HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/09/2004 - RECOMMENDATIONS OF THE NEIGHBORHOOD QUALITY OF LIF DATE: March 9, 2004 STUDY SESSION ITEM
STAFF: John Fischbach, Darin FORT COLLINS CITY COUNCIL
Atteberry & Steve Roy
SUBJECT FOR DISCUSSION
Recommendations of the Neighborhood Quality of Life Task Force.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
1. Which option or combination of options presented by the Task Force does Council want
staff to pursue?
2. In combination with implementing the selected option(s), should staff prepare for
Council's consideration an ordinance repealing the "Three-Unrelated Ordinance?"
3. What level of public outreach does Council want staff to undertake with regard to these
options?
4. Does Council have any additional direction for staff not addressed by the options
presented?
BACKGROUND
The quality of life in the City's residential neighborhoods has been the subject of increasing
concern over recent years. The City Code contains numerous ordinances which are designed to
protect and preserve that quality of life. For example, Chapter 20 of the Code consists of
ordinances addressing various kinds of nuisances. (A "nuisance" is a condition or situation that
interferes with the use or enjoyment of property.) The ordinances in Chapter 20 address both
specific nuisances (unreasonable noise, weeds, rubbish, inoperable vehicles, snow on sidewalks,
parking, etc.) and the cumulative effect of a combination of nuisances on "problem properties"
(the Public Nuisance Ordinance or "PNO"). Additionally, Chapter 5 of the Code establishes
minium standards for non-owner occupied housing, which are intended to protect the health and
safety of housing occupants from hazards presented by substandard dwellings. Finally, certain
provisions of the City's zoning code limit the number of unrelated persons who may occupy
individual dwelling units (the "Three-Unrelated Ordinance"). Typically, ordinances such as the
Three-Unrelated Ordinance are designed to preserve the character of owner-occupied residential
neighborhoods from a deterioration in property values and from the behavioral problems
sometimes associated with rental housing. In Fort Collins, it appears that the Three-Unrelated
Ordinance was adopted primarily to address parking issues.
The PNO, which was enacted by the Council in 2000, has clearly improved communication
between the City and the owners and managers of rental properties and has resulted in increased
property owner compliance with the City's nuisance ordinances. Moreover, the incidence of
March 9, 2004 Page 2
certain kinds of nuisance complaints (noisy parties) has declined over the last three years. In
addition to Code enforcement activities, the City has implemented many other proactive
programs over the past several years. Examples include the activities coordinated by the
City/CSU Liaison and the Neighborhood Resources Office.
Despite these efforts, a growing concern exists that these programs and the enforcement of the
ordinances described above have not been adequate to effectively protect the quality of life in the
City's residential neighborhoods. In response to this concern, the City Manager recently formed
a Neighborhood Quality of Life Task Force (the "Task Force") to analyze the various issues
identified by neighborhood residents and to propose ways to more effectively curtail
unacceptable behaviors in residential neighborhoods and to better protect the quality of life of
the residents of those neighborhoods. The Task Force and its subcommittees have met on
numerous occasions over the past several months in order to take a comprehensive look at the
situation and determine where improvements can be made. Periodic updates have been provided
to the City Council and the work of the Task Force has been the subject of two previous study
sessions.
As a result of this analysis, which included a review of the approaches taken by other cities
around the country, additional data gathering, and the processing of issues by cross-departmental
teams, the Task Force has produced three options for Council's considerations. These options
are not mutually exclusive. Instead, they represent increasing levels of regulation and
enforcement strategies. The options are generally described below and are described in greater
detail in the attachments to this Agenda Item Summary. (Note that the attachments are in draft
form and are intended only to illustrate the kinds of proposals that are under discussion.)
OPTION 1.
