HomeMy WebLinkAboutMINUTES-06/07/1994-RegularJune 7, 1994
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:30 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday
June 7, 1994, at 6:30 p.m. in the Council Chambers of the City of Fort Collins,
City Hall. Roll call was answered by the following Councilmembers: Azari, Apt,
Janett, Horak, Kneeland, McCluskey and Smith.
Staff members present: Burkett, Krajicek, Roy.
Citizen Participation
Al Baccili, 520 Galaxy Court, opposed the City's membership to the Platte River
Power Authority and opposed paying dues to the Chamber of Commerce. He suggested
that the money would be better spent on housing and environmental needs.
Leanne Tiemann, expressed concerns regarding the Shenandoah PUD and requested a
variance be granted to reduce the number of dwelling units per acre.
Robert Collins, concurred with Ms. Tiemann and spoke of traffic concerns in the
area of Trilby Road. He stated additional growth in South Fort Collins would
overtax roads that already can not handle the traffic flow.
Don Taranto, 1316 La Eda Lane, concurred with comments made by Mr. Collins.
Citizen Participation Follow-up
Councilmember Horak stated he would like information regarding the Shenandoah
PUD. He clarified the City does not pay Chamber of Commerce dues and spoke of
the dues paid to the Platte River Power Authority.
Agenda Review
City Manager Steve Burkett stated that Items #35, Resolution 94-92 Eliminating
Youth Fares on Transfort, and #44, Ordinance No. 97, 1994, Appropriating
Unanticipated Revenue and Authorizing the Transfer of Appropriations Between
Projects in the Community Development Block Grant Fund, had been revised and
placed in Council's Read Before the Meeting folder.
Marlene Henderson, 3824 Nite Court, requested that Items #31, Items Related to
the Robert Shields Annexation and Zoning, and #32, Items Related to the Strachan
Farm Annexation and Zoning, be withdrawn from the Consent Calendar.
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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 be "pulled" off
the Consent Calendar and considered separately. Agenda items pulled from the
Consent Calendar will be considered separately under Agenda Item #40, Pulled
Consent Items.
13.
14.
This Ordinance, which was unanimously adopted on First Reading on May 17,
rezones approximately 350 acres from the T-Transition District to the
following zones: 30 acres of B-P, Planned Business, District; 60 acres of
I-P, Industrial Park, District; and 260 acres of R-L-P, Low Density
Planned Residential. The T Zone is for properties in a transitional stage
with regards to ultimate development. The property is located south of
County Road #50, on either side of Summit View Road and one-half mile
north of East Vine Drive. The I-P portion is to be located east of Summit
View and south of County Road #50; the B-P portion is to be located
southwest of the Summit View/County Road #50 intersection; and the balance
of the property would be zoned R-L-P. According to the Code of the City
of Fort Collins, within sixty days from the date the matter is considered
by the Planning and Zoning Board, the City must change the zoning for a
property in the T Zone to another zoning district included within the
Zoning Code.
APPLICANT: K & M Company
c/o Lucia Liley
110 East Oak Street
Fort Collins, CO 80524-2880
OWNER: Same
On February 1, 1994 Council approved acquisition of 25-acres of land and
water rights for natural area and storm drainage purposes for a total
purchase price of $273,025. The acquisition was structured as a bargain -
sale in which the total value was estimated at $335,000, and the sale
included a gift value of $61,975 to the City of Fort Collins. Subsequent
to Council approval, the sellers elected to restructure the agreement such
that the City paid full value of the property and simultaneously received
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15.
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June 7, 1994
a cash donation of $61,975. Ordinance No. 71, which was unanimously
adopted on First Reading on May 17, appropriates the donation back to the
Natural Areas Project of the General Capital Fund.
Community Decision -Making Process.
The majority of costs for this process will likely be incurred in 1994.
Staff has estimated that the costs for 1994 will total approximately
$100,000. Council has voted to appropriate $10,000 for the design phase
of this project. The City Manager will obtain up to an additional $10,000
to complete this phase from existing 1994 appropriations. At the
completion of the design phase, the Organizational Task Force will bring
forward a detailed recommendation for implementation and funding of the
remainder of the process. Ordinance No. 72, 1994, was unanimously adopted
as amended on First Reading on May 17.
Ordinance No. 73, which was unanimously adopted on First Reading on May
17, adjusts the 1994 amount to be paid to the Convention and Visitors
Bureau and Cultural Development Programming Account, based on 1993 actual
collections in accordance with the current contract.
Ordinance No. 76, which was unanimously adopted on First Reading on May
17, will implement a portion of the City's Water Demand Management Policy,
as adopted by Council in April of 1992. It will amend various sections of
Chapter 29 of the City Code, including the Land Development Guidance
System, in order to establish water conservation standards for the design
and installation of landscapes and irrigation systems. It is applicable
to commercial, industrial, public, and residential "common area"
landscapes, and their associated irrigation systems. It does not apply to
the landscapes of single family residences. It is estimated that the
adoption of this ordinance will result in a water savings of 2.7 to 5.4
million gallons of water per year, and 24,000 to 48,000 gallons per day in
peak demand.
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The full implementation of the City's Cross -Connection Control Program
will require two separate actions by Council. The first, covered by this
agenda item, is considered by staff to be "housekeeping" amendments to
existing City Code.
The proposed amendments change the definition of "an approved device" to
reflect the current industry standard. As amended Section 26-189 will
require that rules and regulations needed to implement and administer the
City's Cross -Connection Control Program be adopted by City Council.
Violating such rules and regulations will become a misdemeanor violation
under the Code.
The adoption of the proposed rules and regulations will be the second step
to implement the cross -connection control program. These could have
significant impact on the City's customers and will need careful review
and consideration. The proposed rules and regulations are being reviewed '
by the Water Board and will be presented to City Council after Board
review has been completed. Ordinance No. 77 was unanimously adopted on
First Reading on May 17.
19. Second Reading of Ordinance No. 79, 1994, Amending Section 21-87 of the
Code Relating to the Retirement Committee.
The City of Fort Collins General Employees Retirement Plan as amended and
restated effective January 1, 1992 was adopted by the City Council on
April 7, 1992. The Plan provides for a Retirement Committee to administer
the Plan, and sets out specific criteria for membership on the Committee.
The Committee is composed of five members consisting of the Director of
Finance, at least three employees who are covered by the Plan, and one
other member who may be either an employee covered by the Plan or a
taxpaying elector of the City.
Ordinance No. 79, which was unanimously adopted on First Reading on May
17, amends Section 21-87 of the City Code to be consistent with the
provisions of the Plan. Specifically, it clarifies that only members who
are not employees of the City must be taxpaying electors of the City.
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20. Second Reading of Ordinance No. 80, 1994, Authorizing the City to Convey
a Farm House to the Fort Collins Housing Authority.
The City acquired Ridgeview Park near Clarendon Hills in 1991. This ten
acre undeveloped park site adjacent to McGraw Elementary School contains
an old farm with eleven small buildings on it. The property was purchased
from Poudre R-1 School District. In recent months a development proposal
has been initiated to build 100 housing units on the remaining 50 acres
around the school and park. It is estimated that residential development
will begin this summer. Staff believes that the farm buildings may
attract trespassers once housing in the area becomes a reality. Of all of
the buildings, the farmhouse itself appears to be sound and could be
relocated.
Staff has contacted Jim Kline of the Fort Collins Housing Authority to
determine the Housing Authority's interest in the house. After a site
inspection and a lead paint inspection, Mr. Kline indicated the Housing
Authority would like to have the house and had a lot on which it could be
relocated. The Housing Authority would like to move the house in June of
this year at its expense. Ordinance No. 80 was unanimously adopted on
First Reading on May 17 and conveys the farm house to the Fort Collins
Housing Authority.
21. Second Reading of Ordinance No. 81, 1994, Authorizing the City to Grant a
Non -Exclusive Easement for a Domestic Waterline to Fort Collins -Loveland
Water District, A Political Subdivision of the State of Colorado.
22.
Ordinance No. 81, which was unanimously adopted on First Reading on May
17, grants the Fort Collins -Loveland Water District a 30 foot easement
through the Southside Service Center Site. This easement is needed to
loop the District waterline from Portner Road to the Huntington Hills
Subdivision. The waterline easement will parallel an existing sewer line
easement. The looping of the waterline helps to ensure the continuous
supply of water to the City's Transfort site, because it will allow water
to be provided even if part of the line fails.
Public Service Company is requesting a 30 foot easement for an electric
line adjacent to Drake Road to better serve area homeowners. This land is
owned by the City and used by the Light and Power Department. When Drake
Road is improved, the easement area will be within the street right-of-
way. The need for the easement was identified during the planning process
for Hampshire Pond PUD. But, since the City's land is unplatted, the
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June 7, 1994 '
easement could not be included in the PUD. Ordinance No. 82, which was
unanimously adopted on First Reading on May 17, grants the easement and
brings the utilities closer to the City's property.
The City of Fort Collins has an unplatted storm drainage area bordered by
Skyline Drive and Fort Ram Village II. Colorado State University is
constructing a new housing project to the north of this area and needs to
install an irrigation line. The Colorado State Board of Agriculture is
requesting an 8 foot easement on the easterly edge of the existing
utilities.
Stormwat.er Utility personnel have reviewed this easement request and
believe .this easement will not interfere with its detention area.
Ordinance No. 83 was unanimously adopted on First Reading on May 17.
Revenue of $10,359 for the Library Outreach Program. '
In 1981 Larimer County phased out its "Yeller Feller" Bookmobile service
and instead the County divides its library monies among the six (6)
communities with library service. There is no Larimer County Library.
The library funds are divided among existing libraries for the purpose of
providing library service. The dollars allocated for library service are
generated by property taxes. The dollars allocated to each jurisdiction
is based on how many non-residents are served. This year the Fort Collins
Public Library served a lower percent of non-residents than the previous
year. The $103,590 represents a 6.2 percent decrease from 1993. This
ordinance, which was unanimously adopted on First Reading on May 17,
appropriates $10,359 for the Library Outreach Program.
25. First Reading of Ordinance No. 74, 1994, Authorizing the Long Term Lease
of Property at the Fort Collins -Loveland Municipal Airport for the
Construction of a Commercial Hangar.
The Airport Manager has negotiated a lease of property to Gracon Leasing
Company for the construction of a flight training facility. Gracon
Leasing Company will construct a building and an aircraft parking ramp on
the lots. The building, which will be at least 12,000 square feet, will
house offices, and include an aircraft maintenance hangar area. At the
expiration of the lease, the improvements revert to the ownership of the
Cities.
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June 7, 1994
The construction of the commercial hangar will generate new revenue for
the Airport and help meet the flight training needs of the local
community.
Colorado Municipalities", 1977 Edition.
