act for cities that operate a fixed -
route bus system. The one-time funds in the amount of $66,500 will
purchase the necessary equipment for paratransit services.
50,000 These are one-time funds to renovate a portion of the Car Barn to
make it environmentally secure for Museum artifacts. The Museum
needs to find new storage space in 1994 because existing storage has
been leased to CSU as part of the Power Plant lease.
In addition, $500 of existing Natural Resources appropriations have
been reprogrammed to provide initial funding for an environmental
clearing house.
Sales & Use Tax Fund
One-time funds of $100,000 from the revised sales tax revenue proceeds
will be reserved for debt reduction. These funds will be reserved in the
Sales & Use Tax Fund and the first priority for their use will be for DDA
debt service shortfalls.
Transit Services Fund - $366,500
Appropriations have been increased by $300,000 to fund paratransit
services for two groups: 1) Americans with Disabilities Act (ADA) eligible
disabled; 2) persons over the age of sixty. The increase will allow
' service for 310 days a year, twelve hours a day, the same hours as regular
transit service is provided. With the additional appropriation, Transfort
is able to meet the mandates of the ADA. Funding will come in the form of
an ongoing transfer from the General Fund.
In addition, appropriations have been increased by $66,500, representing
a one-time transfer from the General Fund, to cover one-time costs
associated with the buy out of paratransit vehicles from Care -A -Van. The
proposed buy out represents Care-A-Van's 25% ownership in the vehicles.
In addition, the money will be used for some minor capital items such as
bringing in additional phone lines into the system, and repainting some
busses and vans.
Transportation Fund - $40,000
A Rail Transit Feasibility Study is needed to determine the opportunities
for a rail transit operation that would move people between north front
range cities and the Denver metro area including the new Denver
International Airport. This study needs to look at the demand for such
service, define operating costs and identify the different governmental as
well as private agencies that need to be involved to develop a working
rail transit operation in the northern front range of Colorado.
General City Capital - $50,000
' General City Capital project appropriations have been increased by $50,000
to construct storage space for the Museum. This project will provide
about 3,700 square feet of secure, environmentally controlled storage
space within a portion of the Trolley Barn for storage of museum
M.
November 16, 1993
artifacts. Work includes insulating the roof and walls, adding lighting, '
installing climate control and security control systems, and fire
detection. A one-time transfer from the General Fund will be used to fund
this project.
General City 114 cent Choices 95 Capital - ($100.000)
Choices 95 capital appropriations associated with the Senior Center have
been reduced by $100,000. A17 bids for the construction of the Senior
Center exceeded the estimated construction cost. The low bid came in
$456,000 above the estimate. Staff proposed altering the scope of the
project in Resolution 93-158, thereby reducing construction costs by
$126,200, and appropriating $329,800 from excess Choices 95 revenue to
cover the shortfall.. This increase was added into the 1994 Proposed
budget presented to Council for 1st reading on October 19, 1993. However,
Council adopted Resolution 93-158 with an amendment that directed staff to
further reduce the anticipated costs of the project by $100,000.
Accordingly, appropriations have been reduced by $100,000, from $329,800
to $229,800."
City Manager Burkett stated the suggested changes from First Reading have been
incorporated into the Annual Appropriation Ordinance. He stated that $100,000
was allocated to the capital project for the Senior Center and an additional
$200,000 was placed into the Transit Fund per CounciI's direction.
Councilmember Kneeland made a motion, seconded by Councilmember McCluskey, to '
adopt Ordinance No. 139, 1993 on Second Reading.
Councilmember Winokur asked where the additional $35,000 for the Special
Assessment Debt Service came from.
Alan Krcmarik, Finance Director, stated the additional money came from the
reserve fund that was set up for administrative services.
Councilmember McCluskey asked how the figures for ridership were achieved.
John Daggett, Transfort Manager, stated the figures are based on some criteria
that was used in the development of the Transit Development Plan during 1989,
1990, and 1991. He stated the southeast area route involves new passengers, but
since that is a middle to upperclass section of town there are less riders
dependent upon fixed route transit or paratransit.
Councilmember Apt believed the extra money allocated to the Transit Fund will be
well spent. He stated the City is taking all the right precautions in seeing
that the community gets the best leverage out of those dollars allocated.
Councilmember Winokur asked about the sales and use tax projections for 1994.
Doug Smith, Budget Director, stated that there would be an increase of $654,000.
He stated out of that increase came the Paratransit and Fort Net. He stated
there is approximately $350,000 that is being saved as a cushion. '
Councilmember Janett asked if the $60,000 allocated for youth employment would
be used by youth that are employed by the City or by other programs.
437
November 16, 1993
City Manager Burkett stated one option would be to set up a program for the City
to hire youth or another option would be for the City to contract with others who
would hire the youth.
Councilmember Winokur asked if the $35,000 would help the City reduce more of the
SID debt.
Krcmarik stated the $35,000 would help reduce the SID debt. He stated the City
started collecting the assessments in 1991 and that two percent has been put
aside. He stated some ,of the two percent is to reimburse the Finance
Administration's time for collecting and working with the 1991 assessments.
Councilmember Janett asked if the $85,000 for assisting the Planning Department
was carried forward or contingent upon the' outcome of the planning fees
discussion.
City Manager Burkett replied the $85,000 is not a part of the 1994 budget
appropriation contingent upon the outcome of the planning fees.
Councilmember Kneeland stated she would support the budget ordinance and
commented that the process the budget goes through is very well organized.
Councilmember Winokur stated the current costs of supporting the four Service
Area Directors is more than half a million dollars a year for 1993. He believed
those salary levels may not be cost effective to the City.
