HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/05/2005 - CONSIDERATION AND APPROVAL OF THE REGULAR COUNCIL ITEM NUMBER: 6
AGENDA ITEM SUMMARY DATE: July5, 2005
FORT COLLINS CITY COUNCIL STAFF: Wanda Krajicek
SUBJECT
Consideration and approval of the regular Council meeting minutes of May 17, 2005 and June 7,
2005.
May 17, 2005
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting- 6:00 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, May 17, 2005,
at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered
by the following Councilmembers: Hutchinson, Kastein, Manvel, Ohlson, Roy, and Weitkunat.
Councilmembers Absent: Brown
Staff Members Present: Atteberry, Krajicek, Roy.
Citizen Participation
Steve Musiel,Kel-Mar strip business owner at 5848 South College Avenue,opposed the southwest
enclave annexation.
Courtney Speshky, incoming ASCSU Director of Community Affairs, thanked the Mayor for
attending the community picnic on May 7. She stated she was looking forward to continuing the
dialogue with the City on issues such as the "three unrelated" ordinance.
Brian Chaco, Colorado Lifestyle Furniture owner, opposed the southwest enclave annexation and
stated the businesses in the area were in opposition to the annexation due to increased fees and
utility costs.
Greg Ost, small business owner in the Kel-Mar business district, stated affected residents and
business owners in the proposed southwest enclave annexation were concerned about the purpose,
process and likely outcomes.
Tony Mann, 5201 Greenview Drive, small business owner, spoke against the southwest enclave
annexation.
Lynn Colter,Applewood Estates resident,opposed the proposed southwest enclave annexation and
the costs to the residents and the City. She noted that thousands of signatures had been gathered on
petitions opposing the annexation.
Brian Schumm, 5948 Colby Street, spoke in favor of the annexation of the Kel-Mar strip and stated
the businesses in that area were currently benefitting from City services. He noted that he had
attempted to work through a number of issues with the City and the County for the last few years.
He stated the City had "control' in the enclave due to the Growth Management Area, the
intergovernmental agreement with the County, and previous Council direction regarding land use
within that zone. He asked that the Council direct the City Manager and staff to follow the Structure
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May 17, 2005
Plan and to process rezonings within the City rather than allow them to be processed by the County
within the Growth Management Area.
Neil Hurst, President of the Fossil Creek Homeowners Association, stated he represented 240
residents and opposed the southwest enclave annexation. He stated there should be a public vote
on the annexation, which would represent"taxation without representation."
Charlene Hayes, Sidekick Flea Market owner, opposed the southwest enclave annexation.
John Cockson, 5108 Plateau Court, spoke against the southwest enclave annexation and stated the
annexation would be costly to the residents of the annexation area and the City.
Al Baccili, 520 Galaxy Court, opposed the costly southwest enclave annexation.
Mark Brophy, 1109 West Harmony Road, spoke against the"tyrannical" forced southwest enclave
annexation. He urged Councilmembers to indicate their views during Citizen Participation Follow-
up about the comments made during Citizen Participation.
Lee Fairman, 5823 Auburn Drive, spoke regarding the purchase of the Abraxis Building for
$750,000. Mayor Hutchinson stated this was an agenda item and that there would be an opportunity
for Citizen Participation at that time if the item was withdrawn from the Consent Calendar.
Gail Zirtzlaff, 2048 Manchester Drive, expressed concerns regarding enforcement of the "three
unrelated" ordinance.
Citizen Participation Follow-up
Mayor Hutchinson thanked those who spoke during Citizen Participation. He stated Citizen
Participation Follow-up was an opportunity for Council to give feedback rather than to debate the
issues in a town meeting format.
Councilmember Ohlson commented that the open space in the southwest part of the City was not
purchased with the intent of creating an annexation enclave. He stated those open space purchases
were based on plans and five overwhelming citizen votes. He stated the enclave was created upon
the annexation of those open spaces and that he did not believe that the annexation of the open space
was necessary or appropriate.
Councilmember Kastein agreed with Councilmember Ohlson's comments about the purchase of the
open space and that he believed that it was appropriate for the City to annex that open space because
it was City-owned property. He stated he was now evaluating the need to annex the southwest
enclave annexation area. He thanked the speaker who spoke about the"three unrelated"ordinance.
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Agenda Review
City Manager Atteberry stated there was a revision to item #20 Resolution 2005-054 Making an
Appointment to the Downtown Development Authority to insert the name"George Brelig"and that
there was a revision to item #21 Resolution 2005-045 Making an Appointment to the Fort Collins
Housing Authority Board of Commissioners to insert the name "Karen Weitkunat."
Mark Brophy, 1109 West Harmony Road, withdrew item #8 Items Relating to the Purchase and
Lease of Property Located as 212 LaPorte Avenue from the Consent Calendar.
Bev Weiss withdrew item #14 First Reading of Ordinance No. 057, 2005, Authorizing the
Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the Construction of
Public Improvements in Connection with the Dry Creek Drainage Improvements Project-East Vine
Diversion Channel from the Consent Calendar.
Councilmember Roy withdrew item#15 First Reading of Ordinance No. 058, 2005,Authorizing an
Easement for a Pedestrian Bridge for Opera Gardens Lofts from the Consent Calendar.
CONSENT CALENDAR
6. Consideration and approval of the regular Council meeting minutes of April 19, 2005 and
the adjourned Council meeting minutes of April 26, 2005.
7. Second Reading of Ordinance No. 049,2005,Appropriating Unanticipated Revenue in the
General Fund to the Fort Collins Housing Authority to Fund Affordable Housing and
Related Activities.
The Fort Collins Housing Authority("Authority")paid the City of Fort Collins $12,033 as
a 2004 payment for public services and facilities. The Authority annually requests that the
City refund the Payment in Lieu of Taxes(PILOT)to fund sorely needed affordable housing
related activities and to attend to the low-income housing needs of Fort Collins residents.
Resolution 1992-093 reinstated the requirement that the Authority make annual PILOT
payments to the City. The City may spend the PILOT revenues as it deems appropriate in
accordance with law, including remitting the funds to the Authority if the Council
determines that such remittal serves a valid public purpose. The Council has remitted the
PILOT payment to the Authority annually since 1992. Ordinance No. 049, 2005, was
unanimously adopted on First Reading on May 3, 2005.
8. Items Relating to the Purchase and Lease of Property Located as 212 LaPorte Avenue
A. Second Reading of Ordinance No.050,2005,Appropriating Unanticipated Revenue
in the Capital Projects Fund- Building Community Choices -New Main Library/
Acquisition and Design Capital Project and Authorizing the Transfer Between Funds
of Existing Revenue to be used to Purchase Property Located at 212 LaPorte
Avenue.
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May 17, 2005
B. Resolution 2005-049 Authorizing the City Manager to Execute a Lease Agreement
for 212 Laporte Avenue,Fort Collins,Colorado to Abraxis Art Glass&Doors, Inc.
The City of Fort Collins developed the Downtown Civic Center Master Plan in 1996. At that
time,the Plan called for Block 32 to have municipal government offices and a library. The
Plan includes a pedestrian corridor through the middle of the block. The City has purchased
most of the Block, but there are currently two properties still under individual ownership.
The City constructed its new office building on the east half of Block 32 and the Plan
contemplates the construction of the new Library on the westerly side of Block 32. This
Library is part of the Building Community Choices.
The owner of 212 West LaPorte Avenue is moving his business and has approached the City
to purchase the property. This is a good opportunity to purchase this site for the City's future
use on the Block. With this property, the City will own the entire Block except for the
southwesterly corner. Buying today with a willing seller will save the City money in the
future and, until the Block is developed, the City will rent the property to generate income.
9. Second Reading of Ordinance No. 051,2005,Amendin¢ Section 2380) of the Fort Collins
Traffic Code Pertaining to License Plates.
At the time of the adoption of the Traffic Code,it was the understanding of staff and Council
that the Traffic Code would most likely be subject to future amendments, not only for the
purpose of clarification and correction of errors,but also for the purpose of ensuring that the
Traffic .Code remains consistent with State traffic laws. This amendment will require
motorcycles, trailers, and other vehicles to attach license plates to the rear of the vehicle.
This change is necessary for the section to be consistent with state law.
Staff will submit the changes to Colorado Department of Transportation (CDOT) for
approval pursuant to statute. As this amendment is made to conform to state law, it is
anticipated that CDOT will approve the amendment.
Ordinance No. 051, 2005, was unanimously adopted on First Reading on May 3, 2005.
10. First Readine of Ordinance No.053,2005,Appropriating Prior Year Reserves in the General
Fund for Cultural Development and Programming Activities and Tourism Capital.
This Ordinance appropriates lodging tax revenues that were in excess of 2004 budgeted
lodging tax receipts to Cultural Development and Programming ("CDP"), Visitor Events,
and Tourism Capital fund accounts. Lodging tax revenue for 2004 was estimated to be
$573,600 and the 2005 budget appropriated an equal amount. However, actual receipts
totaled $601,143 for 2004 and the difference of$27,543 has not been appropriated.
This Ordinance also appropriates the CDP and Visitor Events funds in the General Fund
reserves for lodging taxes to be used to support events that provide a public benefit to the
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May 17, 2005
Fort Collins Community and promote the utilization of public accommodations within the
city. The City's Cultural Resources Board reviews applications for these funds and makes
recommendations to the City Council.
11, First Reading of Ordinance No.054,2005 Authorizing the Transfer of Appropriations from
the Street Oversizing Fund to the Capital Project Fund - Timberline Road Improvements
Project to Be Used for Completion of Engineering Design and Establishing Appropriations
for Railroad Crossing Improvements at the Project.
Developers have contributed $100,000 to the City to begin the engineering design of
Timberline Road from Prospect to Drake. There are additional engineering design costs with
the project to be funded by Street Oversizing. This item appropriates $184,000 into the
project budget for the completion of the final engineering design. In addition, railroad
crossing permits with Great Western Railroad for widening the track on both Timberline
Road and Prospect Road need to be submitted one year in advance of the construction in
order to schedule the railroad crews. The permit requires that funds for the crossing material
and labor be budgeted and available in the project. $280,000 will be appropriated and
earmarked for the railroad crossing agreement in order to submit the required permits and
work orders. The total transfer amount is $464,000 and is available in existing Street
Oversizing Fund appropriations.
12. First Reading of Ordinance No. 055,2005,Authorizins the Purchasing Agent to Enter into
an Agreement for the Financing by Lease-Purchase of Vehicles and Equil2ment.
This Ordinance authorizes the Purchasing Agent to enter into a lease-purchase financing
agreement with Koch Financial Corporation at 4.96 percent interest rate. The agreement is
for an original term from the execution date of the agreement to the end of the current fiscal
year. The agreement provides for renewable one-year terms thereafter,to a total term of five
(5) years, subject to annual appropriation of funds needed for lease payments. The total
lease terms, including the original and all renewal terms, will not exceed the useful life of
the property. This lease-purchase financing is consistent with the financial policies of the
City of Fort Collins.
All equipment shall be purchased following the City's purchasing ordinances and procedures
to ensure that the City realizes all cost savings. The vehicles and equipment financed under
the agreement will comply with applicable City policies,and will be in accordance with the
goal of optimizing City resources without impacting service to the community.
13. First Reading of Ordinance No. 056, 2005, Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for that Certain Property Known as the
Schrader Rezonine.
This is a request to rezone a parcel owned by Schrader Oil Company and the abutting
Burlington Northern Santa Fe right-of-way,presently zoned T (Transition),to RDR(River
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May 17, 2005
Downtown Redevelopment). The subject site consists of 5 t acres located south of Willow
Street and east of College Avenue.
14. First Reading of Ordinance No.057,2005,Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary for the Construction of Public Improvements in
Connection with the Dry Creek Drainage Improvements Project - East Vine Diversion
Channel.
The design portion of the Dry Creek Drainage Improvements Project ("Project") began in
2003. The construction of the Project began in April 2005 with completion scheduled for
2006. The total project involves a combination of sub-projects in the upper, middle and
lower basins of Dry Creek with the goal of reducing the likelihood of flooding in Fort
Collins and Larimer County.
The approval of this ordinance does not automatically result in the filing of a petition in
eminent domain; it simply allows staff to use the process if good faith negotiations fail to
result in an agreement between the City and affected property owners. Staff is hopeful that
all acquisitions will be accomplished by agreement.
15. First Reading of Ordinance No.058,2005,Authorizing an Easement for a Pedestrian Bridge
for Opera Gardens Lofts.
The development of Opera Garden Lofts was approved as a minor amendment to the Opera
Galleria, contingent upon the developer being able to provide off-street parking to the users
of the new mixed-use building and also contingent upon negotiating permission from the
City for a bridge between the Opera Galleria and the Civic Center Parking Structure
("CCPS"). The developer cannot commence construction until this easement is granted.
The developer has indicated that this bridge is important to make the Opera Garden Lofts
project more attractive to lenders and potential purchasers of units.
The Opera Gardens Lofts project will add two floors to the Opera Galleria. The easement
request is to construct an above-grade pedestrian bridge from the 4th floor of the CCPS to
one of the new floors of the Opera Galleria. This pedestrian bridge will not replace the
existing bridge,which is a public bridge. The new bridge will be a private bridge to be used
by users of the mixed-use structure.
16. Resolution 2005-050 Authorizing a Revocable Permit to Coburn Development, Inc., for a
Period of Up to Two Years on Property Owned by the City for the Puroose of Access and
Performing Due Diligence Activities.
The City of Fort Collins conducted a Request for Proposal ("RFP")process that requested
proposals for the development of a portion of Block 33 in accordance with adopted City
plans. The property included in this RFP was 75%of the block, excluding the Car Barn and
associated parking. Through this process, the City selected Coburn's firm to complete the
requested work in the RFP. At that time, the City and Coburn entered into an Exclusive
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May 17, 2005
Negotiating Agreement. The goal for this project is for Coburn to eventually acquire the
property from the City and develop it in accordance with the approved plans.
Coburn has done a preliminary design for the property and is proceeding into conceptual
review. In order for Coburn to continue its work, the firm needs to have permission from
the City to access the property and to perform due diligence work on the property including
surveying and geotechnical drilling. They will also need on-going access to the site as the
project develops. Issuing this Permit allows Coburn to continue the work as required by the
Exclusive Negotiating Agreement for the property on Block 33. This Permit is not intended
to include construction activities.
17. Resolution 2005-051 Authorizing the City to Enter into a Contract with Public Strategies
Group, Inc., for the Purchase of Services to Develop the 2006 and 2007 Budget Using the
Budgeting for Outcomes Format, as an Exception to the Competitive Process.
Public Strategies Group,Inc.,has developed a unique process for budgeting—Budgeting for
Outcomes. Because the City is facing a structural change in its revenues, this approach is
being used to match citizen expectations with available resources.
18. Resolution 2005-052 Adopting the Recommendations of the Cultural Resources Board
Regarding Fort Fund Disbursements.
The guidelines for the Cultural Development and Programming and Tourism Programming
accounts (Fort Fund) provide a three-tiered funding system. Organizations may apply for
grants from these accounts to fund community events. Tier#1 was established as an annual
programming fund for organizations whose primary purpose is to present three or more
public events annually. These groups may apply for funding from Tier#1 each April. Tier
#2 allows organizations that are not eligible for Tier #1 support to apply for funding of
events that are not fund-raising in nature and do not generate more than$5,000 in proceeds
after expenses. Tier#3 allows organizations that are not eligible for Tier#1 support to apply
for funding of events that generate more than $5,000 in proceeds after expenses and are
fund-raising in nature. Applications for support from Tier 42 and Tier#3 are accepted each
January and June.
19. Resolution 2005-053 Authorizingthe he City Manager to Enter into an Intergovernmental
Agreement with the Board of The Great Outdoors Colorado Trust Fund and an
Intergovernmental Agreement With Three Partner Entities for the Laramie Foothills:
Mountains to Plains Grant Project.
On December 1, 2004, Great Outdoors Colorado (GOCO) awarded the City, Latimer
County, Legacy Land Trust, and The Nature Conservancy an $11.6 million grant for the
Laramie Foothills Mountains-to-Plains Project. A portion of this grant in the amount of
$976,000 will be allocated directly to the City of Fort Collins to help support the project.
A Grant Agreement between the partner entities is required to set out the respective
obligations of the parties and to enable the City to receive the grant award. A Project
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May 17, 2005
Agreement also is necessary to designate a "grant agent' for the local partners. Larimer
County will serve as the grant agent.
20. Resolution 2005-054 Making an Appointment to the Downtown Development AuthoritK
A vacancy currently exists on the Downtown Development Authority due to the resignation
of Mary Brayton. Resolution 2005-054 making an appointment to the Downtown
Development Authority has been prepared to insert a name for the Council appointment to
replace Mary Brayton.
21. Resolution 2005-045 Making an Appointment to the Fort Collins Housing Authority Board
of Commissioners.
A vacancy currently exists on the Housing Authority due to the resignation of Marty Tharp.
Resolution 2005-045 making an appointment to the Housing Authority has been prepared
to insert a name for the Council appointment to replace Marty Tharp.
22. Routine Easements.
A. Easement for construction and maintenance of public utilities from Archer Homes,
Inc.,to relocate existing electric system to accommodate additional units,located at
400 Jackson. Monetary consideration: $10.
B. Easement for construction and maintenance of public utilities from Pheasant Run
Investments, to place existing overhead electric system underground at 1229 East
Mulberry. Monetary consideration: $360.
C. Easement for construction and maintenance of public utilities from Jeffrey Jay and
Carol Shuster Johnson, located at 132 Yale to install electric oval vault to place
existing overhead electric system underground. Monetary consideration: $200.
D. Easement for construction and maintenance of public utilities from South Link Lane
Condominium Association, located at 401 Link Lane to place existing overhead
electric system underground. Monetary consideration: $1920.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
7. Second Reading of Ordinance No. 049, 2005, Appropriating Unanticipated Revenue in the
General Fund to the Fort Collins Housing Authority to Fund Affordable Housing and
Related Activities.
8A. Second Reading of Ordinance No. 050, 2005, Appropriating Unanticipated Revenue in the
Capital Projects Fund-Building Community Choices-New Main Library/Acquisition and
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May 17, 2005
Design Capital Project and Authorizing the Transfer Between Funds of Existing Revenue
to be used to Purchase Property Located at 212 LaPorte Avenue.
9. Second Reading of Ordinance No. 051,2005,Amending Section 238(1) of the Fort Collins
Traffic Code Pertaining to License Plates.
Ordinances on First Reading were read by title by City Clerk Krajicek.
10. First Reading of Ordinance No.053,2005,Appropriating Prior Year Reserves in the General
Fund for Cultural Development and Programming Activities and Tourism Capital.
11. First Reading of Ordinance No.054,2005,Authorizing the Transfer of Appropriations from
the Street Oversizing Fund to the Capital Project Fund - Timberline Road Improvements
Project to Be Used for Completion of Engineering Design and Establishing Appropriations
for Railroad Crossing Improvements at the Project.
12. First Reading of Ordinance No. 055, 2005,Authorizing the Purchasing Agent to Enter into
an Agreement for the Financing by Lease-Purchase of Vehicles and Equipment.
13. First Reading of Ordinance No. 056, 2005, Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for that Certain Property Known as the
Schrader Rezoning.
14. First Reading of Ordinance No.057,2005,Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary for the Construction of Public Improvements in
Connection with the Dry Creek Drainage Improvements Project - East Vine Diversion
Channel.
15. First Reading of Ordinance No.058,2005,Authorizing an Easement for a Pedestrian Bridge
for Opera Gardens Lofts.
26C. First Reading of Ordinance No. 059, 2005, Appropriating Unanticipated Revenue and
Authorizing the Transfer of Appropriations Between Program Years in the Community
Development Block Grant Fund.
26D. First Reading of Ordinance No. 060, 2005, Appropriating Unanticipated Revenue in the
HOME Investment Partnerships Fund.
Councilmember Kastein made a motion,seconded by Councilmember Ohlson,to adopt and approve
all items not withdrawn from the Consent Calendar. The vote on the motion was as follows: Yeas:
Councilmembers Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED.
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Consent Calendar Follow-up
Councilmember Ohlson spoke regarding item #12 First Reading of Ordinance No. 055, 2005,
Authorizing the Purchasing Agent to Enter into an Agreementfor the Financing by Lease-Purchase
of Vehicles and Equipment and requested additional information prior to Second Reading. City
Manager Atteberry stated the City owned approximately 2,000 pieces of equipment and vehicles,
including vehicles and small equipment.
Councilmember Reports
Councilmember Roy thanked those who participated in the successful Old Town Marathon and
spoke regarding the revenue generated for the City by such events.
Councilmember Ohlson thanked staff for their help in orienting the new Councilmembers during the
transition period.
Councilmember Kastein reported on the discussions of the North Front Range Transportation and
Air Quality Planning Council relating to a presentation regarding the RTA formed in the Pikes Peak
area.
Items Related to the Completion of the Spring Cycle of the Competitive Process for
Allocating City Financial Resources to Affordable Housing and Community Development
Projects/Programs and Community Development Activities Utilizing Community
Development Block Grant (CDBG) and HOME Investment Partnership Funds, Adopted
The following is staff s memorandum on this item.
"EXECUTIVE SUMMARY
A. Resolution 2005-055 Approving the Fiscal Year 2005 Community Development Block Grant
Programs and Projects and the Use of Unprogrammed FY 04 CDBG Entitlement Grant
Funds, Reprogrammed FY 03 HOME Grant Funds, Unprogrammed FY 04 HOME Grant
Funds, and the HOME FY 04-05 Community Housing Development Organization Set Aside
Funds for the City of Fort Collins.