Option 1 generally consists of improvements to existing nuisance enforcement systems,
including a pilot program of more stringent enforcement of the City's noise ordinances, better
integration of City resources, and improved marketing strategies aimed at increasing public
awareness of the City resources available to address nuisance problems. Absent Council
direction to the contrary, staff intends to immediately begin implementation of Option 1. These
efforts will focus on Police enforcement activities, and will also include improved
communication between the Police and prosecution functions, as well as new opportunities for
seeking stiffer penalties in situations involving repeat offenders for aggravated circumstances.
A. Policin Strategies.trategies. Three policing strategies will be tested during the Spring of
2004. The first of these strategies will focus on increased training and supervision of officers
assigned to noisy party calls. The second strategy will entail closer tracking of the manner in
which such calls are handled. That is, officers will be directed to file reports on all bona fide
noisy party complaints if a decision is made not to issue a citation. The purpose of this
procedure will be two-fold: to provide a better record of disturbances for future reference, and to
encourage officers to issue citations, rather than warnings, unless specific, articulable reasons
exists to issue such warnings. These two enforcement strategies will be implemented
incrementally in order to be able to separately determine their relative effectiveness.
March 9, 2004 Page 3
The third enforcement strategy will be to add more staffing to respond to noisy party complaints.
This strategy will be implemented throughout both trial periods. Four additional officers will be
assigned to the more problematic areas of the city during hours of high call load, most often
Friday and Saturday evenings. The goal of this augmented staffing will be to shorten police
response time and to increase the ratio of citations issued to complaints received. It should be
noted that sustaining this additional staffing would require significant, ongoing supplemental
funding.
Additionally, staff will explore possible amendments to the City's unreasonable noise ordinance
to provide more objective standards for: (a) determining whether unreasonable noise exists, and
(b) identifying the responsible party for the purpose of issuing citations. The final point of this
component of Option 1 will be to broaden the use of the "Party Partners Program" which has
been successfully operated by CSU for offenders who are CSU students, and to incorporate that
program into the City's standard sentencing in all cases involving noisy parties, whether or not
the offenders are students.
B. Other system improvements. The action plan for this aspect of Option 1
includes improving the information given to City personnel who answer the City's nuisance
hotline; making the City's response to such calls more "seamless;" improving the information
base for notifying the owners of problem properties; proposing amendments to various nuisance
ordinances in order to allow for summons to be issued to repeat offenders without renotification;
increasing administration fees when the City abates a violation; and exploring the possibility of
new ordinances regulating the outdoor storage of construction materials and other materials not
customarily stored in residential neighborhoods.
C. Imorovedmarketin sg trate ig_es. New marketing strategies will be
implemented in order to better inform the public of the Nuisance Hotline and other City
resources available to deal with nuisance problems. These efforts may include television
commercials, radio spots, direct mailings to City residents, press releases, soap box articles and
other advertisements.
OPTION 2.
This option consists of two components: (a) the mandatory registration of residential rental
properties; and (b) voluntary compliance with a certification program designed to promote
quality rental housing.
The purpose of the registration of rental properties would be to provide Code enforcement
personnel with the names, local addresses and phone numbers of responsible parties who can be
contacted when complaints occur. The purpose of the voluntary certification program would be
to acknowledge and reward landlords who operate their rental businesses in a responsible
manner. In order to qualify for certification, landlords would need to demonstrate that their
residential rental properties meet the City's minimum housing standards, have a history of
compliance with City nuisance codes, are rented pursuant to leases containing certain kinds of
provisions that would encourage compliance with the City Code by tenants, etc. Rental units
meeting these kinds of specifications would then be identified and promoted by the City and
CSU as desirable rental properties.
March 9, 2004 Page 4
OPTION 3.
This option would add a licensing requirement to Option 2. The licensing program could focus
either on the provision of safe housing (which would be costly because of the need for ongoing
inspections) or on managing the behavior of the occupants of the housing, or both. Option 3
could also include parking requirements (Option 3A), and it could even limit the zone districts in
which rental housing is permitted or impose spacing requirement upon rental housing (Option
313). Properties that fail to comply with any of the licensing requirements could be penalized
through the suspension or revocation of the license.
