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HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 05/15/2012 - COMPLETE AGENDAKaren Weitkunat, Mayor Kelly Ohlson, District 5, Mayor Pro Tem Council Chambers Ben Manvel, District 1 City Hall West Lisa Poppaw, District 2 300 LaPorte Avenue Aislinn Kottwitz, District 3 Wade Troxell, District 4 Cablecast on City Cable Channel 14 Gerry Horak, District 6 on the Comcast cable system Darin Atteberry, City Manager Steve Roy, City Attorney Rita Harris, Interim City Clerk The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Assisted hearing devices are available to the public for Council meetings. Please call 221-6515 (TDD 224-6001) for assistance. REGULAR MEETING May 15, 2012 Proclamations and Presentations 5:30 p.m. A. Proclamation Declaring May 2012 as Poppy Month. B. Proclamation Declaring May 13-19, 2012 as Police Week. Regular Meeting 6:00 p.m. PLEDGE OF ALLEGIANCE 1. CALL MEETING TO ORDER. 2. ROLL CALL. Page 2 3. AGENDA REVIEW: • City Manager Review of Agenda. • Consent Calendar Review. This Review provides an opportunity for Council and citizens to pull items from the Consent Calendar. Anyone may request an item on this Calendar be “pulled” off the Consent Calendar and considered separately. N Council opportunity to pull Consent Calendar items. (will be considered under Item No. 20) N Citizen opportunity to pull Consent Calendar items. (will be considered under Item. No. 24) 4. CITIZEN PARTICIPATION 5. CITIZEN PARTICIPATION FOLLOW-UP This is an opportunity for the Mayor or Councilmembers to follow-up on issues raised during Citizen Participation. CONSENT CALENDAR The Consent Calendar consists of Items 6 through 16. This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. The Consent Calendar consists of: ! Ordinance on First Reading that are routine ! Ordinances on Second Reading that are routine ! Those of no perceived controversy ! Routine administrative actions. Individuals who wish to make comments regarding items remaining on the Consent Calendar or wish to address the Council on items not specifically scheduled on the agenda must first be recognized by the Mayor or Mayor Pro Tem. Before speaking, please sign in at the table in the back of the room. The timer will buzz once when there are 30 seconds left and the light will turn yellow. The timer will buzz again at the end of the speaker’s time. Each speaker is allowed 5 minutes. If there are more than 6 individuals who wish to speak, the Mayor may reduce the time allowed for each individual. ! State your name and address for the record. ! Applause, outbursts or other demonstrations by the audience are not allowed ! Keep comments brief; if available, provide a written copy of statement to City Clerk Page 3 6. Second Reading of Ordinance No. 035, 2012, Appropriating Unanticipated Grant Revenue in the General Fund and Authorizing the Transfer of Appropriated Amounts Between Accounts and Projects for the Multi-jurisdictional Northern Colorado Drug Task Force. This Ordinance, unanimously adopted on First Reading on May 1, 2012, appropriates three grant awards received from the Office of National Drug Control Policy and the Department of Justice in the amount of $201,579 for the operation of the Northern Colorado Drug Task Force to help fund the investigation of illegal narcotics activities in Larimer County. Also, $142,784 will be transferred from the NCDTF forfeiture reserve account to the City of Fort Collins General Fund to establish the 2012 annual operating budget for expenses that are not grant funded. 7. Second Reading of Ordinance No. 036, 2012, Appropriating Additional Unanticipated Grant Revenue in the General Fund for the Exterior Preservation and Reconstruction of the Avery Building at the Intersection of College and Mountain Avenues. Unexpected costs, including higher bid prices and additional work requested by the owner, have resulted in the Avery Building restoration and renovation project costing more than originally provided for. The original cost of $430,270 was funded by a State Historic Fund grant for $215,135, matched by an equal amount provided by the property owner, Avery Building, LLC. This Ordinance, unanimously adopted on First Reading on May 1, 2012, appropriates additional revenue in the amount of $220,000 provided by the property owner to the City to cover the additional costs. The award- winning project is nearing completion, and is expected to be finished at the end of May 2012. 8. Second Reading of Ordinance No. 037, 2012, Authorizing the Conveyance of a Permanent, Non- Exclusive Utility Easement on City Parks Property to Maple Hill Master Association. In April 2004, the City of Fort Collins Parks Department acquired Tract I, Maple Hill, located in northeast Fort Collins, near Turnberry and Country Club Road. The City purchased this tract for a future public neighborhood park as well as for access, drainage and utility easements. This Ordinance, unanimously adopted on First Reading on May 1, 2012, authorizes the conveyance of a utility easement for an eight-foot wide irrigation easement through the corner of Tract I to Maple Hill Homeowners Association. 9. Second Reading of Ordinance No. 038, 2012, Annexing Property Known as the Wild Plum Farm Annexation No. 1. Ordinance No. 038, 2012, unanimously adopted on First Reading on May 1, 2012, annexes 0.64 acres located on the east side of North Taft Hill Road, approximately 1,750 feet north of West Vine Drive. The property is developed and is in the FA – Farming Zone District in Larimer County. The surrounding properties are currently zoned FA – Farming in the Larimer County to the north, west and south; and, Urban Estate in the City (Lincoln Middle School) to the east. The zoning ordinance is being considered on First Reading on May 15, 2012. 10. Second Reading of Ordinance No. 040, 2012, Annexing Property Known as the Wild Plum Farm Annexation No. 2. Ordinance No. 040, 2012, unanimously adopted on First Reading on May 1, 2012, annexes 3.32 acres located on the east side of North Taft Hill Road, approximately 1,750 feet north of West Vine Drive. The property is developed and is in the FA - Farming District in Larimer County. The surrounding properties are currently zoned FA – Farming in the Larimer County to the north, west and south; and, Urban Estate in the City (Lincoln Junior High School) to the east. The zoning ordinance is being considered on First Reading on May 15, 2012. Page 4 11. First Reading of Ordinance No. 041, 2012, Appropriating Unanticipated Revenue in the Street Oversizing Fund, Authorizing the Transfer of Existing Appropriations in the Street Oversizing Fund for Transfer to the Capital Projects Fund, Appropriating Unanticipated Revenue in the Capital Projects Fund for the Turnberry Road Improvements Project, and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. With the development of the Maple Hill, Brightwater Landings, and Richards Lake subdivisions, arterial street improvements are planned for Turnberry Road between Country Club Road and Brightwater Drive. Each of these subdivisions is required to construct local street improvements along their respective Turnberry Road frontages. These improvements have now been incorporated into a larger, City managed project to construct a new two lane arterial roadway east of the existing roadway between Country Club Road and Brightwater Drive. In addition, a pedestrian underpass for a City Parks Trail will be constructed under Turnberry Road as part of this project. The project will also relocate and upgrade utility infrastructure, including the installation of stormsewer and street light improvements as per the approved development plans. Except for the pedestrian underpass which is funded by the Parks Planning Department and the relocation of a water main funded by the East Larimer County (ELCO) Water District, the project will be funded through developer contributions and the Street Oversizing Program. The improvements are in accordance with both the Master Street Plan and the Mountain Vista Subarea Plan 12. Hearing and First Reading of Ordinance No. 042, 2012, Amending the Zoning Map of the City and Classifying for Zoning Purposes the Property Included in the Wild Plum Farm Annexation Numbers 1 and 2 to the City of Fort Collins, Colorado. This is a request to zone 3.96 acres located on the east side of North Taft Hill Road, approximately 1,750 feet north of West Vine Drive. The property is developed with an existing single family residence and horse boarding stable and is in the FA – Farming Zone District in Larimer County. The surrounding properties are currently zoned FA – Farming in the Larimer County to the north, west and south; and, Urban Estate in the city (Lincoln Middle School) to the east. The requested zoning for these annexations is Urban Estate. Horse boarding facilities are an allowed use in the Urban Estate zone district. Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will not be necessary as this property is already in the District. The “Residential Neighborhood Sign District” was established for the purpose of regulating signs for nonresidential uses in certain geographical areas of the city which may be particularly affected by such signs because of their predominantly residential use and character. Additionally, as a condition on the requested Urban Estate zoning, staff is recommending the restrictions placed on the property at the County’s Special Review hearing are carried over as restrictions on the horse boarding facility use within the city. 13. First Reading of Ordinance No. 043, 2012, Appropriating Prior Year Reserves and Unanticipated Revenue in the General Fund for Cultural Development and Programming Activities and the Fort Collins Convention and Visitors Bureau. This Ordinance appropriates $43,319 for 2012 Cultural Development and Programming (CDP1) activities and $145,407 for the Convention and Visitors Bureau (CVB) from unanticipated revenues and unspent appropriations in the General Fund Lodging Tax Reserves. Approximately $908,908 in Lodging Tax revenue was collected in 2011 that was distributed to the CDP (70%), CVB (25%) and Visitor Events (CDP2)(5%). After 2011 expenditures and miscellaneous revenue, there is unanticipated revenue and unspent appropriations of $43,319 for CDP and $145,407 for CVB available for activities in 2012. 14. Resolution 2012-033 Adopting the Recommendations of the Cultural Resources Board Regarding Fort Fund Disbursements. Page 5 The Cultural Development and Programming and Tourism Programming accounts (Fort Fund) provide grants to fund community events. This Resolution will adopt the recommendations from the Cultural Resources Board to disburse these funds. 15. Resolution 2012-034 Authorizing the Lease of a Portion of City-Owned Property Located at 200 West Mountain Avenue, Suite B, For Up to Two Years As Part of the Fort Collins Public Access Network (FC-PAN). FC-PAN is the City’s designated public access provider. One of their responsibilities, as required by the City, is to provide and operate a Community Media Center. City Council approved the leasing of this space to FC-PAN in 2008 and in 2010, each for a two year term. In lieu of rent, FC-PAN pays the utilities for its space (449 square feet). 