B. Resolution 2005-056 Approving the Fiscal Year 2005 Home Investment Partnerships
Program for the City of Fort Collins.
C. First Reading of Ordinance No. 059, 2005, Appropriating Unanticipated Revenue and
Authorizing the Transfer of Appropriations Between Program Years in the Community
Development Block Grant Fund.
D. First Reading of Ordinance No. 060, 2005, Appropriating Unanticipated Revenue in the
HOME Investment Partnerships Fund.
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May 17, 2005
The Community Development Block Grant (CDBG)Program and HOME Investment Partnership
Program provide Federal funds from the Department of Housing and Urban Development(HUD)
to the City of Fort Collins which can be allocated to housing and community development related
programs andprojects, thereby, reducing the demand on the City's General Fund Budget to address
such needs. The City Council is being asked to consider the adoption of two resolutions related to
fording under the CDBG and HOME Programs. The first resolution (Resolution 2005-055)
establishes which programs and projects will receive funding with CDBG funds for the FY 2005
Program year, which starts on October 1, 2005, and the Use of Unprogrammed FY 04 CDBG
Entitlement Grant Funds, Reprogrammed FY 03 HOME Grant Funds, Unprogrammed FY 04
HOME Grant Funds, and the HOME FY 04-05 Community Housing Development Organization Set
Aside Funds. The CDBG Commission presents a list of recommendations as to which programs and
projects should receivefunding. The second resolution(Resolution 2005-056)establishes the major
funding categories within the HOME Program for the FY2005 Program year, which also starts on
October 1, 2005. Specific projects for the use ofHOMEfunds will be determined in November as
a result of the fall funding cycle of the competitive process for the allocation of the City's financial
resources to affordable housing programs/projects and community development activities.
The following are the allocations recommended by the Community Development Block Grant
Commission to the Fort Collins City Council:
PLANNING AND ADMINISTRATION
Maximum 20% of CDBG Grant Funds - $230,817
Amount of Request Recommendation I Applicant—Project
$193,046 $193,046 City o FortCollins - CDBGAdministration
$20,000 $0 North Fort Collins Business Association — Urban
Renewal Action Plan
AFFORDABLE HOUSING PROJECTS
Amount o Re uest Recommendation Applicant—Project
$200,000 $200,000 City of Fort Collins Advance Planning-Home
Bu er Assistance
$300,000 $300,000 Fort Collins Housing Corporation - Village on
Plum Preservation Phase H
$152,735 $152,735 Fort Collins Housing Corporation - Village on
Bryan Avenue Senior Apartments, Rehabilitation
$240,000 $51,000 Habitat for Humanity- Vacant Property
Acquisition
$251,611 $251,611 Neighbor to Neighbor-Rehabilitation of
A ordable Housin
$500,000 $0 CARE Housing-Affordable Housing Land
Collaborative
$90,000 $0 Collins Colorado Housing, LLC- "Access Sumac"
Acquisition and Rehabilitation
All affordable housing project funding allocations are a Due-on-sale Loan with a 5%fee
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PUBLIC FACILITYAPPLICATIONS
Amount of Request Recommendation Applicant—Project
$47,376 $0 City of Fort Collins Engineering-Daisy Street
Improvements
$97,572 $0 City of Fort Collins Engineering- Scott Avenue
Improvements
$211,500 $0 City of Fort Collins Engineering-North Mason
Road Improvements
$84,600 $0 City of Fort Collins Engineering-Alpine Street
Improvement
$97,010 $0 City of Fort Collins Engineering-Pinon Street
Improvements
$12,000 $12,000 City of Fort Collins Facilities - Crossroads
Sa ehouse Rehabilitation
$7,000 $7,000 1 Northern ColoradoAIDSProject - Facility
Purchase
All public facility funding allocations are a Due-on-sale Loan with a 5%fee
PUBLIC SERVICE APPLICATIONS
Amount o Re uest Recommendation Applicant—Project
$20,000 $0 Project Sel-Su icienc
$17,500 $15,000 Springfield Court Early Learning Center—Sliding
Fee Scholarshi Program
$12,464 $0 Court Appointed Special Advocates
$5,200 $0 Ensi ht Skills Center—Home Safety
$6,669 $6,669 Elderhaus—Eagle's Club
$20,000 $0 Win shadow - Outreach Program
$10,000 $8,500 Education and Life Training Center-Employment
Skills Training
$10,000 $10,000 Respite Care- Sliding Fee Scholarship Program
$9,490 $0 Meals on Wheels—Meal Subsidy Project
$19,685 $19,685 B.A.S.E. Cam - Sliding Fee Scholarship Program
$14,000 $12,250 Sunshine School- Sliding Fee Tuition Scholarship
$15,000 $3,599 Rehabilitation and Visiting Nurses Association —
Home Health Care Scholarship Fund
$4,000 $0 FirstCall- 2-1-1 Enhanced Information and
Referral
$30,000 $25,000 Neighbor to Neighbor— Comprehensive Housing
Counseling
$14,000 $4,640 Northern Colorado AIDS Project- Case
Management and Homeless Prevention
$25,500 $23,500 United Day Care -Sliding Scale Tuition
Scholarship
$11,750 $7,750 The Family Center/La Familia El Nidito Child
Care Center
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$30,000 $26,000 Catholic Charities Northern—Shelter and
Supportive Services or the Homeless
$15,000 $0 Women's Resource Center-Dental Care
Assistance and Health Care Assistance
$10,520 $10,520 Disabled Resource Services -Access to
Independence Program
All public services funding allocations are a Grant.
Total amount of funding requested=$2,805,228
A summary of the Commission's CDBG funding recommendations by category is as follows:
Recommended Funding % of Total Category
$ 193,046 14.4% Planning and Administration (Maximum $230,817
based on 20%of CDBG Entitlement Grant
955,346 71.3% Affordable Housing
19,000 1.4% Public Facilities
173,113 12.9% Public Services (Maximum $173,113 based on 15%
o CDBG Entitlement Grant
$1 340 505 100.0% 1 Total
CARRYOVER FUNDING or the Fall Cycle of the Competitive Process
Amount Source
$121,436 Unprogrammed FY 2005 CDBG Entitlement Grant
11,831 Unprogrammed FY2004 CDBG Entitlement Grant
46,265 Reprogrammed FY2003 HOME Grant
159,663 Unprogrammed FY 2004 HOME Grant
23,330 Unprogrammed FY 2004-05 HOME CHDO Set Aside
$362 525 1 Total
Unprogrammed fording is the amount ofgrantfunds available from a fiscal year federal grant that
has yet to be allocated to a specific project. Reprogrammedfunding is the amount ofgrant funds
that were previously allocated to a project(s) but have been returned to the City due to failure to
complete the project(s).
Presented below is a series of tables summarizing the CDBG Commission's recommendations by
funding source.
Unprogrammed FY 04 CDBG Entitlement Grant
$12,000 1 City o Fort Collins Facilities - Crossroads Sa ehouse Rehabilitation
7,000 Northern Colorado AIDS Project - Facility Purchase
$19,000 61.6%Allocated
11,831 38.4% Unprogrammed
$38 831 Total
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FY 05 CDBG Entitlement Grant
$193,046 City of Fort Collins - CDBG Administration
200,000 City o Fort Collins Advance Planning-Home Buyer Assistance
300,000 FCHC— Village on Plum Preservation Phase II
166,491 Neighbor to Neighbor-Rehabilitation o A ordable Housing
$859,537 87.6% Allocated
121,436 12.4% Unprogrammed
$980 973 1 Total
FY 05 CDBG Entitlement Grant—Public Services ($173,117 maximum)
$ 17,500 1 Springfield Court Early Learning Center—Sliding Fee Scholarship Program
6,669 Elderhaus—Eagle's Club
8,500 Education and Lie Training Center-Employment Skills Training
10,000 Respite Care - Sliding Fee Scholarship Program
19,685 B.A.S.E. Cam - Sliding Fee Scholarship Program
12,250 Sunshine School- Sliding Fee Tuition Scholarship
3,599 Rehabilitation/Visiting Nurses Association—Home Health Care Scholarship
Fund
25,000 Neighbor to Neighbor— Comprehensive Housing Counseling
4,640 Northern Colorado AIDS Project- Case Management/Homeless Prevention
23,500 United Day Care - Sliding Scale Tuition Scholarship
7,750 The Family Center/La Familia El Nidito Child Care Center
26,000 Catholic Charities Northern —Shelter/Supportive Services or the Homeless
10,520 Disabled Resource Services -Access to Independence Program
173$ 113 1 100.0%Allocated
Reprogrammed FY 03 HOME Grant
$152,735 1 FCHC- Village on Bryan Avenue Senior Apartments
51,000 Habitat or Humanity- Vacant Property Acquisition
$203,735 81.5%Allocated
46,265 18.5% Unprogrammed
$250 000 Total
Unprogrammed FY 04 HOME Grant
$ 0 1 0.0%Allocated
$159,663 1 100.0% Unprogrammed
$159 663 1 Total
HOME FY 04-05 Co munity Housing Development Organization Set Aside
$ 85,120 Neighbor to Neighbor-Rehabilitation o A ordable Housing
$ 85,120 78.5%Allocated
$ 23,330 21.5% Unprogrammed
$108 450 Total
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BACKGROUND
The Community Development Block Grant(CDBG)Program and HOME Investment Partnership
Program provide Federal funds from the Department of Housing and Urban Development (HUD)
to the City of Fort Collins which can be allocated to housing and community development related
programs and projects, thereby, reducing the demand on the City's General Fund Budget to address
such needs. The City Council is being asked to consider the adoption of two resolutions related to
funding under the CDBG and HOME Programs. The first resolution (Resolution 2005-055)
establishes which programs and projects will receive funding with CDBG funds for the FY 2005
Program year, which starts on October 1, 2005, and also how some unprogrammed and
reprogrammed funds from both the CDBG and HOMEPrograms will be utilized during the coming
year. The CDBG Commission presents a list of recommendations as to which programs and
projects should receivefunding. The second resolution(Resolution 2005-056)establishes the major
funding categories within the HOME Program for the FY2005 Program year. Specif c projects for
the use of HOME funds will be determined in November as a result of the fall funding cycle of the
competitive process for the allocation of the City's financial resources to affordable housing
programs/projects and community development activities.
The resolution establishing which programs and projects will receive CDBG funds represents the
culmination of the spring cycle of the competitive process approved in January 2000 by the Council
for the allocation of the City's financial resources to affordable housing programs/projects and
community development activities. Additional background material about the competitive process
is included in Attachment 1.
Since early January of this year, the CDBG Commission and members of the City staffs Affordable
Housing Team have conducted public hearings to assess community development and housing needs
in Fort Collins, conducted technical assistance training workshops for applicants, and solicited
applications for CDBG funding. The City's Affordable Housing Board reviewed the written
applications for affordable housing projects and forwarded a priority ranking of proposals, as well
as comments and questions, to the CDBG Commission. See Attachment 2 for a copy of the Board's
materials sent to the CDBG Commission. The CDBG Commission, in addition to reviewing the
written applications, personally interviewed each applicant, analyzed the applications, and
formulated a list of recommendations to the City Council as to which programs and projects should
receive funding.
The competitive process established refined criteria to determine priorities between proposals
received by the City. The ranking criteria are divided into five major categories. Each category is
given a total number of points that has been weighed according to its importance with respect to
local and federal priorities. The five major categories are:
L Impact/Benefit
2. Need/Priority
3. Feasibility
4. Leveraging Resources
5. Capacity and History
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The Impact/Benefit criteria provide greater rewards to proposals that target lower income groups.
The Need/Priority criteria help assure the proposal meets adopted City goals and priorities. The
Feasibility criteria reward projects for timelines and documented additional funding. The
Leveraging Resources criteria reward proposals which will return funds to the City(loans)and for
their ability to leverage other resources. And, the Capacity and History criteria help gage an
applicant's ability to do the project and reward applicants that have completed successful projects
in the past(have good track records). The ranking sheet used to assist the CDBG Commission and
the Affordable Housing Board is presented in Attachment 1.
The Commission also considered the funding guidelines contained in the updated Priority
Affordable Housing Needs and Strategies report adopted by the Council on July 20, 2004.
These guidelines include:
• CDBG funds should generally be allocated as follows: 65%for Housing
projects; 15%for Public Services; and the balance for Administration and
Public facilities;
• funds allocated to housing should generally be divided as follows: 70%for
rental projects and 30%for homeownership opportunities; and
• the average subsidy should be$7,400 per unit, with relatively more funding
to projects producing housing for lower income families.
The CDBG Program is an ongoing grant administration program funded by the Department of
Housing and Urban Development(HUD). The City of Fort Collins has received CDBG Program
funds since 1975. In 1975 and FY 1976-1977 the City received HUD CDBG discretionary grants.
Since FY1977-1978, the City has been an Entitlement Grant recipient ofCDBGfunds, meaning the
City is guaranteed a certain level offunding each year. The level offending is dependent on the
total amount offunds 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 Attachment 3.
AVAILABLE FUNDS
The amount ofthe City's CDBG Entitlement Grantfor FY2005-2006 is$1,154,08 7. The Entitlement
Grant will be combined with $30,831 of Unprogrammed FY2004 CDBG funds and$518,113 of
HOME Program funds to create a total of$1,703,030 offunds available for programs and projects
during the next CDBG Program year.
The following summarizes the amount and sources of available funds:
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AMOUNT SOURCE
$1,154,086 FY 2005 CDBG Entitlement Grant
30,831 CDBG FY 2004 Unprogrammed Funds
250,000 HOME FY 2003 Reprogrammed Funds
159,663 HOME FY 2004 Reprogrammed Funds
108,450 HOME FY 2004-2005 CHDO Funds
$1 730 030 1 Total
Unprogrammedfunding is the amount ofgrantfunds available from a fiscal yearfederalgrant that
has yet to be allocated to a specific project. Reprogrammed funding is the amount ofgrant funds
that were previously allocated to a project(s) but have been returned to the City due to failure to
complete the project(s).
Below is a summary ofrecent CDBGfunding levels allocatedfrom HUD to the City ofFort Collins:
Entitlement Reprogrammed Program Total
Year Grant Funds Income Funds
1995 $1,231,000 $ 0 $ 40,000 $1,271,000
1996 $1,202,000 $ 0 $ 40,000 $1,242,000
1997 $1,188,000 $181,273 $ 50,000 $1,419,273
1998 $1,162,000 $216,875 $ 50,000 $1,428,875
1999 $1,169,000 $ 0 $ 50,000 $1,219,000
2000 $1,175,000 $ 34,358 $ 93,544 $1,302,902
2001 $1,227,000 $403,151 $ 89,651 $1,719,802
2002 $1,209,000 $767,262 $ 87,712 $2,063,974
2003 $1,243,000 $ 0 $182,686 $1,425,686
2004 $1 219 000 $220 400 $ 0 $1 439 400
SELECTIONPROCESS
The selection process for the City's FY2005-2006 CDBG Program began on January 6, 2005, when
the CDBG Commission held a public hearing to obtain citizen input on community development and
affordable housing needs. The CDBG Program office placed legal advertisements in local and
regional newspapers starting in January to solicit requests for CDBG funded programs and projects
forFY2005-2006. The application deadline was Thursday February 24. At the close ofthe deadline
the City received 36 applications requesting a total of approximately $2.8 million.
Copies ofall applications wereforwarded through the City Manager's office to the City Council on
March 3 and placed in the Council Office for review. Also on March 3, copies of the housing
applications were distributed to the Affordable Housing Board and copies of all applications were
distributed to the CDBG Commission.
On Thursday, March 24 the Affordable Housing Board conducted a special meeting to review the
housing proposals and prepare a priority listing of applications to the CDBG Commission. On
Tuesday March 29, Wednesday March 30, and Thursday March 31, the Commission met to hear
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presentations and ask clarification questions from each applicant. The Commission then met on
Thursday April 7 for the purpose ofpreparing a recommendation to the City Council as to which
programs and projects should be f ended for the FY 2005-2006 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 2004-2005 CDBG funds or funding in other previous years. The Commission then
worked on the formulation of their list of recommendations.
CDBG COMMISSION'S LIST OF RECOMMENDATIONS
HUD CDBG regulations limit the amount of available CDBG 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 Program Income. This means the 20%limitation for
Planning and Administrative purposes is$230,817. CDBG f mds for Public Services are limited to
15% of the total of the Entitlement Grant and Program Income, making the amount $173,113.
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 and follow the funding guidelines contained in the Priority Affordable
Housing Needs and Strategies report.
Listed below is a summary of each applicant's initial requestfor funding and the Commission's list
of recommendations.
PLANNING AND ADMINISTRATION
AD-2 G&of Fort Collins- CDBG Administration
Amount of Request: $193,046
Recommendation: $193,046
Proposal covers the administrative costs of the FY 2005-2006 CDBG Program Administration
including salary, benefits and operating expenses for 2.4 staff positions.
PA-1 North Fort Collins Business Association — Urban Renewal Action Plan
Amount of Request: $20,000
Recommendation: $0
This proposal will cover costs to help implement the North College Urban Renewal Plan beyond
the City's efforts to conduct a market study for the area and update the North College Corridor
Plan.
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AFFORDABLE HOUSING PROJECTS
HO-I City of Fort Collins Advance Planning-Home Buyer Assistance
Amount of Request: $200,000 Due-on-sale loan with 5%fee
Recommendation: $200,000 Due-on-sale loan with 5%fee
This program is administered by the Advance Planning Department and provides zero percent
interest loans to eligible first-time homebuyers. The assistance covers down payment and closing
costs to a maximum of$9,576 for households at 51% to 80% of Area Median Income (AMI) and
$19,152 for buyers at or below 50%ofAM1 who are receiving section 8 assistance or Habitat loans.
Approximately 40 households will be assisted in the next year with this portion of the funding.
Matching HOME funds will be requested in the fall cycle.
HO-2 Fort Collins Housing Corporation - Village on Plum (aka Sleepy Willow)
Preservation Phase H
Amount of Request: $300,000 Due-on-sale loan with 5%fee
Recommendation: $300,000 Due-on-sale loan with 5%fee
The Village on Plum is located at Taft Hill Road and West Plum Street. The Fort Collins Housing
Corporation is requesting funding for various upgrades to improve marketability and retention,
based upon the recommendations of the private consultant that conducted a study last fall.
Improvements include: replacement of aluminum windows and window coverings, electrical
replacements/fixtures, boilers, air conditioners, site-work and parking.
HO-3 Fort Collins Housing Corporation - Village on Bryan Avenue Senior Apartments,
Rehabilitation
Amount of Request: $152,735 Due-on-sale loan with 5%fee
Recommendation: $152,735 Due-on-sale loan with 5%fee
The Village on Bryan Avenue, Senior Apartments are located on the corner of Bryan Avenue and
Mountain Avenue. The Fort Collins Housing Corporation is requestingfundingfor immediate needs
of the property including: air conditioning, accessible tub surrounds, security, wheel chair
accessible automatic door, and concrete repair.
HO-4 Habitat for Humanity- Vacant Property Acquisition
Amount of Request: $240,000 Due-on-sale loan with 5%fee
Recommendation: $51,000 Due-on-sale loan with 5%fee
Habitat for Humanity is requesting money to purchase four lots at $60,000 per lot.
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HO-5 Neighbor to Neighbor-Rehabilitation ofA fordable Housing
Amount of Request: $251,611 Due-on-sale loan with 5%fee
Recommendation: $251,611 Due-on-sale loan with 5%fee
Neighbor to Neighbor (N2N) is requesting funds to improve and preserve existing affordable
housing. N2N recently completed a Capital Needs Assessment of their properties, and this
application addresses their priority needs for nine of their properties.
HO-6 CARE Housing-Affordable Housing Land Collaborative
Amount of Request: $500,000 Due-on-sale loan with 5%fee
Recommendation: $0
CARE Housing proposes to acquire 35 acres of land at Rigden Farm, to be used in a collaborative
development with the Fort Collins Housing Authority, and Fort Collins HabitatforHumanity. The
collaborative partnership would result in the development ofat least 109 multi family rental units
and 56single-family homes.
HO-7 Collins Colorado Housing. LLC- "Access Sumac"Acquisition and Rehabilitation
Amount of Request: $90,000 Due-on-sale loan with 5%fee
Recommendation: $0
Collins Colorado Housing is requestingfunding to acquire,preserve as affordable,and rehabilitate
for accessibility, an existing 4 plex located at 3303 Sumac Street. $50,000 of the request is for
acquisition and$40,000 for rehabilitation of two units. These units will provide housing for those
who are disabled and want to remain in their homes. Residents would also be connected with local
resources through direct referral.
PUBLIC FA CILITY APPLICA TIONS
PF-I QE of Fort Collins Engineering-Daisy Street Improvements
Amount of Request: $47,376 Grant
Recommendation: $0
Engineering is requestingfunding to upgrade the existing roadwayfrom a sidewalk-less,gravel and
dirt roadway to a paved roadway, including: an asphalt surfaced road, concrete sidewalks, and a
curb and gutter drainage system.
PF-1 QE of Fort Collins Engineering-Scott Avenue Improvements
Amount of Request: $97,572Grant
Recommendation: $0
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Engineering is requestingfunding to upgrade the existing roadway from a sidewalk-less,gravel and
dirt roadway to a paved roadway, including: an asphalt surfaced road, concrete sidewalks, and a
curb and gutter drainage system.
PF-3 City of Fort Collins Engineering-North Mason Road Improvements
Amount of Request: $211,500 Grant
Recommendation: $0
Engineering is requestingfunding to upgrade the existing roadway from a sidewalk-less,gravel and
dirt roadway to a paved roadway, including: an asphalt surfaced road, concrete sidewalks, and a
curb and gutter drainage system.