The CSU Police Department has requested the City's assistance to provide
greater clarification for enforcement purposes in the existing Section 21-
5 of the Model Traffic Code, as adopted in the City Code, relating to
skates, skateboards, in -line skates and other similar devices. These
revisions to this Section specifically add skateboards, coasters and in -
line skates to the list of devices currently covered by Section 21-5.
They also clarify the language of the Section pertaining to the posting of
traffic control devices to prohibit the use of such devices in certain
public areas. In addition, these revisions state that persons riding on
roller skates, skateboards, in -line skates, coasters or similar devices in
designated areas, such as sidewalks, trails, public plaza areas or other
public ways, must yield the right-of-way to pedestrians.
On June 15, 1993, the City Council adopted Resolution 93-87 authorizing
the City Manager to notify the Colorado State Board of Agriculture of the
City's intent to terminate the 1974 service agreement, effective June 30,
1994. The 1974 Agreement set forth the terms and rates pursuant to which
the City agreed to provide Colorado State University (CSU) with water and
sewer services. Rate adjustments required an amendment to the agreement
and were effective July 1st of each year, to accommodate CSU's budget
cycle.
The proposed Ordinance modifies Sections 26-127, 26-278, 26-279, 26-281,
and 26-284 of the City Code to accommodate CSU as a "normal" customer of
the Water and Wastewater Utility, but with unique monthly service charges.
The rate adjustment reflected in this Ordinance is consistent with the
rate increase (0% for water and 6% for wastewater) that went into effect
for other customers on January 1, 1994. Future rate and cost of service
adjustments will be implemented along with adjustments for other customer
classes, effective the first of the year.
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30.
June 7, 1994
Ordinance No. 89, 1994 of the Council of the City of Fort Collins, amends
Chapter 20, Article III, of the Code of the City regarding weeds, brush,
and rubbish, and Article I regarding stagnant water. The Ordinance
addresses (1) addition of some non-native plant species to the banned weed
list; (2) deletion of all native species from the banned weed list; (3)
variances to allow grass to grow to full height on certified natural areas
and certified xeriscapes; (4) removal of Sec. 20-1: "Stagnant water
declared a nuisance"; and (5) minor editorial changes of various sections
for clarity, consistency with other sections, or revisions to names of
plant species to be compatible with the most recent publication of Weeds
of the West, which is the most widely used reference on weeds.
First Reading of Ordinance No. 90, 1994 Amending Chapter 29 of the Code of
the City so as to Revise and Extend the Review Process for Planned Unit
Developments and Subdivisions.
This is a request to amend the Land Development Guidance System and
Subdivision Regulations to add two weeks to the current "7-week" review
process schedule, for a total of "9-weeks", for processing of planned unit
developments, subdivision plats and other development matters that appear
before the Planning and Zoning Board. The new processing schedule
maintains the current schedule of Planning and Zoning Board meetings,
which generally occur on the 4th Monday of each month. The sequence of
the stages of the review process will also not change. The major change
will be that the date of submittal of a development application will be
moved back two weeks. For example, the new submittal date for the October
meeting of the Planning and Zoning Board will be on August 22 rather than
on September 6 as the current schedule indicates.
Staff opened the two bids received for the Shields Street - Street
Improvements on May 29. The $1,053,000 low bid was 16 percent, $145,000,
over the engineer's estimate of $908,000.
Staff also opened the two bids received for the Shields Street Landscape
Improvements on May 29.. The low bid of $196,000 was $4,000 over the
engineer's estimate.
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June 7, 1994
Since the bid opening Council has added the right turn lane at Elizabeth
back into the project. This will add an additional $30,000 to the bids.
Also the cost of acquiring right-of-way may exceed the estimate by
$20,000.
Staff recommends funding the needed $200,000 from the Street Oversizing
Fund, which has an estimated year end fund balance of 3.7 million.
31. Items Related to the Robert Shields Annexation and Zoning.
A. Public Hearing and Resolution 94-88 Setting Forth Findings of Fact
and Determinations Regarding the Robert Shields Annexation.
Hearing and First Reading of Ordinance No. 92, 1994, Annexing
Approximately 18.4 Acres, Known as the Robert Shields Annexation.
C. Hearing and First Reading of Ordinance No. 93, 1994, Zoning
Approximately 18.4 Acres, Known as the Robert Shields Annexation,
Into the R-L-P, Low Density Planned Residential, District with a PUD
Condition.
' This is a request to annex and zone approximately 18.4 acres located east
of County Road #9 and one-half mile north of Harmony Road. The property
is currently zoned FA-1 Farming in the County which allows single-family
residential development with a minimum lot size of 2.29 acres. The
requested zoning is the R-L-P, Low Density Planned Residential, District
with a PUD condition. The R-L-P District could allow for a variety of
housing types and densities through the PUD process, but due to the
property's relatively small size a variety of uses is not likely to occur.
The property is presently undeveloped. This is a voluntary annexation of
property located in the Fort Collins Urban Growth Area.
APPLICANT: The Everitt Companies
c/o Cityscape Urban Design, Inc.
3555 Stanford Road, Suite 105
Ft. Collins, CO 80525
OWNERS: Robert & Wendy Shields
3910 S. County Road #9
Ft. Collins, CO 80525
32. Items Related to the Strachan Farm Annexation and Zoning.
A. Public Hearing and Resolution 94-89 Setting Forth Findings of Fact
and Determinations Regarding the Strachan Farm Annexation.
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June 7, 1994
Hearing and First Reading of Ordinance No. 94, 1994, Annexing
Approximately 17.9 Acres, Known as the Strachan Farm Annexation.
Hearing and First Reading of Ordinance No. 95, 1994, Zoning
Approximately 17.9 Acres, Known as the Strachan Farm Annexation,
Into the R-L-P, Low Density Planned Residential, District with a PUD
Condition.
This is a request to annex and zone approximately 17.9 acres located east
of County Road #9 and north of the Hewlett Packard Plant on Harmony Road.
The property is currently zoned FA-1 Farming in the County which allows
single-family residential development with a minimum lot size of 2.29
acres. The requested zoning is the R-L-P, Low Density Planned
Residential, District with a PUD condition. The R-L-P district could
allow for a variety of housing types and densities through the PUD
process, but due to the property's relatively small size a variety of uses
is not likely to occur on the site. The property is presently
undeveloped. This is a voluntary annexation of property located in the
Fort Collins Urban Growth Area.
APPLICANT: Chateau Custom Builders, Inc.
c/o Cityscape Urban Design, Inc.
3555 Stanford Road, Suite 105
Ft. Collins, CO 80525
OWNERS: Marvin D. & Doris E. Strachan
4108 S. County Road #9
Ft. Collins, CO 80525
At the March 9, 1994 meeting of the Quint Cities group (the group was
recently expanded to include Wellington, Evans, and both Larimer and Weld
Counties in addition to Fort Collins, Greeley, Loveland and Berthoud) the
City Managers and Town Administrators from each community were directed to
prepare a resolution, work plan and project budget for a regional
initiative designed to preserve the identities and physical separation
between the various cities and towns of Northern Colorado.
The purpose of the Commercial Loan Incentive Program (CLIP) is to provide
Fort Collins commercial and industrial customers with additional financial
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June 7, 1994
incentives to invest in electrical energy efficiency improvements. CLIP
is proposed to be a multi -faceted program which will provide financial
support to Light and Power's Demand Side Management Programs (currently
under development) as well as independently developed customer
improvements that meet program parameters.
35. Resolution 94-92 Eliminating Youth fares on Transfort.
This action authorizes the City Manager to eliminate fares charged to
persons under the age of eighteen, effective June 9, 1994. Persons under
the age of eighteen would thereby be allowed to ride Transfort without
charge.
36. Resolution 94-93 Stating the City's Position on the Proposed Wilderness
Designation for Rocky Mountain National Park.
Congressman Skaggs has introduced a bill which would designate a total of
240,650 acres in four separate areas as a wilderness area in Rocky
Mountain National Park. Ninety percent of the Park is currently managed
as a wilderness area, and the bill would codify current management
practices. Congressman Allard has asked for the City's position on this
' legislation.
37. Resolution 94-94 Making Appointments to the Commission on the Status of
Women.
Three vacancies currently
due to the resignations
Everett. Applications
recruitment process and
interviews on May 23 anc
following individuals be
expire as noted below:
Name
JoAnn Ginal
Laima Skuja
Diane Lathrop
exist on the Commission on the Status of Women
of Mary Zamora, Beryl McGraw, and Kathleen
were recently solicited through the annual
Councilmembers Janett and Azari conducted
24. The interview team is recommending the
appointed to fill the vacancies with terms to
Expiration of Term
July 1, 1995
July 1, 1996
July 1, 1996
Additional appointments will be made to the Commission on the Status of
Women on June 21 as a part of the annual appointments.
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June 7, 1994 '
A. Postponement of Resolution 94-61 Setting Forth Findings of Fact and
Determinations Regarding the Overland Trail Annexation, to July 19.
B. Postponement of Hearing and First Reading of Ordinance No. 54, 1994,
Annexing Approximately 282 Acres, Known as the Overland Trail
Annexation, to July 19.
C. Postponement of Hearing and First Reading of Ordinance No. 55, 1994,
Zoning Approximately 212 Acres of the Overland Trail Annexation Into
the R-F, Foothills Residential, District and Placing the Remaining
70 Acres Into the R-L-P, Low Density Planned Residential, District,
to July 19.
The Planning Department staff met on April 16, 1994, with the applicants
of the Overland Trail Annexation and Zoning request. Due to the alleged
problems with notification of adjacent property owners, the applicants
have agreed to re -process the request through the Planning and Zoning
Board. The item will be scheduled for the Board's June 27 meeting for '.
another public hearing. The item will then be scheduled for Council
consideration on July 19.
Routine Deeds and Easements.
A. Easement Dedication from Dale L. Boehner and Dianna L. Boehner for
the purpose of stormwater detention ponds located on the East and
West ends of Lot 13 of Creger Plaza second Replat. Monetary
consideration $0.
B. Easement Dedication from Dale L. Boehner and Dianna L. Boehner along
with Michael J. Hickey and Tracy J. Hickey for the purpose of
access. The portion of land is located on the East end of the
common line between Lots 12 and 13 of Creger Plaza. Monetary
.consideration $0.
Easement Dedication from Dale L. Boehner and Dianna L. Boehner for
utility purposes over the portion of land in the Southeast corner of
Lot 13 of Creger Plaza. Monetary consideration $0.
Deed of Dedication from Gerald J. Dusbabek and Elizabeth Ann
Dusbabek for drainage purposes over the West 40 feet of the East 105
feet of the said parcel described in Reception #93007441. Monetary
consideration $10.