16. Routine Deed and Easement. Right of Way Dedication for additional right-of-way and a Grant and Dedication of a Slope Easement both from The North Poudre Irrigation Company for the South Timberline Road Street Oversizing Project at South Timberline Road and North or Carpenter Road. END CONSENT 17. Consent Calendar Follow-up. This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. 18. Staff Reports. • Homeless Project Connect 19. Councilmember Reports. 20. Consideration of Council-Pulled Consent Items. DISCUSSION ITEMS The method of debate for discussion items is as follows: ! Mayor introduces the item number and subject; asks if formal presentation will be made by staff ! Staff presentation (optional) ! Mayor requests citizen comment on the item (five-minute limit for each citizen) ! Council questions of staff on the item ! Council motion on the item ! Council discussion ! Final Council comments ! Council vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure all citizens have an opportunity to speak. Please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker’s time. Page 6 21. Items Relating to the Completion of the 2012 Spring Cycle of the Competitive Process for Allocating City Financial Resources to Affordable Housing and Community Development Activities Utilizing Funds from the Federal Community Development Block Grant (CDBG) Program and the City’s Human Services Program. (Staff: Heidi Phelps, Sharon Thomas; 15 minute staff presentation; 1 hour discussion) A. Hearing and Resolution 2012-035 Approving the Programs and Projects that Will Receive Funds from the Federal Community Development Block Grant Program and the City’s Human Services Program. (Three Options for Section 2) B. Hearing and First Reading of Ordinance No. 044, 2012, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Program Years in the Community Development Block Grant Fund. C. Public Hearing and Resolution 2012-036 Approving the Fiscal Year 2012 Administration and Project Budgets for the Home Investment Partnership Program. D. Hearing and First Reading of Ordinance No. 045, 2012, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Program Years in the Home Investment Partnership Fund. Resolution 2012-035 will complete the 2012 spring cycle of the competitive process for allocating City financial resources to affordable housing programs/projects and community development activities by listing the specific programs/projects that will receive funding starting October 1, 2012. Ordinance No. 044, 2012, appropriates the City’s FY 2012 CDBG Entitlement Grant from the Department of Housing and Urban Development (HUD). Resolution 2012-036 establishes the major funding categories within the HOME Program for the FY 2012 program year, which also starts on October 1, 2012. Specific projects for the use of HOME funds will be determined in November as a result of the 2012 fall cycle of the competitive process. Ordinance No. 045, 2012, appropriates the City’s FY 2012 HOME Participating Jurisdiction Grant from HUD. 22. Items Relating to Rebates of Property Taxes, Sales Tax on Food, and Utilities. (Staff: John Voss, Jessica Ping-Small; 5 minute staff presentation; 15 minute discussion) A. First Reading of Ordinance No. 046, 2012, Amending Certain Sections of Chapter 25 of the City Code Relating to the City’s Property Tax Rebate. B. First Reading of Ordinance No. 047, 2012, Amending Certain Sections of Chapter 25 of the City Code Relating to the Rebate of the City’s Sales Tax on Food. The Finance Department currently administers three rebate programs for low income, senior and disabled residents. The rebates are for Property Tax, Utilities and Sales Tax on Food which were created in 1972, 1975 and 1985 respectively. The Finance Department is proposing the following changes to provide consistency among the rebates, allow an increased number of residents to qualify for the Property Tax and Utility Refund and simplify the process for applicants. An increase in the rebate amount for the Sales Tax on Food Rebate is also proposed. Highlights of Proposed Changes to Chapter 25: Property Tax Rebate: Change the income qualification from 30% of area median income (AMI) to 50% of AMI to increase the number of senior and disabled residents that qualify and to align with the Sales Tax on Food rebate income qualifications. Update the application period to August 1st through October 31st. Page 7 Utility Refund: Change the income qualification from 30% of area median income (AMI) to 50% of AMI to allow for an increased number of senior and disabled residents to qualify and to align with the Sales Tax on Food rebate income qualifications. Update the application period to August 1 through October 31. No Code amendment is needed to make these changes because Code Section 26-613 states that applicants for utility rebates must meet the same qualifications requirements as applicants for property tax rebates. Sales Tax on Food Rebate: Update the rebate amount from $40 to $54 per member of qualifying household and index the rebate amount moving forward to the local CPI. Update the application period to August 1 through October 31. 23. First Reading of Ordinance No. 048, 2012 Establishing a Moratorium on the Acceptance or Processing of Land Use Applications, Permit Applications, and Other Applications Seeking Approval to Conduct Oil and Gas Extraction or Related Operations Within the City. (Staff: Karen Cumbo; 15 minute staff presentation; 1 hour discussion) Although there has not been a great deal of oil and gas drilling in Larimer County until recently, the discovery of the resource-rich Niobrara formation in this region, and the increased use of horizontal hydraulic fracturing (“fracking”) and directional drilling increase the likelihood of oil and gas drilling in the City of Fort Collins. The State of Colorado has largely pre-empted the regulation of oil and gas drilling, even within municipal boundaries, but City staff is monitoring the recent legislative discussions as well as drilling activity, and proposes the development of regulations, and a moratorium on any oil and gas drilling until those regulations are adopted. 24. Consideration of Citizen-Pulled Consent Items. 25. Other Business. • Motion to Adjourn Meeting to Tuesday, May 22, 2012, for the mid-year evaluations of the Council’s direct employees. 26. Adjournment. Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of considering additional items of business. Any matter which has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which have not yet been considered by Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting. PROCLAMATION WHEREAS, the sacrifices of those who have lost their lives, their health or their livelihood as a result of their military service are rightly the concern of all citizens; and WHEREAS, the annual distribution of the red poppies by the American Legion Auxiliary offers an opportunity for the people of this community to acknowledge those persons who have paid more than their share of the cost for freedom; and WHEREAS, poppies are made by disabled veterans, and the proceeds of this worthy fund- raising campaign are used exclusively for the benefit of disabled and needy veterans and their families, and the widows and orphans of deceased veterans. NOW, THEREFORE, I, Karen Weitkunat, Mayor of the City of Fort Collins, do hereby proclaim the month of May as POPPY MONTH in the City of Fort Collins and I urge the citizens of this community to recognize the merits of this cause by contributing to its support through the donation of funds for poppies on the days set aside for the distribution of these symbols of appreciation for the sacrifices of our honored dead. I further urge all patriotic citizens to wear a poppy on Memorial Day, as just evidence of our gratitude for the men and women of this country who have risked their lives in fulfilling their obligations as American citizens. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 15th day of May, A.D. 2012. __________________________________ Mayor ATTEST: _________________________________ Interim City Clerk PROCLAMATION WHEREAS, there are approximately 900,000 law enforcement officers serving in communities across the United States, including the dedicated members of Fort Collins Police Services; and WHEREAS, nearly 60,000 assaults against law enforcement officers are reported each year, resulting in approximately 16,000 injuries; and WHEREAS, since the first recorded death in 1791, almost 20,000 law enforcement officers in the United States have made the ultimate sacrifice and been killed in the line of duty; and WHEREAS, the names of these dedicated public servants are engraved on the walls of the National Law Enforcement Officers Memorial in Washington, D.C.; and WHEREAS, new names of fallen heroes are being added to the National Law Enforcement Officers Memorial this spring, including 163 officers killed in 2011 and 199 officers killed in previous years; and WHEREAS, the service and sacrifice of all officers killed in the line of duty will be honored during the National Law Enforcement Officers Memorial Fund’s 24th Annual Candlelight Vigil, on the evening of May 13, 2012, as a part of National Police Week; and WHEREAS, May 15 is designated as Peace Officers Memorial Day, in honor of all fallen officers and their families. NOW, THEREFORE, I, Karen Weitkunat, Mayor of the City of Fort Collins, do hereby proclaim the week of May 13 – 19, 2012 as POLICE WEEK in Fort Collins and publicly salute the service of law enforcement officers in our community and in communities across the nation. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 15th day of May, A.D. 2012. __________________________________ Mayor ATTEST: _________________________________ Interim City Clerk DATE: May 15, 2012 STAFF: Greg Yeager AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 6 SUBJECT Second Reading of Ordinance No. 035, 2012, Appropriating Unanticipated Grant Revenue in the General Fund and Authorizing the Transfer of Appropriated Amounts Between Accounts and Projects for the Multi-jurisdictional Northern Colorado Drug Task Force. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on May 1, 2012, appropriates three grant awards received from the Office of National Drug Control Policy and the Department of Justice in the amount of $201,579 for the operation of the Northern Colorado Drug Task Force to help fund the investigation of illegal narcotics activities in Larimer County. Also, $142,784 will be transferred from the NCDTF forfeiture reserve account to the City of Fort Collins General Fund to establish the 2012 annual operating budget for expenses that are not grant funded. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - May 1, 2012 (w/o attachments) C O P Y C O P Y C O P Y C O P Y DATE: May 1, 2012 STAFF: Greg Yeager AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 8 SUBJECT First Reading of Ordinance No. 035, 2012, Appropriating Unanticipated Grant Revenue in the General Fund and Authorizing the Transfer of Appropriated Amounts Between Accounts and Projects for the Multi-jurisdictional Northern Colorado Drug Task Force. EXECUTIVE SUMMARY The City has received three grant awards from the Office of National Drug Control Policy and the Department of Justice in the amount of $201,579 for the operation of the Northern Colorado Drug Task Force (NCDTF) to help fund the investigation of illegal narcotics activities in Larimer County. BACKGROUND / DISCUSSION The NCDTF currently includes Fort Collins Police Services, Loveland Police Department, and Colorado Adult Parole. These grant awards will be used to offset operating expenses for each participating agency. In addition, because of the significant decrease in federal funds available for drug enforcement, the Drug Task Force is transferring $142,784 from its forfeiture reserve account to its 2012 operating budget to cover unfunded expenses. The majority of the forfeiture reserve account is made up of assets seized from people engaged in illegal drug activities. This appropriation is not a request to identify new dollars for the Police Services’ 2012 budget. This action appropriates the $30,241, $93,411, and $77,927 in new federal grant money and authorizes the transfer of $142,784 from the forfeiture reserve account for unfunded operating expenses for 2012. FINANCIAL / ECONOMIC IMPACTS The City has received three grant awards for the operation of the NCDTF. These grants will be used for task force operating expenses. 1. Office of National Drug Control Policy (2011-HIDTA) in the amount of $30,241 2. Office of National Drug Control Policy (2012-HIDTA) in the amount of $93,411. 3. Edward Byrne Memorial Justice Assistance Grant (2011/2012-JAG) in the amount of $77,927. In addition, $142,784 will be transferred from the NCDTF forfeiture reserve account to the City of Fort Collins General Fund to establish the 2012 annual operating budget for expenses that are not grant funded. There is no financial impact to the City of Fort Collins as there are no matching funds required. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. ORDINANCE NO. 035, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE GENERAL FUND AND AUTHORIZING THE TRANSFER OF APPROPRIATED AMOUNTS BETWEEN ACCOUNTS AND PROJECTS FOR THE MULTI-JURISDICTIONAL NORTHERN COLORADO DRUG TASK FORCE WHEREAS, the Office of National Drug Control Policy and Department of Justice has awarded Fort Collins Police Services (“FCPS”) three grants of federal money in the amount of $201,579; and WHEREAS, there is $142,784 in prior reserve funds in the Northern Colorado Drug Task Force (the”Task Force”) Reserve in the General Fund; and WHEREAS, the grants and prior reserve funds will be used by the Task Force to help fund the investigation of illegal narcotics activities and the 2012 annual operating budget of the Task Force; and WHEREAS, the Task Force consists of representatives from FCPS, Loveland Police Department, and Colorado Adult Parole; and WHEREAS, the City and FCPS will administer the grant for the Task Force; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, not withstanding that such reserves were not previously appropriated; and WHEREAS, the City staff has determined that the appropriation of the grant funds as described herein will not cause the total amount appropriated in the General Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during the fiscal year; and WHEREAS, it is the desire of the City Council to appropriate unanticipated revenue and prior reserves in the Task Force Reserve for transfer to the General Fund for appropriation therein for FCPS for the Task Force. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby appropriated from unanticipated grant revenue in the General Fund the sum of TWO HUNDRED ONE THOUSAND FIVE HUNDRED SEVENTY NINE DOLLARS ($201,579) for expenditure, upon receipt, in the General Fund for Police Services for the Northern Colorado Drug Task Force. Section 2. That there is hereby appropriated from prior year reserves in the Northern Colorado Drug Task Force Reserve the sum of ONE HUNDRED FORTY TWO THOUSAND SEVEN HUNDRED EIGHTY FOUR DOLLARS ($142,784) for transfer to the General Fund and appropriated therein, for Police Services for the Northern Colorado Drug Task Force. Introduced, considered favorably on first reading, and ordered published this 1st day of May, A.D. 2012, and to be presented for final passage on the 15th day of May, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk Passed and adopted on final reading on the 15th day of May, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk DATE: May 15, 2012 STAFF: Karen McWilliams AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 7 SUBJECT Second Reading of Ordinance No. 036, 2012, Appropriating Additional Unanticipated Grant Revenue in the General Fund for the Exterior Preservation and Reconstruction of the Avery Building at the Intersection of College and Mountain Avenues. EXECUTIVE SUMMARY Unexpected costs, including higher bid prices and additional work requested by the owner, have resulted in the Avery Building restoration and renovation project costing more than originally provided for. The original cost of $430,270 was funded by a State Historic Fund grant for $215,135, matched by an equal amount provided by the property owner, Avery Building, LLC. This Ordinance, unanimously adopted on First Reading on May 1, 2012, appropriates additional revenue in the amount of $220,000 provided by the property owner to the City to cover the additional costs. The award-winning project is nearing completion, and is expected to be finished at the end of May 2012. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - May 1, 2012 (w/o attachments) C O P Y C O P Y C O P Y C O P Y DATE: May 1, 2012 STAFF: Karen McWilliams AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 9 SUBJECT First Reading of Ordinance No. 036, 2012, Appropriating Additional Unanticipated Grant Revenue in the General Fund for the Exterior Preservation and Reconstruction of the Avery Building at the Intersection of College and Mountain Avenues. EXECUTIVE SUMMARY Unexpected costs, including higher bid prices and additional work requested by the owner, have resulted in the Avery Building restoration and renovation project costing more than originally provided for. The original cost of $430,270 was funded by a State Historic Fund grant for $215,135, matched by an equal amount provided by the property owner, Avery Building, LLC. The property owner has now provided the City with additional revenue in the amount of $220,000 to cover the additional costs. The award-winning project is nearing completion, and is expected to be finished at the end of May 2012. BACKGROUND / DISCUSSION In February 2011, the City of Fort Collins received a State Historic Fund grant for the restoration and reconstruction of the Avery Building, located at the intersection of College and Mountain Avenues. The project is addressing the exterior restoration and rehabilitation of the prominent red sandstone building, including brick and stone masonry restoration, rehabilitation of the original wood windows, and reconstruction of the College Avenue storefronts. The City agreed to sponsor the grant and manage the funds, with staff time being paid for through the grant. Grant and matching funds totaling $430,270 were appropriated by Ordinance No. 043, 2011. The property owner, Avery Building, LLC, has now provided the City with additional revenue in the amount of $220,000 to cover additional costs, necessitating this appropriation ordinance. FINANCIAL / ECONOMIC IMPACTS The City will only be responsible for administering the grant/cash match funds - not any monetary contribution. Grant management services have been provided by Community Development and Neighborhood Services (CDNS) staff. The Avery Building exterior preservation and reconstruction has had positive financial effects on the local economy. The project has generated sales tax revenue from materials and services purchased locally, and due to the property’s higher assessed value, will increase property taxes. Studies by Clarion Associates of Colorado, LLC, show that for each $1 in grant funds, there is an economic return of $6. ENVIRONMENTAL IMPACTS The restoration and rehabilitation of the Avery Block supports the City’s goal of sustainability. As with all historic preservation projects, this project maximizes the use of existing materials and infrastructure, and reduces waste in landfills from demolition costs. Historic buildings were traditionally designed to be energy efficient, with many sustainable features that respond to climate and site. When effectively restored and reused, these features bring about substantial energy savings. Additionally, the Avery Building exterior preservation and reconstruction project will preserve an important and interesting aspect of Fort Collins history. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. ORDINANCE NO. 036, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING ADDITIONAL UNANTICIPATED GRANT REVENUE IN THE GENERAL FUND FOR THE EXTERIOR PRESERVATION AND RECONSTRUCTION OF THE AVERY BUILDING AT THE INTERSECTION OF COLLEGE AND MOUNTAIN AVENUES WHEREAS, the City has been awarded a grant in the amount of $220,000 from the Colorado Historical Society State Historical Fund program; and WHEREAS, the grant will fund the Avery Building preservation and reconstruction project (the “Project”) that includes the exterior restoration and rehabilitation of the original brick, stone masonry, wood, windows, and storefronts along College Avenue; and WHEREAS, the Project has been an ongoing, high-visibility project that has provided both direct and indirect economic benefits to the community; and WHEREAS, the City’s Community Development and Neighborhood Services staff will be responsible for administering the grant/cash match funds on behalf of the property owner but there is no financial obligation by the City; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the State Historical Fund grant funds as described herein will not cause the total amount appropriated in the General Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during the fiscal year; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated from unanticipated grant revenue in the General Fund the sum of TWO HUNDRED TWENTY THOUSAND DOLLARS ($220,000) for expenditure in the General Fund for the exterior preservation and reconstructions of the Avery Building. Introduced, considered favorably on first reading, and ordered published this 1st day of May, A.D. 2012, and to be presented for final passage on the 15th day of May, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk Passed and adopted on final reading on the 15th day of May, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk DATE: May 15, 2012 STAFF: Helen Matson Glen Schlueter AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 8 SUBJECT Second Reading of Ordinance No. 037, 2012, Authorizing the Conveyance of a Permanent, Non-Exclusive Utility Easement on City Parks Property to Maple Hill Master Association. EXECUTIVE SUMMARY In April 2004, the City of Fort Collins Parks Department acquired Tract I, Maple Hill, located in northeast Fort Collins, near Turnberry and Country Club Road. The City purchased this tract for a future public neighborhood park as well as for access, drainage and utility easements. This Ordinance, unanimously adopted on First Reading on May 1, 2012, authorizes the conveyance of a utility easement for an eight-foot wide irrigation easement through the corner of Tract I to Maple Hill Homeowners Association. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - May 1, 2012 (w/o attachments) C O P Y C O P Y C O P Y C O P Y DATE: May 1, 2012 STAFF: Helen Matson Glen Schlueter AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 10 SUBJECT First Reading of Ordinance No. 037, 2012, Authorizing the Conveyance of a Permanent, Non-Exclusive Utility Easement on City Parks Property to Maple Hill Master Association. EXECUTIVE SUMMARY In April 2004, the City of Fort Collins Parks Department acquired Tract I, Maple Hill, located in northeast Fort Collins, near Turnberry and Country Club Road. The City purchased this tract for a future public neighborhood park as well as for access, drainage and utility easements. Maple Hill Homeowners Association has requested a utility easement for an eight-foot wide irrigation easement through the corner of Tract I. BACKGROUND / DISCUSSION Gillespie Farm Development Company developed a subdivision known as Maple Hill, a Replat of 19th Green Planned Unit Development – Phase 1. The Maple Hill Plat was approved in 2003. Gillespie Farm Development Company conveyed all the open space tracts in Maple Hill and the recreation center tract to Maple Hill Master Association, a Colorado Non-Profit Corporation (Maple Hill). Maple Hill is the Homeowner’s Association for the entire Maple Hill Subdivision. Part of Maple Hill’s responsibility is to irrigate all open space tracts as well as the recreation center lot. The City of Fort Collins Parks Department acquired Tract I, Maple Hill in April 2004. The City purchased this tract for a future public neighborhood park as well as for access, drainage and utility easements. This seven acre tract is undeveloped and consists of non-irrigated grasses. Parks estimates that this park will be developed around 2016. Until the park is developed, the tract will remain undeveloped. Maple Hill has requested a utility easement for an irrigation pipe. The width of the easement varies but is approximately eight feet wide for most of its length. This irrigation pipe will be along a curve that contains an existing 30 foot utility easement and an ELCO waterline easement. The location of this requested easement will not affect the future neighborhood park since it is planned to be adjacent to existing easements. Maple Hill plans to bore the irrigation line and not do an open dig. The easement to Maple Hill will require Maple Hill to restore areas disturbed, either at installation or for maintenance. FINANCIAL / ECONOMIC IMPACTS The consideration for this easement is $2,410 which includes the easement processing fee for Real Estate Services. Maple Hill is responsible for all costs of installation and if there are future maintenance issues that need to be corrected, Maple Hill will also be responsible to restore the site to a comparable condition when doing any repair work on the park site. ENVIRONMENTAL IMPACTS Tract I is an undeveloped tract consisting of non-irrigated grasses. Installation of the irrigation pipe will not impact the City’s Tract I. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. ATTACHMENTS 1. Location Map 2. Photo of Area of Impact ORDINANCE NO. 037, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PERMANENT, NON-EXCLUSIVE UTILITY EASEMENT ON CITY PARKS PROPERTY TO MAPLE HILL MASTER ASSOCIATION WHEREAS, the City owns Tract I, Maple Hill, being a Replat of 19th Green Planned Unit Development – Phase 1 (the “Property”); and WHEREAS, the Property was purchased by the City for a future neighborhood park, and for access, drainage and utility purposes; and WHEREAS, Maple Hill Master Association (“HOA”) is the Homeowner’s Association for the Maple Hill Subdivision and is responsible for irrigation of all open space tracts and the Recreation Center lot in Maple Hill; and WHEREAS, the HOA has requested a permanent, non-exclusive easement consisting of 2,472 square feet on the northeasterly portion of the Property for its underground irrigation pipe (the “Easement”); and WHEREAS, the location of the proposed Easement is shown and described on Exhibit “A”, attached hereto and incorporated herein by this reference; and WHEREAS, City staff has evaluated the potential impacts of the proposed Easement, and believes that the Easement would not interfere with the City’s intended use of the Property as a public neighborhood park; and WHEREAS, Section 23-111(a) of the City Code provides that the City Council is authorized to sell, convey, or otherwise dispose of any and all interests in real property owned by the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the conveyance of the Easement as set forth herein is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute a deed of easement conveying the Easement on terms consistent with this Ordinance, together with such other terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary or appropriate to protect the interests of the City or effectuate the purposes of this Ordinance, including, but not limited to, any necessary changes to the legal description of the Easement, as long as such changes do not materially increase the size or change the character of the Easement. Introduced, considered favorably on first reading, and ordered published this 1st day of May, A.D. 2012, and to be presented for final passage on the 15th day of May, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk Passed and adopted on final reading on the 15th day of May, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk DATE: May 15, 2012 STAFF: Courtney Levingston AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 9 SUBJECT Second Reading of Ordinance No. 038, 2012, Annexing Property Known as the Wild Plum Farm Annexation No. 1. EXECUTIVE SUMMARY Ordinance No. 038, 2012, unanimously adopted on First Reading on May 1, 2012, annexes 0.64 acres located on the east side of North Taft Hill Road, approximately 1,750 feet north of West Vine Drive. The property is developed and is in the FA – Farming Zone District in Larimer County. The surrounding properties are currently zoned FA – Farming in the Larimer County to the north, west and south; and, Urban Estate in the City (Lincoln Middle School) to the east. The zoning ordinance is being considered on First Reading on May 15, 2012. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - May 1, 2012 (w/o attachments) This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. There are no issues or known controversies associated with this annexation. C O P Y COPY COPY COPY DATE: May 1, 2012 STAFF: Courtney Levingston AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 11 SUBJECT Items Relating to the Wild Plum Farm No. 1 Annexation. A. Resolution 2012-028 Setting Forth Findings of Fact and Determinations Regarding the Wild Plum Farm Annexation No. 1. B. Hearing and First Reading of Ordinance No. 038, 2012, Annexing Property Known as the Wild Plum Farm Annexation No. 1. EXECUTIVE SUMMARY This is a request to annex 0.64 acres located on the east side of North Taft Hill Road, approximately 1,750 feet north of West Vine Drive. The property is developed and is in the FA – Farming Zone District in Larimer County. The surrounding properties are currently zoned FA – Farming in the Larimer County to the north, west and south; and, Urban Estate in the City (Lincoln Middle School) to the east. The zoning ordinance will come forward on May 15, 2012. BACKGROUND / DISCUSSION The applicant, Shane L. Beckers, the property owner, has submitted a written petition requesting annexation of 0.64 acres located on the east side of North Taft Hill Road, approximately 1,750 feet north of West Vine Drive. The property is developed and is in the FA - Farming District in Larimer County. The requested zoning for this annexation is UE – Urban Estate. The surrounding properties are currently zoned FA – Farming in the Larimer County to the north, west and south; and, Urban Estate in the City (Lincoln Junior High School) to the east. The zoning ordinance will come forward on May 15, 2012 The property is located within the Fort Collins Growth Management Area. According to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement for the Fort Collins Growth Management Area, the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to State law. This property gains the required 1/6 contiguity to existing City limits from a common boundary with the Lincoln Junior High School Second Annexation (October, 1998) to the east. Findings: 1. The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins contained in the Intergovernmental Agreement for the Fort Collins Growth Management Area. 2. The property meets the eligibility requirements included in State law to qualify for a voluntary annexation to the City of Fort Collins. 3. On March 20, 2012, the City Council approved Resolution 2012-017 that accepted the annexation petition and determined that the petition was in compliance with State law. The Resolution also initiated the annexation process for the property by establishing the date, time and place when a public hearing would be held regarding the readings of the Ordinances annexing and zoning the area. 4. The request is in conformance with the City of Fort Collins Land Use Code. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. There are no issues or known controversies associated with this annexation. C O P Y COPY COPY COPY May 1, 2012 -2- ITEM 11 In February 2011, the Larimer County Board of County Commissioners held a Special Review meeting regarding the horse boarding facility located on the subject property. The County Board of Commissioners approved the boarding stable with conditions such as a 25 horse maximum, stable operational conditions and a requirement for the applicant/property owner to petition for annexation into the City. An ordinance proposing zoning with the conditions established by the County will come for Council consideration on May 15, 2012. FINANCIAL / ECONOMIC IMPACTS No direct financial impacts result from the proposed annexation. The property is developed at the present time, containing a single-family residence and a commercial horse boarding facility. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinance on First Reading. BOARD / COMMISSION RECOMMENDATION At its April 19, 2012 meeting, the Planning and Zoning Board conducted a public hearing regarding the annexation and zoning request and voted 6-0 to recommend approval of the annexation. The Board voted 6-0 to recommend that the property be placed in the Urban Estate Zone District. The motion made note of the conditions that were put in place at the time the County Commissioners approved the Special Review. The minutes from the April 19, 2012 Planning and Zoning Board Hearing are attached. PUBLIC OUTREACH The public notification of the annexation and zoning request occurred two weeks prior to the item going before the Planning and Zoning Board at its scheduled public hearing on April 19, 2012. A letter of notification of the public hearing was mailed to all affected property owners within 800 feet of the property 14 days prior to the hearing. The Land Use Code does not require a neighborhood meeting for annexation and initial zoning and a meeting was not held for this annexation and zoning request. ATTACHMENTS 1. Vicinity Map 2. Planning and Zoning Board minutes, April 19, 2012 ORDINANCE NO. 038, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE WILD PLUM FARM ANNEXATION NO. 1 TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2012-017, finding substantial compliance and initiating annexation proceedings, has heretofore been adopted by the City Council; and WHEREAS, the City Council hereby finds and determines that it is in the best interests of the City to annex said area to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following described property, to wit: A tract of land being a portion of the tract of land described in the Warranty Deed recorded November 27, 1996 at Reception No. 96085333; being located in the S 1/2, N 1/2, S 1/2, NW 1/4, SW 1/4 of Section 3, Township 7 North, Range 69 West of the 6th P.M., which considering the West line of the SW 1/4 of said Section 3 as bearing due North with all bearings herein relative thereto is described as follows: Commencing at the Northwest corner of said S 1/2, N 1/2, S 1/2, NW 1/4, SW 1/4; thence along the West line of said SW 1/4 South, 90.60 feet; thence East, 146.75 feet; thence North 44 degrees 01 minutes East, 15.65 feet; thence East, 58.00 feet; thence North, 81.19 feet more or less to the North line of said S 1/2, N 1/2, S 1/2, NW 1/4, SW 1/4; thence North 89 degrees 30 minutes 32 seconds East, 768.80 feet to the Point of Beginning; thence North 89 degrees 30 minutes 32 seconds East, 329.00 feet to the NE corner of said S 1/2, N 1/2, S 1/2, NW 1/4, SW 1/4; thence South 00 degrees 00 minutes 39 seconds West, 164.70 feet to the Southeast corner of said S 1/2, N 1/2, S 1/2, NW 1/4, SW 1/4; thence South 89 degrees 30 minutes 12 seconds West, 10.00 feet; thence North 00 degrees 00 minutes 39 seconds East, 82.35 feet; thence South 89 degrees 30 minutes 32 seconds West, 319.00 feet; thence North 00 degrees 00 minutes 39 seconds East, 82.35 feet to the Point of Beginning. This annexation contains 0.641 acres. is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Wild Plum Farm Annexation No. 1, which annexation shall become effective upon completion of the conditions contained in Section 31-12-113, C.R.S., including, without limitation, submission of all required filings for recording with the Larimer County Clerk and Recorder. Section 2. That, in annexing said property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the property hereby annexed except as may be provided by the ordinances of the City. Section 3. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 1st day of May, A.D. 2012, and to be presented for final passage on the 15th day of May, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk Passed and adopted on final reading on the 15th day of May, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk DATE: May 15, 2012 STAFF: Courtney Levingston AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 10 SUBJECT Second Reading of Ordinance No. 040, 2012, Annexing Property Known as the Wild Plum Farm Annexation No. 2. EXECUTIVE SUMMARY Ordinance No. 040, 2012, unanimously adopted on First Reading on May 1, 2012, annexes 3.32 acres located on the east side of North Taft Hill Road, approximately 1,750 feet north of West Vine Drive. The property is developed and is in the FA - Farming District in Larimer County. The surrounding properties are currently zoned FA – Farming in the Larimer County to the north, west and south; and, Urban Estate in the City (Lincoln Junior High School) to the east. The zoning ordinance is being considered on First Reading on May 15, 2012. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - May 1, 2012 (w/o attachments) This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. There are no issues or known controversies associated with this annexation C O P Y COPY COPY COPY DATE: May 1, 2012 STAFF: Courtney Levingston AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 12 SUBJECT Items Relating to the Wild Plum Farm No. 2 Annexation. A. Resolution 2012-029 Setting Forth Findings of Fact and Determinations Regarding the Wild Plum Farm Annexation No. 2. B. Hearing and First Reading of Ordinance No. 040, 2012, Annexing Property Known as the Wild Plum Farm Annexation No. 2. EXECUTIVE SUMMARY This is a request to annex 3.32 acres located on the east side of North Taft Hill Road, approximately 1,750 feet north of West Vine Drive. The property is developed and is in the FA - Farming District in Larimer County. The surrounding properties are currently zoned FA – Farming in the Larimer County to the north, west and south; and, Urban Estate in the City (Lincoln Junior High School) to the east. The zoning ordinance will come forward on May 15, 2012. BACKGROUND / DISCUSSION The applicant, Shane L. Beckers, the property owner, has submitted a written petition requesting annexation of 3.32 acres located on the east side of North Taft Hill Road, approximately 1,750 feet north of West Vine Drive. The property is developed and is in the FA - Farming District in Larimer County. The requested zoning for this annexation is UE – Urban Estate. The surrounding properties are currently zoned FA – Farming in the Larimer County to the north, west and south; and, Urban Estate in the City (Lincoln Junior High School) to the east. The zoning ordinance will come forward on May 15, 2012. The property is located within the Fort Collins Growth Management Area. According to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement for the Fort Collins Growth Management Area, the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to State law. This property gains the required 1/6 contiguity to existing City limits from a common boundary with the Lincoln Junior High School Second Annexation (October, 1998) to the east. Findings: 1. The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins contained in the Intergovernmental Agreement for the Fort Collins Growth Management Area. 2. The property meets the eligibility requirements included in State law to qualify for a voluntary annexation to the City of Fort Collins. 3. On March 20, 2012, the City Council approved Resolution 2012-018 that accepted the annexation petition and determined that the petition was in compliance with State law. The Resolution also initiated the annexation process for the property by establishing the date, time and place when a public hearing would be held regarding the readings of the Ordinances annexing and zoning the area. 4. The request is in conformance with the City of Fort Collins Land Use Code. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. There are no issues or known controversies associated with this annexation C O P Y COPY COPY COPY May 1, 2012 -2- ITEM 12 In February 2011, the Larimer County Board of County Commissioners held a Special Review meeting regarding the horse boarding facility located on the subject property. The County Board of Commissioners approved the boarding stable with conditions such as a 25 horse maximum, stable operational conditions and a requirement for the applicant/property owner to petition for annexation into the City. An ordinance proposing zoning with the conditions established by the County will come for Council consideration on May 15, 2012. FINANCIAL / ECONOMIC IMPACTS No direct financial impacts result from the proposed annexation. The property is developed at the present time, containing a single-family residence and a commercial horse boarding facility. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinance on First Reading. BOARD / COMMISSION RECOMMENDATION At its April 19, 2012 meeting, the Planning and Zoning Board conducted a public hearing regarding the annexation and zoning request and voted 6-0 to recommend approval of the annexation. The Board voted 6-0 to recommend that the property be placed in the Urban Estate Zone District. The motion made note of the conditions that were put in place at the time the County Commissioners approved the Special Review. The minutes from the April 19, 2012 Planning and Zoning Board Hearing are attached. PUBLIC OUTREACH The public notification of the annexation and zoning request occurred two weeks prior to the item going before the Planning and Zoning Board at their scheduled public hearing on April 19, 2012. A letter of notification of the public hearing was mailed to all Affected Property Owners within 800 feet of the property 14 days prior to the hearing. The Land Use Code does not require a neighborhood meeting for annexation and initial zoning and a meeting was not held for this annexation and zoning request. ATTACHMENTS 1. Vicinity Map 2. Planning and Zoning Board minutes, April 19, 2012 ORDINANCE NO. 040, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE WILD PLUM FARM ANNEXATION NO. 2 TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2012-018, finding substantial compliance and initiating annexation proceedings, has heretofore been adopted by the City Council; and WHEREAS, the City Council hereby finds and determines that it is in the best interests of the City to annex said area to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following described property, to wit: A tract of land being a portion of the tract of land described in the Warranty Deed recorded November 27, 1996 at Reception No. 96085333; being located in the S 1/2, N 1/2, S 1/2, NW 1/4, SW 1/4 of Section 3, Township 7 North, Range 69 West of the 6th P.M., which considering the West line of the SW 1/4 of said Section 3 as bearing due North with all bearings herein relative thereto is described as follows: Commencing at the Northwest corner of said S 1/2, N 1/2, S 1/2, NW 1/4, SW 1/4; thence along the West line of said SW 1/4 South, 90.60 feet; thence East, 40.00 feet to the East Right-of-Way line of North Taft Hill Road and the Point of Beginning; thence East, 106.75 feet; thence North 44 degrees 01 minutes East, 15.65 feet; thence East, 58.00 feet; thence North 81.19 feet more or less to the North line of said S 1/2, N 1/2, S 1/2, NW 1/4, SW 1/4; thence North 89 degrees 30 minutes 32 seconds East, 768.80 feet; thence South 00 degrees 00 minutes 39 seconds West, 82.35 feet; thence North 89 degrees 30 minutes 32 seconds East, 319.00 feet; thence South 00 degrees 00 minutes 39 seconds West, 82.35 feet; thence South 89 degrees 30 minutes 12 seconds West, 1263.40 feet to the East Right-of-Way line of North Taft Hill Road; thence North, 73.88 feet to the Point of Beginning. This annexation contains 3.822 acres. is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Wild Plum Farm Annexation No. 2, which annexation shall become effective upon completion of the conditions contained in Section 31-12-113, C.R.S., including, without limitation, submission of all required filings for recording with the Larimer County Clerk and Recorder. Section 2. That, in annexing said property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the property hereby annexed except as may be provided by the ordinances of the City. Section 3. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 1st day of May, A.D. 2012, and to be presented for final passage on the 15th day of May, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk Passed and adopted on final reading on the 15th day of May, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk DATE: May 15, 2012 STAFF: Kyle Lambrecht Rick Richter AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 11 SUBJECT First Reading of Ordinance No. 041, 2012, Appropriating Unanticipated Revenue in the Street Oversizing Fund, Authorizing the Transfer of Existing Appropriations in the Street Oversizing Fund for Transfer to the Capital Projects Fund, Appropriating Unanticipated Revenue in the Capital Projects Fund for the Turnberry Road Improvements Project, and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. EXECUTIVE SUMMARY With the development of the Maple Hill, Brightwater Landings, and Richards Lake subdivisions, arterial street improvements are planned for Turnberry Road between Country Club Road and Brightwater Drive. Each of these subdivisions is required to construct local street improvements along their respective Turnberry Road frontages. These improvements have now been incorporated into a larger, City managed project to construct a new two lane arterial roadway east of the existing roadway between Country Club Road and Brightwater Drive. In addition, a pedestrian underpass for a City Parks Trail will be constructed under Turnberry Road as part of this project. The project will also relocate and upgrade utility infrastructure, including the installation of stormsewer and street light improvements as per the approved development plans. Except for the pedestrian underpass which is funded by the Parks Planning Department and the relocation of a water main funded by the East Larimer County (ELCO) Water District, the project will be funded through developer contributions and the Street Oversizing Program. The improvements are in accordance with both the Master Street Plan and the Mountain Vista Subarea Plan. BACKGROUND / DISCUSSION Over the past several years, northeast Fort Collins has been subject to growth through development. This is no more apparent than the section of Turnberry Road between Country Club Road and Brightwater Drive. Three residential subdivisions, Maple Hill, Brightwater Landings, and Richards Lake, have developed within this stretch, each with frontages adjacent to Turnberry Road. Per City Code and associated development agreements, each development is obligated to design and improve their frontage along Turnberry Road to local street standards. This includes the construction of 13 feet of roadway improvements, curb and gutter, a six foot landscaped parkway, and a four and a half foot sidewalk. Rather than construct the improvements with the construction of each subdivision, the City and the developers chose to phase the local street improvements, when the need for the improvements was realized. Phasing the roadway improvements results in a more efficient construction project, realizes cost savings due to economies of scale, reduces the disruption to the traveling public by only having one construction project, and completes a significant section of arterial roadway. This project is a compilation of the City approved, developer required improvements along the three frontages of the Maple Hill, Brightwater Landings, and Richards Lake subdivisions. The goals for the project include the following: • Improve the safety and traffic flow for motorists • Provide multimodal improvements like bicycle lanes and sidewalks for pedestrians and cyclists • Relocate Turnberry Road between Country Club Road and Richards Lake Road east of its existing location in accordance with the City approved development plans Per the Master Street Plan and the Mountain Vista Subarea plan, this section of Turnberry Road is classified as a two- lane arterial. With the developments only required to construct local street improvements, the Street Oversizing Program will provide additional contributions to the project in order to complete the full roadway cross-section for a two-lane arterial roadway. Improvements will include the following: • 8’ on-street bike lanes • Two 12’ through lanes • 12’ center turn lane • 12’ right turn lanes at subdivision entrances May 15, 2012 -2- ITEM 11 • 10’ landscaped parkways • 6-foot concrete sidewalks • Roadway drainage improvements • Street lighting The new roadway will be relocated to the east of the existing roadway to address a growing safety issue for the parcels adjacent to Turnberry Road on the west side of the roadway between Country Club Road and Brightwater Drive. A portion of the existing roadway will become an extended driveway for the seventeen parcels, reducing the number of access point to Turnberry from 20 to 2. As the project has evolved, several additional improvements have been added to the construction scope resulting in a multi-faceted project. A pedestrian underpass connecting the Brightwater Landings and Richards Lake subdivisions will be constructed beneath Turnberry Road. Given the depth and location of the pedestrian underpass, a full closure of Turnberry between Richards Lake Road and Brightwater Road is planned in order to safely and efficiently construct the improvements. This will provide a safe trail connection between the communities and planned parks within the area. This portion of the project will be funded by the City’s Parks and Recreation Department. Along with the pedestrian underpass, several private utilities will be upgraded or relocated within the project limits. Taking advantage of the full road closure to construct the underpass, an ELCO water line will be relocated, as will an Xcel high pressure natural gas line. A fiber optic line owned and maintained by Century Link will also be relocated during this time frame. Each of the previously mentioned utilities will be relocated at the cost of the respective utility company. ELCO requested the water line relocation be included in the project’s construction scope. In order to fund the relocation, an additional funding source has been included in the overall project budget. The project is currently completing the design for the project as well as compiling project specifications. Roadway construction is planned to begin in August of 2012 and be completed at the end of October 2012. Pre-construction activities are currently taking place, including public outreach, tree relocations/removals, and a thorough utilities investigation. FINANCIAL / ECONOMIC IMPACTS In order to accommodate the growing project, several funding sources are included in the overall project budget. The following highlights the funding for the project: Funding Summary Street Oversizing Funds (Transfer of Existing Appropriations to Capital Projects Fund) $891,181 Appropriation of Unanticipated Revenue (from Developments) and Transfer to Capital Projects Fund $692,510 Appropriate Unanticipated Revenue from ELCO Funds in the Capital Project Fund $76,000 Subtotal of Funds to be Appropriated by the Ordinance $1,659,691 Parks Funds (GoCO Grants) Previously Appropriated $570,000 Street Oversizing Funds Previously Appropriated (KFCG Funds) $667,309 Total Budgeted Funds $2,897,000 This Council Action will transfer $891,181 of existing appropriations from the Street Oversizing Fund to the Capital Projects Fund, appropriate and transfer $692,510 of unanticipated revenue received from the developments to the Capital Projects Fund, and appropriates $76,000 of unanticipated revenue from ELCO into the Capital Projects Fund for use on the Turnberry Road Improvements Project. The total funds to be appropriated by this Ordinance is $1,659,691. Per Section 23-304 of the City Code, 1% of the appropriated funds, or $16,597.00, will be transferred to the Cultural Services Fund. May 15, 2012 -3- ITEM 11 ENVIRONMENTAL IMPACTS The project will have a positive impact on long-term air and storm water quality. The addition of bicycle and pedestrian facilities, along with a pedestrian underpass beneath the roadway, will increase the number of people walking and biking along Turnberry Road, resulting in a clearly definable air quality improvement. The utility upgrades in this project include improvements to the stormwater distribution system. Stormwater will ultimately be piped to water quality ponds where suspended solids and hydrocarbon contaminants from roadway drainage will be removed prior to discharge into receiving waters. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BOARD / COMMISSION RECOMMENDATION The Transportation Board is scheduled to receive a project update in June 2012. PUBLIC OUTREACH A public open house was held on March 22, 2012 to inform the public of the planned construction. Several property owner meetings have been held to discuss site specific impacts. The project team plans significant public outreach throughout the project, including individual meetings with property owners, regular updates to the property management groups responsible for the three adjacent subdivisions, and project updates to be posted on the project’s website, http://www.fcgov.com/engineering/turnberry.php. The property management group for the three City subdivisions adjacent to the project received a project update on March 21, 2012. ATTACHMENTS 1. Location Map – Turnberry Road Improvements Project BRIGHTWATER DR TURNBERRY RD COUNTRY CLUB RD RICHARDS LAKE RD MAPLE HILL DR Turnberry Road Project Improvement Location Map Project 0 250 500 1,000 1,500 2,000 Feet 1:7,000 ³ Improvement Turnberry Road Area Legend City Limits ³ Long Pond ATTACHMENT 1 ORDINANCE NO. 041, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE STREET OVERSIZING FUND, AUTHORIZING THE TRANSFER OF EXISTING APPROPRIATIONS IN THE STREET OVERSIZING FUND FOR TRANSFER TO THE CAPITAL PROJECTS FUND, APPROPRIATING UNANTICIPATED REVENUE IN THE CAPITAL PROJECTS FUND FOR THE TURNBERRY ROAD IMPROVEMENTS PROJECT, AND TRANSFERRING APPROPRIATIONS TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM WHEREAS, with the growth through development of the Maple Hill, Brightwater Landings, and Richards Lake subdivisions, arterial street improvements are planned for Turnberry Road between Country Club Road and Brightwater Drive; and WHEREAS, in accordance with the City Code and associated development agreements, each subdivision is obligated to design and construct their frontage along Turnberry Road to local street standards; and WHEREAS, the Street Oversizing Fund will collect $692,510 in developer contributions from Maple Hill, Brightwater Landings, and Richards Lake subdivisions to fund their portion of the total Turnberry Road project; and WHEREAS, the Street Oversizing Fund will provide additional contributions from existing appropriations in the amount of $891,181 to the project to complete the full roadway improvements to a two-lane arterial roadway; and WHEREAS, additional funds in the amount of $76,000 will be received from East Larimer County Water District (“ELCO”) for the water line relocation that ELCO has requested with the Turnberry Road Improvements Project; and WHEREAS, the estimated cost to complete the foregoing, collectively referred to as the “Turnberry Road Improvements Project,” is $2,897,000, funded from the revenue sources listed above ($1,659,691), together with $1,237,309 in previously appropriated funds; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the revenue as described herein will not cause the total amount appropriated in the Capital Projects Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund to another fund, provided that the purpose for which the transferred funds are to be expended remains unchanged. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby appropriated from unanticipated revenue in the Street Oversizing Fund the sum of SIX HUNDRED NINETY-TWO THOUSAND FIVE HUNDRED TEN DOLLARS ($692,510) for transfer to the Capital Projects Fund - Turnberry Road Improvements Project and appropriated therein for expenditure on the Project. Section 2. That the unexpended appropriated amount of EIGHT HUNDRED NINETY- ONE THOUSAND ONE HUNDRED EIGHTY-ONE DOLLARS ($891,181) in the Street Oversizing Fund is authorized for transfer to the Capital Projects Fund - Turnberry Road Improvements Project and appropriated therein for expenditure on the Project. Section 3. That there is hereby appropriated from unanticipated revenue in the Capital Projects Fund the sum of SEVENTY-SIX THOUSAND DOLLARS ($76,000) for the Turnberry Road Improvements Project. Section 4. That the unexpended appropriated amount of SIXTEEN THOUSAND FIVE HUNDRED NINETY-SEVEN DOLLARS ($16,597) in the Capital Projects Fund - Turnberry Road Improvements Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program. Introduced, considered favorably on first reading, and ordered published this 15th day of May, A.D. 2012, and to be presented for final passage on the 5th day of June, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk Passed and adopted on final reading on the 5th day of June, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk DATE: May 15, 2012 STAFF: Courtney Levingston AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 12 SUBJECT Hearing and First Reading of Ordinance No. 042, 2012, Amending the Zoning Map of the City and Classifying for Zoning Purposes the Property Included in the Wild Plum Farm Annexation Numbers 1 and 2 to the City of Fort Collins, Colorado. EXECUTIVE SUMMARY This is a request to zone 3.96 acres located on the east side of North Taft Hill Road, approximately 1,750 feet north of West Vine Drive. The property is developed with an existing single family residence and horse boarding stable and is in the FA – Farming Zone District in Larimer County. The surrounding properties are currently zoned FA – Farming in the Larimer County to the north, west and south; and, Urban Estate in the city (Lincoln Middle School) to the east. The requested zoning for these annexations is Urban Estate. Horse boarding facilities are an allowed use in the Urban Estate zone district. Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will not be necessary as this property is already in the District. The “Residential Neighborhood Sign District” was established for the purpose of regulating signs for nonresidential uses in certain geographical areas of the city which may be particularly affected by such signs because of their predominantly residential use and character. Additionally, as a condition on the requested Urban Estate zoning, staff is recommending the restrictions placed on the property at the County’s Special Review hearing are carried over as restrictions on the horse boarding facility use within the city. BACKGROUND / DISCUSSION The applicant/ property owner, Mr. Shane L. Beckers, submitted a written petition requesting annexation of 0.64 acres located on the east side of North Taft Hill Road, approximately 1,750 feet north of West Vine Drive. The property contains an existing single family residence and a commercial horse boarding facility and is in the FA - Farming District in Larimer County. The requested zoning for is Urban Estate. Commercial horse boarding facilities are an allowed use in the Urban Estate zone district. The property is located within the Fort Collins Growth Management Area. According to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Area, the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to State law. This property gains the required 1/6 contiguity to existing city limits from a common boundary with the Lincoln Junior High School Second Annexation (October, 1998) to the east. The surrounding zoning and land uses are as follows: N: FA in Larimer County; existing residential E: UE in the City of Fort Collins; existing Lincoln Middle School S: FA in Larimer County; existing residential W: FA in Larimer County; existing residential In February 2011, the Larimer County Board of County Commissioners held a Special Review meeting regarding the horse boarding facility located on the subject property. The County Board of Commissioners approved the boarding stable with conditions such as a 25 horse maximum, stable operational conditions and a requirement for the applicant/property owner to petition for annexation into the city (minutes from the Board of County Commissioner meeting are attached). May 15, 2012 -2- ITEM 12 Findings: 1. The requested placement into the Urban Estate Zone District is in conformance with the policies of the City's Comprehensive Plan. 2. The zoning request is in conformance with the City of Fort Collins Land Use Code. FINANCIAL / ECONOMIC IMPACTS No direct financial impacts result from the proposed zoning. The property is developed at the present time, containing a single-family residence and a commercial horse boarding facility. ENVIRONMENTAL IMPACTS No direct economic impacts will result with this proposed zoning. The health, safety and well-being of our community and its citizens will not be adversely impacted by the proposed zoning of the property. STAFF RECOMMENDATION Staff recommends approval of the requested Urban Estate Zoning. Additionally, staff is recommending that as a condition of zoning, the restrictions placed on the property at the County’s Special Review hearing are carried over as restrictions on the horse boarding facility use within the city. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board conducted a public hearing regarding the annexation and zoning request on April 19, 2012 and voted 6-0 to recommend approval of the annexation. The Board voted 6-0 to recommend that the property be placed in the Urban Estate Zone District. The motion made note of the conditions that were put in place at the time the County Commissioners approved the Special Review. The minutes from the April 19, 2012 Planning and Zoning Board Hearing are attached. PUBLIC OUTREACH The public notification of the annexation and zoning request occurred two weeks prior to the item going before the Planning and Zoning Board at their scheduled public hearing on April 19, 2012. A letter of notification of the public hearing was mailed to all Affected Property Owners within 800 feet of the property 14 days prior to the hearing. The Land Use Code does not require a neighborhood meeting for initial zonings tied to an annexation and a meeting was not held for this zoning request. ATTACHMENTS 1. Vicinity Map 2. City Structure Plan 3. City Zoning Map 4. Planning and Zoning Board Minutes, April 19, 2012 5. Board of County Commissioners Minutes, February 17, 2011 May 15, 2012 -3- ITEM 12 LINCOLN MIDDLE SCHOOL New Mercer Canal Larimer County Canal #2 Arthur Canal W VINE DR LIBERTY DR N TAFT HILL RD CLOVER LN N BRYAN AVE N FREY AVE LANCER DR STONECREST DR STERLING LN MERCER DR TREVOR ST N BRIARWOOD RD BASIL LN N TAFT HILL RD W VINE DR Wild Plum Farm 1 inch = 600 feet ± Site to be Zoned Aerial Map Lincoln Middle School ATTACHMENT 1 Overland Trail Wil udre River © Wild Plum Structure Annexation Plan and Zoning Boundaries Fort Collins GMA Potential GMA Expansion Other City GMA Planning Area Adjacent Planning Areas City Limits Districts Downtown District Community Commercial District General Commercial District Neighborhood Commercial District Campus District Employment District Industrial District Neighborhoods Urban Estate Low Density Mixed-Use Medium Density Mixed-Use Edges Community Separator Foothills Rural Lands Corridors Open Lands, Parks and Water Corridors Poudre River Corridor Enhanced Travel Corridor (Transit) Site to be Zoned W. Vine Drive N. Taft Hill Road 1 inch = 0.3 miles ATTACHEMENT 2 LINCOLN MIDDLE SCHOOL New Mercer Canal Larimer County Canal #2 Arthur Canal UE LMN RL RL LMN W VINE DR N TAFT HILL RD LIBERTY DR N BRYAN AVE N FREY AVE LANCER DR STONECREST DR CLOVER LN MERCER DR TREVOR ST TARRAGON LN PLAINS CT W VINE DR N TAFT HILL RD Wild Plum Farms Annexation and Zoning 1 inch = ± 600 feet Site to be Zoned City of Fort Collins Zoning Map Legend WaterBodies City Zoning ZONE NCM Limited Commercial Service Commercial Employment Low Density Mixed-Use Neighborhood Neighborhood Conservation Buffer Neighborhood Conservation Low Density Public Open Lands River Conservation Urban Estate ATTACHMENT 3 ATTACHMENT 4 Planning and Zoning Board April 19, 2012 DRAFT minutes ___________________________________________________________________ Project: Wild Plum Farm Annexation # 1, ANX110001 and Wild Plum Farm Annexation # 2, ANX110002 Project Description:Annexation #1 is a request to annex and zone 0.64 acres. Annexation # 2 is a request to annex and zone 3.82 acres. Both are located on the east side of North Taft Hill Road, approximately 1,750 feet north of West Vine Drive. The property is developed and is in the FA - Farming District in Larimer County. The surrounding properties are currently zoned FA – Farming in the Larimer County to the north, west and south; and, UE – Urban Estate in the City (Lincoln Junior High School) to the east. The requested zoning for this annexation is UE – Urban Estate. Recommendation: On both Annexations and Zoning, staff recommends approval of the annexation and recommends that the property be placed in the UE - Urban Estate Zoning District. Hearing Testimony, Written Comments and Other Evidence City Planner Courtney Levingston said the property is developed and has an existing single family residence and horse boarding facility. In February 2011 – Becker’s Stable had a special review before the Larimer County Board of County Commissioners. The County Board approved commercial boarding stable with conditions such as 25 horse maximum, stable operation conditions, and annexation into the city. The requested zoning for this annexation is UE – Urban Estate. The Urban Estate Zone District allows horse boarding facility. The Land Use Code does not limit the number of large animals boarded and if annexed, the City will uphold the maximum large animal condition placed on the property by the Board of County Commissioners. The City’s Neighborhood Services Code Compliance Division will enforce applicable municipal code provisions including:  Municipal Code Section 4-72 applies to personal use and does not apply to commercial operations like Wild Plum Farms. Horses may be kept for the use of occupants of a lot and their guests provided that at least 1/2 acre of pasture area is available for each horse or pony.  