PF-4 City of Fort Collins Engineering-Alpine Street Improvements
Amount of Request: $84,600 Grant
Recommendation: $0
Engineering is requestingfunding to upgrade the existing roadway from a sidewalk-less,gravel and
dirt roadway to a paved roadway, including: an asphalt surfaced road, concrete sidewalks, and a
curb and gutter drainage system.
PF-5 CV of Fort Collins Engineering-Pinon Street Improvements
Amount of Request: $97,010 Grant
Recommendation: $0
Engineering is requestingfunding to upgrade the existing roadway from a sidewalk-less,gravel and
dirt roadway to a paved roadway, including: an asphalt surfaced road, concrete sidewalks, and a
curb and gutter drainage system.
PF-6 City of Fort Collins Facilities- Crossroads Safehouse Rehabilitation
Amount of Request: $12,000 Due-on-sale loan with 5%fee
Recommendation: $12,000 Due-on-sale loan with 5%fee
The City offort Collins, Facilities developed the Crossroads Safehouse Master Plan in September
of 2004. This application requests funding to address priorities of the plan including: a new
furnace, new sidewalk, and insulation improvements to increase energy efficiency and improve the
comfort of the residents.
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PF-7 Northern Colorado AIDS Proiect-Facility Purchase
Amount of Request: $7,000Due-on-sale loan with 5%fee
Recommendation: $7,OOODue-on-sale loan with 5%fee
Northern Colorado AIDS Project is seeking funding to complete the acquisition of their facility at
400 Remington Street.
PUBLIC SERVICE APPLICATIONS
PS-I Proiect Self-Sufficiency
Amount Requested: $20,OOOGrant
Recommendation: $0
The mission of Project Self-Sufficiency is to assist single parents in their efforts to build and
maintain strong, healthy families, achieve economic independence, and become free from
community and government assistance. CDBG funds of$20,000 will be used to pay salaries of
advisors who work with Fort Collins participants.
PS-2 Springrfleld Court Early Learning Center—Sliding Fee Scholarship Program
Amount Requested: $17,500Grant
Recommendation: $15,000 Grant
Offering full-day childcare services,Springfield Court Early Learning Center scholarship program
provides sliding scale day care to benefit low-income families. CDBG funding of$17,500 will
provide sliding scale day care for 32 children, at a requested subsidy of$547 per child.
PS-3 Court Appointed Special Advocates
Amount Requested: $12,464 Grant
Recommendation: $0
CASA recruits and trains community volunteers to work as Court Appointed Special Advocates to
represent children who are in the court system due to abuse and/or neglect. CDBG funding of
$12,464 will provide partial salaries for the Case Supervisors and the Volunteer Coordinator.
PS-4 Ensight Skills Center—Home Safety
Amount Requested: $5,200 Grant
Recommendation: $0
Ensight provides visual rehabilitation to people with diseases of the eye. CDBG funding of$5,200
will provide the partial salary for one of two part-time Occupational Therapists to do home visits.
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PS-5 Elderhaus—Eagle's Club
Amount Requested: $6,669 Grant
Recommendation: $6,669 Grant
Eagle's Club is a men's group designed to meet the biopsychosocial needs of the members and to
encourage participation so that their caregivers can receive some needed time away. CDBG funds
of$6,669 would be used to pay the partial salary of the Program Director.
PS-6 Wingshadow- Outreach Program
Amount Requested: $20,OOOGrant
Recommendation: $0
The Outreach Program includes six services: Street Intervention, Wolf Paws, G.E.D. classes,
Community Service Projects and the Challenge Course. CDBG funds of$20,000 would be used to
pay the entire salary of an outreach assistant.
PS-7 Education and Life Training Center-Employment Skills Training
Amount Requested: $10,000 Grant
Recommendation: $8,500 Grant
ELTC equips clients, many of whom are often low-and moderate-income,for immediate entry into
the job market through a variety of skills training. CDBG funds of$10,000 would be used to
provide salaries and benefits of teachers who provide computer courses, medical office courses and
literacy courses.
PS-8 Respite Care-Sliding Fee Scholarship Program
Amount Requested: $10,000 Grant
Recommendation: $10,000 Grant
Respite Care offers day and overnight care as a service for families with developmentally disabled
children up to age 21. CDBG funds of$10,000 could be used to provide sliding fee scholarships
to low-income families. The subsidy requested is $500 per child for specialized care.
PS-9 Meals on Wheels—Meal Subsidy Project
Amount Requested: $9,490 Grant
Recommendation: $0
Meals on Wheels provides meals and social interaction to homebound clients in Fort Collins five
days a week. CDBG funds of$9,490 would be used to completely subsidize a year's worth of meals
to 10 extremely-low and low-income persons.
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PS-10 B.A.S.E. Camp-Sliding Fee Scholarship Program
Amount Requested: $19,685Grant
Recommendation: $19,685 Grant
BASE Camp provides before and after school day care for 1800 elementary-aged children at 25
school sites. CDBG funds of$19,685 would be used to support sliding fee scholarships for low-
income families. The requested subsidy is $197 per child,for children receiving part-time care.
PS-11 Sunshine School-Sliding Fee Tuition Scholarship
Amount Requested: $14,000 Grant
Recommendation: $12,250 Grant
Sliding Fee Tuition Scholarship provides qualityfull-day childcare services to low-income families
of children 2-112 to 6 years of age. CDBG funds of$14,000 would be used to support sliding fee
scholarships for 16low-income children. The requested subsidy is $875 per child.
PS-12 Rehabilitation and Visiting Nurses Association—Home Health Care Scholarship Fund
Amount Requested: $15,000 Grant
Recommendation: $3,599 Grant
RVNA provides home care services, skilled and unskilled, as well as acute and long-term care.
CDBG funds of$15,000 would provide services to 25 frail, elderly and/or disabled who have
minimal or no access to healthcare needs. The requested subsidy per person served is $600.
PS-13 FirstCall-2-1-1 Enhanced Information and Referral
Amount Requested: $4,000 Grant
Recommendation: $0
2-1-1 provides information about services that are available and makes appropriate referrals to the
programs which will best serve the caller's needs. CDBG funds of$4,000 will be used to support
the staff salary of one referral specialist.
PS-14 Neighbor to Neighbor— Comprehensive Housing Counseling
Amount Requested: $30,000 Grant
Recommendation: $25,000 Grant
Housing Counseling consists of Emergency Rent Assistance Counseling, Pre-rental Counseling,
Landlord/Tenant Counseling, Pre purchase Counseling/Homebuyer Training, Mortgage Default
Counseling and Reverse Mortgage Counseling. CDBG funds of$30,000 would be used to support
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the staff salaries of direct-service employees. The requested subsidy is $9 per person served,for
the variety of services provided.
PS-15 Northern Colorado AIDS Project- Case Management and Homeless Prevention
Amount Requested: $14,000 Grant
Recommendation: $4,640 Grant
The Case Management and Homeless Prevention Program helpfamilies and individuals coping with
HIV/AIDS retain their stability and health as their ability to be financially independent diminishes.
CDBG funds of$14,000 will provide partial funding for two case managers, and a special fund to
provide short-term housing assistance,prescription assistance and utility assistance to keep clients
housed and in stable living situations.
PS-16 United Day Care-Sliding Scale Tuition Scholarship
Amount Requested: $25,500 Grant
Recommendation: $23,500 Grant
United Day Care provides full-day early child care and education programs. CDBG funds of
$25,500 would be used to subsidize the difference between the parent fee and the actual cost of care
for 47 low-income children. The requested subsidy per child is $543.
PS-17 The Family Center/La Familia El Nidito Child Care Center
Amount Requested: $11,750 Grant
Recommendation: $7,750 Grant
The Family Center provides bilingual early childhood development care as well as other
educational programs to provide a full-range ofservices for the child and his family. CDBG funds
of$11,750 would be used to support the staff salaries of three teachers to help retain a stable
staffing environment. The requested subsidy translates to $181 per person served.
PS-18 Catholic Charities Northern —Shelter and Supportive Services for the Homeless
Amount Requested: $30,000Grant
Recommendation: $26,000 Grant
The Mission provides overnight shelter to homeless individuals and families. CDBG funds of
$30,000 would be used to support salaries to staff The Mission. The requested subsidy translates
to $33 per person served.
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PS-19 Women's Resource Center-Dental Care Assistance and Health Care Assistance
Amount Requested: $15,000Grant
Recommendation: $0
Dental Care and Health Care assist low-income women with their dental health needs and
information on HIV/AIDS prevention. CDBG funds of$15,000 would provide support for staff
salaries.
PS-20 Disabled Resource Services-Access to Independence Program
Amount Requested: $10,520Grant
Recommendation: $10,520 Grant
The DRS Independent Living Center provides short and long-term help to low-income disabled.
CDBGfunds of$10,520 would be used to support staffsalaries.
Total amount of funding requested= $2,805,228
A summary ofthe Commission's CDBGfunding recommendations by category for the total amount
of funds available is as follows:
Recommended Funding % of Total Category
$ 193,046 14.4% Planning and Administration (Maximum $230,817
based on 20%of CDBG Entitlement Grant
955,346 71.3% Affordable Housin
19,000 1.4% Public Facilities
173,113 12.9% Public Services (Maximum $173,113 based on 15%
of CDBG Entitlement Grant
$I 340 505 1 100.0% 1 Total
CARRYOVER FUNDING or the Fall Cycle of the Competitive Process
Amount Source
$121,436 Unprogrammed FY2005 CDBG Entitlement Grant
11,831 Unprogrammed FY 2004 CDBG Entitlement Grant
46,265 Reprogrammed FY2003 HOME Grant
159,663 Unprogrammed FY 2004 HOME Grant
23,330 Unprogrammed FY 2004-05 HOME CHDO Set Aside
$362 525 1 Total
The total amount of CDBG funding requests considered by the CDBG Commission was
approximately$2.8 million, however, only $1.7 million of CDBG and HOME funds are available.
With the amount of total requests far exceeding available funding, obviously not all applications
could be funded. Due to HUD funding limitations, some Public Service applications received no
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funding or less funding than requested in order to keep the generic category within program
maximums.
The CDBG Commission has recommended full fording for eleven (11) proposals. In the
Commission's opinion, these applications recommended for full funding best fit CDBG Program
national objectives, the selection criteria, and the finding guidelines.
The CDBG Commission has recommended partial fundingfor ten(10)proposals. Proposals, which
did not receive full funding, were deemed of a lower priority and, in some cases, a lack of funds,
program category limitations (especially in the Public Services category), or funding guidelines
prohibited their fill funding.
The Commission has recommended no funding for fifteen (15)proposals.
The Commission's reasons for either full funding, partial funding, or no funding are presented in
Attachment 4.
A comparison of the Commission's funding recommendations according to the priority ranking
of affordable housing proposals developed by the Affordable Housing Board is presented below.
The table lists the Board's ranking of affordable housing proposals and presents each
proposal's request for funding and the funding recommendation by the Commission.
Priority Applicant Funding Funding
Ranking Project Request Recommendation
1 City of Fort Collins $200,000 $200,000
Home Buyer Assistance Program
2 Ft. Collins Housing Corporation Bryan $152,735 $152,735
Avenue Senior Apartments,
Rehabilitation
3 Ft. Collins Housing Corporation $300,000 $300,000
Village on Plum Preservation Phase II
4 CARE Housing $500,000 $0
Affordable Housing Land
Collaborative
5 Neighbor-to-Neighbor $251,611 $251,611
Rehabilitation ofAffordable Housing
6 Collins Colorado Housing $90,000 $0
"Access Sumac"Acquisition and
Rehabilitation
7 Habitatfor Humanity $240,000 $51,000
Vacant Property Acquisition
Again, the Commission's reasonsfor eitherfullfunding,partial funding, or no funding are presented
in Attachment 4. "
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City Manager Atteberry introduced the agenda item and stated staff and CDBG Chair Bob Browning
were available to answer questions.
Ken Waido,Chief Planner,presented background information regarding the agenda item. He noted
that the Council had conducted a study session on this matter. He stated the funds being allocated
came from two sources — the Community Development Block Grant program and the HOME
program. He stated the City received 36 proposals requesting over$2.8 million and that there was
just over$1.7 million available to allocate. He stated some proposals could not be funded and that
some proposals could not be fully funded. He stated the CDBG Commission was making
recommendations for funding after extensive review of the proposals, interviews and deliberations
regarding the merits of the proposals. He stated the Commission was recommending the allocation
of$1.3 million,with over 71%going toward affordable housing proposals. He stated$173,113 was
recommended for allocation in the public services area and that some funding was recommended
for public facilities and program administration. He stated 80% of the funding was recommended
for allocation to programs and projects. He stated the Commission was also recommending that
$362,000 be carried over to the fall cycle to be combined with other monies that would become
available for new proposals.
Mayor Hutchinson stated audience participants would each have three minutes to speak.
Sandra Collogi, Director of Community Outreach for Crossroads Safehouse, stated the $12,000
recommended for Crossroads Safehouse facility master plan upgrades was critical funding.
Mark Brophy, 1109 West Harmony Road,asked how much would be paid by the federal government
and how much would be paid by the City.
Nancy Jackson,Disabled Resource Services Director,thanked the City for the full funding received
by the agency.
Erin Fugler, Fort Collins Program Manager for Neighbor-to-Neighbor, thanked the City for the
funding received by the program.
Linda Preston, Base Camp Executive Director, expressed appreciation for CDBG funding for the
program.
Julia Crommer, Neighbor-to-Neighbor Asset Manager, thanked the City for the CDBG funding
received by the program.
Ann Porter, United Day Care Center Executive Director, thanked the Council for CDBG funding
support for the program.
Councilmember Roy asked staff to answer Mr. Brophy's question. Waido stated all of the funds
being allocated were federal funds from the Department of Housing and Urban Development
through the CDBG and HOME Investment programs.
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Councilmember Weitkunat made a motion, seconded by Councilmember Manvel, to adopt
Resolution 2005-055, Resolution 2005-056, Ordinance No. 059, 2005 on First Reading and
Ordinance No. 060, 2005 on First Reading.
Councilmember Weitkunat expressed appreciation for the work of the CDBG Commission. She
stated she had concerns about administrative dollars and the North College project. She asked staff
and the Commission to consider the work session discussion during the fall cycle.
Councilmember Roy stated the Council had received quality background information on this agenda
item and that there had been a work session discussion. He stated this program served"core needs"
of the community.
Councilmember Manvel stated this was "vital funding" and that there were many worthwhile
projects that could not be funded. He stated the CDBG Commission had a difficult job in
developing a recommendation.
The vote on the motion was as follows: Yeas: Councilmembers Hutchinson, Kastein, Manvel,
Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED.
Resolution 2005-057,
Approving Certain Key Outcomes for the
Budgeting for Outcomes Budget Preparation Process, Adopted
The following is staffs memorandum on this item.
"EXECUTIVE SUMMARY
After years of using a base plus incremental budget approach to the City's service and financial
planning, the existing economic realities present an opportunity to move to an innovative and more
responsive budget process—Budgeting for Outcomes.
As policy makers, City Council has a key role in the development and adoption of the City's service
and financial plan. In past years, the Council's policy agenda has been indirectly linked to
preparation of the biennial budget. Budgeting for Outcomes offers afresh approach to developing
the budget more directly linked to Council policies and based on results. City Council strongly
endorsed this approach and its role in the process.
One ofthe initial steps in Budgetingfor Outcomes is to identify key results or outcomes upon which
the budget is to beprepared. Taking into account data from the community feedbackfrom citizens
to Council members and survey data—the City Council, at its May 3 work session, identified seven
results or outcomes on which the 2006-2007 biennial budget will focus. These include:
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Improve Economic Health: Fort Collins produces quality jobs, is economically
diverse and builds on our core community strengths such as higher education,
downtown, natural environment, and arts and culture.
Improve Environmental Health: Fort Collins creates a clean and sustainable
environment.
Improve Neighborhood Quality:Fort Collins improves the safety, livability, choices
and affordability of neighborhoods.
Safer Community: People in Fort Collins are safer at home, work, and play.
Improve Cultural, Recreational, and Educational Opportunities: Fort Collins
provides quality cultural, recreational, open space/natural areas, and educational
opportunities to enrich lives.
Improve Transportation:Fort Collins improves the safety and ease oftraveling to,
from, and throughout the city.
A High Performing Government: Fort Collins is a model for an entrepreneurial,
high performing City government
These outcomes or results form the foundation of the development of the 2006-2007 biennial budget
and the City Manager's recommended budget that will be presented to City Council in September
2005. Additionally, the Council intends to use these key outcomes in the development of its 2005-
2007 Policy Agenda. "
City Manager Atteberry stated this was an important agenda item and would formalize direction
given at previous meetings by the City Council. He strongly recommended that the Council approve
the Resolution.
Diane Jones, Deputy City Manager, stated the Resolution would outline the foundation for
Budgeting for Outcomes. She stated this was an effort to identify the"key results"that mattered to
citizens of the community: (1) to improve the economic health of Fort Collins; (2) to improve
environmental health; (3)to improve neighborhood quality; (4)to ensure a safer community; (5)to
improve the cultural,recreational and educational opportunities; (6)to improve transportation; and
(7) to be a high performing government. She stated this would be the foundation for the budget
process and for some of the policy work that would be done by the Council over the next few years.
She stated dollars would be allocated among the seven result areas and that the City was reviewing
the factors (activities, services) that would produce those results. She stated based on the
framework, the staff would prepare "offers" or "packages" of services and programs that would
relate to producing those results. She stated there would be a process of ranking and selecting the
offers for development of the recommended budget to be submitted to the City Council in
September.
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Mark Brophy, 1109 West Harmony Road,stated the City should not be"entrepreneurial"and should
be the"referee"between competing entrepreneurs. He stated there needed to be enough government
spending to ensure a safer community but that too much spending would make people "afraid" of
the government.
Councilmember Kastein asked when the Council will set the policy agenda. City Manager Atteberry
stated had not yet been determined. He stated there would be a connection between the policy
agenda process and the Budgeting for Outcomes process. He stated staff could make
recommendations on the policy agenda process and that the Council would determine the process.
He stated the two processes could be overlapping or separate. He suggested that the Council
determine its preference and stated a detailed policy agenda discussion by Council would improve
the quality of the process.
Mayor Hutchinson stated the seven key results were the foundation and that adoption of the
Resolution would give the staff the basis for further work. He suggested that the Leadership Team
put together a proposed schedule for Council's discussion by e-mail.
Councilmember Kastein stated it was important to have a policy agenda process in place that the
Council could agree on. He stated he believed that the policy agenda needed to be in place early in
the Budgeting for Outcomes process.
Mayor Hutchinson stated the Leadership Team would put together a proposed schedule for
Council's discussion.
Councilmember Ohlson asked if the wording in the first six key outcomes was the exact language
arrived at during the work session. City Manager Atteberry replied in the affirmative.
Councilmember Ohlson asked about the seventh key outcome relating to "high performing
government"and suggested that the language be"high performing City government." He asked for
an explanation of how staff viewed"entrepreneurial high performing City government"and stated
he felt that it was important that everyone understand what that meant. City Manager Atteberry
stated the dictionary definition of"entrepreneurial"related to capitalistic ways and profit centers.
He stated was not the"spirit" in which this outcome had been discussed. He stated he viewed an
"entrepreneurial high performing City government"as one that was innovative and creative, made
up of initiators,proactive in bringing forth new policy recommendations,problem solving oriented,
and energetic. He stated the concept related to the energy level and spirit of the workforce.
Councilmember Manvel stated he hoped that"high performing"would also include "efficient and
economical." City Manager Atteberry stated those concepts were embedded in the overall concept
of"high performing." He stated this would become apparent in the requests for results, the three
indicators,the results maps and the causal factors. He stated"best practices"did not always mean
the most expensive and"glamorous." He stated"efficient"was implicit within the concept of"high
performing."
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Councilmember Manvel stated he believed that "entrepreneurial' spoke to doing things in new,
creative ways to save money i.e.finding ways for people to do business with the City on the Internet.
Councilmember Kastein made a motion, seconded by Councilmember Weitkunat, to adopt
Resolution 2005-057.
Councilmember Kastein stated the definition of"high performing government' must be refined
during development of the policy agenda. He stated this could mean adding dimensions such as
"efficient,cost effective and proactive"and specifying what those terms meant. He stated the policy
agenda should provide more direction for staff and should assign priorities.
Councilmember Roy asked staff to outline the time line of events in the budget process. City
Manager Atteberry stated he must deliver a recommended budget to the City Council by the first
Tuesday in September. He stated staff would be working with the Council in the interim. He stated
a work session was scheduled for June 9 for Council to review the work done by staff teams on the
Request for Results. He stated staff teams were working to prepare "offers" for evaluation by
various results teams that would be working on funding recommendations. He stated this would be
an open and collaborative staff process.
Councilmember Roy stated he wanted to make the citizens aware of the new Budgeting for
Outcomes process and to make sure that the citizens had opportunities to provide feedback. He
asked if there was a way to allow such feedback via the City website. City Manager Atteberry stated
this had not been done but would be easy to accomplish.
Mayor Hutchinson asked that the policy plan process and budget milestones be shown together on
the information to be sent to the Council.
The vote on the motion was as follows: Yeas: Councilmembers Hutchinson, Kastein, Manvel,
Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED.
Items Relating to the Purchase and
Lease of Property Located at 212 LaPorte Avenue,Adopted
The following is staff s memorandum on this item.
"FINANCIAL IMPACT
Ten months ofrental payment($30,000)will be paid to the City of Fort Collins at the time of closing
and will be used as part of our purchase price of the property. Rent collected after the tenth month
will result in unanticipated revenue to Operation Services. The tenant will pay all expenses for
maintenance, utilities,janitorial and taxes.