In combination with these options, staff continues to recommend the repeal of the Three-
Unrelated Ordinance because of: (a) the difficulty encountered by the City and other
municipalities in enforcing such an ordinance; and (b) the fact that the ordinance focuses,
perhaps unfairly, on the number of unrelated occupants rather than on the behavior of those
occupants.
If Council chooses to pursue Options 2 or 3, additional public outreach will need to be conducted
in order to test the pros and cons of those options. This would be especially true of Option 3.
Because of the compressed time frame within which the Task Force has been operating, no
formal public outreach has yet been conducted, although input has been received sporadically
from interested neighborhood associations, property managers and others. Once staff receives
direction from the Council as to which option or combination of options the City Council is
interested in pursuing, extensive public outreach will be conducted prior to implementation of
the new regulations and enforcement strategies.
ATTACHMENTS
* Matrix of the options showing the goals to be achieved by each option
* More detailed information about Options 1, 2 and 3.
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Option 1
Police Services Response Plan for Parties/Noise
This plan is set solely on a trial basis on Late Week Night watch and data gathered as a
result will be used to consider whether aspects of this plan should be implemented on a
permanent basis pending Police Services Command Staff approval.
The purpose of this plan is to address three areas identified as issues in police services
response to party/noise calls.
They are:
I) Increase accuracy in statistical data on parties/noise,
2) Impact enforcement and seek to increase citations percentages to overall calls, and
3) Address shortages during high call load hours on weekends when patrol resources
are extremely extended and unable to respond in a timely manner.
THE PLAN:
1) Properly classify calls for service on parties/noise from inception.
GOAL: To increase accuracy in statistical data relating to party/noise
calls.
2) Develop and implement a protocol to limit the call dispositions to a select
few as compared to the wide spectrum currently used.
3) Party season enforcement: March 17 — May 1
GOAL: To reduce percentage of warnings to party violators and increase
citation ratio.
- Modified Zero Tolerance through more active supervision from March
17 through April 8.
- Case Report initiation in cases or calls where probable cause exists and
no citations issued. Officers responding to party/noise calls must
initiate a case to document the address of the party, the persons
contacted, and do a brief narrative report as to the use of their
discretion in not citing violators. April 9 through May 1 are the dates
of this test period.
4) High call load officer response to parties
GOAL: To increase timely police response to party call during high call
load hours when normal police resources are addressing higher priority
calls.
Police Response Plan for Parties— Page 2
Use of four(4) officers on an overtime basis to work on Friday and
Saturday nights from 2300—0300 hours during March 17 —May 1. They
will respond specifically to parties especially when volume of calls for
normal patrol resources are diminished due to higher priority calls.
- continue to deploy 2 "party" cars from existing patrol resources when
feasible
- implement only if City Manager's Office funds this aspect. Total cost
anticipated to be in the area of$5000.00. 16 hours a weekend
multiplied by seven equaling approximately 112 hours.
5) Seek greater communication between Municipal Court, City Attorney's
Office, and Police Services
6) Explore expansion of Party Partners to be applied citywide
7) Examine and clarify the unreasonable noise ordinance to better define
"unreasonable" with more objective criteria such as number of attendees,
time of day, day of week, etc. and to enable the officer to readily identify
the responsible party in order to rebut responses as to who is actually
responsible.
Option 1
POSSIBLE SYSTEM IMPROVEMENTS
(DRAFT FOR DISCUSSION PURPOSES ONLY)
Who: Darin Atteberry,Teresa Ablao,Beth Sowder,Gary Lopez,Rich Kopp,Rigo Niera,Melanie
Clark.