' Councilmember Winokur made a motion, seconded by Councilmember Horak, to amend
Ordinance No. 139, 1993, for Section 2 to read as follows: That there be, and
hereby is, appropriated out of the revenues of the City of Fort Collins, for the
fiscal year beginning January 1, 1994, and ending December 31, 1994, the sum of
$232, 741, 995 to be raised by taxation and otherwise, which. sum is deemed by
Council to be necessary to defray all expenditures of the City during said budget
year, to be divided and appropriated in the following fashion; provided, however,
that $264,998 of said sum, which represents the amount necessary to provide
compensation and staff support for a period of six months for the positions of
Director of Administrative Services; Director of Community Planning and
Environmental Services; Director of Cultural, Library, and Recreational Services;
and Director of Utility Services, shall not be expended without subsequent
approval by the Council by ordinance.
Councilmember McCluskey asked if the amendment intent is to eliminate this
funding from the budget and if the City Manager is going to research the
organizational structure.
Councilmember Winokur stated that it would eliminate the funding for the second
half of the budget year and would ask staff for alternatives for that excess
funding. He stated he would ask City Manager Burkett for direction regarding
this issue.
Councilmember Kneeland stated her concerns with these major changes being brought
' before Council on the final reading of this Ordinance. She stated changes of
this magnitude should be discussed in another forum.
438
November 16, 1993
Councilmember Winokur stated due to the late hour at the October 19th meeting is '
one reason this change was not brought forward. He stated that on November 4th
Council met with E.L.T. and that meeting provided answers to some questions that
pertain to this change in the ordinance.
Mayor Azari asked what percentage of the total administrative overhead this
reduction would be.
Smith responded it is nine tenths of a percent of the total General Fund.
City Manager Burkett stated the funding that would be set aside not only includes
the Service Directors but some of the support staff.
Councilmember Janett asked if the reduction would cause management to terminate
any positions prior to the report from the City Manager.
City Manager Burkett stated management would not terminate anyone.
City Manager Burkett stated if Council were to adopt this reduction in the
budget, it would represent a micro -management theory for this organization. He
stated he would like some clarification on whether the Council believes there is
too much management in the City. He stated urged Council not to adopt this
amendment to the ordinance and believed it was a step towards directing the City
Manager on how to manage the organization.
Councilmember McCluskey stated he would not support the amendment to the
ordinance. He stated if Council believes the budget is too high that it should '
direct staff to reduce costs and present various alternatives, but the reduction
in this.area is not necessary.
Councilmember Horak stated this amendment reduces the budget. He stated the
amendment proposes an incentive for management to research a system that would
work better for the organization and the community.
Councilmember Kneeland stated this amendment offers a change that Council has not
fully researched or discussed in great detail. She stated she would not support
the amendment because it is proposing a fundamental and systemic change at the
eleventh hour.
Councilmember Winokur believed the amendment sets aside the funding to be
reviewed and that - if Council so chooses at a later date the funding could be
restored. He believed it was easier to put money back into the budget than to
take it out of the budget after the ordinance had been adopted.
Councilmember Janett stated she would support the amendment and believed the
purpose of the amendment was to focus on the concerns between Council and staff
relationships. She stated the funding is not lost, but that it is in a reserve
account to be reinstated if Council chooses to do so. She stated it provides
Council and staff some time to review the organizational structure and determines
if there are any alternatives to make the organization to perform better.
Councilmember Apt stated he would support the amendment since it provides an '
opportunity for Council and staff to review a reorganizational plan for the City.
439
November 16, 1993
Councilmember Kneeland believed that
fiscally responsible. She stated an
thoroughly before it is passed.
adoption of this amendment would not be
issue of this sort needs to be discussed
Councilmember Horak stated Council has concerns with being an efficient
organization and would look toward d improving the organizational structure.
Councilmember Winokur stated it is Council's responsibility on how the taxpayers
money is going to be spent and believed the organizational structure needs to be
reviewed.
Mayor Azari believed that an amendment such as this would not create a positive
environment in which Council and staff could work together. She stated she would
not support the amendment because it was a separate challenge and should be dealt
with at another point in time.
The vote on Councilmember Winokur's motion to amend Ordinance No. 139, 1993, was
as follows: Yeas: Councilmembers Apt, Horak, Janett, and Winokur. Nays:
Azari, Kneeland and McCluskey.
THE MOTION CARRIED.
Councilmember Apt asked if the extended hours for Transfort would be eliminated
because there is an additional $200,000 in that fund. He asked where the
additional $74,000 would come from for the extended service.
City Manager Burkett stated the additional $200,000 would have no effect on the
proposed extended service. He stated the $74,000 would either come from the
General Fund or from additional revenues.
Councilmember asked for clarity on the $40,000 purchase of the Riverwalk.
City Manager Burkett stated the Riverwalk project would be brought back before
Council to decide the specifics and clarification on the development of the
study.
Councilmember Winokur commended the Finance Department for the service it
provides to the community.
Councilmember Janett believed staff has been very responsive to the suggestions
that Council has made in regard to the budget. She believed the projects that
are being implemented in 1994 are positive and provide a great outlook for this
community.
The vote on Councilmember Kneeland's motion to adopt Ordinance No. 139, 1993,
as amended on Second Reading was as follows: Yeas: Councilmembers Apt, Azari,
Horak, Janett, Kneeland, McCluskey, and Winokur. Nays: None.
THE MOTION CARRIED.
440
November 16, 1993
Items Relating to the Neighborhood Compatibility Study
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
A. Resolution 93-178 Adopting the Recommendations of the Neighborhood
Compatibility Study.
B. First Reading of Ordinance No. 151, 1993, Amending Sections 29-526 and 29-
527 of the City Code for the Purpose of Implementing Portions of the
Neighborhood Compatibility Study and of Making Certain Other Changes.