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EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 050, 2005, Appropriating Unanticipated Revenue in the
Capital Projects Fund-Building Community Choices-New Main Library/Acquisition and
Design Capital Project and Authorizing the Transfer Between Funds of Existing Revenue
to be used to Purchase Property Located at 212 LaPorte Avenue.
B. Resolution 2005-049 Authorizing the City Manager to Execute a Lease Agreement for 212
Laporte Avenue, Fort Collins, Colorado to Abraxis Art Glass &Doors, Inc.
The City ofForl Collins developed the Downtown Civic Center Master Plan in 1996. At that time,
the Plan called for Block 32 to have municipal government offices and a library. The Plan includes
a pedestrian corridor through the middle of the block. The City has purchased most of the Block,
but there are currently two properties still under individual ownership.
The City constructed its new office building on the east half ofBlock 32 and the Plan contemplates
the construction of the new Library on the westerly side of Block 32. This Library is part of the
Building Community Choices.
During the design phase of the office building at 215 North Mason, staff attempted to acquire the
property 212 West LaPorte Avenue. The owner did not want to sell. The decision was made to
design and construct the building without impacting the property at 212 West LaPorte Avenue. The
existing building impacted the continued flow of the pedestrian corridor and there have been
parking issues since the City's occupation of the office building.
The owner of 212 West LaPorte Avenue is moving his business and has approached the City to
purchase the property. This is a good opportunity to purchase this site for the City's future use on
the Block. With this property, the City will own the entire Block exceptfor the southwesterly corner.
Buying today with a willing seller will save the City money in the future and, until the Block is
developed, the City will rent the property to generate income.
The purchase price is $625,000. The seller will be leasing the premises after closing until his
building is built. At the time of closing, the purchase price will be credited by $30,000 for ten
month's rent of the property. The balance due after this credit is $595,000, of which $250,000 is
available in the capital Projects fund - Building Community Choices - New Main
Library/Acquisition and Design capital project. In addition,staffis recommending that Council use
existing appropriations in the Capital Projects Fund - Major Building Maintenance, totaling
$345,000,for the balance of the purchase price. Ordinance No. 050, 2005, which approves funding
for the acquisition of this property, was unanimously adopted on First Reading on May 3, 2005.
Until the time this property is needed for construction of the Library, the City will rent the property.
The first tenant will be the existing occupant of the building, Abraxis Art Glass &Doors, Inc. The
owner of this company is constructing a new building at another location and until the construction
is complete, the company will rent this space from the City at the rate of$3,000 per month. At the
time of closing, the tenant will pay to the City $30,000, representing 10 month's rental payment.
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The term of this Lease is for one year, with an option to renew for a second year. The lease also
allows the tenant to terminate the lease without penalty upon thirty (30) days notice to the City.
During the term of this lease, the tenant will be responsible for the following costs: building
maintenance, taxes,janitorial and all utilities. "
City Manager Atteberry stated staff could present a brief summary and respond to questions.
Mayor Hutchinson requested a brief staff presentation.
Helen Matson, Real Estate Manager, presented background information relating to the proposed
purchase of the building at 212 LaPorte Avenue for future library use for$625,000. She stated the
building would be rented back to the seller for 10 months and that $595,000 would be paid by the
City at closing.
Ken Marmon,Operations Services Director,stated the plan was to keep the purchase price down by
continuing to rent the property until it was needed by the City in the future.
Mark Brophy, 1109 West Harmony Road, stated the City had become a"land baron" and that the
City should not be in the real estate business. He stated there was land around the current building
for expansion. He stated moving the library to the new location would impact property values
around the current location. He stated library patrons at a downtown location would have to park
in a parking garage. He stated$595,000 would be spent to provide a library that would give"worse
service"than the existing library. He stated the budget should be cut and that this would be a good
place to do that.
Councilmember Weitkunat asked for clarification that the purchase of land would be done through
Building Community Choices money and that the voters approved the purchase of land for a library.
Matson replied in the affirmative.
Councilmember Weitkunat stated this piece of land was not available when the original land
purchase was completed.
Councilmember Ohlson asked for a one-page memo regarding the restrictions on the existing library
site regarding how the land could be used. City Manager Atteberry stated construction on current
main library site was limited.
Councilmember Manvel stated it was his understanding that there were two ballot issues on which
ballots were case — one to build a new library on that site and the second to leave that block as
mostly open space. He stated both issues passed and that the current building footprint was the
maximum that could be allowed. He stated that at this time the maximum square footage was
already taken up by the current library.
Councilmember Kastein asked how much of the $625,000 was Building Community Choices
money. Matson stated there was a balance of$345,000 in Building Community Choices money and
that the rest would be taken from facilities maintenance and would be repaid at a later time.
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Councilmember Ohlson asked if taking money from facilities maintenance would delay any building
repair. Marmon stated the money was coming specifically from Facility Capital Maintenance,which
could be used only for specific purposes.
Councilmember Ohlson made a motion, seconded by Councilmember Roy,to adopt Ordinance No.
050, 2005 on Second Reading and to adopt Resolution 2005-049. The vote on the motion was as
follows: Yeas: Councilmembers Hutchinson,Kastein,Manvel,Ohlson,Roy and Weitkunat. Nays:
None.
THE MOTION CARRIED.
Ordinance No. 057, 2005,
Authorizing the Acquisition by Eminent Domain Proceedings of Certain
Lands Necessary for the Construction of Public Improvements in
Connection with the Dry Creek Drainage
Improvements Project - East Vine Diversion Channel, Adopted on First Reading
The following is staff s memorandum on this item.
"FINANCIAL IMPACT
Property acquisition costs for the construction of the Dry Creek Drainage Improvements Project
will be covered by available project funds. Appropriations for the Project consist of$1,700,000 in
2003, $3,000,000 in 2004 and$3,400,000 in 2005.
EXECUTIVE SUMMARY
The design portion of the Dry Creek Drainage Improvements Project ("Project') began in 2003,
The construction of the Project began in April 2005 with completion scheduled for 2006 The total
project involves a combination ofsub projects in the upper, middle and lower basins ofDry Creek
with the goal of reducing the likelihood offooding in Fort Collins and Larimer County.
The approval of this ordinance does not automatically result in the filing of a petition in eminent
domain; it simply allows staff to use the process if good faith negotiations fail to result in an
agreement between the City and affected property owners. Staff is hopeful that all acquisitions will
be accomplished by agreement.
Staff intends to follow the standard City acquisition process:
1. Staff will conduct an internal value finding. If the preliminary valuation of the property
indicates that the value of the property to be acquired exceeds $5,000 staff will order an
appraisal from a certified appraiser.
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2. Staff will attempt to meet with each property owner onsite, and may include the appraiser
in this meeting.
3. Staff will mail and/or hand deliver letters of intent to the owners with written offers based
on the internally prepared value findings or appraisals.
4. Staff will negotiate in good faith to reach a mutually acceptable agreement.
5. Staff will inform the owners that they always have the right to consult with their own
appraiser and/or attorney at any time in the process.
BACKGROUND
Dry Creek, a tributary to the Poudre River, extends from the Wyoming border to where it joins the
Poudre River near the intersection of Mulberry Street and Timberline Road. The Dry Creek Basin
("Basin') is approximately 23 miles long and six miles wide, encompassing approximately 61
square miles. The upper and middle portions ofthe basin are primarily used as rangeland, irrigated
hay meadows and pastures. The majority of the lower basin is developed for commercial, industrial
and residential uses.
The 100-year floodplain and floodway were originally mapped as part of a Federal Emergency
Management Agency("FEMA')Flood Insurance Study in 1979 and revised in 1996 The original
master plan was completed in 1980.In 2002,Fort Collins Utilities mapped a revised floodplain and
floodway for portions of the Basin as part of a comprehensive update of the City's stormwater
master plan. The floodplain and floodway map reflect the higher rainfall standard adopted by City
Council in 1999. Dry Creek is a FEMA designated floodplain and is subject to the City's floodplain
regulations.
The total project includes modifications to Douglas Lake spillway, construction of two detention
ponds, installation of a SCADA system, construction of an irrigation water supply pipeline from
Reservoir#4 to Terry Lake, and construction of open channels to carry stormwater flows from the
Larimer& Weld Canal to near the confluence ofDry Creek and the Poudre River. Sub projects in
the lower basin are currently in the final design phase. In the lower basin one ofthese sub projects,
the East Vine Diversion Channel, requires the purchase of a permanent storm water and access
easement and a temporary construction easement from a private property owner.
Staff has initiated the negotiation and education process and is reviewing the proposed
improvements with the affected property owners. However, to ensure that the City will be able to
secure all of the property interests needed in time to begin construction of the sub project, it is
necessary to initiate the first step of the eminent domain process, including passage of this
ordinance authorizing acquisition by eminent domain. Staff has advised the affected property
owners that it is not unusual for the City to authorize the use of eminent domain at the same time
as negotiations are taking place and that it is the City's intention to continue good faith negotiations
for the property interests. "
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City Manager Atteberry introduced the agenda item.
Helen Matson, Real Estate Manager, stated staff was requesting permission to go forward with
eminent domain proceedings only if a mutually agreed satisfactory price could not be negotiated
between the City and the Weiss family. She stated the property was needed for the Dry Creek
Drainage Improvement Project- East Vine Diversion Channel.
Dean Saye,Utilities Project Manager, gave a brief overview of the Dry Creek project and how this
property would be affected by the East Vine Diversion Channel. He addressed the potential for
flooding in the North College trailer parks and businesses. He described the stormwater mitigation
components of the project involving detention and conveyance. He stated Douglas Reservoir and
two reservoirs to be built would be used for detention and that the Larimer-Weld Canal would
convey flood flows around the northeast part of Fort Collins to a site spill weir to the new East Vine
Diversion Channel. He stated the Weiss property was bounded on the north by the Larimer-Weld
Canal and on the south by Vine Drive. He stated this property would have some benefit due to the
removal of about 10 acres from the flood fringe. He stated the proposed alignment of the East Vine
Diversion Channel was chosen because it was the shortest route that could be taken without using
a diagonal route. He stated this route would also allow utilization of the Lindenmeier Lake Outlet
Channel as a flood control. He stated this alignment would also provide some buffering to the
Lindenwood Estates if development occurred in the area. He stated at some point outfall would be
needed for the Dry Creek basin to drain the North College area and that the outfall would likely
parallel the proposed Vine Street realignment. He stated the same crossings at the Vine Drive and
Burlington Northern-Santa Fe Railroad could be used. He stated the intent was to combine the
ability to bring the flood flows into one crossing location. He presented visual information showing
the relationship between the proposed channel and the Weiss property. He stated he had met with
the Weiss family to discuss the easement and the need for the project and that efforts had been made
to optimize the design to limit the easement to only 1.02 acres. He stated this required acquisition
of another .7 acre easement on the Lindenwood HOA property. He stated side slopes were
steepened to minimize the width and length of the easement. He stated staff had worked to minimize
impacts to the Weiss farm by scheduling work in November. He stated the property would be used
for a stormwater structure and that it could also be used in density calculations for future
development projects and as a buffer area.
Bev Weiss, property owner, stated her family was not notified of this meeting. She asked that this
agenda item be pulled and held. She stated the trail mentioned by Mr. Saye did not belong to
Lindenwood and that the Lindenwood residents were trespassing on the ditches. She stated the
property owner had been told by the City and County that Lindenwood and all property owners
would share in this project. She stated Mr. Saye had now indicated that the City did not want to
"disturb" Lindenwood and wanted to take about two acres of the Weiss property. She stated this
would shorten the field for farming and make it difficult to irrigate because water must come from
the north irrigation ditch. She invited the Council to see the site with an independent engineer. She
stated the property had been in the family for 75 years and that there had been no flooding during
that time. She stated the property had a high value and that placing the Vine Drive alignment
through the property and this stormwater project on the property would devalue the whole property.
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She stated she had been"lied to"by the City many times and that she found out about this meeting
only last Friday. She asked that this be tabled.
Mark Brophy, 1109 West Harmony Road, stated the property owners should be informed before
eminent domain proceedings were put on the Council agenda. He stated there were many other
options for moving stormwater around. He stated the City should find a way to do this without using
the "despotic power" of eminent domain. He suggested that the City appropriate $30,000 to give
to Mrs. Weiss to hire a lawyer to argue for her on the real value of the property. He stated money
for appraisers and lawyers should be paid by the City rather than Mrs. Weiss,
Councilmember Weitkunat asked for clarification about the recommended action, i.e. that this was
not the condemnation. Matson stated staff was asking permission to go to eminent domain if
necessary because Mrs.Weiss had indicated repeatedly that she was not willing to grant an casement
to the City. She stated staff was requesting up front approval so that eminent domain could proceed
if needed. She stated the City would continue to negotiate with the Weiss family and that eminent
domain would be the last option. She stated the City had ordered an appraisal and that Mrs. Weiss
would have an opportunity to have an appraisal of her choosing done. She stated the City would
reimburse the cost of the property owner's appraisal in accordance with City policy.
Councilmember Weitkunat asked for clarification regarding the shared project referenced by Mrs.
Weiss. Saye stated Larimer County was originally part of this project and was no longer
participating due to funding problems. He stated the City was now asking for a 1.02 acre easement
on the Weiss property and that the project had been relocated to the west to minimize the size of the
easement. He stated the City was negotiating with the Lindenwood HOA for a.7 acre easement and
a 13 acre casement on another neighboring property.
Councilmember Weitkunat noted that there were other properties involved. Saye stated there would
be three properties involved.
Councilmember Weitkunat asked for clarification of the map showing the Weiss property and
whether the property was approximately 110 feet by 65 feet. Saye stated the property was
approximately 65 feet wide and one location.
Councilmember Weitkunat noted that Mrs.Weiss seemed to indicate that half of the field would be
taken. Saye stated the entire tract was roughly 100 acres and that the City was asking for 1.02 acre
for the casement.
Councilmember Weitkunat asked if the diversion channel and drainage would be closed or open.
Saye stated it would be a grass-lined channel that would be maintained by the City.
Councilmember Weitkunat asked if that would be true for the length of the diversion channel. Saye
noted the diversion channel would be grass-lined roughly to the existing Lindenmeier Lake outlet
channel. He stated the portion across the Weiss property would be fenced.
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Councilmember Weitkunat asked if there would be water in the channel only during flooding
conditions. Saye stated there would be water only if there was groundwater and noted that there was
high groundwater in the Lindenwood area.
Councilmember Weitkunat asked about the impact of the project on the irrigation of the Weiss
property. Saye stated he did not believe that the irrigation would be affected because the channel
was at the highest part of the property and would not intercept any irrigation.
Councilmember Roy noted that Mrs. Weiss indicated that she found out about this meeting late on
Friday and asked staff to address that. Matson stated she called Mrs. Weiss on Friday to let her
know about the agenda item. She stated it was her understanding that Mrs. Weiss was aware that
this would eventually happen. She stated she assured Mrs. Weiss that this agenda item was simply
to ask for permission for eminent domain if needed, rather than actually proceeding to eminent
domain.
Councilmember Kastein asked about the process to analyze where stormwater improvements would
be placed, how property owners were brought into the discussion, and what public meetings were
held. Saye stated the Dry Creek problem had been an issue for the City and County for at least 15
years. He stated over that period of time the City and County had been working together to develop
a master plan on how to control flooding in Dry Creek. He stated in 2002 the two entities hired an
engineer to develop a master plan for improvements in the basin. He stated several open houses
were held. Bob Smith,Stormwater Planning Manager,stated a number of meetings and open houses
were held to look at concepts and that the proj ect was at a more detailed analysis stage at this point.
Councilmember Kastein asked why this authorization was needed at this point in the negotiations.
Matson stated past experience showed that there was a lag time after commencement of eminent
domain that could impact construction. She stated up front approval made it possible to proceed
with eminent domain if needed on a more timely basis. Saye stated he had met with the Weiss
family many times and that he had been told repeatedly that an easement would not be granted
unless the City wanted to buy the entire farm. He stated this project had 12 separate components
that would be built and that eight of those were being built around irrigation systems,ditches, lakes
and reservoirs. He stated there were difficult scheduling problems. He stated staff had made an
effort to develop an optimized design and "rational" easements. He stated a delay could take the
construction into irrigation season or planting season. He stated staff was trying to preserve the
ability to build this project.
Councilmember Kastein asked if the piece that was in question was the cross hatched section on the
map. Saye used visual information to show the property that was needed for the easement. City
Manager Atteberry stated the City had been aware from the beginning that this easement would
become the subject of an eminent domain proceeding. He stated preapproval of eminent domain was
a normal way for the City to do business because of the construction delay problem. He stated he
would talk with staff about how property owners could be notified of such actions. He stated he
believed that it was important to preserve the option to seek preapproval of eminent domain
proceedings.
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Mayor Hutchinson asked if this action was time sensitive and whether the Council must act on it at
this time. Matson stated Council action was needed to avoid construction delays.City Attorney Roy
stated there would be a Second Reading of the Ordinance on June 7 and that additional discussions
could occur prior to Second Reading. He stated it was important to have enough lead time to be able
to go to court in a timely fashion if necessary. He suggested adoption on First Reading with
direction for any additional work the Council felt was necessary prior to Second Reading.
Councilmember Roy asked about the culvert or diversion under East Vine in conjunction with
another project. Saye stated Dry Creek in a 100-year event could carry as much as 900 cubic feet
of stormwater per second at the Vine Drive intersection. He stated there would be 500 cubic feet
per second coming down the channel at the same time. He stated there was currently a 24 inch
culvert under Vine Drive and that as part of this project a series of box culverts would be built under
Vine Drive to carry 1,400 cubic feet per second. He stated the Street Master Plan showed the
realignment of Vine Drive and that a channel or pipe system would be built to take the stormwater
off of the North College business area under Vine and the railroad.
Councilmember Roy asked if the diversion would be for both projects, even though this canal
diversion was being built first. Saye replied in the affirmative. He stated the culvert would have
the ability to handle the flows from both projects. He stated without the project there would be
6,000 cubic feet per second of flow. He noted that the irrigation structures could not be used if water
was not taken out of the ditches.
Mayor Hutchinson stated it appeared that a problem with an irrigation ditch to the north was being
moved to Dry Creek i.e. all of the problems were being put into one place. He asked for clarification
that the ditches would be used for a stretch and then the water would be taken back out to be sent
back down Dry Creek. Saye replied in the affirmative.
Mayor Hutchinson stated part of the Weiss property and the other properties would be removed from
the flood fringe. Saye stated the floodplain came through the area and that the property owner
would realize a benefit from the project because the floodplain would be vastly reduced on the
property. He stated the flood fringe would be removed from a portion of the Weiss property.
Councilmember Weitkunat made a motion, seconded by Councilmember Kastein, to adopt
Ordinance No. 057, 2005 on First Reading.
Councilmember Roy stated the City was "ahead of itself' on this. He stated the Weiss family
deserved a registered letter from the City giving notification. He stated he would not support the
motion. He stated the future realignment of Vine would be done to some degree at the expense of
the Weiss family. He stated a project would be built to deal with one flow and that a valuable piece
of real estate would be removed from the floodplain. He stated he was not comfortable with the
process of eminent domain. He stated timely notice should be given.
Councilmember Ohlson stated he supported improvements to the notification process. He stated he
would not support the motion and that,except in an emergency situation,he would vote against any
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measure in the future when the Council was told that it had to"vote tonight'even though work had
gone forward for several years.
Councilmember Weitkunat stated she would support the motion. She stated this process had been
used for many years and that it was appropriate to use this process in this case. She stated a different
notification process may be needed. She stated this action would authorize staff to proceed if
necessary. She stated this was one of the most important projects done in the northern part of the
City. She stated a "creative engineering feat' would help take the northern area out of a serious
floodplain. She stated time was of the essence and that the Ordinance should be adopted.
Councilmember Manvel agreed that better notification was needed and this project was important
to development in the northern part of the City. He stated he would therefore support the motion.
Councilmember Kastein stated"this was process was not broken." He stated he was satisfied with
staffs response regarding the process to date, including discussion with this property owner. He
stated he would support the motion with the understanding that staff would contact the property
owner one more time prior to Second Reading to discuss the issue.
Mayor Hutchinson stated he would support the First Reading adoption of the Ordinance because it
was a precautionary first step.
The vote on the motion was as follows: Yeas: Councilmembers Hutchinson, Kastein, Manvel and
Weitkunat. Nays: Councilmembers Ohlson and Roy.
THE MOTION CARRIED.
Ordinance No. 058, 2005,
Authorizing an Easement for a Pedestrian Bridge for
Opera Gardens Lofts.Adopted on First Reading
The following is staff s memorandum on this item.
"FINANCIAL IMPACT
The compensation for the easement across the alley will be $10,000 and the compensation for the
attachment to the Civic Center Parking Structure, which will result in the loss of one parking space
and costs associated with reconfiguration ofparking spaces, is $16,000. The total revenue for the
Transportation/Parking Fund will be $26,000.
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EXECUTIVE SUMMARY
The development of Opera Garden Lofts was approved as a minor amendment to the Opera
Galleria, contingent upon the developer being able to provide off-street parking to the users of the
new mixed-use building and also contingent upon negotiating permission from the City fora bridge
between the Opera Galleria and the Civic Center Parking Structure ("CCPS'). The developer
cannot commence construction until this easement is granted. The developer has indicated that this
bridge is important to make the Opera Garden Lofts project more attractive to lenders and potential
purchasers of units.
The Opera Gardens Lofts project will add two floors to the Opera Galleria. The easement request
is to construct an above-grade pedestrian bridge from the 4th floor of the CCPS to one of the new
floors of the Opera Galleria. This pedestrian bridge will not replace the existing bridge, which is
a public bridge. The new bridge will be a private bridge to be used by users of the mixed-use
structure.