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E. Powerline Easement from Penny L. Snyder, 2409 Mathews, needed to
install underground streetlight. Monetary consideration: $10.
F. Powerline Easement from Chris J. and Georgia J. Christopher, 1511
Remington, needed to install underground streetlight. Monetary
consideration: $10.
G. Powerline Easement from Chester E. and Lucille L. Evans, 724
Mathews, needed to install new underground streetlight. Monetary
consideration: $10.
H. Powerline Easement from Colorado Delta Association of Sigma Alpha
Epsilon, 306 West Laurel, needed to install new underground
streetlight. Monetary consideration: $10.
Items on Second Reading were read by title by City Clerk, Wanda Krajicek.
13.
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14. Second Reading of Ordinance No. 71, 1994, Appropriating Unanticipated
Revenue to the Natural Areas Project of the General Capital Fund.
15.
16.
17.
!E?a
Water Utility.
19.
ME
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21.
22.
23.
24. Second Reading of Ordinance No. 85, 1994, Appropriating Unanticipated
Revenue of $10,359 for the Library Outreach Program.
46.
47. Second Reading of Ordinance No. 86, 1994, Appropriating $162,662 of
Unanticipated Revenue for the Construction of Bike Lanes on County Road 9
Between Horsetooth Road and Harmony Road. '
48. Second Reading of Ordinance No. 78, 1994, Creating an Air Quality Advisory
Board.
Items on First Reading were read by title by City Clerk, Wanda Krajicek.
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Collins.
25.
26.
27.
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28. First Readinq of Ordinance No. 89. 1994. Amending Chanter 20. Articles I
29.
30.
31. Items Related to the Robert Shields Annexation and Zoning.
Hearing and First Reading of Ordinance No. 92, 1994, Annexing
Approximately 18.4 Acres, Known as the Robert Shields Annexation.
B. Hearing and First. Reading of Ordinance No. 93, 1994, Zoning
Approximately 18.4 Acres, Known as the Robert Shields Annexation,
Into the R-L-P, Low Density Planned Residential, District with a PUD
' Condition.
32. Items Related to the Strachan Farm Annexation and Zoning.
A. Hearing and First Reading of Ordinance No. 94, 1994, Annexing
Approximately 17.9 Acres, Known as the Strachan Farm Annexation.
Hearing and First Reading of Ordinance No. 95, 1994, Zoning
Approximately 17.9 Acres, Known as the Strachan Farm Annexation,
Into the R-L-P, Low Density Planned Residential, District with a PUD
Condition.
38. Items Relating to the Overland Trail Annexation and Zoning Postponed to
July 19.
A. Postponement of Hearing and First Reading of Ordinance No. 54, 1994,
Annexing Approximately 282 Acres, Known as the Overland Trail
Annexation, to July 19.
Postponement of Hearing and First Reading of Ordinance No. 55, 1994,
Zoning Approximately 212 Acres of the Overland Trail Annexation Into
the R-F, Foothills Residential, District and Placing -the Remaining
70 Acres Into the R-L-P, Low Density Planned Residential, District,
to July 19.
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43. First Reading of Ordinance No. 96, 1994, Amending Section 29-
44.
45.
Councilmember McCluskey made a motion, seconded by Councilmember Smith, to adopt
and approve all items not removed from the Consent Calendar. Yeas:
Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey and Smith. Nays:
None.
THE MOTION CARRIED.
Items Related to the '
Robert Shields Annexation and Zoning, Adopted on First Reading_
and
Items Related to the Strachan Farm Annexation and Zoning.
After adoption of the Consent Agenda, Chief Planner Ken Waido informed Council
that there were people in the audience who were interested in speaking on items
#31, Items Related to the Robert Shields Annexation and Zoning, and #32 Items
Related to the Strachan Farm Annexation and Zoning, which was on the Consent
Agenda.
Marlene Henderson, 3824 Nite Court, spoke of density concerns stating the
proposed annexations would result in hundreds of homes in the area.
Dan Henderson, 3824 Nite Court, also expressed density concerns and urged Council
to consider designating a natural area boundary.
Sandy Thomas, a Fort Collins resident and representing her neighborhood, stated
the neighborhood was opposed to higher density. She spoke of noise, pollution,
traffic congestion, storm drainage, and safety issues and spoke of the need to
maintain the rural character of the area.
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Mayor Azari asked if Council wanted to reconsider adoption of these items since
they were unanimously adopted on the Consent Agenda.
Councilmember Janett made a motion, seconded by Councilmember McCluskey, that
staff provide Council with more information before second reading of the
ordinance, to include maps showing all adjacent land -uses within a 1/2 mile
radius of the two annexation proposals as well as information regarding natural
area restoration projects, and receive information on the Landscape Opportunities
Plan. Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey and
Smith. Nays: None.
THE MOTION CARRIED.
Councilmember Reports
Councilmember Janett spoke of low cost loans for commercial businesses and stated
anyone interested should contact the electric utility. She spoke of a
transportation forum recently attended which will be re -televised. She stated
transportation issues were discussed, and spoke of the Highway 287/14 study and
stated the citizen group and staff have amended the goals and objectives of the
' study to include the goal to remove interstate trucks from Highway 287/14.
Councilmember Apt stated the Growth Management Committee will be proposing
phasing changes to the Land Development Guidance System for the July 19 meeting.
Mayor Azari reported Channel 27 is broadcasting a new program called
"Perspectives" and commented that the program deals with youth issues.
Ordinance No. 96, 1994,
Amending Section 29-526(D)(2) Activity "C"
and Section 29-526(E)(5); and Amending the
Harmonv Corridor Plan in Renard to the
The following is staff's memorandum on this item.
"Executive Summary
On March 5, 1991, the City Council adopted the Harmony Corridor Plan as an
element of the Comprehensive Plan of the City. This Plan constitutes a public
statement of the City's policies with regard to the future development of the
Harmony Corridor area in terms of land use and urban design. The Land
Development Guidance System (LDGS) is the principal tool that is used to evaluate
development proposals in the Harmony Road corridor. The need for the following
' amendments became apparent since adoption of the Plan in 1991. The recommended
372
June 7, 1994 ,
amendments are as follows: Section 1 clarifies that future community/regional
shopping centers along Harmony Road should be located at the intersection of two
arterial streets; Section 2 clarifies the right of the City to establish
iocational and land use standards for the purposes of implementing and
interpreting the provision of the LDGS; Section 3 establishes policies LU-4 and
LU-5 of the Harmony Corridor Plan as mandatory locational standards in the
Harmony Corridor; and, Section 4 eliminates a potential inconsistency in the LDGS
with LU-5 as amended. On May 23, 1994, the Planning and Zoning Board reviewed
a similar set of amendments and recommended that they be tabled for a sixty day
period during which additional citizen input would be received. The Planning and
Zoning Board will be reviewing the currently proposed amendments on June 6, 1994.
BACKGROUND:
On March 5, 1991, the City Council adopted the Harmony Corridor Plan as an
element of the -Comprehensive Plan of the City. This Plan constitutes a public
statement of the City's policies with regard to the future development of the
Harmony Road corridor in terms of land use and urban design, between College
Avenue and 1-25. The Land Development Guidance System is the principal tool that
is used to evaluate development proposals in the Harmony Road corridor. The need
for the following amendments became apparent since adoption of the Plan in 1991. .
The changes are as follows:
Section 1:
Policy LU-5 provides guidance for the location of "high intensity land
uses" in the Harmony Road corridor. LU-4 requires that retail and
commercial developments occur in shopping centers. The intent of both
policies is to allow commercial development in the Harmony Road corridor
in compact centers at limited locations and that there be lower intensity
transition uses, such as limited retail, office, light industrial and
residential, between these commercial developments, so that the corridor
not become a long "strip" of commercial development.
Two issues have arisen with regard to the interpretation of policy LU-5 as
follows: How are "high intensity land uses" defined?; and, How are "major
street intersections" defined?
Staff believes that the intent of LU-5 is to limit the location and number
of "Community/Regional Shopping Centers" which could otherwise occur along
the Harmony Corridor. Community/regional shopping centers are generally
large in scale and intensity and offer goods and services for the entire
community or region. Examples include Foothills Fashion Mall, Arbor Plaza,
the Marketplace and the Pavilion Shopping Center. Community/regional
shopping centers have traditionally located along College Avenue, although
there has been recent pressure for sites along Harmony Road. The Harmony ,
373
June 7, 1994
Corridor Plan also permits lower intensity uses such as neighborhood scale
shopping centers and ancillary business service uses. These land uses
provide goods and services for nearby businesses and residential
neighborhoods. The recommended amendment clarifies that "high intensity
land uses" means community/regional shopping centers as defined in the
LDGS.
Staff is also concerned that the term "major street intersection" in LU-5
could be misinterpreted to include other intersections including
collector/arterial intersections and/or any other intersections that are
signalized. The result of this misinterpretation could mean many more
potential locations for community/regional shopping centers than had been
anticipated or desired and less opportunity for lower intensity transition
uses along the frontage of Harmony Road.
The proposed amendment clarifies that "major street intersections" is
intended to mean intersections of two "arterial" streets. In the Harmony
Road corridor, "arterial" street intersections include College Avenue,
J.F.K. Parkway (extended), Lemay Avenue, Timberline Road, and County Road
9.
'
The recommendation is to delete LU-5
in its entirety and reenact it as
recommended. The recommended
change to LU-4 is minor and is intended to
eliminate ambiguity in the
wording
of the policy statement. The
recommended changes are as
follows
(deletions are indicated by a
strikeout; new additions are
indicated
by the shaded areas):
Existing LU-5:
"LU-5 Focus the location of high intensity land
uses... retail, service, automotive, etc. at major street
intersections and decrease intensity as the distance
from the major such intersections increases."
Recommended LU-5:
All community regional shopping centers shall be located
at the intersection of two arterial streets, and the
intensity of retail and commercial development shall
decrease as the distance from such intersections
increases.
Recommended LU-4:
A11 retail and commercial developments shall be located
' in shopping centers.
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June 7, 1994
Section 2:
The LOGS, at Section 29-526(E)(5), presently allows the City to
establish general design standards, guidelines and policies for the
purpose of implementing and interpreting the provisions of the LDGS.
Accordingly, with regard to the Harmony Corridor, the Council, by
Ordinance No. 28, 1991, adopted the Harmony Corridor Design
Standards and Guidelines. It is the staff's recommendation that
this section of the LDGS be expanded to expressly allow for the
establishment of not only design standards and guidelines, but also
Iocational and land use standards, guidelines and policies to better
enable the staff and the Planning and Zoning Board to implement and
interpret the LDGS. In this way, the City will be better able to
regulate Iocational issues in those areas of the City that are
"sensitive," as is the Harmony Corridor and perhaps other areas of
special concern. Accordingly, language has been drafted to amend
the existing section of the LDGS so that it would read as follows:
The City shall have the right to establish
general Iocational, land use and design
standards, guidelines, and policies for the
purpose of implementing and interpreting the '
provisions of this section.