The LDGS Audit of 1990 identified the need to define neighborhood compatibility
and the process used to determine compatibility on planned unit developments.
For the past 18 months, staff, a consultant team and the project advisory
committee have done an analysis of the issues related to compatibility. The
study proposes new All Development Criteria for the Land Development Guidance
System and provides recommendations for improving the development review process
and opportunities for citizen participation in this process. A Resolution to
adopt the study results is proposed and Ordinance changes to. the LDGS are
proposed to implement the short-range process recommendations and for several
housekeeping matters.
Citizen Involvement
At the beginning of the study, comments and suggestions on neighborhood
compatibility and the development review process were gathered in interviews with
focus groups. A round table discussion among focus group members was also held.
From these focus groups, an Advisory Committee was formed to advise staff and the
consultants on this study. Membership on the committee represents a wide variety
of interests related to development and neighborhood issues in Fort Collins. The
committee has met 14 times to discuss various aspects of the study.
Two community workshops were held in 1992 to gather input on the compatibility
criteria and to begin seeking solutions with the community. The results of these
workshops reinforced the idea that there are other aspects of a development
proposal, beyond the four existing criteria, that may be equally important in
determining whether it is compatible with its neighborhood.
Since release of the draft study, two public information -meetings have been held
and the comments received are attached. In general, the comments have been
supportive of the draft study; however, the proposed removal of the Social
Compatibility Criterion from the LDGS is of concern to some of the Advisory
Committee and citizens that have participated in the public information meetings.
The Landmark Preservation Commission and Natural Resources Advisory Board have
voted to support the study and its recommendations. A Council Worksession was
held on the study on October 12 and Council recommendations provided at the
worksession have been incorporated into the study recommendations (see attached
memo).
1
441
November 16, 1993
' LDGS Changes
During the course of the Neighborhood Compatibility Study, it became apparent
that there are more than four criteria that relate to whether a development is
compatible with its surroundings. These other criteria are spread throughout the
existing A71 Development Criteria. Many of them are difficult to understand and
interpret and as a result, have been applied inconsistently. A new format has
been developed for the All Development Criteria and the criteria are proposed to
be divided into three sections: Community -Wide Criteria, Neighborhood
Compatibility Criteria and Engineering Criteria.
The Neighborhood Compatibility Criteria have been a large focus of the study.
These criteria cover neighborhood compatibility and site design issues. Most
have been re -written and illustrate the intent of the proposed format. This
format provides the "standard" or required criterion at the top of the page and
"guidelines" below, to use in determining if the criterion has been addressed.
All existing A71 Development Criteria have been addressed in the proposed
criteria with two exceptions: the existing criterion addressing social
compatibility is proposed to be deleted and the criterion addressing mitigation
of land use conflicts is carried throughout each of the Al Development Criteria.
The criterion addressing social compatibility is proposed to be deleted because
the term "social compatibility" is susceptible of different interpretations and
there is concern that this criterion may be used in a discriminatory fashion.
The existing criterion requires that differences between an affected neighborhood
and the applicant be resolved, or a neighborhood meeting must be held. The
concept of neighborhood meetings is retained in the proposed recommendations and
is strengthened by eight recommendations relative to neighborhood meetings. The
concept of mitigation of land use conflicts is still retained throughout the
system and is applicable to all criteria.
Process Improvements
The recommended process improvements are grouped by topical categories, including
notification; Conceptual Review; submittal/routing; staff recommendations to
Planning and Zoning Board; neighborhood meetings; level of detail at preliminary
and final, ODP; variance language; and "other". Some of the recommendations will
require ordinance changes, while others do not. These recommendations are also
grouped by the time needed for implementation, into short range (within three
months of adoption of study); mid -range (within six months) and long, range
(within 12 months of adoption of study).
There are a series of ordinance changes proposed to the LDGS along with the
recommendations of the Neighborhood Compatibility Study. These changes cover the
short-range process recommendations (relating to affected property owner (APO)
notices, area of notification, signage posted at proposed development sites, pre -
Conceptual Review meetings and criteria for holding neighborhood meetings).
Several housekeeping changes are also proposed and clarify such things as using
the A71 Development Criteria to review administrative changes and extensions of
approved PUD's, requirements of attorney's certification on PUD plans and time
' periods for extensions of approved PUD's.
442
November 16, 1993
Affordable Housing Impact '
The Affordable Housing Policy directs staff to analyze the impact of City
policies and programs on the provision of housing affordability. The majority
of the proposed recommendations in the Neighborhood Compatibility Study are not
expected to affect the provision of affordable housing; however, the following
items would specifically increase costs to applicants of development proposals:
expanding the area of notice and requiring the applicant to pay for postage and
handling costs; and requiring a pre -Conceptual Review meeting and second
neighborhood meeting on controversial developments. The recommendation for
reducing the level of detail on preliminary plans is considered to be a positive
step toward encouraging affordable housing in the community.
RECOMMENDATION
Staff recommends adoption of the Resolution and Ordinance.
PLANNING AND ZONING BOARD RECOMMENDATION
At the November 1, 1993 Planning and Zoning Board meeting, the Board voted 5-0
to recommend adoption of the findings and recommendations of the Neighborhood
Compatibility Study and to recommend adoption of the proposed ordinance changes
with one change to the "purpose" section of the ordinance."
Sherry Albertson -Clark, Chief Planner, stated two actions are requested of
Council. One is to adopt the recommendations of the Neighborhood Compatibility '
Study and the other is to amend the City Code to implement portions of the Study.
She provided some history on the Neighborhood Compatibility Project and believed
the project has been approached as a team concept between Council, staff, and the
community. She stated that Council's suggestions have been completely
incorporated within the Study.