Staff has worked with the developer to negotiate the terms of the easement, which will be for a term
of up to 99 years. The City may not terminate this easement during the first 31 years, which is the
expected period for initial construction and mortgage financing. After that time, the City may
terminate the easement with 120 days notice to the easement holder. The easement is contingent
upon the developer entering into a development agreement with the City by October 31, 2005. The
design of the pedestrian bridge and schedule for construction is subject to City approval. The
Ordinance also makes the grant of this easement contingent upon execution of the easement for the
City's public pedestrian bridge, which had been negotiated several years ago but was never signed
by the Opera Galleria owner.
The Ordinance authorizes the easement under the terms and conditions as discussed above, and
generally in the form of Easement Agreement on file in the City Clerk's Office. "
City Manager Atteberry introduced the agenda item.
Gary Diede, Transportation Services, stated there had been a question regarding whether Opera
Galleria could take access to the Civic Center Parking Structure. He stated staff had been working
with the applicant to determine the conditions of that access. He stated consensus had been reached
between staff and the applicant regarding how to provide access through a pedestrian bridge to the
Parking Structure. He stated the proposed Ordinance would allow that and would require certain
payments by the applicant.
Councilmember Roy stated the Opera Galleria was one of the most recognizable structures in Old
Town and that the agenda material suggested that there was some support for adding two floors. He
stated he would like to see a rendering of what the structure would look like and would like to know
the level of support for changing the structure.
Mikal Torgerson, applicant,presented information regarding the proposed changes. He stated the
two floors that would be added would not be visible from College Avenue and that the design would
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May 17, 2005
be sensitive to the historic architecture. He stated the Landmark Preservation Commission was
"enthusiastic" about this design approach. He stated the only substantive comment by the
Commission was that the design look at gabled roofs. He stated there would be three penthouse
units with roof-top gardens. He stated the proposed bridge connecting the Parking Structure to the
project would be visible. He stated the new addition would be visible from the alley down LaPorte
Avenue and from the Parking Structure. He stated it would screen the existing mechanical units on
the Opera Galleria.
Councilmember Roy asked for a frontscape.
Mr. Torgerson showed visual information giving a "pedestrian-eye view" from the east side of
College Avenue. He noted that the project would not be visible from that perspective.
Councilmember Roy asked how this renovation would impact historic designation and grants. Mr.
Torgerson stated the portion of the building being added onto was the portion that was added onto
the historic building in 1989 and was adjacent to the historic structure. He stated it was his
understanding that this would not have an impact on the historic status of the project.
Councilmember Roy asked staff about the effect of the project on the historic structure. Karen
McWilliams, Historic Preservation Planner, stated the property was designated on the National
Register of Historic Places. She stated the project plans were reviewed by staff and the Landmark
Preservation Commission. She stated everyone was in agreement that it would meet the nationally
recognized Secretary of Interior Standards relating to alterations to historic structures.
Councilmember Roy asked if this determination had been made only at the local level. McWilliams
stated the National Register program was administered by the Colorado Historical Society. She
stated the City was a Certified Local Government and as such was able to make such determinations
on behalf of the Colorado Historical Society. She stated the design made the addition virtually
invisible from the streetscape and that the addition was being made to a previous addition. She
stated there was minimal impact to the historic structure and viewshed.
Councilmember Ohlson asked why a project of this size was considered as a Minor Amendment to
the Opera Galleria PUD. City Manager Roy stated he would need time to respond to the question.
Councilmember Ohlson asked the applicant about his understanding of that review. Mr. Torgerson
stated the project was approved almost two years ago contingent on the bridge easement and the
provision of proper parking. He stated his recollection was that this was in the approved Opera
Galleria PUD and that additions within the PUD were processed as Minor Amendments.
Councilmember Ohlson stated he would address that matter under comments. He asked for an
explanation of the language in the read-before memo that indicated that the project"would have no
significant effect on the historic status of the building." McWilliams stated any kind of construction
on the building would have an effect. She stated the terminology used with regard to National
Register and local landmark properties was whether it would be a"significant effect,"i.e. a change
that would be obvious,notable,etc. and whether the effect would be adverse or positive. She stated
in this case, because of the placement of the dwelling units on new construction in a manner that
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would not be visible from most corridors, the determination was that this would not have any
"significant effect."
Councilmember Ohlson asked for clarification that this addition would not be on the historic
structure. McWilliams stated it was on an addition that was already added at the rear of the historic
structure in the 1980's.
Councilmember Ohlson asked if the City was getting a fair value for the taxpayers. Helen Matson,
Real Estate Manager, stated the $10,000 for the easement was figured on square footage and at a
33%value because of the low impact on the alley below. She noted that some parking spaces were
being lost. Diede stated one parking space would be lost due to access to the pedestrian bridge and
that the value of that was determined by the cost of the parking structure divided by the number of
parking spaces with an adjustment because this was a handicapped parking space ($16,000).
Councilmember Ohlson asked to see the streetscape view again, noting that one person indicated
that the project would be"virtually invisible"and the applicant indicated that it would be"invisible"
from College Avenue. Mr. Torgerson stated the applicant found that it was invisible except for a
"small sliver of the roof."
City Attorney Roy stated in general the Land Use Code distinguished between Minor and Major
Amendments and established different processes. He stated the CPES was in the position to decide
whether it was a Minor Amendment (to go through an administrative process) or a Major
Amendment(to go through a Type 1 or Type 2 Review). He stated staff would provide information
to the Council before Second Reading on why this was considered to be a Minor Amendment.
Mayor Hutchinson noted that this agenda item was authorization for an easement rather than the
anything to do with the addition. City Attorney Roy agreed.
Councilmember Roy stated an e-mail was sent to Council on May 16 indicating that each on-street
parking stall could generate up to $300,000 in annual retail sales. He stated the agenda item
summary for this indicated that the developer could not commence construction until the easement
was granted and that the developer had indicated that this easement was important to make the
Opera Garden Lofts project more attractive to lenders and potential purchasers of units. He stated
there would be at least a 31-year arrangement and that the $300,000 value of a parking space was
in last year's dollars.
Councilmember Kastein stated this was not on-street parking. Diede stated it was fourth level
parking in the parking garage.
Councilmember Kastein asked if the$300,000 would apply to the fourth level in the parking garage.
City Manager Atteberry stated Councilmember Roy was referring to a study done several years ago
by a consultant on the Downtown Strategic Plan. He stated the value of retail dollars generated per
parking space identified in the plan applied specifically to on-street parking. He stated the
handicapped parking space in this matter was on the fourth floor of the parking structure and that
the value was the capital value of the lost parking space.
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May 17, 2005
Councilmember Roy stated for at least 31 years and up to 99 years the City would capture$16,000
for a space that would be used exclusively by the private tenants of a development that would be
"high end." He stated he did not believe that$16,000 would capture what the lost parking space was
worth over 31 years. Matson stated the parking space would be used for the construction of the
bridge rather than for occupancy by the Opera Lofts residents and that those residents would buy
permits for parking each year. She stated the value was calculated on the capital cost of the space.
Councilmember Roy made a motion,seconded by Councilmember Manvel,to adopt Ordinance No.
058, 2005 on First Reading.
Councilmember Roy stated this kind of in-fill redevelopment was the right direction. He stated he
did have concerns about marketing something below the fair value and that he did have a concern
about the loss of a public parking space to create an opportunity for private citizens to have an
"exceptional lifestyle" in the downtown. He stated the project was well thought out and that he
supported this type of activity in the downtown. He stated this kind of arrangement needed to be
made equitably for all the taxpayers rather than to the advantage of the private residents and
development principals.
Councilmember Weitkunat asked if the easement was being granted because of the City alley or
because of the parking lot. Matson stated the air easement was being granted over the City alley and
attached to the City Parking Structure.
Councilmember Ohlson stated he looked forward to seeing the explanation of why this project was
a Minor Amendment. He stated he did support in-fill redevelopment projects and that this was a
worthwhile project even if the City did not get"market value"in the trade off. He stated he wanted
to see that kind of information(opportunity costs, lost revenue, etc.) in the staff reports on this kind
of agenda item in the future i.e. the Council needed to see the cost for loss of the parking spot in this
case. He stated the information should be available so that the Council could make a decision on
whether to "help" such projects, knowing all of the costs to the City. He stated he hoped that the
actual project matched what was seen on the computer graphics as far as elevations. He stated he
was supportive of the project and would support the motion.
Councilmember Manvel stated the City would lose revenue and would also gain revenue due to the
residential occupancy. He noted that the fourth floor of the Parking Structure was largely empty
much of the time.
Councilmember Kastein stated this was an excellent project and that it would have a positive effect
on the downtown. He stated residential units would be built to help keep the Old Town vibrant. He
stated he was very supportive of the City's part in this easement.
Mayor Hutchinson stated he was comfortable with the parking space situation.
The vote on the motion was as follows: Yeas: Councilmembers Hutchinson, Kastein, Manvel,
Ohlson, Roy and Weitkunat. Nays: None.
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May 17, 2005
THE MOTION CARRIED.
Other Business
Mayor Hutchinson stated the Leadership Team had discussed the Economic Vitality and Sustain
ability Action Group (EVSAG) and a loss of momentum. He stated the hope was to build on
EVSAG's work on economic strategies and that the discussion was that the work of the EVSAG
would be "trivialized" or"lost" without an economic action plan. He stated the Leadership Team
discussed rechartering the EVSAG to emphasize the group's activities in light of economic
conditions. He stated the economy was a top issue in the recent election campaigns and that he
believed that this Council was poised to play a more active role in economic planning. He stated
he would like the Council to discuss this in a structured way and that he would like support to ask
the City Manager to schedule a time to discuss these issues in a focused way with a meeting
facilitator. He stated the main goal was to "harness the brainpower and accomplishments" of the
EVSAG and make the strategies part of the planning process.
Councilmember Ohlson noted that there were other major issues, including the budget and policy
agenda processes. He stated the economy was one of the seven key points adopted by the Council
and that it would now be receiving special consideration.
Mayor Hutchinson stated this was a "proactive" Council and that this would allow a detailed
discussion to determine whether the Council supported "kick starting" work on one of the most
important issues, i.e. attention to the economy. He stated he hoped to focus on getting the larger
process started to keep the EVSAG from losing momentum.
Councilmember Roy stated the original EVSAG created a large array of options and choices
(branding, niche marketing, etc.). He questioned whether the second EVSAG was"losing steam"
and noted that the efforts of the original EVSAG were still having a"powerful"and"positive"effect
in the community.
Councilmember Kastein stated he believed that the Council would identify development of an
economic plan as a key element during discussions on the budget and the policy agenda. He stated
he supported having a discussion on the economic issues sooner rather than later.
Councilmember Ohlson stated there would be discussions on the policy agenda and that those
discussions would include the economy. He questioned pulling out one of the items for special
discussion and stated this could send a message to staff and the community that the other six key
outcomes were not as "valued."
Councilmember Roy asked for clarification regarding the Mayor's concerns about the current
EVSAG.
Mayor Hutchinson stated he was concerned that the first EVSAG did some"wonderful work"that
was not part of a plan of action. He stated the same thing was happening with the second EVSAG.
He stated the City had chartered a group of"brilliant people" representing a cross section of the
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community and that their excellent work was not being turned into any kind of action plan. He
stated an economic action plan would take some of that work and get staff to work on some of the
issues.
Councilmember Roy asked if the Mayor was suggesting a new group.
Mayor Hutchinson stated he was not suggesting a new group. He stated the concern was that the
work done by EVSAG was not being worked on by the staff. He stated he would like to see the
work of the EVSAG be the core of an action plan to revitalize the economy. He stated the economy
was the number one issue in the community.
Councilmember Roy asked about the status of an Economic Advisor position on staff. City Manager
Atteberry stated his intent was to advertise the position as soon as possible. He stated he would e-
mail the job description and salary range to the Council.
Councilmember Roy stated this would be one of the first steps in addressing the Mayor's concerns.
Mayor Hutchinson stated this would be a complementary action. He stated the economic plan did
not hinge on hiring that person. He stated he wanted to get the process started on something that
would take awhile and to give the EVSAG more"directed employment"in working on an economic
plan. He stated the EVSAG had done the strategic work and had not yet done an economic plan.
Councilmember Ohlson stated the Council goal was to get 90% of the 80% agreed on done. He
stated he was not sure if something else would not get done if this was to get done and if this would
send a message that this was a higher priority than anything else. He stated there were many other
things that were equally important.
Mayor Hutchinson stated this was a unique situation because the EVSAG had already been created
and had done some "brilliant work."
Councilmember Weitkunat stated the EVSAG had provided information for the retreat on what had
been done and that the EVSAG had no direction from Council on what came next. She stated the
Council needed to decide on the direction to give the EVSAG.
Mayor Hutchinson stated he would like to see a discussion of the EVSAG and its work and how that
group should proceed with an action plan. He noted that he did not believe that there would be
much Council or staff work needed on this until well after the budget process was concluded.
Councilmember Ohlson stated he would support having that discussion.
Mayor Hutchinson asked the City Manager to schedule a structured and facilitated discussion on this
matter.
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May 17, 2005
Councilmember Weitkunat noted that there was no opportunity for the public to comment on the
Consent Calendar portion of the agenda without pulling an item for separate discussion at the end
of the meeting.
Councilmember Kastein stated there could be an opportunity for public comment before or after the
motion to approve the Consent Calendar.
Councilmember Manvel stated this option could be offered.
Mayor Hutchinson noted that citizen and Council comments on the Consent Calendar could take
place before the vote on the Consent Calendar.
Councilmember Ohlson stated this would not work because items had to be pulled from the Consent
Calendar before that. He stated the problem was having audience members and staff wait until the
end of the meeting just to make a comment on a pulled Consent Calendar item. He suggested having
staff look at ways to avoid that situation. City Attorney Roy stated the Mayor could ask if anyone
wanted to comment on or pull a Consent Calendar item and could explain the difference.
Mayor Hutchinson asked staff to work on that and make suggestions on how this could be handled.
Adjournment
The meeting adjourned at 9:30 p.m.
Mayor
ATTEST:
City Clerk
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June 7, 2005
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting - 6:00 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday, June 7, 2005, at
6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered
by the following Councilmembers: Brown, Hutchinson, Kastein, Ohlson, Roy, and Weitkunat.
Councilmembers Absent: Councilmember Manvel arrived at 7:30 p.m.
Staff Members Present: Atteberry, Krajicek, Roy.
Citizen Participation
Mayor Hutchinson stated each participant would have three minutes to speak.
Reginald (Bud)Heron, 415 South Howes Street, Senior Advisory Board member, stated the Board
was committed to the expansion ofthe Senior Center as a Building on Basics project for the growing
senior population and other community users.
Wayne Anderson, 5242 Fossil Creek Drive, opposed the southwest enclave annexation. He asked
that the residents and business owners be given a voice in the annexation.
Terri Sullivan, 1649 Shenandoah Circle, Friends of the Library member, expressed concerns about
library funding. She stated in the last several years the libraries had lost $230,000 in funding.
Larry Webber, 139 Pearl Street,Friends of the Library member,expressed library funding concerns.
He stated since 1996 the population had increased by 204%and that library use had increased 690%.
He stated the library was an information center for the community and a basic service.
B.J.Ferrero,Kel-Mar stripbusiness owner,spoke in opposition to the southwest enclave annexation.
She described the"micro-businesses"in the Kel-Mar strip and stated more than 300 families would
lose their primary sources of income if the annexation went through.
Rudy Maes, 1601 North College Avenue,expressed concern about lack of funding for the library and
the bilingual program.
JoAnn Malara,2701 Blackstone Court,Kel-Mar strip business owner at 6012 South College Avenue,
opposed the southwest enclave annexation. She described the antique, flea market, and"mom and
pop" businesses along the Kel-Mar strip and the international clientele. She stated a forced
annexation and the resulting increases in fees,taxes and upgrades would drive them out of business.
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June 7, 2005
Steven Almandinger expressed concern about the City's continuing destruction of beaver dams on
Spring Creek. He asked the City to check into flow control devices and to permanently keep at least
two beaver dams.
Diane Heath, 1113 White Oak Court, Senior Advisory Board chair, spoke regarding the need for
enhancements to the Senior Center to serve the growing active senior population and others in the
community.
Joe Collins,839 Langdale Drive,Kel-Mar strip business owner,spoke in opposition to the proposed
southwest enclave annexation.
David McDanel, 143 West 2nd Street, Loveland, Disabled Resource Services employee, asked the
Council to consider more funding for public transit.
Jack Harper, southwest enclave annexation resident, opposed the proposed annexation.
Courtney Prozboski, Director of Community Affairs for ASCSU, spoke regarding the "three
unrelated" ordinance and the definition of"head of household."
Mayor Hutchinson noted that the 30 minute time limit had been exceeded and that additional
participation would be allowed at Council's discretion. The consensus was to allow additional
participation.
Sandy Robbins, 5108 South Shields Street, spoke against the proposed southwest enclave
annexation.
Ann McSay, 6422 Kyle Avenue, opposed the southwest enclave annexation.
Mark Dailey, 409 Greenvale Drive, Fossil Creek Meadows, spoke in opposition to the southwest
enclave annexation.
Rick Price, 1925 Wallenberg Drive, spoke regarding the lack of scheduled events for Bike Month
due to the vacancy in the bicycle and pedestrian coordinator position. He asked that this position be
reinstated and that a task force be created to work on implementation of the Fort Collins bicycle
program.
A] Baccili, 520 Galaxy Court, opposed the southwest enclave annexation.
Doug Brobst, 1625 Independence Road, spoke regarding the"three unrelated"ordinance and asked
that the Council support the retention and enforcement of the ordinance.
Vivian Ontiveros,820 Merganser Drive#908,asked formore funding fortransit services and Dial-a-
Ride services after 6:00 p.m.
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June 7, 2005
Marcia Fitzhorn, Fort Collins resident, supported more funding for public transit.
Citizen Participation Follow-up
Mayor Hutchinson thanked those who spoke during Citizen Participation.
Councilmember Roy noted that the City was recognized as a"world class"place for senior citizens
to retire. He stated the Senior Center was important for building on that reputation to help create a
better economy for the community. He stated the senior citizens who retired to Fort Collins made
a large contribution to the economy. He also asked for information on the bicycle coordinator
position and City support for bicycle programs and thanked those who spoke about transit for Fort
Collins.
Councilmember Kastein thanked the speaker who brought up the issue of beaver dams on Spring
Creek. He also commented that the City was approaching a budget cycle in which elimination of
$8 million from the budget was being considered. He stated the City would have to stop doing some
"good things" and delay doing other things. He stated expansion of any program would have to be
done at the cost of something else. He commented that additional analysis was being done on the
annexation of the Kel-Mar strip to determine the financial burden to the City.
Councilmember Ohlson thanked the speaker who spoke about the beaver dams on Spring Creek and
stated the City could improve the way beaver dams were handled. He requested information on the
bicycle/pedestrian coordinator position and noted that when positions dealing with implementation
of Council policy agenda items were frozen that Council should be advised of the situation.
Agenda Review
City Manager Atteberry stated there were no changes to the printed agenda.
CONSENT CALENDAR
6. Consideration and Approval of the Regular Council Meeting Minutes of May 3 2005.
7. Second Reading of Ordinance No. 053, 2005, Appropriating Prior Year Reserves in the
General Fund for Cultural Development and Programming Activities and Tourism Capital.
This Ordinance, which was unanimously adopted on First Reading on May 17, 2005,
appropriates lodging tax revenues that were in excess of 2004 budgeted lodging tax receipts
to Cultural Development and Programming("CDP"), Visitor Events, and Tourism Capital
fund accounts. Lodging tax revenue for 2004 was estimated to be $573,600 and the 2005
budget appropriated an equal amount. However, actual receipts totaled $601,143 for 2004
and the difference of$27,543 has not been appropriated.
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June 7, 2005
In accordance with City Code Section 25-244, 75%of the total lodging tax receipts are to be
used for the promotion of convention and visitor activities and 25%for cultural development
and programming activities. The City's contract for services with the Convention and
Visitors Bureau ("CVB") requires the payment of$400,000 to CVB for 2005, with $5,213
for service enhancements.
8. Second Reading of Ordinance No. 054, 2005, Authorizing the Transfer of Appropriations
from the Street Oversizing Fund to the Capital Project Fund - Timberline Road
Improvements Project to Be Used for Completion of EngineeringDesign and Establishine
Appropriations for Railroad Crossing Improvements at the Project.
Developers have contributed $100,000 to the City to begin the engineering design of
Timberline Road from Prospect to Drake. There are additional engineering design costs with
the project to be funded by Street Oversizing. This item appropriates $184,000 into the
project budget for the completion of the final engineering design. In addition, railroad
crossing permits with Great Western Railroad for widening the track on both Timberline
Road and Prospect Road need to be submitted one year in advance of the construction in
order to schedule the railroad crews. The permit requires that funds for the crossing material
and labor be budgeted and available in the project. $280,000 will be appropriated and
earmarked for the railroad crossing agreement in order to submit the required permits and
work orders. The total transfer amount is $464,000 and is available in existing Street
Oversizing Fund appropriations. Ordinance No. 054, 2005, was unanimously adopted on
First Reading on May 17, 2005.
9. Second ReadingofOrdinance No.055,2005,Authorizing the PurchasinizMentto Enter into
an Agreement for the Financing by Lease-Purchase of Vehicles and Equipment
This Ordinance, which was unanimously adopted on First Reading on May 17, 2005,
authorizes the Purchasing Agent to enter into a lease-purchase financing agreement with
Koch Financial Corporation at 4.96 percent interest rate. The agreement is for an original
term from the execution date of the agreement to the end of the current fiscal year. The
agreement provides for renewable one-year terms thereafter,to a total term of five(5)years,
subject to annual appropriation of funds needed for lease payments. The total lease terms,
including the original and all renewal terms, will not exceed the useful life of the property.