Action Plan:
• Improve information given to the person/people who answer the Nuisance Hotline. Melanie
will meet with each department(Animal Control,Building&Zoning,Police,Neighborhood
Resources)to get information sheets to use when dealing with citizen calls. These meetings
will be set up before the I"of March. Improvements will be made to how calls are handled
(less transferring of calls and more questions answered on the spot). We are also looking
into integrating City Works to keep track of all Nuisance Hotline calls. Streets will have
City Works up and running in March.
• Darin will put together a "technology meeting" to go over possibilities of making our
process more"seamless". Animal Control will work with Darin and Beth regarding how to
streamline information flow to and from Animal Control regarding public nuisances. Try
to utilize City Works (and maybe some other technology) to communicate and share
information across departments,including Neighborhood Resources,Building and Zoning,
Animal Control, Court, Prosecutors, etc.)
• The City Attorney's Office and Code Compliance Department will amend the nuisance and
weeds/rubbish ordinances to allow fur use of other sources(besides the Assessor's office)
for property owner data(needed to send abatement and other notices). Right now,property
information comes from the Assessor's office,a cumbersome process that often times results
in inaccurate,outdated and inadequate information. If the Registration component of Option
2 is implemented,the registration information would be very helpful maintaining an up-to-
date database.
Code Compliance Department and City Attorneys's Office will propose changes to the
weed,rubbish,and inoperable vehicle codes to allow for summonses to be issued to repeat
violators without re-notification. We cannot abate without notice, but we can issue a
summons and give them notice of violation(stating that we will abate if they don't correct
the violation in X days).
• The City Attorney's Office and Animal Control will propose changes to the Animal Code
to omit the necessity of posting a warning before a summons is issued on barking dog
complaints and also to examine a requirement regarding maintaining a fence in good repair
so that animals will not be al large.
• Code Compliance Department and City Attorney's Office will propose changes to the weed
and rubbish codes to allow for increased administration fees when the City abates a
violation. The increase will double for repeat violations up to 100%of the costs in addition
to the bill.
• Code Compliance Department and City Attorney's Office will explore and likely propose
a new ordinance regulating outdoor storage of materials such as appliances, construction
materials, firewood, and other materials not customarily stored outdoors in residential
neighborhoods.
Option 1
Possible Budget and Communications strategies for
Nuisance Hotline Marketin
(Draft for Discussion Purposes Only)
Strategy#1: Produce and air a 30 second television commercial for 10 days,4 times a day on both
Comcast cable channels.
Produce a 30 second spot for nuisance hotline $1 000
Choose 3-4 channels offered on Comcast cable to air
these spots, 4 times a day for 10 days. $10 per run
with 40 runs on 3 channels from 6am to midnight
each day for a total of 120 runs.
$1,200
In order to produce and set up television spots for first
airing, need anywhere from 6 weeks to 2 months.
Strategy#2: Produce a 30 second radio spot using the television spot from before and run it on
radio stations as a public service announcement.
Produce the radio spot using the television spot
$200
Should run free as a public service announcement
Producing and setting up radio spot for airing could
take anywhere from 6 weeks to 2 months.
Strategy#3: Air same 30 second television spot used on Comcast on City Cable 27. Place a
bulletin board on City Cable 27. Have nuisance hotline discussed during mailbag
portion of Showcase Fort Collins show.
All of these items would be free of charge.
$0
It would take 6 weeks to 2 months to get these strategies
implemented.
Strategy#4: Run a 5 to 15 minute panel talk show type spotlight on City Cable 27 in which the
nuisance hotline is discussed and promoted.
-Producing and airing this talk show will cost:
$200-$300
-It would take 6 weeks to 2 months to schedule and produce this talk show.
Strategy#5: Produce magnets for the nuisance hotline to be mailed to Fort Collins residents. These
magnets will be two colors, and can be in business card shape and size, or special cut out shape and
size. The cut out shapes could be a phone or a house shape. These magnets could possibly be
included in a direct mailing.
-Price quotes were collected four different quantities for three different magnet sizes and shapes.