Rene Clements, Planning and Zoning Board Chairperson, stated that the Study
proposes that preliminary hearing land use issues will be reviewed and at final
review the specific site design issues will be reviewed. She stated this
document should provide for some consistency among planners and ensures that
information regarding various projects will be distributed to the citizens early
on in the process. She stated the Study recommends inter -departmental
cooperation on projects prior to projects being presented to the Planning and
Zoning Board. She urged Council to adopt the Resolution and the Ordinance.
Frank Vaught, Project Advisory Committee, stated that most people believe the
Land Development Guidance System is a successful document in creating a high
quality of new development in this community. He stated the Committee found that
people believe the process of the development was the most confusing aspect in
Neighborhood Compatibility. He believed the Study would channel citizen
participation in a positive direction in achieving the balance between the
community and developers etc.
443
November 16, 1993
' Emily Smith, Project Advisory Committee, stated this document defines a more
predictable means for projects under the Land Development Guidance System. She
stated that as a neighborhood representative, she was pleased to find out that
the developers, the City and neighbors have the same goal in mind. She stated
the Study illustrates that neighborhood character has value and merit. She urged
Council to adopt the Resolution and the Ordinance because it strengthens the
relationship between the neighborhoods, the City and the developers.
Councilmember Apt commended the Committee on the work put forth to create such
a fine document for this community. He asked if there was a particular part of
the Study that addresses mass transit compatibility.
Albertson -Clark responded that mass transit would be addressed in the engineering
section which encompasses design standards for streets and pedestrians etc. She
stated that Transfort is involved in the review process and provides information
on the need for bus stops within developments.
Councilmember Apt asked if the Study provides enough emphasis on alternative
transportation.
Clements stated the Study provides strong emphasis on requesting the community
members to ride their bikes, carpool, and use public transportation.
Councilmember Winokur asked for more specifics on providing a facilitator between
the neighborhoods and staff.
' Albertson -Clark replied that a neighborhood ambassador would be a volunteer
position that would work with the affected neighborhood and staff. She stated
another concept would be for a facilitator to attend individual neighborhood
meetings between staff and the affected neighborhood. She stated the financial
impact of a facilitator has not been determined. She explained that the
neighborhood ambassador would be a member of staff who is trained and has
experience in facilitation. She stated another aspect would be to have the
project planner remain the facilitator but have another person do the recording
of the meeting.
Councilmember Horak made a motion, seconded by Councilmember Apt, to adopt
Resolution 93-178.
Councilmember Kneeland commended the process that staff and the Committee has
worked through to create a document that looks out for the best interests of the
community. She stated the neighborhood ambassador program provides a bridge
between staff and the community to work together in the development aspect of
this community.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Winokur. Nays: None,
THE MOTION CARRIED.
Councilmember
Horak
made
a
motion, seconded by Councilmember Kneeland, to adopt
'
Ordinance No.
151,
1993
on
First Reading.
444
November 16, 1993
Councilmember Apt asked why the wording referring to staff having the option of '
extending the footage for notice was deleted. He stated additional language
should be incorporated within the Ordinance to provide specific criteria for
special projects that would incorporate a notification distance further than
1,000.
Albertson -Clark stated the wording was deleted because the expansion would occur
either by a project that is over 100 units or a non-residential project that is
over 50,000 square feet. She stated those two criteria would automatically
trigger the 1,000 foot expansion instead of seeking staff's approval.
Councilmember Apt asked if the notification sign would be highly visable to the
public.
Albertson -Clark stated the Committee suggested posting multiple signs. She
stated a size has not been specified and various options are still be reviewed.
She stated the sign would incorporate the City logo and the size of the sign
would be somewhat larger than the current sign.
Councilmember Apt suggested that some language be added to the Ordinance before
Second Reading regarding the size of the signs.
Councilmember Janett stated the efforts put forth by staff and the Committee have
resulted in a fine document. She stated that neighborhoods are a key part in any
development throughout this community.
Councilmember Horak believed there need to be sign notification specifications I
for any development that is occurring in this community. He stated the sign
notifying the public of a project needs to be highly visable.
Councilmember Winokur stated he appreciated the hard work that was put forth to
create the Study. He stated that with the involvement of the neighborhoods, a
chance of compatibility between the developer, the community, and the City is
more likely.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 93-179
Directing Staff to Prepare an Ordinance for the
Purpose of Establishing and Implementing a
Development Review Fee Schedule. Adopted as Amended
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
The Cost of Development Study, presented to City Council earlier this year, ,
included a study of Planning Fees (aka Development Review Fees). These fees are
collected by the Development Review Division of the Planning Department for
providing services specific to development -related items. During the City
445
November 16, 1993
I
Council review of the Cost of Development Study, Council directed staff to
propose a new schedule of fees to present for public input and for consideration
by Council.
Historically, Fort Collins has absorbed the costs associated with the review of
planning items and has maintained low fees; however, there is no policy base for
the current fees, nor is it clear what costs these fees were intended to cover.
Minor adjustments have been made to the existing fee schedule, which has been in
place since the ear7y-1980's. As new planning procedures were added (i.e. Minor
Subdivisions), fees for these procedures were also added.
In order to determine the costs of providing the review and processing of
planning items, data was collected from City departments and divisions that
regularly participate in reviewing development -related applications. Each
department or division provided estimates on the amount of time spent on a
"typical" application (such as one annexation or one preliminary PUD) for each
type of review the City performs or requires. "Typical" was defined as the best
measure of an estimated amount of time spent on each type of application, since
actual time spent per project does vary and is not recorded for each project.
Only those items that currently have a fee charged by the Planning Department
were considered in this study.