This lease-purchase financing is consistent with the financial policies of the City of Fort
Collins.
All equipment shall be purchased following the City's purchasing ordinances and procedures
to ensure that the City realizes all cost savings. The vehicles and equipment financed under
the agreement will comply with applicable City policies, and will be in accordance with the
goal of optimizing City resources without impacting service to the community.
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June 7, 2005
10. Second Reading of Ordinance No. 056,2005,Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for that Certain Property Known as the
Schrader Rezoning.
This is a request to rezone a parcel owned by Schrader Oil Company and the abutting
Burlington Northern Santa Fe right-of-way,presently zoned T(Transition), to RDR (River
Downtown Redevelopment). The subject site consists of 5 t acres located south of Willow
Street and east of College Avenue. Ordinance No. 056, 2005, was unanimously adopted on
First Reading on May 17, 2005.
11. Postponement of Second Reading of Ordinance No.057,2005,Authorizing the Acquisition
by Eminent Domain Proceedings of Certain Lands Necessary for the Construction of Public
Improvements in Connection with the Dry Creek Drainage Improvements Project-East Vine
Diversion Channel, to July 5, 2005.
This item,which was originally scheduled for the June 7,2005 meeting has been postponed
to July 5,2005. Since Council approval of this item on First Reading on May 17,2005, staff
has been meeting with the Weiss' to discuss the project and their issues. Further meetings
have been scheduled in the next couple of weeks,including a site inspection by the appraiser
hired by the City. Staff will be using this extra time to continue to work with the Weiss'and
to insure they understand the process and have sufficient notification of the July 5, 2005
Council meeting for Second Reading consideration of the item.
12. Second Reading of Ordinance No. 058, 2005, Authorizing an Easement for a Pedestrian
Bridge for Opera Gardens Lofts.
The development of Opera Garden Lofts was approved as a minor amendment to the Opera
Galleria, contingent upon the developer being able to provide off-street parking to the users
of the new mixed-use building and also contingent upon negotiating permission from the
City for a bridge between the Opera Galleria and the Civic Center Parking Structure
("CCPS"). The developer cannot commence construction until this easement is granted. The
developer has indicated that this bridge is important to make the Opera Garden Lofts project
more attractive to lenders and potential purchasers of units.
The Opera Gardens Lofts project will add two floors to the Opera Galleria. The easement
request is to construct an above-grade pedestrian bridge from the 4th floor of the CCPS to
one of the new floors of the Opera Galleria. This pedestrian bridge will not replace the
existing bridge,which is a public bridge. The new bridge will be a private bridge to be used
by users of the mixed-use structure. Ordinance No.058,2005,was unanimously adopted on
First Reading on May 17, 2005.
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June 7, 2005
13. Items Related to the Completion of the Spring Cycle of the Competitive Process for
Allocating City Financial Resources to Affordable Housing and Community Development
Projects/Programs and Community Development Activities Utilizing Community
Development Block Grant (CDBG) and HOME Investment Partnership Funds.
A. Second Reading of Ordinance No.059,2005,Appropriating Unanticipated Revenue
and Authorizing the Transfer of Appropriations Between Program Years in the
Community Development Block Grant Fund.
B. Second Reading of Ordinance No.060,2005,Appropriating Unanticipated Revenue
in the HOME Investment Partnerships Fund.
The Community Development Block Grant (CDBG) Program and HOME Investment
Partnership Program provide Federal funds from the Department of Housing and Urban
Development (HUD) to the City of Fort Collins which can be allocated to housing and
community development related programs and projects,thereby,reducing the demand on the
City's General Fund Budget to address such needs. The City Council is being asked to
consider the adoption of two resolutions related to funding under the CDBG and HOME
Programs. Specific projects for the use of HOME funds will be determined in November as
a result of the fall funding cycle of the competitive process for the allocation of the City's
financial resources to affordable housing programs/projects and community development
activities. Ordinance Nos. 059 and 060, 2005 were unanimously adopted on First Reading
on May 17, 2005.
14. First Reading of Ordinance No. 061, 2005, Appropriating Unanticipated Revenue in the
Street Oversizing_ Fund and Authorizing the Transfer of Appropriations from the Street
Oversizing Fund to the Capital Project Fund - Trilby and Ziegler Road Improvements
Project.
The construction of Kinard Junior High School requires minor arterial street improvements
for Ziegler Road adjacent to the school property. Staff worked with the Poudre R-1 School
District in an effort to coordinate the completion ofZieglerbetween Trilby Road and Kechter
Road as well as the connection of Trilby between Timberline Road and Kechter. The
improvements will be to an important segment ofroadway which will provide primary access
to the new Kinard Junior High School projected to open in the fall of 2006. This project is
funded entirely through developer contributions and the construction will be managed by the
City Street Oversizing Program staff.
15. First Reading of Ordinance No. 062, 2005, Approving the Terms of the City's Lease of
Building 15, Old Town Square, Fort Collins. Colorado.
In order for this property to become tax exempt, state law requires that the Council approve
the terms of the lease by Ordinance.
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Since February 1996, the City has been leasing space in Old Town Square for the Police
Services District One office. Police Services has leased the present Old Town Square
location since January 1,2000,which term ended and then renewed for one year on January
1, 2004. The present lease term commenced January 1, 2005 and will expire December 31,
2009. Lease payments under the new lease will include base rent,common area maintenance
("CAM")expenses, insurance,utilities and taxes(should they apply). Base rent for the first
year shall be$11.00 per square foot based on 2,075 square feet. The second and third year
base rents shall escalate to $12.00 per square foot. The fourth year will escalate to $13.00
per square foot, and the fifth year to $14.00. This escalation was based upon a negotiated
amount in line with market rents. CAM, insurance and utilities are based on the City's pro
rata share. For the first year the estimated prorated monthly charges amount to $1.90 per
square foot for CAM, $.28 per square foot for insurance, and $2.13 per square foot for
utilities.
16. First Reading of Ordinance No. 063,2005,Authorizing a Deed of Easement for the Pleasant
Valley Pipeline.
In April of 2001, the City of Fort Collins purchased certain real property from the estate of
Robert Udall to be used as the Reservoir Ridge Natural Area. The City acquired the property
along with any existing easements of record. Prior to the City obtaining title to the property,
Robert Udall had granted an easement to Northern Colorado Water Conservancy District
(NCWCD)for the Pleasant Valley Pipeline,which is used by Fort Collins Utilities to convey
water. In March of 2005,NCWCD determined that the legal description used forthe original
easement was incorrect (it referenced an incorrect Range), making the original easement
defective. Because the City is the current owner of record the City has been asked to approve
a Deed of Easement correcting the legal description error. Once approved, NCWCD will
record the document and provide a copy for City records.
17. First Reading of Ordinance No. 064, 2005, Authorizing the Dedication of a Parcel of Land
and a Permanent Public Transportation Easement to the City of Loveland on Jointly Owned
City and City of Loveland Property at the Fort Collins-Loveland Municipal Airport
The City of Loveland is seeking to construct a roundabout at the intersection of Crossroads
Boulevard and Rocky Mountain Avenue in order to facilitate airport area development and
improvements.
The area of proposed dedication is.571 acres in size,and the Public Transportation Easement
will encumber an area.354 acres in size. Both dedication and easement are generally located
at the southeast corner of Section 33, Township 6 North, Range 68 West, a portion of the
airport property.
Staff has determined that cooperating with Loveland in completing the planned
improvements will be of general benefit to the Airport. In addition,due to Federal Aviation
Administration ("FAA") funding for the Airport, it is anticipated that the City would be
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required to pay to the FAA any compensation required from Loveland for the conveyances.
Consequently, staff is recommending that no compensation be required in this instance.
18. First Reading of Ordinance No. 071, 2005,Amending Chapter 2, Article 5 of the City Code
Pertaining to Administrative Organization.
This ordinance makes the necessary Code amendments involving the restructuring of
Administrative Services and Communication and Technology Services. These changes are
recommended to ensure a more consistent approach towards improving accountability and
increasing efficiencies in the services these two areas support.
19. Resolution 2005-058 Authorizingthe he City Manager to Grant Revocable Permits to Schrader
Oil Company and the U.S. Environmental Protection Agency on the Aztlan Center Property
for Environmental Sampling and Related Activities.
Schrader Oil Company representatives have requested that the City allow well sampling by
Schrader at the "Poudre River Cleanup Site"property. Staff is recommending that the City
grant revocable permits as needed, in the form of license agreements, to Schrader Oil
Company for this limited purpose. It is important to note that the monitoring wells Schrader
has selected to sample are not permitted by the State of Colorado as is normally required for
sampling. However, under EPA's jurisdiction, Paul Peronard, the EPA On-Scene
Coordinator,has provided verbal approval for Schrader Oil Company to sample these wells
under the AOC. Staff is recommending that the City Council adopt this Resolution in order
to authorize the City Manager to enter into the necessary license agreements,including such
terms and conditions as may be necessary to protect the interests of the City and minimize
impacts to the City's property.
20. Items Relating to the Kingdom Hall Annexation and Zoning
A. Resolution 2005-059 Setting Forth Findings of Fact and Determinations Regarding
the Kingdom Hall Annexation.
B. First Reading of Ordinance No. 065, 2005, Annexing Property Known as the
Kingdom Hall Annexation to the City of Fort Collins, Colorado.
C. First Reading of Ordinance No. 066, 2005, Amending the Zoning Map of the City of
Fort Collins and Classifying for Zoning Purposes the Property Included in the
Kingdom Hall Annexation to the City of Fort Collins, Colorado.
This is a 100% voluntary annexation and zoning of a property approximately 3.87 acres in
size. The site is 2104 Kechter Road and located at the northeast corner of South Timberline
Road and Kechter Road. Contiguity with the existing municipal boundary is gained along
the entire west boundary which abuts Timberline Road the Willow Springs subdivision. The
requested zoning is U-E, Urban Estate. This zoning complies with the Structure Plan Map.
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21. Postponement of Items Relating to the Airpark Village Annexation and Zoning, to o August
16, 2005.
This item,which was originally scheduled for the June 7,2005,meeting has been postponed
to August 16, 2005. The item is being continued primarily due to concerns regarding the
proposed amendment to the East Mulberry Corridor Plan (E.M.C.P.) and the Structure Plan
Map. Such an amendment is required before the Planning and Zoning Board can recommend
Employment zoning for the 147- acre parcel. The applicant is requesting Employment
zoning whereas the E.M.C.P. and the Structure Plan Map indicate Industrial zoning. A re-
hearing with the Planning and Zoning Board is scheduled for July.
22. Items Relating to the Transfer of Ownership of Harmony Road(State Highway 68)Between
College Avenue and I-25 from the Colorado Department of Transportation to the City of Fort
Collins.
A. Resolution 2005-060 Authorizing the Mayor to Enter into an Intergovernmental
Agreement with the Colorado Department of Transportation to Transfer the
Administrative Control, Maintenance and Ownership of Harmony Road (State
Highway 68) between College Avenue and I-25 from the Colorado Department of
Transportation to the City of Fort Collins.
B. First Reading of Ordinance No. 067, 2005, Accepting the Abandoned Portion of
State Highway 68 (Harmony Road) from Mile Post 0.00 to Mile Post 4.468 as part
of the City's Street System.
The Colorado Department of Transportation(CDOT)and City of Fort Collins Transportation
Services have been discussing the transfer of ownership of Harmony Road from CDOT to
the City of Fort Collins for many years.This 4.5 mile section of road is developing into an
urban arterial. CDOT made proposals for transfer of ownership of Harmony Road in the
past, but the City resisted because of the additional costs involved.
In the most recent discussions CDOT offered funds in a one-time payment to the City to fund
upgrades and offset the cost of maintenance cost over the next 20 years. CDOT and the
City's Transportation staff worked together to develop estimates for the 20 year maintenance.
CDOT will retain maintenance responsibility for the portion of Highway 68 between the west
frontage road and I-25, including the frontage road intersection. The City will accept
responsibility for the portion west of the frontage road. CDOT is offering a one-time
payment of 513,700,000 to the City to take ownership on this section of Harmony Road.
There is some urgency to this matter because part of these funds need to be committed by
CDOT within its current fiscal year(before July 31, 2005).
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23. Resolution 2005-061 Finding Substantial Compliance and Initiating Annexation Proceedings
for the Crawford Annexation.
This item was considered by Council on April 19, 2005, and was postponed to this date to
allow staff to determine the ownership of a 30-foot strip of land included in the annexation.
The Crawford Annexation has been revised to remove the westerly 30-foot strip. This 30-
foot strip was Quit Claimed in 1902 to another party for access purposes and is not owned
by the petitioner. The parcel has been reduced in size and now consists of 29.56 acres. Also
it has come to light that the original petition for annexation was signed by the wrong entity,
having been signed by Mr. Willox as an individual rather than by the true owner, which is
a limited liability company of which he is the manager. Therefore, it is necessary to re-
initiate this annexation.
The site is located approximately one-half mile west of North College Avenue on the south
side of Willox Lane. Contiguity with the existing municipal boundary is gained along the
eastern boundary which is shared with the west property line of the Hickory Village Mobile
Home Park. Contiguity is also gained along a portion of the southern boundary which is
shared with the north property line of the City of Fort Collins Soft Gold Park. The
recommended zoning is U-E, Urban Estate. This zoning complies with the Structure Plan
Map.
24. Resolution 2005-062 Authorizingthe he City to Enter into a Change Order with Felsburg Holt
& Ullevig to Amend an Existing_Agreement to Include the Design of the Mason
Transportation Corridor Trail Project North from the Spring Creek Trail to Connect with the
Colorado State University Campus as an Exception to the Competitive Process over
100 000.
This Resolution will authorize the City Manager to amend the existing agreement,by change
order, with the consulting firm of Felsburg Holt & Ullevig (FHU), which designed the
southern portion of the trail, to include the design for the Mason Transportation Corridor
(MTC) Trail project north from the Spring Creek Trail through the CSU campus. In the
future, the City will continue to pursue additional grant funding to cover the construction
costs for this segment of the MTC Trail. This extension of the MTC Trail northward from
the Spring Creek Trail is consistent with the adopted Master Plan for the Mason
Transportation Corridor Project.
25. Resolution 2005-063 Authorizing the City to Enter into a Construction Agreement with The
Burlington Northern and Santa Fe Railway Company for Construction Services Adjacent and
Upon Railway's Right-of-Way and/or Property,as an Exception to the Competitive Process
over S 100,000.
The Burlington Northern and Santa Fe Railway Company(the"Railway")will construct two
bridges as part of the Dry Creek Basin Improvements Project.
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26. Resolution 2005-064 Approving an Intergovernmental Agreement with the City of Thornton
Concerningthe he Dry Creek Drainage Improvements Project.
The design portion of the Dry Creek Drainage Improvements Project ("Project') began in
2003. Portions of the Project are currently underway and the balance is scheduled to start
later in 2005 with completion scheduled in 2006. The total project involves a combination
of sub-projects in the upper, middle and lower basins to reduce the likelihood of flooding.
27. Resolution 2005-065 Approving Expenditures from the Art in Public Places Reserve
Account in the Light and Power Utility Fund to Commission an Artist to Design and Paint
Murals on Transformer Cabinets Located in the Alley West of College Avenue and North
of Laurel Street.
This Resolution will approve expenditures of$12,380 for design,materials,installation and
contingency for a project for artist Sandy Toland to paint murals on five transformer cabinets
located in the alley west of College Avenue and north of Laurel Street.
28. Resolution 2005-066 Reappointing Gordon F. Esplin as Temporary Judge and Authorizing
the Execution of an Employment Agreement.
Council originally appointed Gordon F. Esplin as Temporary Judge (Assistant Municipal
Judge) in 1989, and has reappointed him every two years thereafter. His current
appointment terminates on June 30, 2005. Municipal Judge Kathleen M. Lane
recommends that Mr. Esplin be reappointed for another two-year term.
Mr. Esplin is currently paid $85 per hour for his services. That rate is well below the
going rate for legal fees in Fort Collins and is at or below the amount paid to other
Assistant Municipal Judges in Colorado who serve only occasionally. However, due to
budgetary constraints, staff is not recommending an increase in the compensation paid to
Mr. Esplin at this time. Mr. Esplin has agreed to continue in this position at the current
pay rate.
29. Resolution 2005-067 Making Appointments to the Affordable Housiny Board and the Zonin
Board of Appeals.
A vacancy currently exists on the Affordable Housing Board due to the resignation of
Sunshine Workman. Councilmember Kastein reviewed the applications on file and is
recommending Kevin Brinkman to fill the vacancy with a term to begin immediately and set
to expire on December 31, 2009.
A vacancy also exists on the Zoning Board of Appeals due to the resignation of Steve
Remington. Councilmembers Ohlson and Weitkunat reviewed the applications on file and
conducted interviews. The Council interview team is recommending Jim Pisula to fill the
vacancy. The term will begin immediately and is set to expire on December 31, 2007.
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***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
7. Second Reading of Ordinance No. 053, 2005, Appropriating Prior Year Reserves in the
General Fund for Cultural Development and Programming Activities and Tourism Capital.
8. Second Reading of Ordinance No. 054, 2005, Authorizing the Transfer of Appropriations
from the Street Oversizing Fund to the Capital Project Fund - Timberline Road
Improvements Project to Be Used for Completion of Engineering Design and Establishing
Appropriations for Railroad Crossing Improvements at the Project.
9. Second Reading of Ordinance No.055,2005,Authorizingthe PurchasingAgent to Enterinto
an Agreement for the Financing by Lease-Purchase of Vehicles and Equipment.
10. Second Reading of Ordinance No. 056, 2005,Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for that Certain Property Known as the
Schrader Rezoning.
12. Second Reading of Ordinance No. 058, 2005, Authorizing an Easement for a Pedestrian
Bridge for Opera Gardens Lofts.
13. A. Second Reading of Ordinance No.059,2005,Appropriating Unanticipated Revenue
and Authorizing the Transfer of Appropriations Between Program Years in the
Community Development Block Grant Fund.
B. Second Reading of Ordinance No.060,2005,Appropriating Unanticipated Revenue
in the HOME Investment Partnerships Fund.
Ordinances on First Reading were read by title by City Clerk Krajicek.
14. First Reading of Ordinance No. 061, 2005, Appropriating Unanticipated Revenue in the
Street Oversizing Fund and Authorizing the Transfer of Appropriations from the Street
Oversizing Fund to the Capital Project Fund - Trilby and Ziegler Road Improvements
Project.
15. First Reading of Ordinance No. 062, 2005, Approving the Terms of the City's Lease of
Building 15, Old Town Square, Fort Collins, Colorado.
16. First Reading of Ordinance No. 063,2005,Authorizing a Deed of Easement for the Pleasant
Valley Pipeline.
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17. First Reading of Ordinance No. 064, 2005, Authorizing the Dedication of a Parcel of Land
and a Permanent Public Transportation Easement to the City of Loveland on Jointly Owned
City and City of Loveland Property at the Fort Collins-Loveland Municipal Airport.
18. First Reading of Ordinance No. 071,2005, Amending Chapter 2,Article 5 of the City Code
Pertaining to Administrative Organization.
20. B. First Reading of Ordinance No. 065, 2005, Annexing Property Known as the
Kingdom Hall Annexation to the City of Fort Collins, Colorado.
C. First Reading of Ordinance No. 066,2005,Amending the Zoning Map of the City of
Fort Collins and Classifying for Zoning Purposes the Property Included in the
Kingdom Hall Annexation to the City of Fort Collins, Colorado.
22. B. First Reading of Ordinance No. 067, 2005, Accepting the Abandoned Portion of
State Highway 68 (Harmony Road) from Mile Post 0.00 to Mile Post 4.468 as part
of the City's Street System.
33. B. First Reading of Ordinance No.068,2005,Annexing Property Known as the Sunrise
Ridge Annexation to the City of Fort Collins, Colorado.
C. First Reading of Ordinance No. 069, 2005,Amending the Zoning Map of the City of
Fort Collins and Classifying for Zoning Purposes the Property Included in the Sunrise
Ridge Annexation to the City of Fort Collins, Colorado.
34. First Reading of Ordinance No.070,2005,Making Various Amendments to the City of Fort
Collins Land Use Code.
Councilmember W eitkunat made a motion,seconded by Councilmember Roy,to adopt and approve
all items on the Consent Calendar. The vote on the motion was as follows:Yeas: Councilmembers
Brown, Hutchinson, Kastein, Ohlson, Roy and Weitkunat. Nays: None. (Councilmember Manvel
absent)
THE MOTION CARRIED
Consent Calendar Follow-up
Councilmember Kastein spoke regarding Item #22 Items Relating to the Transfer of Ownership of
Harmony Road (State Highway 68) Between College Avenue and I-25 from the Colorado
Department of Transportation to the City ofFort Collins. City Manager Atteberry stated this was
a"good news'item for the City and that the quality of services on Harmony Road would improve
considerably. Ron Phillips, Transportation Services Director, stated the transfer would take place
sometime around the end of CDOT's fiscal year on June 30.
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Councilmember Weitkunat commented regarding Item #27 Resolution 2005-065 Approving
Expenditures f om the Art in Public Places Reserve Account in the Light and Power Utility Fund
to Commission an Artist to Design and Paint Murals on Transformer Cabinets Located in the Alley
West of College Avenue and North ofLaurel Street. She expressed some concerns about the use of
the funds for art on utility boxes in an alley.