Section 3:
In response to the contemplated authorization as proposed in Section
2, it is recommended that LU-4 and LU-5 be established as
Iocational/land use mandatory standards for implementation and
interpretation of the LDGS as it relates to the Harmony Corridor
Plan. Therefore, LU-4 and a modified version of LU-5 are presented
in Section 3 of the ordinance as mandatory standards, with one
modification to LU-5 being the deletion of explanatory details
regarding the decreasing of the intensity of retail and commercial
development as the distance from the twin arterial intersection
increases. This is deleted because, as applied to particular
development proposals, that policy statement could give rise to
difficult questions of interpretation.
Section 4:
Criterion "b" of the Community/Regional Shopping Center land use category
of the Land Development Guidance System could be interpreted to encourage
the location of community/regional shopping centers at collector/arterial
street intersections which would be in conflict with the proposed
amendment to LU-5 (section 1). The proposed amendment deletes reference ,
375
June 7, 1994
1
to being at a collector/arterial intersection. The specific changes are
as follows (new additions are indicated by the shaded areas; deletions are
indicated by a strikeout):
"b. Is the project contiguous to an. eelleetor and/of arterial
street?"
PLANNING AND ZONING BOARD RECOMMENDATION
On May 23, 1994, the Planning and Zoning Board reviewed a previous draft
ordinance and voted 5-0 to recommend to the City Council that the proposed
changes be tabled for a period of sixty days during which additional citizen
comment would be sought including holding "roundtable" discussions. The
ordinance which was reviewed by the Planning and Zoning Board on May 23 did not
include sections 2 and 4. Also, the wording of section 1 has been revised by
City staff since the May 23 hearing. The Planning and Zoning Board will review
the current draft ordinance at its June 6, 1994 special hearing.
STAFF RECOMMENDATION
' During the Planning and Zoning Board hearing on May 23, there was testimony and
discussion in regard to other alternative policies for the location of commercial
uses along Harmony Road, including:
permit commercial development along Harmony Road west of Timberline
Road but not east of Timberline Road;
permit commercial development at the corner of an arterial and a
collector street; and
do not allow any commercial development along Harmony Road.
These suggestions were discussed in 199011991 during the preparation of the
Harmony Corridor Plan. The decision to allow "high intensity land uses" at
"major street intersections" was recommended by the Harmony Corridor Steering
Committee and City staff, and approved by Council as part of the Harmony Corridor
Plan. Staff believes that the proposed amendment is consistent with the purpose
of the Plan and should eliminate any questions in the interpretation of the
policy statement.
The suggestions offered at the May 23 hearing, staff believes, are "major" policy
changes. The Planning and Zoning Board indicated some interest in having City
staff, property owners and other affected interests, review alternative policies
during the sixty day delay period.
In response to the Board's recommendation, the Planning staff has begun
arrangements to hold two informal meetings in the next sixty days to assess
' interest in making changes to the land use policies contained in the Plan. An
376
June 7, 1994
initial meeting is currently being scheduled with the original "Harmony Corridor
Plan Steering Committee"; and a meeting will be scheduled with other interested
neighborhood groups, property owners and other interested citizens. Staff will
keep the City Council informed of recommended changes, if any, to the Harmony
Corridor Plan which are identified during this informal meeting process.
Staff recommends approval of the amendments to the Harmony Corridor Plan and Land
Development Guidance System."
Assistant Planning Director Joe Frank briefly spoke of the proposed changes to
the Harmony Corridor Plan and the amendments to the Land Development Guidance
System. He noted Councilmembers received a revised Ordinance in their packets
and stated the revision adds additional language to Section 3. He read the
revisions into the record.
Director of Community Planning and Environmental Services Greg Byrne he spoke of
the Planning and Zoning Board request for a 60 day review period and stated the
Planning staff has started a public review process to identify any changes made
to the land -use policy for Harmony Corridor. He spoke of "big box" retail sites,
and stated during the next 6 months staff will be analyzing the issue and
developing and proposing new policies and for big box retail store designs and I
locations. He stated staff requests that Council consider a moratorium on big
box retail until the studies have been completed.
Councilmember Horak made a motion, seconded by Councilmember Kneeland, to adopt
the Ordinance No. 96, 1994 (revised version ) on First Reading.
Frank spoke of mixed -use concepts and stated that has not been addressed in the
Plan. He spoke of the importance of assembling people with different interests
on the issues to look at the policies in an attempt to come up with a better
product. He responded to Council questions and clarified adoption of the
amendments to the plan will not prevent any commercial developments on collector
streets, but will limit the type. He stated the purpose of the Ordinance is to
clarify the terms High Intensity Land -use and Major Street Intersections.
Tim Dolan, 4212 New Hampton Court and representing 5 separate neighborhoods,
urged Council to postpone adoption of the proposed revisions to the Plan until
all revisions are completed.
Milan Hanson, 1624 Redberry Court President of the Oakridge 7th Filing
Homeowner's Association, stated he believed the Harmony Corridor Plan represents
an excellent step in planned growth and urged Council to support staff's
proposal.
377
June 7, 1994
Jennifer Carpenter, 1719 Hotchkiss and a representative of the Harmony Coalition,
stated Council's response will set the foundation to determine Fort Collins'
future. She requested that Council impose a moratorium on all commercial
development along the Corridor until the process is complete.
Scott Mason, 861 Sandy Cove Lane, member of the Harmony Coalition and President
of Citizen Planners, stated the neighbors expected that employment park zones
would be developed in the area, not regional community shopping centers. He
spoke of his disappointment that the Planning and Zoning Board could not make a
decision at its last meeting. He stated if Council feels the need for a 60 day
discussion period then a 60 day moratorium should be placed on commercial
development in the Harmony Corridor.
Harold Swope, 4925 Hogan Drive and President of the Fairway Estates Homeowner's
Association, spoke in support of the motion and felt the development of the Plan
is an excellent step. He spoke in support of a 60 day moratorium until decisions
on the Corridor can be clarified.
Pam Becker, 1307 Cape Cod Circle, spoke in opposition of strip development,
stating that is what may happen if a moratorium isn't imposed.
Glenn Perica, 4416 Monte Carlo Place, supported the motion and spoke of concerns
regarding neighborhood commercial development along Harmony Road. He urged staff
to look at infill land development policies in the 60 day period.
Tom Higley, representing the Local Legislative Affairs Committee of the Chamber
of Commerce, requested that amendments to the Corridor Plan not be made until the
effects of the amendments are known. He stated the Committee does not feel that
there has been adequate time to review the proposed amendments to the original
Plan and urged Council to table discussion on Ordinance No. 96, 1994 to enable
the task force to review the issues as suggested by the Planning and Zoning
Board.
Kelly Ohlson, 2040 Bennington Circle, spoke in support of staff's recommendation
and commended staff for its efforts. He spoke of the need for establishing a
community vision to include involving effected neighborhoods.
Bill King, 4413 San Remos Circle, spoke in support of issues raised by the
Harmony Coalition and requested definitions, including the sizes, of Regional
Community Shopping Centers, Neighborhood Shopping Centers and Neighborhood
Convenience Shopping Centers.
Mayor Azari noted that staff would respond after everyone had commented.
Bob Penny, 4401 San Remos Circle, requested that proposals from developers be
tabled until all issues have been addressed.
1 378
June 7, 1994 '
Dennis Polk, attorney representing the developer of the King Soopers proposal,
spoke of the need to obtain a fair balance between the needs of the community and
the rights of the property owner.
John David Sullivan, 2015 Niagra Court, urged adoption of the Ordinance.
Kathryn Powell, residing in Golden Meadows, expressed concerns regarding the
safety of pedestrians and urged Council to place a moratorium on all development
within the Corridor.
Robin Rochelle, residing in Golden Meadows, concurred with Ms. Powell and spoke
of traffic flow problems.
Richard Poche, 4507 Seaboard Lane and member of the Harmony Coalition, spoke in
support of the motion.
Larry Batterton, 4512 Maxwell Court, requested the Council support the moratorium
motion until concerns are addressed.
Susan Smith, 800 Maxwell Court, supported the motion and opposed developments at
major intersections. '
Douglas Meyer, 4537 Seaboard Lane, commended staff for its efforts and urged
Council to adopt the amendments to the Plan.
Frank gave a brief explanation on the differences between regional, community and
neighborhood convenience shopping centers.
Councilmember McCluskey supported the motion and stated a 4 to 6 month moratorium
was too long and noted he would address that issue under the Other Business
portion of the meeting.
Councilmember Apt supported the motion. He spoke of the need to keep traffic
moving at a reasonable rate and expressed concerns regarding pedestrian and
bicycle traffic. He stated he believed the public process was a good.
Councilmember Janett spoke of the need for a system that defines the Plan so that
each time a development is proposed it won't be contested. She stated the Plan
needs to be codified and spoke of the need for transitional land -uses to protect
neighborhoods from commercial and industrial uses on the Corridor.
Councilmember Horak spoke in support of the Ordinance, stating it fits well into
the overall plan.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Apt, Azari, Horak, Janett, Kneeland, McCluskey and Smith. Nays: none. '
379
' June 7, 1994
THE MOTION CARRIED.
Councilmember Janett made a motion, seconded by Councilmember Apt, to postpone,
for a period of not less than 60 days, the acceptance or processing of
applications for retail and commercial projects in the Harmony Corridor until the
plan can be reviewed, to be considered at the June 21 meeting.
City Manager Steve Burkett stated staff could bring back an ordinance on July 5,
complete with a staff analysis and report.
Councilmember Janett expressed concerns that there may be proposals on the
Planning and Zoning Board agenda, prior to the July 5 Council meeting, that would
conflict with her motion.
Based on those concerns Councilmember Horak requested a resolution or ordinance,
on the complete analysis regarding .the impact of both land -use planning and legal
aspects, be presented at the Council meeting of June 21.
After further discussion Councilmember Janett withdrew her motion.
THE MOTION CARRIED.
Items Relating to the
City's Fiscal Year 1994-95
Community Development Block Grant Program,
Adopted on First Reading as Amended
"Executive Summary
A. Public Hearing and Resolution 94-95 Adopting Fiscal Year 1994-95 Community
Development Block Grant Programs and Projects.
B. First Reading of Ordinance No. 97, 1994, Appropriating Unanticipated
Revenue and Authorizing the Transfer of Appropriations Between Projects in
the Community Development Block Grant Fund.
The Community Development Block Grant Program provides federal funds from the
Department of Housing and Urban Development (HUD) to the City of Fort Collins
which an be allocated to housing and community development related programs and
projects, thereby, reducing the demand on the City's General Fund Budget to
address such needs.