Data was collected for personal service costs (salary and benefits) and non -
personal service costs (i.e. equipment depreciation, supplies, telephone charges)
based on the amount of staff time devoted to development review activities.
' Indirect administrative costs were provided by the City's Budget Office and
include charges for those departments that provide internal support (i.e. City
Manager, City Clerk, Finance and Employee Development). Study results show that
current fees equate to approximately 2-11% of the actual cost of the review and
processing of planning items.
Fee Policy
The City's Fee Policy, adopted in 1992, contains criteria for determining cost
recovery for user fees such as the Development Review Fees. An important aspect
is that overall costs of providing a particular service must be established, in
order to determine the appropriate level of cost recovery. The policy also
identifies those services for which fees could be imposed and establishes a
method for determining the percentage of costs to be recovered through such fees.
The percentage of cost recovery for fees is expected to be lower for those
governmental services provided by the City for the public good, which includes
the regulation of land use. The fee policy also directs that the nature and
extent of the benefit to the fee payers, level of demand for a service and the
ease of collection be considered in determining cost recovery levels. The staff
recommendafion for Development Review Fees is based on the Council's adopted Fee
Policy. (A copy of the fee policy is included in the agenda materials.)
446
November 16, 1993
Citizen Involvement
'
There have been two focus group meetings
held to discuss these
fees (see attached
minutes). Several issues were raised
at these meetings,
as well as at the
October 4 Planning and Zoning Board
meeting. These issues are generally
summarized as relating to why revenues
(sales tax) were not
considered in the
proposed fee increases; how fees would be applied for
affordable housing
projects; sliding scale fees for particular types of projects
and why the appeal
fee was not considered as part of this
study.
Options
Several options for increasing fees are presented in tabular form in the attached
report. The options include cost recovery at 50% and 100%, as well as several
ways of defining "overall costs". Other options for sliding scale fees and for
phasing in fees over a period of time are also discussed. The Planning and
Zoning Board's recommendation of 20Y recovery of all costs is also included in
tabular form.
The 50Y cost recovery level implies that there is a shared benefit between the
community as a whole and development, which is also creating the demand for
development review services. The concept of 100% cost recovery, on the other
hand, implies that since the demand for development related services is created
by development, the full costs should be borne by development. Other options,
adjusting the cost recovery levels, were considered; however, the 50 and 100%
levels appear to provide logical levels to consider, depending on whether policy '
direction is for costs to be shared, or fully borne by development.
The data collected to determine the costs of development review activities
include a total of all of the development related costs of the departments and
divisions that are involved in such activities; however, the majority of time and
costs spent on development related activities is by those departments and
divisions of Community Planning and Environmental Services (CPES). Staff
believes that there is a shared benefit derived from City review of development -
related applications and that this benefit is shared between the community at
large and development.
Affordable Housing Impact
The Affordable Housing Policy directs staff to analyze the impact of City
policies and programs on the provision of housing affordability. The Development
Review Fee Schedule proposes increases to all development - related application
fees and would increase costs to applicants of development proposals. The cost
per unit or per lot would depend on the number of units or lots, as well as the
type of application. Per unit/lot costs, based on recently approved affordable
housing proposals, range from $12 - $122. While $12 - $122/unit or lot may seem
insignificant, the City needs to be concerned with the cumulative effect of fee
increases which may add up and impact housing costs.
I
447
November 16, 1993
' RECOMMENDATION
To date, there have been two different recommendations provided with respect to
Development Review Fee increases. Staff has recommended recovery of 50Y of the
costs incurred by CPES departments and divisions (excluding Zoning costs, which
are currently funded through Building Permit/Plan Check Fees) and that the
Development Review Fees be reviewed on an annual basis and adjusted for inflation
and service costs. This recommendation is based on the Council -adopted Fee
Policy.
At the October 4, 1993 Planning and Zoning Board meeting, the Board voted 4-3 to
recommend that the Cost Recovery Level for Development Review Fees be set at 20Y
and that fees be based on the "All Costs" category, excluding those departments
that are currently charging fees that cover their development -related costs
(Parks and Recreation, Stormwater Utility, Water and Wastewater and Zoning). The
Board also recommended the following actions be taken:
1. Establish a means of waiving or reducing fees for small scale projects;
2. Fees should be reviewed on an annual basis for inflation, as well as for
the costs of providing the service;
3. Data should be recorded on the time actually spent on projects; and
4. The Appeals Fee should be addressed under the same basic philosophy
' (determining costs and establishing level of cost recovery based on who
benefits).
Staff is seeking direction from Council so that an Ordinance establishing a
Development Review Fee Schedule may be prepared for Council consideration."
Greg Byrne, Director of Community Planning and Environmental Services, stated the
Development Review Fee Schedule is an outgrowth of two documents. He stated the
City's Financial Policies call for a Council decision on a percentage of cost
recovery through fees imposed on users of certain services that the City
provides. He stated the Cost of Development Study reviewed the City's estimated
costs for certain typical development review functions.
Sherry Albertson -Clark, Chief Planner, stated two focus group meetings took place
to discuss a Development Review Fee Schedule, which provided a recommendation
that the costs be based on the Community Planning and Environmental Services
Department's services with the exception of the Zoning Office. She stated the
proposal included a 50 percent cost recovery be attached to the various
departments costs for providing development review functions. She stated that
recommendation was taken to the Planning and Zoning Board which believed the
costs should be based on all departmental costs excluding Zoning, Water and
Wastewater, Storm Water Utility, and Parks and Recreation Departments. She
stated the Board recommended the cost recovery level should be set at 20 percent
and believed the community, rather than the developer, benefits more from the
work the City is doing on development applications. She stated the Board also
recommended that the appeal's fee be addressed using a similar philosophy.