Councilmember Ohlson spoke regarding Item #15 First Reading of Ordinance No. 062, 2005,
Approving the Terms of the City's Lease of Building 15, Old Town Square, Fort Collins, Colorado.
He noted that this appeared to be approval of a lease that started six months ago and expressed a
concern about "approving things after the fact."
Staff Reports
City Manager Atteberry thanked the Bohemian Foundation for its$100,000 grant to the City to cover
youth fares on Transfort for 2006-2007. He also reported that 1,200 young athletes would becoming
to Fort Collins on June 25 for the Colorado Hershey State Track Meet. He reported that during the
track meet the City would receive an Outstanding Agency Award for efforts to promote health and
fitness in Fort Collins. He also reported that Fort Collins received a prestigious award for
commitment to water quality for the fifth year in a row from the Partnership for Safe Water. He
stated Fort Collins was the first municipality in Colorado to receive the award for five consecutive
years. He recognized Utilities General Manager Mike Smith,Jim Hibbard,and Wendy Williams for
their work with the Utilities.
Councilmember Reports
Councilmember Weitkunat reported that the Housing Authority had received the audit report and that
the organization was financially sound and in compliance with HUD requirements. She stated the
Housing Authority would serve 35 fewer families this year due to funding cuts. She also reported
on the first meeting of the North College Urban Renewal Authority. She also reported on the Poudre
Fire Authority Board meeting and the purchase of a new fire truck.
Mayor Hutchinson reported on some of the actions taken by the Poudre Fire Authority Board of
Directors and the opening of Fire Station #14.
Councilmember Kastein reported on the Downtown Development Authority meeting. He asked for
information about the City's role with regard to the number and placement of liquor licenses in the
City. City Attorney Roy stated the criteria used by the Municipal Judge to make those
determinations were spelled out in the State statutes and that he would prepare additional
information for the Council.
Items Relating to the Sunrise Ridge Annexation and Zoning, Adopted
The following is staff s memorandum on this item.
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"EXECUTIVE SUMMARY
A. Resolution 2005-068 Setting Forth Findings of Fact and Determinations Regarding the
Sunrise Ridge Annexation.
B. First Reading of Ordinance No. 068, 2005,Annexing Property Known as the Sunrise Ridge
Annexation to the City of Fort Collins, Colorado.
C. First Reading of Ordinance No. 069, 2005, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Sunrise Ridge
Annexation to the City of Fort Collins, Colorado.
This is a 100% voluntary annexation and zoning of a property approximately 10.34 acres in size.
The site is 5101 S. Strauss Cabin Road located approximately one-halfmile south of East Harmony
Road on the west side of Strauss Cabin Road. Contiguity with the existing municipal boundary is
gained along the entire west boundary which is shared with the east property line of the Willow
Brook Subdivision (Observatory Village). Contiguity is also gained along the entire northern
boundary which is shared with the south property line of Brookfield Subdivision (Morningside
Townhomes).
BACKGROUND
The property is located within the Growth Management Area. According to the policies and
agreements between the City ofFort Collins and Larimer County contained in the Intergovernmental
Agreement for the City of Fort Collins Growth Management Area ("IGA'), the City will agree to
consider annexation ofproperty in the GMA when the property is eligible for annexation according
to State law.
The parcel gains the necessary one-sixth contiguity along the entire north and west property lines.
Of the total perimeter boundary, the parcel has 48% contiguity with the City limits. This
substantially exceeds the required minimum of 16.66%(one-sixth). The parcel, therefore, complies
with the requirements of the IGA and is eligible for annexation.
This is a 100%voluntary annexation for a property located within the Growth Management Area.
The property satisfies the requirement that no less than one-sixth of the perimeter boundary be
contiguous to the existing City boundary. The recommended zoning of U-E, Urban Estate, is in
compliance with the City's Comprehensive Plan and Structure Plan Map. Staff recommends the
parcel be placed within the Residential Neighborhood Sign District.
The Initiating Resolution was considered by City Council on April 19, 2005 and approved. On May
19, 2005, the Planning and Zoning Board took two specific actions in making its recommendation
to City Council:
1. The Board voted 6—0 to recommend approval of the annexation.
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2. The Board then voted 4 — 2 to recommend the property be placed in the
Urban Estate zone district.
Consistency with Existing Policies:
According to the policies and agreements between the City of Fort Collins and Larimer County,
contained in the amended(November 21, 2000)IGA, the City will agree to consider for annexation
property in the U.G.MA. when such property is eligible for annexation according to State law.
According to Section 8A of the I.G.A., as amended:
"It is the City's intent to annex properties within the GMA as expeditiously as
possible consistent with the terms of this Agreement. Except as provided in Section
8(B), the City agrees to consider the annexation of any parcel or parcels of land
located within the GMA which are eligible for voluntary annexation pursuant to the
provisions of Title 31, Article 12 Colorado Revised Statutes. "
The surrounding zoning and land uses are as follows:
N. A-C; Existing and Developing Multi-Family(Brookfield Subdivision-marketed as Morningside
Townhomes)
S: FA-I (County); Existing large-lot, semi-rural single family detached residential
E: FA-I (County); Vacant—Fossil Creek Reservoir Inlet Ditch
W:L-M-N, Existing Single Family Attached(Willowbrook Subdivision -marketed as Observatory
Village)
The parcel gains the necessary one-sixth contiguity along the entire west and north property lines.
Of the total perimeter boundary, the parcel has 48% contiguity with the City limits. This
substantially exceeds the required minimum of16.66%(one-sixth). The parcel, therefore, complies
with the requirements of the IGA and is eligible for annexation.
One of the stated intents ofthe-IGA is to have urban development occur within the City in order that
the provision of urban level services by the County would be minimized. This is a 100%voluntary
annexation. The parcel is not an enclave. On April 19, 2005, City Council approved a Resolution
which accepted the annexation petition and established that thepetition is in compliance with State
statutes.
Zoning:
A. Planning and Zoning Board Recommendation— Urban Estate (U-E)
1. Consistency with City Plan
The Planning and Zoning Board voted 4—2 to recommend that the zoning for the Sunrise
Ridge Annexation be U-E, Urban Estate. This district is intended to be a setting for a
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predominance of low-density and large-lot housing. In addition, the zone provides for the
Residential Cluster Plan Development option. The main purposes of this District are to
acknowledge the presence of the many existing subdivisions which have developed in these
uses that function as parts of the community and to provide additional locations for similar
development, typically in transitional locations between more intense urban development
and rural or open lands. The requested zoning of U-E complies with the City's Structure
Plan Map and the Fossil Creek Reservoir Area Plan.
2. Domino Effect
Those Board members voting in favor of the U-E zone expressed a concern that allowing L-
M-Nzoning would lead to a domino effect. The subjectparcel is the northern-most property
ofseven existing lots that front on Strauss Cabin Road. These lots were split offfrom the
larger farm approximately 25 years ago. Kechter Road forms the southern boundary.
According to those voting in the majority, the same rationale for placement of the subject
property into the L-M-Nzone could also logically apply to each subsequent lot to the south,
and so on down the line to Kechter Road.
3. Uniform Separation Between L-M-N and U-E
The majority was concerned about preserving the integrity of the north-south line that
presently separates Observatory Village (City)from the existing seven lots (County). This
line was established with the adoption of the Fossil Creek Sub Area Plan. The location of
this separation is in alignment with the rear (west)property lines of all seven lots and is
uniform and consistent. Allowing L-M-N on Sunrise Ridge would encroach across this line.
4. Piecemeal Approach
The majority was concerned about a piecemeal approach resulting in one of seven lots
having a zoning significantly different from the other six. If all seven lots petitioned for
annexation and L-M-Nzoning, at the same time, then such a request could be considered a
more rational and comprehensive approach that would possibly be viewed differently.
5. Lack of Change in Character
Finally, the majority indicated that there has not been a sufficient change ofcharacter in the
general area to justify an amendment to the Structure Plan Map.
6. Residential Neighborhood Sign District
In addition, the P & Z Board recommends the parcel be placed within the Residential
Neighborhood Sign District which was created for the purpose ofregulatingsigns for non-
residential uses in certain geographic locations ofthe City. The applicants are in agreement
with this designation.
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B. Applicants'Request—Low Density Mixed-Use Neighborhood(L-M-N)
L Abuts L-M-N and H-C Zones
The applicants have indicated that this particular parcel is different from the other six in that
its northern boundary abuts the Harmony Corridor zone district. As with Observatory
Village to the west,L-M-Nzoning is a logical land use transition from the more intense land
uses associated with the Harmony Corridor zone.
2. Change of Character
The applicants contend that there has indeed been a change in character in the area. For
example, to the north is the Morningside Townhomes. To the west are the single family
homes of Observatory Village. Both residential projects exceed 5.0 dwelling units per acre.
3. Future Streets—Rock Creek Drive
In addition, Observatory Village has stubbed three public streets to its east property line in
anticipation of continuing east to Strauss Cabin Road. One of these streets is Rock Creek
Drive. This street serves Fossil Ridge High School, Morningside Townhomes and
Observatory Village. It is has been constructed as a collector roadway in accordance with
the Master Street Plan and is stubbed into Sunrise Ridge. Development would trigger
extension into Sunrise Ridge to intersect with Strauss Cabin Road. It appears incongruous
to the applicants that a collector level street is necessary to serve Urban Estate density.
4. Isolated Strip of U-E
Finally, the applicants contend that preserving a strip of Urban Estate makes little sense in
that there is a vast open area,presently being mined for gravel, east of Strauss Cabin Road
and down the Poudre River bluff. Since the gravel operations will ultimately cease and
become restored as ponds and open space, a strip of Urban Estate will become isolated and
will share little in common with its immediate surrounding area.
Compliance with State Law:
As mentioned, the annexation has 48%ofitsperimeter boundary contiguous with existing City limits
which exceeds the required one-sixth as mandated by State law. Further, the parcel is found to have
a community of interest with the City and the parcel is expected to urbanize shortly.
Findings of Fact/Conclusion:
In evaluating the request.for the Sunrise Ridge Annexation and Zoning, Staffmakes the following
findings of fact:
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1. The annexation qfthisparcel is consistent with thepolicies and agreements between Larimer
County and the City ofFort Collins, as contained in the amended IGA.
2. The parcel meets all criteria included in State law to qualify for annexation by the City of
Fort Collins.
3. The staff proposed zone district, U-E, Urban Estate, is in conformance with the City's
Comprehensive Plan(Fossil Creek Reservoir Area Plan)and the City Structure Plan Map.
4. The applicants have requested the property be placed in the L-M-N,Low Density Mixed-Use
Neighborhood zone district.
5. P&Z recommends the parcel be placed within the Residential Neighborhood Sign District.
6. On April 19, 2005, City Council approved the Resolution which accepted the annexation
petition and determines that the petition is in compliance with State law.
Planning and Zoning Board Recommendation:
On March 17, 2005, the Planning and Zoning Board took the following action:
1. Voted 6— 0 to recommend annexation into the municipal boundary and inclusion into the
Residential Sign District.
2. Voted 4—2 to recommend placement into the U-E, Urban Estate zone district."
City Manager Atteberry introduced the agenda item.
Ted Shepard,City Planner,presented background information regarding the agenda item. He stated
this was a request for an annexation and zoning in compliance with the Intergovernmental
Agreement with Larimer County. He stated the Planning and Zoning Board recommended
annexation and zoning into the Urban Estate Zone District. He stated the site was located on Strauss
Cabin Road (County Road 7)a half mile south of Harmony Road, abutting Observatory Village on
the west and Morningside Townhomes on the north. He stated this was a voluntary annexation that
exceeded the one-sixth contiguity requirement. He stated the Planning and Zoning Board voted 4-2
on the recommendation for Urban Estate zoning and 6-0 on the annexation. He stated the applicant
would give a presentation on the request for LMN zoning. He presented visual information
regarding the Structure Plan Map, which showed zoning of the parcel in the Urban Estate zone; an
aerial photograph showing the area and surrounding zoning; the Fossil Creek Reservoir Area Plan
and the Subarea Plan adopted in 1999 and amended shortly thereafter, which recommended Urban
Estate zoning; and site shots from different perspectives.
Mayor Hutchinson stated audience members would have five minutes to speak.
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Ken Ashley, 5227 South County Road#7, showed photos of his property and noted that the area to
the west was covered with houses. He stated the only land that was open and rural in character was
on seven five-acre parcels south of the proposed annexation. He stated the owner of a neighboring
property was "intimidated by the potential for developing" and was relocating. He stated his
property would be the next "domino" if the City was to "give into this proposal." He stated he
acquired his property in 1980 and that this had been a stable neighborhood that practiced "good
stewardship" with the land. He expressed "consternation" about the proposed subdivision of
property on the northernmost parcel consisting of 10 acres and stated this would "destroy this
neighborhood." He stated the "scheme" of the developer was to request annexation and a change
of zoning from FA-1 to LMN. He stated FA-1 would allow only two structures per acre and than
LMN would allow as many as 64 units on the 10 acres. He stated on April 12 the City had a
neighborhood meeting to discuss the Sunrise Ridge proposal and that the property owners expressed
"vigorous opposition" to the developer's proposal. He stated the Planning and Zoning Board and
City staff had recommended in favor of annexation because of some Intergovernmental Agreement
and had recommended a zoning change from FA-1 to UE. He stated this zoning change would allow
a density 10 times greater than the FA-1 zoning. He noted that the City had no zoning district
suitable for large rural type lots. He stated one of the Planning and Zoning Board members (Ms.
Schmidt)noted at the meeting that approval of the annexation and UE zoning would set in motion
a domino effect so that the present residents would have little say in what happened to them. He
stated there were several "troubling aspects" to the situation, including the fact that Smith was an
applicant for the annexation and did not live on the property in question, that Smith offered to buy
out a neighbor and could not come up with financing, and that Smith suggested to the neighbor that
the other neighbors buy out the neighbor. He stated he wondered if the applicant was speculating
that if the property was annexed and the zoning change for higher density was approved that they
could sell to a"real developer." He stated the neighborhood was"being victimized by a conspiracy"
made up of the Intergovernmental Agreement, the lack of an appropriate City zoning district, and
the Sunrise Ridge proposal. He stated City approval of the annexation and UE zoning would ensure
the end of an attractive neighborhood. He asked that the proposal be tabled.
Ethel Ashley, 5227 South County Road #7, asked that the Council table the proposal until the City
was able to adequately study what would actually happening. She stated there was no mandate for
annexation, that City staff was developing a new zoning district designed to allow larger rural type
lands within the City limits similar to the County's FA-1 zone, and that the property could be zoned
T on a temporary basis. She stated 100% of the residents (nine property owners) affected by this
proposal were in opposition to the proposal. She stated Observatory Village property owners
adjacent to the acreages paid a premium price to face the pastoral view. She stated she spoke with
Observatory Village residents who were vigorously opposed to any development that would destroy
the view they enjoyed. She stated the residents and the developer differed on"values"of property.
She asked that the Council allow enough time to seriously consider the human and social impacts
imposed upon the present residents. She requested that the Sunrise Ridge proposal either be rejected
or tabled.
Pat Balliew, 5335 South County Road #7, adamantly opposed the annexation and rezoning. He
stated it would destroy along established neighborhood. He stated all of the properties along County
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Road #7 between Fossil Creek inlet ditch and County Road #36 were developed with a rural
character. He stated these nine properties were developed between 1959 and 1987 (an average age
of 28 years). He stated 28 years ago in 1977 the closest Fort Collins housing development was at
the southeast comer ofHorsetooth and Timberline,over five miles away. He stated zoning allowing
higher density development would"domino"down County Road#7 as each property would"refuse
to be the buffer." He stated the City's Comprehensive Plan Land Use section stated: "Existing
residential neighborhoods will be protected against development that is incompatible with
community goals and needs. In-fill and redevelopment located within certain predetermined areas
as defined by subarea plans will build on unique and positive qualities of the neighborhood in
dynamic and creative ways which respect the character of the neighborhood." He stated the character
of the neighborhood was at stake in this decision. He stated approval of the proposal would mean
an "inappropriate density transition"to the existing rural lots. He stated the Fossil Creek Reservoir
Plan Land Use Policy adopted by the City Council in 1998 indicated as follows: "Where a new
neighborhood develops next to an existing lower density residential development,the neighborhood
design and layout should complement the established patterns of buildings and outdoor spaces along
the edge with no drastic and abrupt increase in the size of buildings or the intensity of building
coverage." He stated the existing rural lots averaged five acres each with a single home. He stated
these homes were spaced at 300-400 feet apart and that Observatory Village to the west provided a
200-foot open space stormwater retention pond that provided a reasonable transition along that edge.
He stated it was unlikely that a similar transition could be provided between Sunrise Ridge and the
next rural lot to the south. He stated appropriate zoning was not yet available in the City's Land Use
Code. He stated approving this annexation now would start the"cascade"from FA-1 zoning to UE
zoning. He stated UE zoning would allow two units per acre,which would be 10 times denser than
the existing rural lots. He stated this inconsistency would lead a"greedy land developer"toward a
development plan that would drive adjacent rural lot owners away and result in the loss of a pocket
of open space that the City would not have to buy or maintain. He asked that the Council defer the
Sunrise Ridge Annexation and rezoning until City staff could complete and gain approval for a new
zoning district similar to the County FA-1 zoning. He stated with this new zoning district available
and the support of a majority of the rural lot landowners that an amendment to the Fossil Creek Land
Use Framework Plan should be made to change the proposed zoning from UE to the City's FA-1
equivalent. He stated this action would preserve the character of the existing rural lots and maintain
the existing density transition along the edge of existing developments.
("Secretary's Note: Councilmember Manvel arrived at 7:30 p.m.)
Carolyn Balliew, 5335 South County Road #7, opposed the proposed annexation and zoning. She
stated County Road #7 represented the boundary between high density neighborhoods such as
Observatory Village and natural space. She stated City Plan provided that the edges should reflect
a transition from the development areas to the rural character of Larimer County. She stated
development of a high density neighborhood would be in direct violation of the City Structure Plan
and its intent and purpose and that it would also violate the parameters of the Fossil Creek Reservoir
Plan. She stated there would be a domino effect if this proposal was approved and that the whole
area would end up being high density development. She stated the infrastructure was not adequate
for this type of development. She stated the project seemed to have funding problems and that there
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were concerns that the project could be completed in an unattractive manner or could go bankrupt.
She stated the development would impact the natural nature of the neighborhood. She stated
residents of Observatory Village were also opposed to a high density development. She stated the
neighborhood were "upset' that the developer was proposing such a development which would
destroy the neighborhood. She asked that the decision regarding the project be put on hold until the
Council could approve a zoning comparable with the County FA-1 zoning.
Jason Van Vleet, speaking on behalf of his father Rick Van Vleet, former owner of 5101 South
County Road #7, urged approval of the annexation. He read a letter from his father stating that if
he had retained the property he would have requested annexation and LMN zoning,that the area had
been"irrevocably changed"by the Observatory Village and Morningside Townhomes developments,
that it would be difficult for the current property owners to market their lands and homes without
rezoning approval,and that LMN was the proper zoning for the land for the good of the community.
He urged approval of the request for LMN zoning. He stated UE zoning would require that the
homes be"stacked"on one side next to the Stanford property and that LMN zoning would allow the
homes to be spread out.
Councilmember Weitkunat asked about the "stubbing" of streets and the road plan. She asked if
County Road#7 would become a major street in the transportation plan and how Rock Creek Drive
would fit in. Shepard stated Rock Creek Drive was a collector street and that Strauss Cabin Road
would be a minor arterial. He stated it was not built to the minor arterial standard and was
designated on the Master Street Plan as a future improvement (two lane arterial). He stated Rock
Creek Drive was a fully constructed collector.
Councilmember Weitkunat asked for a comparison with other streets. Shepard stated Willox was
a minor arterial.
Councilmember Weitkunat noted that Rock Creek Drive came into the middle of the site and that
it was "stubbed." She asked if that meant that it would be continued. Shepard replied in the
affirmative.
Councilmember Weitkunat asked if Rock Creek Drive would continue through the site onto Strauss
Cabin Road. Shepard replied in the affirmative.
Councilmember Weitkunat asked if that would diminish the size of the site. Shepard stated the gross
acreage would stay the same for density calculation purposes because the right-of-way had not yet
been dedicated. He stated the future right-of-way dedication would be included in this case as part
of the gross for density calculation purposes. He stated after dedication it would be "netted out'
from the parcel.
Councilmember Weitkunat asked for confirmation that there would not be housing wherever the road
would go. Shepard stated that was correct.
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Councilmember Weitkunat asked if this parcel was on the perimeter of the Fossil Creek Area Plan
and how this would fit into the plan. Pete Wray, City Planner, stated this parcel was close to the
outer edge of the Fossil Creek Area Plan study area. He stated the plan area went to I-25 and that
Strauss Cabin Road was close to the outer edge. He stated the existing County FA-1 zoning was
acknowledged in the Structure Plan for the area between Strauss Cabin Road and I-25. He stated
there was significant support during development of the plan for recognizing existing County
subdivisions in the southeast area. He stated there was a handful of existing large lot County
properties within the Fossil Creek Plan area.
Councilmember Weitkunat stated reference was made to some of the work done by the Planning
Department on the issue of annexation and the rural character at the edges of the City. She asked
for the progress being made on that work. Wray stated the Advance Planning staff was working on
finalizing the language for a new zoning district called the Rural Lands District. He stated the
decision to extend the Growth Management Area further south to Carpenter Road required
development of a new zoning district to capture some of the existing County Airport and FA-1 zoned
lands.
Councilmember Weitkunat asked if there was a direct correlation between that proposed zone district
and these seven parcels. Wray stated these interior County developments were not identified as part
of that new zoning classification.
Councilmember Weitkunat asked for confirmation that these parcels were within the Growth
Management Area boundary. Wray replied in the affirmative.