BACKGROUND:
The CDBG Program is an ongoing grant administration program funded by the
' Department of Housing and Urban Development (HUD). The City of Fort Collins has
380
June 7, 1994
received CDBG Program funds since 1975. In 1975 and FY 1976-77 the City received
HUD CDBG discretionary grants. Since FY 1977-78, the City has been an
Entitlement Grant recipient of CDBG funds, meaning the City is guaranteed a
certain level of funding each year. The level of funding is dependent on the
total amount of funds allocated to the program by Congress and on a formula
developed by HUD, which includes data on total population, minorities as a
percentage of population, income levels, housing stock conditions, etc.
Additional background information on the City's Community Development Block Grant
Program is presented in Appendix "A" attached to this report.
AVAILABLE FUNDS
The City's Entitlement Grant for FY 1994-95 includes $1,187,000 from the Federal
FY '94 Budget. The Entitlement Grant will be combined with $50,000 of Program
Income and $30,000 of Reprogrammed funds. HUD requires the City to estimate the
total amount of anticipated Program Income which will be received during the
program year. Combining all sources of income provides a total of $1,267,000
available for programs and projects during the next CDBG Program year.
The following summarizes the amount and source of available funds:
AMOUNT SOURCE '
===--== ----------
S 1,187,000 FY 94 Entitlement Grant
30,000 Reprogrammed Funds
50,000 Program Income
-----------------------------------------------
$ 1,267,000 Total
Reprogrammed Funds are funds which were not expended during the previous program
year. For FY 1994-95, $30,000 of Reprogrammed Funds will be available from the
FY 1993-94 Contingency fund.
Program Income includes funds returned to the City through the payment of past
housing rehabilitation loans.
Below is a summary of recent CDBG funding levels allocated from HUD to the City
of Fort Collins:
3!
June 7, 1994
Entitlement
Reprogrammed
Program
Year
Grant
Funds
Income
Total Funds
----------------------------------------------------------------
----------------------------------
1985
S 799,000
$ 58,000
---------------------
$ 20,000
$ 877,000
1986
556,000
165,719
102,567
834,286
1987
685,000
99,614
50,000
807,614
1988
653,000
100,000
50,000
803,000
1989
679,000
90,000
100,000
869,000
1990
645,000
50,000
30,000
725,000
1991
728,000
160,000
30,000
918,000
1992
802,000
30,000
50,000
882,000
1993
1,091,000
50,000
90,000
1,231,000
1994
1,187,000
30,000
50,000
1,267,000
SELECTION PROCESS
The selection process for the City's FY 1994-95 CDBG Program began on January 13,
1994, when the CDBG Commission held a public hearing to obtain citizen input on
community development and housing needs. The CDBG Program office placed legal
advertisements in local newspapers starting in January, and running through
' March, to solicit requests for CDBG funded programs and projects for FY 1994-95.
The application deadline was Friday March 25. At the close of the deadline the
City received 28 applications requesting a total of approximately $2.1 million.
Copies of all applications were forwarded to the City Council through the City
Manager's office on April 2. Copies of all applications were distributed to the
CDBG Commission at the same time. On Wednesday May 4, and Thursday May 5, the
Commission met to hear presentations and ask clarification questions from each
applicant.
The. Commission then met on Wednesday May 11, for the purpose of preparing a
recommendation to the City Council as to which programs and projects should be
funded for the FY 1994-95 program year. At this meeting the Commission reviewed
the written applications, the applicant's verbal presentation, the information
provided during the question and answer session, and reviewed the performance of
agencies who received FY 1993-94 CDBG funds. The Commission then worked on
formulation of their list of recommendations. A copy of the Commission's minutes
from the meeting is attached.
CDBG COMMISSION'S LIST OF RECOMMENDATIONS
HUD CDBG regulations limit the amount of available funds which can be allocated
to various generic categories. Funds for Planning and Administrative purposes
are limited to 20% of the total of the Entitlement Grant and any anticipated
Program Income. The City's Entitlement Grant for the next program year is
$1,187,000 and anticipated Program Income is $50,000. This means the 20Y
382
June 7, 1994 '
limitation for Planning and Administrative purposes is applied to a total of
$1,237,000, making the 20Y funding limit a total of $247,400.
Funds for Public Services are limited to 15% of the total of the Entitlement
Grant and anticipated Program Income, making the 15% funding limit a total of
$185,550.
The Commission, thus, not only had to decide which applicants presented programs
and projects which best fit into the City's CDBG Program, but also had to insure
funding allocations were kept within HUD regulations. The Commission utilized
several criteria to determine priorities in the process to establish its list of
recommendations. These criteria were discussed with the Council at a work
session conducted in December 1993 and include:
HIGHER PRIORITY CRITERIA
1. Leveraging
Guideline: The leveraging of private and non-federal funds is a very
important consideration in making an allocation of CDBG funds. Applicants
will be asked to indicate the amount of leveraging, including in -kind I
services, dollars, and/or labor associated with their CDBG proposal.
2. Acquisition versus Operations
Guideline: Acquisition proposals which provide assets to the community
will be given greater weight over proposals which are operational in
nature.
3. Success Rate
Guideline: Applicants who demonstrate continued success in achieving
community needs will receive extra consideration for funding. On the
other hand, applicants who have failed to achieve their proposal in a
timely manner may not receive additional funding.
4. Ability to Comp7ete the Proposal During a Program Year
Guideline: Applicants who provide information indicating a capability to
complete their proposal during the program year will receive consideration
for funding over applicants whose abilities can be questioned.
5. Meeting Community Needs
Guideline: Applicants must provide support of their application through
some sort of needs assessment, preferably through the use of an objective '
383
June 7, 1994
data source, and not rely solely on anecdotal information. An applicant
may also submit a service history of projects from other communities.
Funding allocations will be made to proposals which meet the greatest
community needs.
6. Long -Term Impact
Guideline: Applicants whose proposal has additional long-term impacts
beyond the specifics of the proposal will receive greater consideration
for funding.
LOWER PRIORITY CRITERIA
1. Full or Partial Funding
Guideline: If funds are not available to support a proposal at the lowest
acceptable level, no funds will be granted to the proposal.
2. Competing Projects or Providers
' Guideline: Applicants will need to demonstrate their proposal is not a
duplication of efforts or a duplication of service provision, including
administrative, volunteer efforts, and acquired service ability.
n
3. Alternate Funding
Guideline: An applicant will need to discuss what other funding sources
are available. Full disclosure of available and applied for funds is
considered essential, required, and mandatory. The Commission needs to
know if the project can continue if CDBG funds cease to exist.
OTHER CONSIDERATIONS
1. Equal Competition
Guideline: A17 proposals are considered equally, there is no preference
given to new proposals requesting "seed" money, and likewise, there is no
preference given to proposals which were previous recipients of CDBG
funds. Continued CDBG funding from one year to the next is not guaranteed
and funding is not a "right" of any applicant.
2. Sequential Grant Limit
Guideline: There is no limit to the number of times an applicant may
receive funding from the CDBG Program, all applicants are considered
384
June 7, 1994 1
equally, however, continued CDBG funding from one year to the next is not
guaranteed.
Listed below is a summary of each applicant's initial request for funding and the
Commission's list of recommendations:
PLANNING and ADMINISTRATION
(2011 of Entitlement Grant and Program Income - $247,400)
RECOMMENDED
REQUEST FUNDING APPLICANT PROGRAM/PROJECT
======= -------
$100,147 $ 100,147 City of Fort Collins CDBG Administration
$ 10,000 $ 10,000 Larimer County Human Affordable Housing
Development Dept., Information System
City of Fort Collins, et al.
ACQUISITION
RECOMMENDED
REQUEST
----------------------------------------------------------------------
5220,000
FUNDING
-
APPLICANT
Elderhaus
PROGRAM/PROJECT
Building Acquisition
'
116,000
58,000
Habitat for Humanity
Land for Low -Income
Housing
250,000
225,000
CARE
Land for Low -Income
Housing
ACQUISITION
RECOMMENDED
REQUEST
FUNDING
APPLICANT
PROGRAM/PROJECT
132,350 132,350 Neighbor to Neighbor, Inc. Associated Costs of Land
Acquisition and
Permanent Loan Costs in
Support of Development
of Affordable Rental
Housing
90,000 60,000 DDA Facade Acquisition and
Streetscape Improvement
500,000 205,000 Housing,Authority Acquisition
Rehabilitation
385 1
June 7, 1994
PUBLIC FACILITIES
RECOMMENDED
REQUEST FUNDING APPLICANT PROGRAM/PROJECT
$121,000 121,000 Volunteers Clearing House Addition to Existing
Building
280,000 - New Bridges, Inc. (1) Purchase of Land and
Construction of a
Permanent Facility
31,388 Island Grove Reg. Treatment Construction of a New
Facility
REHABILITATION
RECOMMENDED
REQUEST
FUNDING
APPLICANT
PROGRAM/PROJECT
------------------------------------------------------------------------
$100,980
100,980
DMA Plaza, Inc.
Window Rehabilitation
6,520
-
Housing Authority
Lead -Based Paint Testing
80,000
60,000
One West Art Center, Inc.
Exterior Restoration
'
ARCHITECTURAL BARRIER REMOVAL
RECOMMENDED
REQUEST
---------------------------------------------------
FUNDING
---------------------
APPLICANT
PROGRAM/PROJECT
-----------------
$ 15,750
15,750
-----------
Housing Authority
---------------
Architectural Barrier
Removal
PUBLIC SERVICES
(15% of Entitlement Grant and Program Income - $185,550)
RECOMMENDED
REQUEST
FUNDING
APPLICANT
PROGRAM/PROJECT
------------------------------------------------------------------------
------------------------------------------------------------------------
$ 10,500
10,500
Disabled Resource Services
Youth Employment Program
39,131
39,131
Neighbor -to -Neighbor
Comprehensive Housing
Counseling
15,000
15,000
Project Self -Sufficiency
Family Self -Sufficiency
17,850
17,850
Child Care Collaborative
Sliding Scale Day Care
18,000
18,000
New Bridges
Operating Expenses
9,520
9,520
Crossroads Safehouse
Children's Program
12,625
12,625
Senior Employment Services
Job Finding Help
7,650
-
Care -A -Van
Transportation for Low -
Income Residents
RM
June 7, 1994
30,000
-
CHOICES, Alt. Ed. Prog.
Scholarships for
Indigent Students
42,295
42,295
Healthy Start7Chi7dren's
Increased Physician
Services Clinic for 6
Indigent Children
20,000
-
Children's Law Center
Prevention Law Project
7,862
7,852
Choices for Senior Living
Home Share Program &
Housing Counseling for
Seniors
25,000
-
CCSN
Hostel of Hospitality and
Hope Job Bank
5,990
Contingency
Total amount
of funding
requested = $2,176,751.