Councilmember McCluskey asked if the sales tax is included into the Fee Schedule
and if it is included what impact does it have on the results.
M&
November 16, 1993
Krcmarik stated that it was not specifically included; however, Mr. Stan Everitt
made reference in the materials about the 1992 use tax being over a million
'
dollars. He stated it was never factored in because the sales and use tax is
distinctly different from the Development Review Fees.
Councilmember McCluskey stated asked if the specific sales and use tax on a
development could be incorporated into the Development Fees.
City Manager Burkett stated it would be a possibility if Council established that
as a policy. He stated the impact would be to take that money from other General
Fund operations and place it into Development Review.
Councilmember Apt asked if the current fees are at the lower end compared to the
surrounding areas such as Loveland and Larimer County.
Albertson -Clark stated that was correct and the City is accounting for 2 to 11
percent of the actual costs with the current fees. She stated there has not been
a fee increase since the early 80's.
Councilmember Winokur asked what percent is recovered from the Utility costs in
new development.
Shannon stated the costs recovered vary from Utility to Utility. He stated for
example the Water and Wastewater Department recovers a 100 percent of the front
end costs.
Councilmember Horak made a motion, seconded by Councilmember Apt, to adopt
Resolution 93-179 adding that the Development Review Fee Schedule be based on
'
recovery of 100 percent of the costs incurred for development review services by
all City departments that provide such service, excluding those that recover such
costs through other existing fee structure.
Councilmember Janett asked for clarification of the intent to exclude the
departments who have existing fee structures.
Councilmember Apt asked if the administrative costs are excluded from those fee
structures.
Councilmember Horak stated the intent of the motion is not to double charge
people.
Councilmember Kneeland stated she would not support the motion and was concerned
if the City would ever have any average income housing. She stated these fees
will be eventually passed along to the consumer.
Councilmember McCluskey stated he did not agree with the 100 percent figure. If
fees are at the bottom of the scale, there should be some middle steps taken
before the fees are at the very top of the scale.
:Li:]
November 16, 1993
' Councilmember Horak offered an amendment to add a new Section 2 to read that
options be explored and presented to Council for its consideration to utilize
City use tax revenue to defray the cost of the foregoing development review fees,
as well as other City fees, which may be imposed upon affordable housing projects
in the City. Councilmember Apt accepted the amendment as a friendly amendment
to the original motion.
Councilmember McCluskey asked for clarification on the amendment regarding use
tax.
Councilmember Horak stated the dollars would be moved from the high end housing
to help out the affordable housing needs.
Councilmember Kneeland stated she would not support the Resolution because
homeownership should be for all levels of income.
Councilmember McCluskey stated he would not support the Resolution and believed
that the figures should.be smaller so the results could be evaluated and increase
over time.
Councilmember Janett stated she would support the Resolution because of her
concern with the affordable housing issues in this community.
Councilmember Apt stated he would support the Resolution and believed a public
process should take place before the Ordinance implementing the fee schedule is
adopted.
Mayor Azari stated she would not support the Resolution because it does not
support both the public and the developer.
Councilmember Winokur stated the Ordinance to implement the fee schedule should
identify components of public good. He stated the fee structure should benefit
both the public and the developer.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Apt, Horak, Janett, and Winokur. Nays: Azari, Kneeland, and McCluskey.
THE MOTION CARRIED.
Resolution 93-180
Expressing the City's Position with Regard to the
Proposed Seven Utes Ski Resort
in Jackson County, Colorado, Adopted Option "A" as Amended
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
This Resolution expresses the City's concerns regarding the proposed Seven Utes
' Ski Resort near the town of Gould in Jackson County, Colorado, approximately 80
miles west of Fort Collins. I
450
November 16, 1993
The proposed Seven Utes development would include 600 hotel rooms and 1,450
condominiums on approximately 4200 acres of State trust land. This area contains
'
miles of wetlands, is home to many species of wildlife, and is an important
scenic and ecological resource. In addition, the City of Fort Collins obtains
City water from Cameron Pass in the area of the proposed resort and the
acquisition of water rights for this development could impact the City's rights.
Further study with regard to this issue is ongoing.
It is reasonable to assume that access to the Seven Utes Ski Resort would be
through Fort Collins, contributing to traffic congestion. In addition, the
resort, which would be developed along State Highway 14, could create land use
problems for Larimer County.
The State Board of Land Commissioners manages the land where the proposed Seven
Utes development would be located. The Board is charged with generating revenue
for Colorado schools through management of the land it owns. The resort proposal
is expected to generate about $500,000 per year. However, the State would incur
expenses upgrading the road for the increased traffic load generated by the
resort.
The Larimer County Commissioners have adopted a Resolution expressing great
concern about the proposed resort. The Natural Resources Advisory Board
recommends that Council oppose the resort (Option A). The Legislative Review
Committee recommends Option B of the resolution, which expresses the City's
concerns about the resort but does not take a position of opposing the resort."
Andrea Rieger, Assistant to the Director of Administrative Services, provided
'
background information on the various options that are available. She stated the
revenue from this proposed development would be approximately $500,000 per year.
She stated if a letter of intent is issued from the State Board of Land
Commissioners the project must complete several review through various entities.
She stated Option A is recommended by the Natural Resources Advisory Board and
Option B is recommended by the Legislative Review Committee.
Tim Johnson, Natural Resources Advisory Board, urged Council to oppose the
proposal because of the review process that the project has been going through.
He stated the public was not made aware of the project sufficiently.
Councilmember Janett asked why the resort would be contrary to the spirit and
intent of GO Colorado.