Councilmember Ohlson asked why this could not be delayed until work on the new FA-1 equivalent
zoning district was completed. Wray stated in the Fossil Creek Plan Area and the City Plan Structure
Map these existing County subdivisions were identified to maintain the large lot character. He stated
the Urban Estate designation did not require to the two units per acre maximum or half acre lots.
He stated there was an option to maintain the existing 5-7 acre parcels within the UE zone and an
option to go to half acre lots. He stated the new Rural Lands zoning was specifically identified for
the Fossil Creek Reservoir itself to further reduce residential density and other uses to protect the
corridor and the Fossil Creek Reservoir. He stated there were new standards on the west side ofI-25
for reducing residential development within the quarter mile setback of I-25. He stated these seven
parcels were outside of that quarter mile setback from 1-25 and that staff believed that the Urban
Estate designation recognized and could maintain those large lot properties. He stated the new Rural
Lands zoning would allow one unit per 10 acres or clustered residential at 1:2.29.
Councilmember Ohlson asked if staff would recommend the use of the new Rural Lands district in
this case if it was available. Wray stated staff would not recommend this.
Councilmember Brown asked if there was a maximum of 50 units with the LMN zoning. Shepard
stated the zone district allowed a maximum density of eight dwelling units per gross acre. He stated
under LMN development it was rare to see such a density.
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Councilmember Brown asked how many units would be permitted in the UE zone. Shepard stated
two units per acre would be allowed with half acre lot minimums. He stated the clustered
development plan scenario would also mean that the maximum was two dwelling units per acre.
Councilmember Kastein asked if the zoning to the east was FA-1. Shepard replied in the affirmative.
Councilmember Kastein asked if there was a FA-1 designation in the Structure Plan. Shepard
replied in the affirmative.
Councilmember Kastein asked if the"feathering"with UE was delineated on the Structure Plan Map.
Shepard presented visual information showing the Growth Management Area boundary, the LMN
and UE areas,the gravel pits east of the bluff and the subject site. He stated the Structure Plan Map
included the County areas that were in the Growth Management Area. He pointed out the area
recommended for UE zoning and the area further away that was suggested for inclusion in the new
Rural Lands district (an area currently zoned County FA-1).
Councilmember Kastein asked if the UE and FA-1 designations were separate and distinct in the
Structure Plan. Shepard replied in the affirmative.
Mayor Hutchinson noted that the Planning and Zoning Board had a split vote on the UE zoning
recommendation. He requested a brief summary of how the UE,LMN and FA-1 equivalent zonings
would apply in this case. Wray stated the Fossil Creek Plan did not include a recommendation to
designate the stretch of land between I-25 and Strauss Cabin Road in any of the City zoning
categories. He stated the existing County zoning was acknowledged in that area i.e.one unit per2.29
acres. He stated the Urban Estate designation was primarily in City Plan to acknowledge existing
County development. He stated there was a range of lot sizes throughout Fort Collins in existing
subdivision from one to two acres,up to seven acres in the Fossil Creek area, seven acre parcels off
of Timberline, and mostly five acres and one parcel of about 10 acres in this particular line of
parcels. He stated further to the west LMN called for a minimum of five units per acre and up to 12
for a single phase. He stated this was the sequence of density.
Mayor Hutchinson asked why staff would not consider the equivalent Rural Lands zoning for this
particular situation. Wray stated the City was acknowledging the existing County development
pattern and recognizing an opportunity for some increased development potential. He stated FA-1
(one unit per 2.29 acres)would represent about .4 units per acre. He stated there was an option to
recognize that full large lot or future development potential up to a maximum of half-acre lots.
Mayor Hutchinson asked for confirmation that staff supported the UE option. Wray replied in the
affirmative. He stated the new Rural Lands zoning would be considered for future zoning around
the Fossil Creek Reservoir buffer area,the Carpenter Road area where the City wanted to protect the
airport critical area and corridor area,the Wildflower Subdivision near Trilby and Taft,and a parcel
in the northwest corner of the Growth Management Area containing existing County parcels.
Mayor Hutchinson asked if this was therefore not one of the specific areas that staff felt would be
appropriate for the new Rural Lands zoning. Wray stated staff did not feel that the new zoning
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would be appropriate in this case. Greg Byrne,CPES Director,stated the County's FA-1 zoning was
a 100,000 square foot lot and that those lots were often on septic tanks. He stated when property was
annexed into the City it generally came onto City services. He stated UE zoning would allow the
maintenance of half-acre lots and increased development potential to help offset the cost ofproviding
full urban services.
Mayor Hutchinson asked the City Attorney to summarize the Council's responsibilities on this
agenda item. City Attorney Roy stated Resolution 2005-068 would find that the property was
eligible for annexation under the State criteria. He stated the Ordinance No.068,2005 would annex
the property and that Ordinance No. 069,2005 would zone the property. He noted that there would
be two readings for the annexation and zoning ordinances. He stated State law permitted the
annexation of a property and a delay of up to 90 days to place the property in a zone district.
Mayor Hutchinson noted that he understood that the applicant wanted to make a statement.
Michael Chalona, Land Images, Inc.,representing the applicant, stated the applicant was requesting
LMN zoning. He presented visual information relating to the project and its surroundings. He stated
the Comprehensive Plan allowed for annexation and amendments to be made to zoning. He stated
there had been a change in the character of this area since the last amendment to the framework plan
in 2000. He stated approval of LMN zoning would create better connectivity of streets, walks and
utility extensions. He stated the Comprehensive Plan was a guide to decision making and needed
to be reviewed,revised and updated on an as needed basis. He stated this was a case requiring such
a change. He stated the LMN zone district was divided by an arbitrary fence line. He stated staff s
report indicated that edges typically consisted of major streets, drainageways, irrigation ditches,
railroads, train tracks and major physical features such as Strauss Cabin Road or the Fossil Creek
inlet ditch. He stated there should be that kind of zone district definition instead of a fence line. He
presented aerial images showing the character change of the area from 1999 to the present. He stated
the Comprehensive Plan should be updated in this area because of the change in character. He
showed an image of Observatory Village and the fence line referenced above. He stated a number
of projects had been approved in the area, including Brookfield (Morningside Townhomes) and
Willow Brook 2nd Filing, a higher density LMN development that would transition and buffer from
the higher density Morningside development to the single-family residential development of
Observatory Village. He stated there was stubbing of roads into the UE zoned projects. He showed
visual information relating to the LMN zoning surrounding the project and Harmony Corridor on the
north. He stated the project to the south of Kechter Road was about 50 acres and would add about
200 houses to the south of the strips of UE lots,essentially creating an enclave. He stated the major
division line between the zone districts should be a physical feature rather than a fence.
("Secretary's Note:The Council took a brief recess at this point for the benefit of the stenographer.)
Mayor Hutchinson noted that there was some confusion in informing the applicant about the amount
of time available to speak. He stated Council would give five more minutes to Mr.Chalona to speak
on behalf of the applicant.
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Mr. Chalona stated the property south of Kechter Road was designated LMN zoning and that 200
houses would be developed. He stated there was multifamily housing to the north with zero buffer
or setback and higher density LMN just to the west. He stated City staff was working on amending
the Growth Management Area boundary in the Fossil Creek Plan. He stated this could be an
opportunity to look at this one particular parcel. He stated it would make sense to have a minor
collector(Rock Creek Drive) running through and dividing this property, with LMN zoning in the
north half and Rock Creek Drive becoming the zone district divider. He stated LMN zoning would
be compatible with the greater neighborhood of Morningside and Observatory Village as well as the
seven lots along Strauss Cabin Road. He stated LMN would provide a greater landscape buffer,
while UE zoning would mean 7-8 houses backing up to the south property line. He stated there
would be a'-domino effect"with LMN zoning only if the current resident chose to sell the property.
He stated LMN zoning would allow for a better profit if the current resident chose to sell. He stated
realtors and developers had expressed concern that UE zoning would mean multifamily housing
buildings 25 feet from the property line. He stated a petition had been presented to the Council with
48 signatures from Morningside and Observatory Village. He stated a majority of those individuals
lived right next to this site and would welcome the greater benefit of the extension of Rock Creek
Drive. He noted that those individuals had no objection to the annexation or to LMN zoning. He
stated the immediate neighbors to the south had no objection to the annexation and zoning to LMN.
He asked that the Council approve LMN zoning because of the change of character in the area since
the plan was originally amended in 2000, the extension of the minor collector(Rock Creek Drive),
the support of the immediate neighbor to the south, the support of neighbors of Morningside and
Observatory Village, the pending amendment of the Fossil Creek Map, and the economic benefits
of having new residents who would pay building permit fees and taxes. He asked for approval of
the annexation and zoning to LMN.
Councilmember Weitkunat made a motion, seconded by Councilmember Roy, to adopt Resolution
2005-068. The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson,
Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED
Councilmember Roy made a motion, seconded by Councilmember Weitkunat, to adopt Ordinance
No. 068, 2005 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers
Brown, Hutchinson, Kastein, Manvel, Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED
Councilmember Kastein made a motion, seconded by Councilmember Brown, to adopt Ordinance
No. 069, 2005 on First Reading.
Councilmember Kastein stated this would zone the property UE. He stated this would work as the
Structure Plan intended to feather densities.
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Councilmember Manvel stated he would abstain on the vote on this motion because he was not
present for the entire discussion on this issue. He stated he would watch the tape of the meeting
prior to Second Reading and hoped to be prepared to vote on the Ordinance at that time.
Councilmember Ohlson stated he would support the motion because of the feathering aspect of the
plan.
The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein,
Ohlson, Roy and Weitkunat. Nays: None. (Councilmember Manvel abstained)
THE MOTION CARRIED
Ordinance No. 070, 2005,
Making Various Amendments to the
City of Fort Collins Land Use Code. Adopted on First Reading
The following is staffs memorandum on this item.
"EXECUTIVE SUMMARY
Staff has identified a variety of proposed changes, additions and clarifications in the Spring
biannual update of the Land Use Code. On May 19, 2005, the Planning and Zoning Board
considered the proposed changes and voted 6-0 to recommend approval of the proposed changes
to City Council. The Board then voted 5-1 to recommend to Council that staff be directed to
reexamine the neighborhood compatibility criteria related to Small Scale Reception Centers. These
actions are summarized in the attached memo.
BACKGROUND
The Land Use Code was first adopted in March of 1997. Subsequent revisions have been
recommended on a biennial basis to make changes, additions, deletions and clarifications that have
been identified in the preceding six months. The proposed changes are offered in order to resolve
implementation issues and to continuously improve both the overall quality and "user-friendliness"
of the Code.
Attachments include a summary of the Planning and Zoning Board's action and a summary of all
the issues as well as the draft Ordinance itself.
In addition, at the March 22 work session, Council requested three additional items. First, a report
on Parking Flexibility is provided in response to the question on finding two specific commercial
parking code standards that could be applied on a flexible basis. Second, a diagram is provided
indicating how increasing the number ofdwelling units per building in the L-M-Nzone beyond the
present maximum ofeight to twelve could create additional open space or larger yards. Third, more
information is provided on the C-L, Limited Commercial zone district. "
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City Manager Atteberry introduced the agenda item.
Ted Shepard, City Planner, stated this was the spring 2005 Land Use Code update and clarification.
He stated staff was responding to tasks assigned at the March 22 City Council Work Session. He
stated the Planning and Zoning Board was asking the City Council to direct staff to take a look at
the access criteria for small scale reception centers in the Urban Estate zone. He stated staff would
be available to answer questions.
Mayor Hutchinson stated each audience participant would have five minutes to speak.
Mike Sollenberger, 3937 Harbor Walk Lane, spoke regarding the possibility of adding a land use
type into the LMN zone. He stated he had recently done the Maple Hill project east of the Country
Club consisting of 160 acres of LMN and that a need was found to amend the building type to allow
for 12 units per building and three stories. He stated the primary reason for this change was
affordability. He stated this would also be desirable from an open space point of view. He stated
in this specific example that he was not asking for an increase in density and that the overall density
would still be 12 dwelling units per acre. He stated the change would be to include those in 16
buildings instead of 24 buildings. He stated building a third story on a two-story structure would
drop the overall cost per square foot for all of the units by 15-20+percent depending on the structure.
He stated this would also add some"interest"to what could be built. He asked that Council ask staff
for a study of this matter for the fall land use changes.
Mark McCallam,5344 Copernicus Drive,supported the potential Code modification to increase the
number of units from eight to 12 or greater within the LMN zone. He stated this change would be
good for Observatory Village and the LMN zone. He stated five distinct housing types were offered
in Observatory Village. He stated with the Code change there would 11 acres in the northwest
corner of Observatory Village that could be used for senior housing to add diversity to the
demographics of the development. He stated the proposed Code change would allow developers to
get more creative. He asked that Council go forward with a Code change to allow more units per
building in the LMN zone.
Len McBroom,president of McBroom Company, 820 16th Street, Denver, stated Fort Collins was
one of the top markets suggested for senior housing. He stated he had a new senior housing concept
that did not yet exist in the City. He stated this new concept was 100% independent living that
focused on "extending wellness" for independent, healthy seniors. He stated many seniors would
relocate here to be near caregiver family members. He stated he would partner with Village Homes
of Colorado on this new concept. He stated a market study had been completed and that a concept
meeting had been held with staff. He stated staff indicated that the project was in the LMN zone
across the street from the Harmony Corridor and the new Fossil Ridge High School. He stated he
favored the proposed land use change to increase the number of units allowed per building in the
LMN zone. He stated the proposed development would be 80 apartments in a three-story building
with interior corridors, elevators, and attached and detached parking. He stated the overall density
would be no more than 12 per acre for the whole community. He stated the project would create a
connection between the family environment and the high school. He stated "volunteerism and
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community service would be a huge component" of this concept. He stated the benefits to the
community were a desirable new housing type, compatibility with the LMN zone once the
modification was made to the existing Code, and a project that would meet a need in the City. He
stated the benefit to the applicant would be a more efficient process to bring this concept to the
marketplace and more efficient operation of the project.
Dennis Houska, 1114 Clubview Terrace, Choice Towing, stated he was interesting in being able to
add towing to the CL zone. He stated the business had to be relocated after the company's name was
changed to Choice Towing because towing was no longer considered to be an extension of the
business. He stated he would like the ability to run his auto repair and towing business in the CL
zone.
Councilmember Ohlson asked about item #686 referenced by Mr. Houska and whether something
was being done with regard to the change and whether it matched what was being requested.
Shepard stated the proposed change matched what was being requested by Mr. Houska and was
included in the proposed change as #686.
Councilmember Ohlson asked if the fall Code changes would be made in approximately six months.
Shepard stated staff would begin working on the changes late in July and that the changes would
ultimately be brought to the Council in November or December.
Councilmember Ohlson asked if 12-unit buildings were allowed in other zones. Shepard replied in
the affirmative.
Councilmember Ohlson noted he did not want staff to "rush" the change to the LMN zone since
changes could be made at times other than the fall changes. Shepard stated changes could be done
out of sequence at times other than the spring and fall package changes.
Councilmember Brown asked if there would a study presented to Council regarding the 12-plex
change in the LMN zone and the impact on transportation and parking. Shepard stated each project
would be responsible for a transportation impact study and providing the minimum required parking.
Councilmember Weitkunat asked if staff needed direction from Council on whether to incorporate
the 12-plex LMN issue in the fall change package. Shepard replied in the affirmative.
Councilmember Weitkunat stated she would like staff to take a look at the issue of 12-plexes in the
LMN zone for the fall Code change cycle because of affordable housing issues and the need for
senior housing. She stated the Land Use Code was a"living document" that changes to reflect the
needs of the community.
Mayor Hutchinson asked if three or more Councilmembers wanted to provide direction for staff to
look at the 12-plex issue for the fall Code changes. He stated he would support this study.
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Councilmember Kastein stated he would support the study for the next cycle. He asked why the
Council must give such direction at this point in the process. Shepard stated staff took this matter
to the Planning and Zoning Board in April and the Board was not comfortable with proceeding on
the matter.
Councilmember Kastein stated he would support the study and that the three-story issue would have
to be discussed. He stated he had questions about the process that might be a policy agenda issue.
He asked what would happen if Council wanted to direct a more comprehensive look at the Land
Use Code in some particular areas such as density requirements, parking requirements, distance
requirements, etc. He asked if the process as currently structured would work for all of those kinds
of things or whether Council would need to express an interest in a dialogue on specific areas.
Shepard stated it was helpful to hear from Council directly when dealing with substantive policy
changes. He stated the Land Use Code team worked on "continuous improvement" changes to the
Code. Greg Byrne, CPES Director, stated if three or more members of the Council wished to direct
staff to look at a specific area that it would be helpful to have input from Council on concerns to help
guide staffs work.
Councilmember Manvel stated the affordability aspect made this appealing. He stated he would
support a review of the 12-plex LMN issue.
Councilmember Roy stated he was interested in how the concept and design presented by the
developers would integrate with open space features and what the architectural standard would be.
He stated he was also interested in seeing schematics for the Lakewood project referenced by one
of the developers (the Concordia project).
Councilmember Ohlson stated he would support the 12-plex study. He noted that the eight-plexes
were just added to the LMN zone with mass, scale and aesthetic conditions. He stated this would
be a"quantum leap" and that he did not want to imply that a decision had already been made on the
12-plex change. He stated he was open to a study and to considering new building types for
environmental reasons. He noted that "cost did not equal price" on projects and that he was not in
favor of the study for affordability reasons since there was no evidence that the change would save
anyone who lived there any money. He stated the issue should be looked at from an urban planning
standpoint. He stated if this was brought forward that there should be very strict guidelines and high
standards.
City Manager Atteberry stated staff would bring back an informed recommendation that would look
at other examples and additional criteria.
Mayor Hutchinson asked if this should be discussed at a Work Session or whether staff had enough
guidance to proceed with a study. Byrne stated he believed that there was an interplay between the
issue of density mentioned by Councilmember Kastein and the 12-plex issue. He stated it could be
helpful to discuss this at a Work Session before staff proceeded with its work.
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Councilmember Weitkunat stated she would like to proceed with the decision on the Code changes
that had been brought forward at this time.
Mayor Hutchinson stated he understood staff would like to have a brief Work Session discussion on
the issues that had been brought up. City Manager Atteberry stated the next available Work Session
would not be until September. He suggested giving staff time to look at the agenda schedule.
Mayor Hutchinson suggested that staff outline the process and the issues heard via e-mail.
Councilmember Ohlson stated it appeared that the Council favored studying the matter provided the
"bar was raised" as far as design. He suggested the staff work could proceed on the 12-plex issue
separate from any discussion on density. City Manager Atteberry stated the CPES Director was
indicating that it would be helpful to have a Work Session discussion because of the increased
building size and how that would relate to density. He stated staff could proceed with the work
without a Work Session discussion if that was Council's direction.
Councilmember Roy stated this seemed to be two separate discussions: (1) the higher standard for
architecture, open space tie-in and the height in the zone, and (2) density. Byrne stated staff could
provide an e-mail regarding staff s understanding of the scope of the staff work.
Mayor Hutchinson stated the consensus was to proceed as outlined by the CPES Director.
Councilmember Weitkunat stated there was a 35-acre strip involved with the CL zone issue. She
stated outdoor storage would be allowed as a permitted use in the CL zone with the Code change.
She stated this implied that anyplace along the 35-acre strip could put in outdoor storage. Shepard
stated outdoor storage would be a permitted use zone district wide.
Councilmember Weitkunat asked if the outdoor storage would be defined as a"towing impound lot."
Shepard stated a separate definition of outdoor storage was created for this zone and that there were
limits so that the definition would not include auto salvage. He stated this permitted use as defined
would be the only type of outdoor storage allowed in the CL zone.
Councilmember Weitkunat expressed a concern that there could be a proliferation of outdoor
impound lots along Riverside Drive. Shepard stated the Land Use Code would permit that.
Councilmember Kastein made a motion, seconded by Councilmember Manvel,to adopt Ordinance
No. 070, 2005 on First Reading.
Councilmember Kastein stated he looked forward to Council's policy agenda discussion and that he
would be making suggestions relating to the Land Use Code (density, parking, separation
requirements) and that he would be asking for a more comprehensive outreach. He stated he
supported the amendments that were before the Council at this time.
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June 7, 2005
Mayor Hutchinson stated the policy agenda discussions would be important. He stated he would be
looking for Council interest in adding some administrative flexibility to the administration of the
Land Use Code.
Councilmember Roy stated he would be interested in giving stakeholders a chance to provide
feedback on the policy agenda. He noted that the Council would discuss the policy agenda on
Monday, June 20.
Councilmember Ohlson stated he would look forward to being an "alternative viewpoint" to some
of the Land Use Code changes that could emerge during the policy agenda discussion. He stated the
"ultimate stakeholders" were the citizens of Fort Collins. He urged the Council to proceed
cautiously with changes to the Land Use Code.
Mayor Hutchinson stated this Council would be discussing the policy agenda in an open session that
would be televised on Monday, June 20.
The vote on the motion was as follows: Yeas: Councilmembers Brown, Hutchinson, Kastein,
Marvel, Ohlson, Roy and Weitkunat. Nays: None.
THE MOTION CARRIED
Other Business
Councilmember Weitkunat made a motion,seconded by Councilmember Brown,to cancel the June
21,2005 City Council meeting due to the Colorado Municipal League Conference. The vote on the
motion was as follows: Yeas:Councilmembers Brown,Hutchinson,Kastein,Manvel,Ohlson,Roy
and Weitkunat. Nays: None.
THE MOTION CARRIED
Adjournment
The meeting adjourned at 9:10 p.m.
Mayor
ATTEST:
City Clerk
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