NOTES:
(1) The applicant revised the proposal at the time of their verbal
presentation to the CDBG Commission from $280,000 to $487,966.
A summary of
the Commission's
funding recommendation by category is as
follows:
RECOMMENDED
'
FUNDING
% of TOTAL
CATEGORY
$ 110,147
8.7
PLAPJNING and ADMINISTRATION (Maximum
$169,000
based on 20% of Entitlement Grant
and
Program Income)
680,350
53.7
ACQUISITION
121,000
9.6
PUBLIC FACILITIES
160,980
12.7
REHABILITATION
15,750
1.2
ARCHITECTURAL BARRIER REMOVAL
172,783
13.6
PUBLIC SERVICES (Maximum $185,550
based on
15% of Entitlement Grant and Program Income)
5,990
.5
CONTINGENCY
------------------------------------------------------------------------------
$1,257,000
100.0
TOTAL
The total amount of requests considered by the CDBG Commission was approximately
$2.1 million. With $2.1 million in total requests and only $1,267,000 available,
obviously not all applications could be funded. Also, due to HUD funding
limitations, some applications received less funds than requested in order to
keep the generic category within program maximums. No applicant is recommended
to receive more funds than requested.
387 1
June 7, 1994
1
The CDBG Commission has recommended full funding for fifteen (15) applicants,
nine (9) from the Public Services category where reduced funding creates problems
for recipient agencies. In the Commission's opinion, the fifteen applications
recommended for full funding best fit CDBG national program objectives, the City
CDBG policies (presented in Appendix "A"), and the selection criteria. The
following summarizes the Commission's reasoning for full funding:
City of Fort Collins - CDBG Administration
Requested/Recommended: $100,147
Since CDBG regulations allow for the utilization of grant funds for
administrative purposes, the Commission believes direct administration of the
CDBG Program should be taken from the grant. The amount allocated to
administration has declined over the past few years and is currently below ten
percent. The Program has also been successfully administered.
Larimer County Human Development Dept., City of Fort Collins, et al. - Affordable
Housing Information System
Requested/Recommended: $10,000
The Commission discussed this application in some detail. Initially there were
' opinions that the project could proceed without CDBG funding. There were
concerns that the information will not provide any new/unknown information since
there already seems to be a clear established need for housing and services.
However, as required by the City's Comprehensive Housing Affordability Strategy
(CHAS), information and data which is more current than the 1990 Census will lead
to a better utilization of limited financial resources. The Commission liked the
fact that the project was a joint effort and had broad based support. The
allocation of funding will be a one-time allocation and will allow for the
development of current data.
Neighbor to Neighbor, Inc. - Associated Costs of Land Acquisition in Support of
the Development of Affordable Housing
Requested/Recommended: $132,350
This project was noted by the Commission to be meeting a dire community need for
affordable rental housing. The project will develop 120 units and has leveraged
a large amount of additional funds, including last year's CDBG grant. The
project has a leveraging ratio of $13 to $1. The project will also have a long-
term impact by providing affordable units for at least 30 years. The Commission
did have concerns that some of the costs, although part of the total project, are
from the past. The Commission questioned the use of CDBG funds to pay for legal
fees and a real estate commission which are costs usually paid by the seller of
property. The Commission was also concerned with a possible conflict of interest
for the payment of funds to a partner in the project. And finally, there is a
' possibility that some funds are for "pre -agreement" expenditures, that is, costs
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June 7, 1994
1
incurred prior to grant approval and are, thus, ineligible. HUD has been asked
For a ruling on these issues. If determined to be ineligible expenditures, the
Commission recommends those funds to be allocated to the Housing Authority.
On May 27, 1994, HUD submitted a letter to the City responding to the City's
questions regarding this proposal (see attached letter of May 27). Essentially,
HUD has determined the following:
1. The $25,000 requested for future project administration costs are
clearly eligible expenditures of CDBG funds;
2. The $75,500 requested for permanent loan costs appear to be
ineligible, but the Denver HUD office is seeking further
clarification on the interpretation from HUD headquarters in
Washington, D.C.; and
3. The $31,850 requested for costs associated with land acquisition
remain in question as to eligibility according to the Denver HUD
office. The Denver HUD office is asking the City to determine if
the funds are an appropriate expenditure of CDBG funds, and if so,
a waiver to pre -agreement costs will be necessary.
Regarding the $75,500 for permanent loan costs, Denver HUD's interpretation is
'
based on a section of CDBG regulations, 24 C.F.R. 570.206(g), which it believes
is null and void. If HUD headquarters in Washington agrees that the section is
null and void, then the proposed use of funds is ineligible. The funds would
then be allocated in the Housing Authority's acquisition and rehabilitation
project as per the CDBG Commission's alternate recommendation. If HUD
headquarters in Washington approves the proposed use of funds, the funds would
apparently need to be considered a part of the administrative cost category of
the FV 1994-95 grant but would not place that category above the maximum 20%
allowed.
Regarding the $31,850 for costs associated with land acquisition, Denver HUD's
question on eligibility involved the City's decision to exclude these costs from
the original proposal and to limit CDBG funds for land costs only. In other
words, when these costs were incurred, the City had already decided it would not
be paid for with CDBG funds. Therefore, if the City changes its position and
decides the costs would be an appropriate expenditure of CDBG funds, the City
would need to request a waiver of pre -agreement costs, and if approved, only then
could the costs be covered. The CDBG Commission's recommendation is that the
costs should be covered by CDBG funds. If the Council approved the CDBG
Commission's recommendation, the City would need to request a waiver from HUD.
If HUD approves the waiver, then the funds could be used as requested. If HUD
does not grant the waiver, then the funds would be allocated to the Housing
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June 7, 1994
Authority's acquisition and rehabilitation project as per the CDBG Commission's
alternate recommendation.
Volunteer Clearing House - Addition to Existing Building
Requested/Recommended: $121,000
The Commission noted that the request for funding represented only one-half of
the funds necessary to complete the anticipated work and that matching money
would need to be collected before CDBG funds were committed. There were some
concerns expressed that the addition would not be handicapped accessible but that
services could be provided on the first floor. The applicant was noted to have
a good reputation and an excellent success rate.
DMA Plaza, Inc. - Window Rehabilitation
Requested/Recommended: $100,980
The Commission raised some concerns about the applicant returning year after year
for funding rehabilitation projects. However, the Commission allocated funding
because the applicant meets a great community need, the provision of housing for
elderly citizens.
Fort Collins Housing Authority - Architectural Barrier Removal
Requested/Recommended: $15,570
The Commission noted this project meets a great community need for handicapped
accessibility and believes these funds will be well spent.
Disabled Resources Services - Youth Employment Program
Requested/Recommended: $10,500
The Commission noted that this relatively small grant request was reaping great
benefits. The project has a long-term impact by employing younger citizens of
the community.
Neighbor to Neighbor, Inc. - Comprehensive Housing Counseling
Requested/Recommended: $39,131
This project represents the only comprehensive housing counseling program in the.
community. Increased demand for service justifies the request for increased
funding. The program has traditionally had a very high success rate.
Project Self -Sufficiency - Family Self -Sufficiency
Requested/Recommended: $39,131
The Commission supports this program because it will be expanded to include
' families and not just single parents.
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June 7, 1994
1
Child Care Collaborative - Sliding Scale Day Care
Requested/Recommended: $39,131
The Commission believes this program is critical because it provides services to
working parents.
New Bridges - Operating Expenses
Requested/Recommended: $15,000
The Commission believes this program provides a much needed service within the
community. The Commission noted that the United Way, which does a very detail
needs assessment, has granted funding to the agency. The Commission is concerned
that the agency will likely be forced to relocate.
Crossroads Safehouse - Children's Program
Requested/Recommended: $15,000
The Commission noted the agency provides a much needed service in the community
and often demonstrates wide support for their programs.
Senior Employment Services - Job Finding Help '
Requested/Recommended: $12,625
The Commission believes this program deals with a hidden problem in the
community, finding suitable employment for elderly citizens. As such, the
program meets a very important community need.
Healthy Start/Children's Clinic - Increase Physician Services
Requested/Recommended: $42,295
The Commission noted the applicant provides a vital service and has done an
excellent job of leveraging funds from other sources and has about one-half
million dollars in reserves. The patient load is increasing and therefore needs
to be addressed with additional resources.
Choices for Senior Living - Home Share Program and Counseling for Senior
Requested/Recommended: $7,862
The Commission believes this is a very important program in that it helps keep
senior citizens in their own homes.
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' June 7, 1994
Proposals which did not receive full funding were deemed of a lower priority and,
in some cases, a lack of funds prohibited their full funding. The following
describes the specific reason why the Commission believes certain projects should
not receive their requested full funding amount:
Community Affordable Residences Enterprises - Acquisition of Land for Low -Income
Housing
Requested: $250,000 Recommended: $225,000
The Commission noted the applicant has demonstrated the ability to leverage money
from other sources. While the project fits all the high priority criteria the
Commission has been concerned with the lack of production. The Commission is
also concerned with the relatively high cost per unit, at about $75,000 when
typical costs are in the neighborhood of $52,000. The project does have good
leveraging at a ration of $11 to $1 due in part to donated labor and materials.
The applicant has had good results and has a good reputation in the city.
Habitat for Humanity - Land for Low -Income Housing
Requested: $116,000 Recommended: $58,000
The Commission recommends partial funding of $58,000 for two houses. The
Commission expressed some concerns over the slow progress being made by the
applicant with other CDBG grants. The Commission also questions if this is the
best model for homeownership and has concerns of eventually losing affordable
housing stock. Would like to see methods of keeping units affordable. The
Commission did note that these projects encourage infill development and provide
desirable places for families to live.
Fort Collins Housing Authority - Acquisition and Rehabilitation
Requested: $500,000 Recommended: $205,000
The Commission expressed concerns with the vagueness of the application. The
Commission also believes the housing problems in the city are not centered on
rehabilitation but the need for additional newly constructed units. The Housing
Authority is also having problems completing projects which were funded in past
years. Overall, however, the Authority does have a good track record. The land
proposed for acquisition is questionable. The Commission recommends a
restriction be placed on the grant that the subject land in the proposal not be
purchased with these funds but be used for acquisition, restoration and
redevelopment.
Downtown Development Authority - Facade Acquisition and Street Improvement
Requested: $90,000 Recommended: $60,000
The Commission recommends partial funding to assist in cleaning up blight in the
' downtown area. CDBG regulations require all projects to meet a CDBG Program
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June 7, 1994
National Objective. In this case, the appropriate National Objective is the
"removal of slum and blight conditions." In approving this project, the City
Council will have to designate the streets where the work is proposed to be a
slum/blight area on a spot basis.