Johnson stated the intent of GO Colorado preserves land such as this for hiking,
hunting, backpacking, horseback riding, etc. He stated building such a resort
would inhibit such activities.
Councilmember Kneeland stated the Legislative Review Committee proposed Option
B as a result of the Resolution from the County Commissioners. She believed that
as a Council the Seven Utes project should be opposed.
Councilmember Kneeland made a motion, seconded by Councilmember Winokur, to adopt
Resolution 93-180 Option A adding,"Whereas, the process for reviewing the Resort
has failed to provide members of the public and affected government agencies with
'
an adequate opportunity for meaningful input to the Board".
451
November 16, 1993
' Matthew Vonriesen, representative of the Coalition to Save the Colorado State
Forest, stated he opposed the Seven Utes project and urged Council to adopt
Option A. He stated the process and lack of information distributed was
insufficient.
Greg Gamble, Poudre Canyon Sierra Club, stated the Club and surrounding residents
are opposed to the Seven Utes project. He urged Council to adopt Option A. He
stated the traffic impact is a substantial environmental concern for Poudre
Canyon.
Councilmember Janett stated the amount of traffic that would pass through Fort
Collins would have a substantial impact on the city's environment.
The vote on Councilmember Kneeland's motion was as follows: Yeas:
Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Winokur.
Nays: None.
THE MOTION CARRIED.
Resolution 93-181
Making Findings of Fact Regarding the Appeal
of the Planning and Zoning Board Approval with
Conditions of the Spring Creek Village Preliminary P.U.D.,
and Remanding the Matter Back to the Planning and
Zoning Board for a New Hearing, Adopted
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
The appeal by the affected parties - in- interest was based on the allegations that:
The Planning and Zoning Board approval was improper due to inadequate,
confusing and improper notices being sent to the parties - in- interest
resulting in a failure of the Planning and Zoning Board to hold a fair
hearing.
The Planning and Zoning Board abused its discretion by making an
arbitrary decision to approve Spring Creek Village P.U.D. without the
support of competent evidence in the record.
The Planning and Zoning Board abused its discretion by making an arbitrary
decision to increase the number of unrelated persons who may reside in
individual dwelling units pursuant to Ordinance No. 142, 1987 without
competent evidence in the record.
452
November 16, 1993
At the November 2, 1993 hearing on this matter, Council considered the testimony
of City staff, the appellants, and the applicants of Spring Creek Village
Preliminary P.U.D. In subsequent discussion at this hearing, Council determined
that the Board failed to conduct a fair hearing on September 27, 1993 because the
Board substantially ignored its previously established rules of procedure since
the notices provided to the affected parties - in- interest of the September 27,
1993 Planning and Zoning hearing did not afford those parties a reasonable
opportunity to be heard."
City Attorney Roy stated this Resolution summarizes Council's findings with
regard to the appeal.
Councilmember Horak made a motion, seconded by Councilmember Kneeland, to adopt
Resolution 93-181.
Councilmember Winokur asked what changes have been made to the Code with regard
to appeals.
City Attorney Roy stated the Leadership Team will review the process with regard
to several issues related to the appeal procedure. He stated at this time there
is no process in place.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 93-182
Authorizing a Waiver from the UGA Public Street
Capacity Requirement to Construct Off -Site Street
Improvements for Wildflower Ridge Preliminary PUD, Adopted
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
A waiver to the public street capacity requirement results in the payment of a
waiver fee of $700 per additional lot for development of this site, for a total
of $15,400.
"EXECUTIVE SUMMARY
This waiver request pertains to the Wildflower Ridge Preliminary PUD, which
consists of 23 single family lots (one with an existing residence on it) and two
tracts of open space totalling 3.5 acres, on a total of 12.1 acres. The site is
located 112 mile west of Taft Hill Road on the south side of County Road 38E.
The site is zoned for single-family residential use and presently contains one
residence. The site is not eligible for annexation because it does not meet the
116 contiguity requirements. City limits are presently located approximately 114
mile east of the site.
453
November 16, 1993
' In order for a property to be subdivided in the Urban Growth Area, it must be
shown that the property will conform to the UGA Phasing Criteria. Of the four
Urban Growth Area Phasing Criteria, the proposed preliminary plan meets the
requirements for public water capacity, public sewer capacity, and 116 contiguity
to existing development. A waiver is being requested for the requirements for
public street capacity.
Under the Phasing Criteria for public street capacity, the developer would be
responsible for improving Red Fox Road from the site to County Road 38E, to
current City iocal street standards, and for improving County Road 38E, an
arterial street, from the site to Taft Hill Road. Improvements to Taft Hill Road
to the Horsetooth/Taft Hill intersection would also be required. The addition
of 22 homes in this area does not warrant the extensive improvements that would
be required, given that this area has developed, to a large extent, through the
County's Minor Residential Development (MRD) process, which does not require
street improvements, and through subdivisions approved before the enactment of
the UGA Agreement's development requirements.
The intent of the waiver process is to avoid the imposition of unnecessary
impediments to in -fill development proposals or sites. In -fill development sites
are those in essentially developed portions of the UGA whose impact on existing
services and facilities is relatively minimal. In -fill sites are differentiated,
in the Larimer County Supplemental Regulations, from sites that require the
extension of upgrading of basic infrastructure and other services and facilities,
so that the development or use of the site can proceed (which, in the County's
Regulations are referred to as "Sequential Development Proposals").
A joint traffic study for this project, and the Fox Hills PUD located to the
south, was completed and reviewed by City and County traffic engineers. The
study indicates a number of improvements to County Road 38E are needed, including
left turn lanes and bicycle lanes, and will be required to protect public health
and safety. These will be required as a condition of approval of the subdivision
request.