These magnets will be done using artwork that we produce in house and will have a white
background with one imprint color of our choosing. Quotes were collected for a business card shape,
telephone shape and house shape,for quantities of 5,000, 10,000,25,000, and 68,000. 68,000 is the
number of households on the City of Fort Collins direct mailing list. The pricing quotes were as
follows:
5,000 10,000 25,000 68,000
Business card: $616 $1,023 $2,217 $5,335
House shape: $1,643 $2,896 $6,945 $17,480
Telephone shape: $1,599 $2,868 $6,737 $16,915
"Specific price information is provided at the end.
-The quotes from above are from a company called 4imprint. They were the first company to send
me their price quote. I am still waiting on quotes for the exact same products and quantities above
from Best Impressions and Crider& Company.
-Once we get the artwork and other information to the company,it will take 2-3 weeks to produce
these magnets and 4 days to ship them to us.
Strategy#6: Send out a direct mail piece to Fort Collins residents. This direct mail piece may also
include the magnet produced from above so that people are not only receiving the direct mail post
card, but they are receiving the magnet as well.
-The mailing quotes provided are for a card 8 %"x 5 %"in two colors. The prices include printing,
mail prepping,postage and all other associated costs. The range in price will depend on the quantity
we choose to use. The exact price quote is included at the end of this report.
$1,725 - $19,156
"*Specific price information is provided at the end
-We can include our pre-produced magnet in these postcards with a glue spot in each of these post
cards.
Additional $600 - $8,160
-Printing and completing the direct mailing job will require approximately two weeks once we have
sent the artwork and complete information about mailing needs.
Strategy#7: Run a print ad in the Coloradoan advertising the nuisance hotline.
-Cost of these ads is determined by the column size of the ad and the number of times we would like
to run the ad. Price quote information will be provided by the City of Fort Collins advertising
representative at the Coloradoan, Sara. At this point she suggested that we run a I x 2 column print
ad for 13 weeks. These 13 weeks can be split up over a six month period and we can choose any 13
weeks we would like. The cost of this is $152 per week.
Total: $1,967
-It will take about 1-2 weeks to make the arrangement before the first ad is run.
Strategy#8: Send press releases to the Coloradoan and other local newspapers and publications.
We can do about three different press releases. The first could be general information and
introduction. The second two could be about the progress made and other important developments
with the nuisance hotline.
-Sending these press releases would be free of charge.
-Getting information from these press releases published would take 1-2 weeks.
Strategy #9: Write a Soapbox to be placed in the Coloradoan about the nuisance hotline.
-This Soapbox would also be free of charge
-It will take about 1-2 days to write the Soapbox and it may take 4-5 da ys to see it printed.
Strategy #10: Use Ruthanne Kastner's column as a promotional tool for the nuisance hotline.
-This will be free of charge
-The timing will depend on the next opportunity Ruthanne has available and how her column
schedule runs.
Strategy#11: Place advertisement in the Fort Collins Chamber of Commerce newsletter. Purchase
and E-package for advertising which will be a combination of ads based on size and placement.
-Price list for these ads are included. The City of Fort Collins receives a non-profit organization
discount of$50 on all advertising.
$250-$4,300
**Specific price information is provided at the end.
-We order the ad to run whenever we would like. Time is completely dependent on what we would
like.
Strategy#12: Order a bulletin board in Fort Collins to advertise the nuisance hotline.
-Prices of these bulletin boards depend on the size and location.
$400-$1200/month
**Specific price information is provided at the end.
-These bulletin boards are available beginning March 15,2004 and it takes about 2 weeks to produce
and mount them.
Strategy #13: Run information about the nuisance hotline in the City News newsletter.
-This will be free.
-Articles must be to Kelly DiMartino by the first of the month to be run the following month. The
newsletter goes to print about 2 weeks after the first and is distributed about 2 weeks after this.