One West Art Center, Inc. - Exterior Restoration
Requested: $80,000 Recommended: $60,000
The Commission believes this project will help meet the need of historic
preservation which is another component of the CDBG Program's mission. This
project will help maintain a vibrant downtown area. While there was some
discussion if the project was a good use of CDBG funds, it was agreed that it was
difficult to find funding for the arts. The Commission recommends the allocated
funding be utilized to repair the roof first before any excess funds are utilized
on another restoration component. CDBG regulations require all projects to meet
a CDBG Program National Objective. In this case, as in the DDA project above,
the appropriate National Objective is the "removal of slum/blight conditions."
In approving this project, the City Council will have to designate the structure
as a slum/blight area on a spot basis.
The following applicants did not receive a recommendation for funding. The '
following describes the specific reasons why the Commission believes these
projects should not receive the requested funding:
Elderhaus - Building Acquisition
Requested: $220,000
The Commission believes that failure to acquire the structure will not affect the
agency's ability to provide their services. The proposal did not have a high
leverage of other funds, in fact, the applicant did not demonstrate sufficient
evidence that other sources of funding were being requested. The.Commission
could also not understand the church's role in the project.
New Bridges, Inc. - Purchase of Land and Construction of Permanent Facility
Requested: $280,000
The Commission had many concerns with this proposal. While there is a need for
these services, the Commission questioned the success rate of the job finding
function, and did not want to help create a bigger problem by providing a new
facility noting that fifty percent of the people who use the facility are not
from the community. The project had not additional leveraging of other funds.
The Commission discussed the need to focus on citizens of the community and not
create a new set of clientele by having a new facility. The Commission questions
if other people are the community's responsibility. The Commission also still
questions why CCSN's "The Mission" could not be utilized, or expanded, to provide
similar daytime services. '
393
June 7, 1994
Island Grove Regional Treatment - Construction of a New Facility
Requested: $31,388
The Commission questioned the use of CDBG funds to acquire a facility that would
create an asset in another community. While the Commission agreed there was a
community need for such a facility, they noted the proposal did not receive,
although requested, a letter of support from the Fort Collins Police Department.
The Commission would like to see such services provided within the community.
Housing Authority - Lead -Based Paint Testing
Requested: $5,520
The Commission believes the Housing Authority has the responsibility as a
landlord to place funds in their maintenance budget for this program.
Care -A -Van - Transportation for Low -Income Residents,
Requested $6,520
The Commission did not support this proposal because of the small population
benefit and they were not sure the target population could not be served by other
categories of the service. There was also no leveraging of any additional funds
for the project.
Choices, Alternative Education Program - Scholarships for Indigent Students
Requested: $30,000
The Commission was very concerned with some misinformation contained in the
application specifically noting the Director was not associated with the Poudre
School District. The cost per student in the project also seemed to be very
high. It was noted that schools are mandated to provide similar services and
that there was no support from the District for the proposal.
Children's Law Center - Prevention Law Project
Requested $20,000
The Commission could find no justification to fund this proposal.
Catholic Community Services Northern - Hostel of Hospitality and Hope Job Bank
Requested: $25,000
While the Commission agreed the applicant provides a necessary service and had
a good track record, there were concerns about the lack of mutual cooperation
with other agencies. The salaries also seemed to be too high. The Commission's
recommendation is an attempt to send a message that the applicant must cooperate
with other agencies."
394
June 7, 1994
Chief Planner Ken Waido gave a brief description on this item and noted the
revisions to the Resolution.
Councilmember Smith made a motion, seconded by Councilmember McCluskey, to adopt
Resolution 94-95.
Linda Coxson, Chair of the Community Development Block Grant Commission, thanked
Council for holding the joint worksession prior to the regular Council meeting.
Ernie Giron, Director of Catholic Community Services Northern (CCSN), requested
Council approve the funding requested by CCSN and spoke of the services they
provide.
Mary Cosgrove, representing Project Self-sufficiency, stated the funds requested
are critical and urged Council to approve the funding requested. She asked
Council to reconsider the funding request for the CCSN.
B.J. Dean, Executive
Director of Island Groves
Center, asked Council
to
reconsider the Center's
request for funding. She
stated Patrol Commander
Bud
Reed was available to
answer questions regarding
the type of services Island
Groves provides.
Rusty Collins, Executive
Director of Neighbor to Neighbor, introduced himself
to
'
Council as the new Executive
Director and thanked
the CDBG Commission for
its
funding recommendation.
Betty Maloney, 1309 City Park Avenue, representing the Larimer County Affordable
Housing Task Force, urged Council to reconsider its funding request, and spoke
of the important services the Task Force provides.
Lani VanEck, from the Larimer County Department of Human Development and
representing the Larimer County Affordable Housing Consortion, thanked the CDBG
Commission for its funding recommendation of $10,000. She briefly described the
function of the Consortion and presented Council with packets of information.
Jim Overman, Director of the Hospitality Center Programs at Catholic Community
Services Northern, requested Council grant the request of $25,000 for the shelter
and job bank.
Eddie Jo Yost, Executive Director of Choices for Senior Living, urged Council to
support its funding request of $7,800 which was recommended by the CDBG.
Bill Bertche, member of the CDBG Commission, spoke of the reasons for denying
CCSN's funding request.
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June 7, 1994
1
Robert Thompson, Community Development Specialist with Larimer County Human
Development and Homeless Assistance Team Coordinator, spoke in support of
Catholic Community Services Northern and spoke of its efforts to assist the needy
people of Fort Collins.
Carol Landhorn, Administrative Director of the Children's Clinic, thanked the
CDBG Commission for its recommendation.
Steve Slezak, Chair of the Downtown Development Association, spoke of funding
sources for the DDA and asked Council to supplement its resources with the
$60,000 recommended by the CDBG. He spoke of the facade programs and of the jobs
it has created. He urged Council to approve the DDA's request.
Lynn Dean, Boardmember of the Catholic Community Services Northern, urged Council
to reconsider the funding request by CCSN and spoke of the services offered. She
stated that when funding determinations are made it would be beneficial for
Council to see what CDBG funds are paying for.
Councilmember Horak made a motion, seconded by Councilmember Apt, to amend
Resolution 94-95 as follows:
' Reduce funding for DMA Plaza to - $94,303
Add Funding for CCSN - 12,767
Deleting the Contingency Fund - 5,990
The vote on Councilmember Horak's motion to amend Resolution 94-95 was as
follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey
and Smith. Nays: None.
THE MOTION CARRIED.
Division Commander Bud Reed clarified Fort Collins Police Services makes an
annual contribution of $5,000 to the Island Groves Center.
Councilmember Horak stated during the budget process it would be helpful to
determine what level of service the City is receiving from Island Groves to
decide what amount of funding needs to be allocated to pay for those services.
Councilmember McCluskey commended the CDBG Commission for its efforts.
Councilmember Kneeland concurred with Councilmember McCluskey.
Mayor Azari stated it would be beneficial for the CDBG Commission to have a copy
of the Human Services Policy and emphasized other funding sources were available
for people to consider.
1 396
Councilmember McCluskey made a motion, seconded by
Ordinance No. 97, 1994 on First Reading. Yeas:
Horak, Janett, Kneeland, McCluskey and Smith. Nays
THE MOTION CARRIED.
June 7, 1994
Councilmember Apt, to adopt
Councilmembers Apt, Azari,
None.
Ordinance No. 98, 1994
Appropriating Funds from Prior Year
Reserves and Authorizing the Transfer
of Appropriated Amounts Between Funds
for the Purpose of Providing Funding to
Construct Streetscape Improvements to
Linden and Walnut Streets within the Downtown
General Improvement District #1. Adopted on First Reading.
The following is staff's recommendation on this item.
"Executive Summary
This Ordinance appropriates monies from prior year reserves in the Sales and Use
Tax Fund and from the Capital Projects Fund for transfer to the City Capital
Project Fund (the "GID") to be used for the Linden streetscape improvements.
Appropriations of $200,000 from the Use Tax Carryover prior year reserve and
$100,000 from prior year reserves in the 114 Cent Necessary Capital Projects Fund
are recommended. Reserve balances following the appropriation are estimated at
$553,000 in the Use Tax Carryover reserve and $53,000 in the 114 Cent Necessary
fund balance.
Ongoing maintenance expenses for these improvements that will be incurred by the
Parks and Forestry Divisions for 1995 is estimated at $10,400.
NOTE: These figures do not include snow removal and sidewalk cleaning for
the Linden street project. Those duties will be the responsibility
of the adjacent business and/or property owners.
Major renovation, loss, theft, and vandalism are not covered in this
budget. This only covers small items and day to day repairs and
general maintenance. Items such as replacement of drinking
fountains, bollards, benches, clocks, bike racks, kiosks, ornamental
lights/poles, interlocking pavers, art -structures, tree grates,
trees, trash containers, banners, etc. will have to identified
elsewhere in an infrastructure renovation budget such as the
Downtown GID M1 or a similar source.
397
' June 7, 1994
Staff has completed preliminary design concepts and cost estimates for the
construction of the Linden Streetscape improvements. Three options were
evaluated: complete the full improvements for Linden Street from Walnut to
Jefferson Street and widen the sidewalk to 18'; construct half -block improvements
from Walnut to the mid -block alley and widen the sidewalk to 18'; or renovate the
existing 12' wide sidewalk on both sides of Linden Street between Walnut and
Linden Streets.
Earlier in the meeting, Council was asked to endorse Option 1 (See Attachment 1)
and approve funding from the General Improvements District #1 Fund on First
Reading (Ordinance No. 35). The Ordinance also authorized the construction of
streetscape improvements for Linden Street from Walnut to Jefferson Street. The
cost of Option I for full improvements is $623,245. Staff is recommending
approval of the Ordinance at this time to provide matching funding for
construction.
Option I will be less disruptive to the surrounding property owners and tenants
by completing the construction in one phase. The project as described will be
less expensive if completed in one phase and will provide continuity with the
Linden Hotel renovation and integrate Old Town Square with the Historic downtown.
' City Council has endorsed the redevelopment of the Linden Block as a priority
project and has recognized that the Linden Block is critical to the overall
revitalization of the downtown area. City Council has also identified the
continued implementation of the Downtown Plan as a priority in 1993-1995 Policy
Agenda. The vision of the Downtown Plan is to provide a pleasing appearance -
with attractive walks, plazas and wide tree lined streets. The downtown should
also be accessible by pedestrians and vehicles - walking and bicycling facilities
should be provided. Option I as described, is consistent with the vision of the
Downtown Plan and for this reason staff is requesting that funds be appropriated
from undesignated General Fund reserves for the construction of streetscape
improvements on Linden Street from Walnut to Jefferson Streets.