The Larimer County Commissioners may waive phasing criteria provided that:
1. The waiver will not result in unplanned public expense for provision of
public services, improvements, or facilities;
2. The waiver is consistent with the intent and purpose of the County and
adjoining municipality's Comprehensive Plan or Policies;
3. The waiver application contains materials indicating approval may be
granted without substantial detriment to the intent and purposes of the
Supplementary Regulations which apply to the area;
4. The waiver application contains materials indicating there are exceptional
circumstances which apply to the specific piece of property which do not
apply generally to the remaining property in the Urban Growth Area; and
5. The waiver application contains material indicating approval would not
impair the public health and safety by creating undesirable traffic
conditions, unhealthy sanitary conditions or adverse environmental
influences in the area.
454
November 16, 1993
This site is considered an in -fill site. The basic infrastructure needed to '
serve the site is in place or planned to be improved (the intersection of County
Road 38E and Taft Hill Road will be improved using MPO funds). The waiver will
not result in unplanned public expense for provision of public services,
improvements, or facilities and is consistent with the intent and purpose of the
County and adjoining municipality's Comprehensive Plan or Policies. Staff is
recommending approval of the waiver request with the following condition:
The waiver fee of $700 per additional lot be collected at the time of
.building permit.
URBAN GROWTH AREA REVIEW BOARD:
The waiver request will be considered by the Urban Growth Area Review Board at
its December 1, 1993 meeting."
Ken Waido, Chief Planner, stated the waiver request pertains to the Wildflower
Ridge Preliminary P.U.D. which is a development proposal in the County. He
stated the development consists of 24 units on 12 acres and is located 112 mile
west of Taft Hill Road. He stated the intent of the waiver process is to avoid
the imposition of unnecessary impediments to infill development proposals or
sites. He stated staff recommends approval of the waiver request along with the
improvements that are required along County Road 38E.
John Barnett, Larimer County Planning Director, recommended Council approve the
waiver request. He stated the County has negotiated an agreement with the '
Developer whereby the waiver fees would be paid upfront and the improvements to
County Road 38E would be part of the Foxhills' development agreement.
Councilmember Janett asked about the plan for accomplishing the street needs for
that particular area.
Barnett stated the waiver fee is a fee in lieu of constructing the street to
urban standards. He stated in this instance most of the subdivisions in the area
have either paid the waiver fee or were minor residential developments.
Councilmember Janett asked how the overall street improvements would be taken
care of over time.
Barnett stated the current capacity issues deal primarily with the intersection
and the turning movements at that intersection. He stated if further development
occurs there would be some money available from the collection of impact fees for
additional improvements. He stated the County does not currently have plans to
widen the road to full urban standards and does not have the resources to do
that.
Councilmember Apt asked if the County has any plans to improve the existing
streets in that area.
Barnett stated the County does not assume maintenance of the minor residential
streets that were not constructed up to County urban standards. He stated it may ,
not be necessary for the City to annex the entire area.
455
November 16, 1993
' Mayor Azari asked what the benefit would be to the County if there are currently
no plans to complete County Road 38E.
Barnett responded the intersection of County Road 38E experiences peak hour
delays for cars that are trying to turn northbound on Taft Hill Road. He stated
the improvements are focused on the intersection of Taft Hill Road and County
Road 38E.
Councilmember Janett asked what happens if Council did not approve the request
for waiver.
Barnett stated the intergovernmental agreement provides that the waiver fees
apply based on the recommendation of City Council. He stated the County
Commissioners have never approved a waiver over the objections of the City
Council.
Waido stated .the reason Commissioners have not approved a waiver contrary to
Council's decision is that prior to 1988, the waiver requests required approval
by both Council and the Commissioners. He stated in the amendment to the UGA
Agreement in 1988, Council's input into waiver requests was reduced to one of
making a recommendation to the County Commissioners; however, the Commissioners
hold that recommendation in high regard.
Councilmember Kneeland made a motion, seconded by Councilmember McCluskey to
adopt Resolution 93-182.
' Ian Peterson, representative for the developers of the project, stated the off -
site street improvement waiver is intended to be a phasing criteria established
to ensure that urban development occur logically as infrastructural elements were
extended to support new development. He believed the traffic capacity on County
Road 38E was not an issue. He stated County Road 38E already serves other
developments in the urban fringe area.
Steve Svan, Fox Hills Developer, stated the traffic study addresses the traffic
need to the year 2010 and states County Road 38E will be adequate to handle the
traffic flow. He stated Fox Hills is paying for the improvements and adding an
additional $700 for an off -side road waiver fee.
Councilmember Janett stated she would support the Resolution. She stated she
appreciated the developer's intent to offset the impacts of the development on
the road.
Councilmember Apt stated he would not support the Resolution. He stated there
is no long term strategy by the County to resolve the issue of responsibility for
the streets.
Councilmember Kneeland stated she would support the Resolution because it
encourages infill projects.
Councilmember Horak stated he would not support the Resolution. He believed this
' was not an infill development.
I
Mayor Azari stated she would support the Resolution. 'She believed some policies
should be developed for the outlying areas for street improvements.
456
November 16, 1993
The vote on Councilmember Kneeland's motion was as follows: Yeas: I
Councilmembers Azari, Janett, Kneeland, McCluskey, and Winokur. Nays:
Councilmembers Apt and Horak.
THE MOTION CARRIED.
Other Business
Councilmember Winokur made a motion, seconded by Councilmember Janett, to direct
the City Manager to review and analyze the four service area director
organizational structure and report back with alternatives, findings, and
recommendations within 90 days.
The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers
Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Winokur. Nays: None.
THE MOTION CARRIED.
The meeting adjourned at 12:45 a.m.
ATTEST:
City Clerk
`.
ayor
fl
457