Strategy #14: Have posters printed with nuisance hotline information to be posted at recreation
centers, the senior center, local businesses, and anywhere we would like.
-Prices vary based on quantity and artwork.
-Heffner-Dean Printing: 250= $319 500=$368
-Citizen Printing: 250= $340 500= $395
-Frontier Printing: 250=$321 500= $359
**Specific price information is provided at the end.
-It will take 3-10 days to have these printed
Strategy#15: Set up a URL on fcgov.com website specifically for the nuisance hotline. Also link
this URL to any other URLs on the fcgov.com website so that people can really get to it directly.
-This is free of charge
-This takes almost no time at all, once we let IT know what we want the URL to be
(www.fcgov/nuisance.com) and where we want it linked to.
Strategy#16: Run another Spotlight on the fcgov.com website for the nuisance hotline.
-This is free of charge
-This takes only a couple of days once we have requested the spotlight space.
Strategy#17: Post the number in the Qwest Dex and Yellow Pages phone books under a variety
of places, including the government pages, community pages, business pages, and yellow pages.
-Costs vary based on where we place it in the business and yellow pages sections,but the community
and government pages are free of charge.
-We will be unable to have these published until November or January. These books have just
recently been distributed.
Strategy #18: Place information about the nuisance hotline in neighborhood and Home Owners
Association newsletters around the city, as well as in Neighborhood News.
-This information will be provided by Ginny Sawyer.
Strategy#19: Create and produce coasters to be placed at local bars and restaurants that advertise
the nuisance hotline.
-Price and schedule information available upon request.
Proposed Budget
Comcast commercials $2,200
Radio PSA's $200
City Cable 27 commercials & bulletin boards $0
City Cable 27 panel 15 minute talk show $250
Magnets $616- $16,915
Direct Mail Post card $1,725- $27,316
Coloradoan $1,967
Coloradoan Soapbox $0
Coloradoan columns by City employees $0
Chamber of Commerce ads e-packages $250- $4,300
Bulletin boards $400- $1,200
City News $0
Posters $319- $395
New Nuisance hotline URL $0
Website spotlight $0
Phone books $0
Neighborhood News & HOAs ($0)
Subtotal $7,927 $54,743
Contingency fund of 10% $793 $5,475
Total $8,720 $60,218
This report was complied by: Erin Mueblenkamp,Intern City of Fort Collins
Communications&Public Involvement Office
(970)416-2738 FAX:(970)416-2178 E-mail: EMueblenkamp@fcgov.com
Option 2
Mandatory Rental Registration with Voluntary Certification City Wide
I. Mandatory Rental Registration
• Results in a database for better code enforcement
1. Property Address
2. Property Owner Name & Contact Information
3. Local Contact Information
• Failure to register is a code violation
II. Voluntary Certification
• Recognizes and rewards exemplary properties
I. Landlord provides proof of compliance with minimum housing standards
2. Lease language addresses nuisance issues
3. Satisfactory history of code compliance
4. Acceptable parking provided (e.g. minimum number of spaces per
bedroom)
5. Completion of a landlord training class
Certified Properties
1. Can list through CSU Housing Fair and Off Campus Listing Services
2. Benefit from additional marketing tools
• Puts responsibility and reward in hands of property owners
• Certification recognized and promoted by City of Fort Collins & CSU
• Increases City ability to track and enforce code violations
Option 3
Mandatory Residential Rental Licensing
• Option 3A
1. Ensure safe housing (ongoing inspections required)
2. Additional control over nuisance violations
3. Parking requirements
• Option B
1. Ensure safe housing(ongoing inspections required)
2. Additional control over nuisance violations
3. Parking requirements
4. Zoning& spacing requirements
• Fee imposed to recover costs
• Can address any number of issues, e.g. occupancy,parking, safety, nuisance
behaviors, etc.
• Noncompliance may result in suspension or revocation of license.
• Stronger property owner accountability