The current cost estimates include a $60,000 allowance for pedestrian lights and
street art; this allowance may be reduced if the Project costs exceed the amount
of funding provided for this project. Staff will make the appropriate
adjustments to the cost estimate and will work within the fund balances
accordingly.
For additional information, please refer to the Agenda Item Summary for General
Improvement District #1 (Agenda Item #3)."
City Manager Steve Burkett stated if Council adopted the Ordinance on First
Reading, staff would bring back different funding options prior to Second
Reading.
RM
June 7, 1994
Councilmember Kneeland made a motion, seconded by Councilmember Horak, to adopt
Ordinance No. 98, 1994 on First Reading.
Dan MacArthur, 617 Maple and member of the Downtown Business Association, spoke
in support of the motion.
Jeff Bridges, 725 Mathews, spoke of storm drainage problems in the area and
suggested while the area is under construction the City save money by replacing
old storm drainage pipes.
Bruce Lockhart, 2500 East Harmony Road, stated since the Linden Street
Improvement Project was not included in the original ballot language in 1984, he
did not believe the funds could be applied to this project. He stated the funds
should be refunded to the voters.
Councilmember McCluskey stated he would be supporting the motion, but had
concerns regarding where the funds were going to come from.
Stormwater Utility Manager Bob Smith presented a map outlining the storm drainage
system.
Utility Director Rich Shannon stated there may be cost benefits in installing new '
pipe in the area at the same time of construction, spoke of funding for the
project and stated potential savings would be gone within a short period of time
to pay back the interest on the funds borrowed to install the piping.
Councilmember Janett supported the motion and stated in the future, if General
Fund money is requested, it should be handled through the budget process.
The vote on Councilmember Kneeland's motion was as follows: Yeas:
Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey and Smith. Nays:
None.
THE MOTION CARRIED.
Ordinance No. 75, 1994
Amending Chapter 7 of the Code of the
City of Fort Collins to Prohibit False
Campaign Statements. Failed on Second Reading.
The following is staff's memorandum on this item.
"Executive Summary
The Council Governance Committee has investigated the need for the City to adopt
an ordinance prohibiting false campaign statements. This Ordinance, which was '
399
, June 7, 1994
adopted 5-1 as amended on First Reading on May 17, prohibits any person from
knowingly making, publishing or circulating any writing containing a false
statement that is designed to affect a vote on any issue or relating to any
candidate at any election held in the City and the ordinance may be prosecuted
in and penalties for its violation may be imposed by the Fort Collins Municipal
Court."
Councilmember McCluskey made a motion, seconded by Councilmember Smith, to adopt
Ordinance No. 75, 1994 on Second Reading.
City Attorney Steve Roy explained the term "false statement".
Paul Thompson, 705 Cherokee Drive, opposed the ordinance.
Tom Maloney, 1309 City Park and representing the Larimer County Chapter of the
ACLU, questioned who would assess and impose the penalties if the ordinance were
violated.
David Lipp, 626 Remmington Street, stated the Ordinance was unnecessary and a
waste of time.
I
Tom Higley, 1612 Scarborough, spoke in opposition of the motion, stating it was
absurd and questioned the harshness of the penalties.
Bruce Lockhart, 2500 East Harmony Road, strongly opposed the motion.
Councilmember Janett stated she opposed the motion and noted law enforcement and
judicial people have more important things to do than enforce an ordinance which
is not needed.
Councilmember Kneeland stated that although she supported the Ordinance on First
Reading, she would not be supporting it on Second Reading.
Councilmember Apt concurred with Councilmember Kneeland stating it would be
difficult to enforce and stated it may suppress the political process.
Councilmember McCluskey supported the motion stating it was important for people
to be able to believe what they read.
Councilmember Smith stated he supported the motion and that it sends a message
that high ethical standards must be upheld.
The vote on Councilmember McCluskey's motion was as follows: Yeas:
Councilmembers Azari, McCluskey and Smith. Nays: Councilmembers Apt, Horak,
Janett and Kneeland.
' THE MOTION FAILED.
400
June 7, 1994 1
Ordinance No. 86, 1994
Appropriating $162,662 of Unanticipated
Revenue for the Construction of Bike Lanes
on County Road 9 Between Horsetooth Road and
Harmony Road, No Action Taken.
The following is staff's memorandum on this item.
"Financial Impact
Constructing bike lanes on County Road 9 is a $162,662 project that was selected
by the North Front Range Transportation and Air Quality Planning Council (NFRT
& AQPC) as an enhancement project for fiscal year 1994. With the recent
development proposals of NCR and English Ranch, much of County Road 9 will be
improved with bike lanes using street oversizing funds budgeted and appropriated.
Federal Enhancement Funds totalling $116,639 can then be used for another
regional ISTEA Enhancement project. The City's local matching funds of $46,023
were appropriated from the Engineering Minor Street Capital Fund and are,
available for other bike/pedestrian improvements.
Executive Summary
,
City staff has looked at improvements to County Road 9 for the last few years.
Several years ago staff identified this roadway as a major bicycle commuter route
to Hewlett -Packard, however funding for these improvements was not available
until the Federal ISTEA program. Two years ago a bicycle lane enhancement
project was proposed and selected by the North Front Range Transportation and Air
Quality Planning Council for funding in 1994. Resolution 94-75 and Ordinance No.
86, 1994 approved on First Reading on May 17, 1994 were a part of this process.
The proposed scope of the enhancement was to add 6' wide bicycle lanes to the
existing county roadway section. Recent interest by development along most of
County Road 9 make permanent improvements imminent. Permanent improvements would
remove the existing pavement and improve the road to arterial standards. Staff
believes the City should not proceed with the federal enhancement project because
these bike lane improvements would be removed when permanent street improvements
are constructed later this fall. Staff recommends that the ordinance not be
adopted by the Council on second reading.
BACKGROUND:
Several years ago, County Road 9 was identified as a major bikeway to the HP
facility. It was listed in the NFRT & AQPC's Regional Plan (Bikeway Element)
as a key connection in both the regional and local system. At the time, major ,
401
June 7, 1994
development along County Road 9 was unanticipated. The bike lane construction
project was selected by the NFRT & AQPC as an Enhancement Project and budged for
1994. The project scope was to add 6' bike lanes to the existing County Road 9.
Recently development projects have been planned on County Road 9 which will
improve its frontage to arterial standards, including bike lanes. If the Federal
Enhancement bike lanes were constructed this fall, between 75% to 98% of these
improvements would be removed within the next year with the permanent roadway
construction.
NCR has proposed the first phase of a new office complex on the northwest corner
of Harmony Road and County Road 9. As part of the development, County Road 9
will be improved for approximately 2200 feet. Staff has been in contact with NCR
representative and they indicate a desire to build as soon as possible. Hewlett-
Packard, on the northwest corner of Harmony Road and County Road 9, has an
agreement with the City through its original PUD to improve its portion of County
Road 9 when the other side (NCR site) develops. Staff has contacted HP and it
has indicated its cooperation and financial responsibility for this improvement.
Bartran and Company is working to submit the last phase of the English Ranch
Subdivision at Horsetooth and County Road 9. As a part of their development,
County Road 9 will be improved for approximately 1400 feet. Staff has contacted
' Nr. Bartran and he indicates his willingness to cooperate and assume financial
responsibility for his company's portion of the improvements.
Spring Creek Farms also has approximately 1300 feet of frontage on County Road
9. Although not quite ready for development, the property owner has indicated
a willingness to work with the City on the roadway improvements.
Staff believes that through coordinating the developing properties along County
Road 9, improvements to County Road 9 can be completed this year, making the
Federal Enhancement project unnecessary. County Road 9 would be improved through
the development process using normal street oversizing reimbursements to
accomplish an improved arterial section with bicycle lanes. These improvements
would be completed this fall with NCR's development or early next spring with the
English Ranch development.
The ISTEA Funds ($116,639) that would not be used for this project would be
released for other NFRT & AQPC projects identified for funding in later years.
Although there is the possibility that the City of Fort Collins would "lose"
these funds to other Northern Front Range cities, they would be available for
alternative transportation projects. The NFRT & AQPC has a process in place to
reallocate these funds. Fiscal Year 1994 ISTEA funds must be committed to a
project by a September 1994 deadline. By releasing these funds now, there is
time to select and commit these funds to another alternative transportation
project:
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June 7, 1994
Staff recommends that the local matching funds appropriated ($46,O23) from the
Minor Street Capital Fund be retained for matching funds for the possibility that
the next Federal Enhancement Project selected by the NFRT & AQPC is in Fort
Collins. If not, staff proposes these matching funds for this project then be
used to fund another local alternative transportation project(s)."
City Manager Steve Burkett stated that staff recommended no action be taken.
Items Relating to the
Air Quality Advisory Board, Adopted.
The following is staff's memorandum on this item.
"Executive Summary
A. Second Reading of Ordinance No. 78, 1994, Creating an Air Quality Advisory
Board.
B. Resolution 94-96 Assigning a Councilmember as Liaison to the Air Quality
Advisory Board.
This Resolution appoints a Councilmember to act as the liaison to the Air Quality '
Advisory Board. Council will need to select a Counci7member prior to adoption
of the Resolution."
Councilmember Horak made a motion, seconded by Councilmember Janett, to adopt
Ordinance No. 78, 1994 on Second Reading. Yeas: Councilmembers Apt, Azari,
Horak, Janett, Kneeland, McCluskey and Smith. Nays: None.
THE MOTION CARRIED.
Councilmember Horak made a motion, seconded by Councilmember Smith, to adopt
Resolution 94-96 inserting the name of Alan Apt. Yeas: Councilmembers Apt,
Azari, Horak, Janett, Kneeland, McCluskey and Smith. Nays: None.
THE MOTION CARRIED.
Other. Business
Councilmember Janett made a motion, seconded by Councilmember Apt, directing
staff to review and make comments on County proposals in the corridor outside the
Urban Growth Area.
City Manager Steve Burkett suggested staff provide Council with a 2 page memo
outlining current policies.
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June 7, 1994
The vote on Councilmember Janett's motion was as follows: Yeas: Councilmembers
Apt, Azari, Horak, Janett, Kneeland, McCluskey and Smith. Nays: None.
THE MOTION CARRIED.
Councilmember Apt spoke of a recent decision by the PRPA Board that would improve
the Integrated Resource Planning (IRP) process and stated the Board planned on
conducting a telephone survey to gather public input on the IRP. He stated he
wanted to see a sample of the questionnaire.
Mayor Azari spoke of recent vandalism at the cemetery and of the need for harsher
penalties and requested staff explore different ways to enforce the law.
Adjour
The meeting adjourned at 10:40 p.m.
TEST:
City Clerk
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