Municipal Code Section 4-116 states that in no event shall any person keep at his or her premises more pet animals than can be properly maintained in a healthy condition without presenting a health or safety hazard to the owners, keeper or others and without constituting a nuisance to the occupants of neighboring properties. Staff recommends approval of the annexation and recommends that the property be placed in the UE - Urban Estate Zoning District. Member Schmidt asked if the applicable Municipal Code provisions address the conditions placed on this property by the Larimer County Board of County Commissioners. She also wondered if all the provisions had been completed by June 1, 2011. Finally, she wondered if the city recognizes the Larimer County requirements or do they just become mute once annexed into the city? Levingston said a neighbor with concerns could call Neighborhood Services Code Compliance relative to violations in Code Sections 4-72 and 4-116. Levingston said that Code Section 4-72 applies primarily to personal use; not like this commercial horse boarding facility. She said Code Section 4-116 would apply. It states that in no event shall any person keep at his or her premises more pet animals than can be properly maintained in a healthy condition without presenting a health or safety hazard to the owners, keeper or others and without constituting a nuisance to the occupants of neighboring properties. Levingston said the city would also uphold the maximum number of 25 horses. Deputy City Attorney Daggett said there are a couple of other sections of the code that relate to care and treatment of animals in the city – Sections 4-70 and 4-71 address management of waste and treatment of animals. Vice Chair Campana asked if the county conditions would apply once they’re annexed into the city. Daggett said the limitations the County imposed on the use, would limit the use once it’s annexed. It may be that a recommendation, if there is one, would be helpful to clarify. If there is no condition placed on the zoning, the existing permitted use is up to 25 horses on the site. Campana said beyond the limit of 25 horses, there were 16 conditions shown in their January 10th minutes. Conditions had to do with manure, treatment, facilities for dealing with manure, lighting, etc. Do we need to police that? Has it already been done? Member Schmidt asked if the applicant wants to speak to the questions asked by Vice Chair Campana. Applicant’s Presentation Dr. Shane Becker said he does not have a formal presentation but he is available to answer questions. He said all the conditions set during the permit process he went through with Larimer County have been met. He completed them by the due date and they were signed off by the County before he submitted his application for annexation into the city. They’ve been operating under those conditions. He noted the site plan used earlier in the presentation is inaccurate—that’s not the plan that was approved by the County and it doesn’t show any of the conditions that were required. He said a final plan is probably available through the County. Campana asked if he was prepared to continue to operate under the conditions the county requested when annexed into the city. Becker said yes. Member Schmidt asked Dr. Becker to explain the Resource Stewardship Plan (RSP). Becker said his basic understanding is that he was not required to complete it. The RSP is designed to restrict people—to help them manage themselves. His permit/conditions applied in his situation. Member Carpenter said she was still a little confused by the conditions placed by the county. She understands from the applicant that he’s met all of those. She said in some cases they appear ongoing. She asked what the city has in place to enforce the ongoing issues. Deputy City Attorney Daggett said if you interpret the conditions on the current improved use as defining the legal use; theoretically continued compliance with those conditions could be considered a zoning enforcement matter. This is a legal non- conforming use to the extent it continues consistent with the legal restrictions on the use. Carpenter asked if they needed to recommend that these conditions follow. Daggett said no because they’re driven by the concept of the use as being legal when it comes in. You are not actually imposing new conditions although you could expressly recognize that you’re intending for those existing conditions to continue to be enforced. Public Input None Board Discussion Member Schmidt said she’d like it to be on the record that these conditions be recognized just so that if something does happen (the neighbors have a problem with arena dust, etc.); they can call for enforcement. She believes because of the proximity of the neighbors; the county approved with condition and she believes the city should recognize them. Member Kirkpatrick agreed. Member Schmidt moved the Planning and Zoning Board recommend approval of the Wild Plum Farm Annexation and Zoning No. 1, # ANX110001 making note of the conditions that were put in place at the time the County Commissioners approved the Special Review. Also, the zone should be UE – Urban Estate. Member Kirkpatrick seconded the motion. Motion was approved 6:0. Member Schmidt asked if she should just go forward with the motion for No. 2, #ANX110002. Daggett said you’d like to make the same motion with respect to No. 2. Schmidt asked if there needed to be public comment. Daggett asked if they intended the discussion to cover both items because it appeared to be the case. Schmidt and Campana said yes. The Chair confirmed that there were no requests for public input on No. 2. Member Schmidt said she’d like to make the same motion for Annexation & Zoning No. 2, # ANX110002 as for the No. 1. Member Kirkpatrick seconded the motion. Motion was approved 6:0. 1 ATTACHMENT 5 Minutes of the Board of County Commissioners from January 10, 2011 2. BECKERS STABLE SPECIAL REVIEW, FILE #10-Z1797: This application is a request for approval of a Special Review for a boarding stable allowing up to 35 horses. This site is located on the east side of Taft Hill Road, north of Vine Drive, and south of the Poudre River. The Development Services Team and the Larimer County Planning Commission recommend that the Beckers Stable Special Review, file #10-Z1797, be denied. Chair Donnelly opened the hearing for public comment and Todd Mowrer, Linda Mowrer, and Kathy Doesken spoke in opposition stating that a horse boarding of this size was not not appropriate in this location, and that there was the potential for damage to the water sources and soil at the site. Bruce Connolly and Gene Wilkon spoke in support of the applicants and their proposed plans for improvements, the minimal impacts to the neighborhood, and the Beckers’ professional management of the business. Chair Donnelly closed public comment and much discussion ensued regarding the recommended number of horses at the property, the support for and against this application, and the possibility of the applicant pursuing “grandfathered” status as a historical horse boarding facility. Due to the opposition to the application, the Board stated that they could support a special review for 25 horses, but not the 35 horses originally requested. The Board asked that this item be tabled until February 7, 2011, to allow time for staff to draft conditions of approval. M O T I O N Commissioner Gaiter moved that the Board of County Commissioners table the Beckers Stable Special Review, File #10-Z1797, until Monday, February 7, 2011. Motion carried 3-0. There being no further business, the hearing adjourned at 11:10 p.m. http://larimer.org/bcc/2011/BC110110.htm LAND USE HEARING – February 7, 2011 The Board of County Commissioners reconvened at 6:30 p.m. with Matt Lafferty, Principal Planner. Chair Pro-Tem Gaiter presided and Commissioner Johnson was present. Also present were: Eric Tracy, Engineering Department; Doug 2 Ryan, Environmental Health Department; Rob Helmick, Planning Department; Jeannine Haag, County Attorney; and Melissa Lohry, Deputy Clerk. Chair Pro-Tem Gaiter opened the hearing and asked for public comment on the County Budget, and Land Use Code. No one from the audience addressed the Board regarding these topics. 1. BECKERS STABLE SPECIAL REVIEW, TABLED FROM JANUARY 10, 2011: This application was initially presented to the Board of County Commissioners during their hearing on January 10, 2011. At that hearing, a recommendation of denial from staff and the Larimer County Planning Commission was presented, and the Board decided to table the request with direction to staff to develop conditions that would support a total number of equines on the property not to exceed 25. At this time, staff has developed conditions based on the file record and the representations of the applicant, which are noted below. The applicant, Dr. Beckers, has prepared documents to support the conditions but has also presented some new information, which he wishes to have the Board of County Commissioners consider, with respect to how the numbers are determined, how breeding horses are considered on the property, how other livestock is counted or considered, and the time necessary to comply with the conditions. The proposals by Dr. Beckers are essentially consistent with the original plan presented to the Board of County Commissioners; however, staff has some concerns with the “as needed” statements and the length of time requested to bring the property into compliance. There are some complications with the proposal because an annexation to the City of Fort Collins is required, and Dr. Beckers wishes to be sure that all the uses he may wish to retain on his property can be carried forward through the annexation process and survive annexation. This annexation issue has complicated the review of the conditions of approval. Two additions to the plan have been suggested by the applicant. The first addition to the original proposal includes breeding horses and the inclusion of other livestock on the site. At this time, the breeding of horses is not regulated, except through the basic use-by-right of one horse per half-acre. Livestock and farm animals are not regulated beyond the feedlot standard of no more than 10 per acre of confinement. Staff has found that Dr. Becker’s inclusion of these items is problematic because it is currently very late in the application process; and therefore, no review or comments have been solicited. Staff firmly believes both additions have the potential to impact surrounding properties and intensify the use. Staff recommends approval of the Beckers Stable Special Review, file #10- Z1797, subject to the following conditions: 3 1. The maximum number of horses at any time on the property shall not exceed 25, boarded, owned, or confined on the site. In the event the applicant chooses to have livestock on the property, they shall be allowed with a one-to-one reduction in the number of horses on the property. 2. The pens adjacent to the south side of the barn must be cleaned daily to keep the flies and offensive odor to a minimum. The other pens may be cleaned no less than weekly. 3. Construction of concrete bunkers, per design and plans submitted with the application, for temporary manure storage will occur within 6-months from approval (June 2011). 4. Manure must be hauled from the property and disposed of regularly. The combination of the concrete bunkers and frequent manure removal will eliminate the possibility of water mixing with the manure piles and leaving the property. 5. All of the roads and parking areas are currently covered with ground asphalt, which must be maintained by the operator. 6. The arena will be watered as needed, if visible dust occurs. 7. In the area east of the irrigation ditch, pasture grass and trees must be planted on the 3 surrounding sides (north, south and east). The trees must be saplings spaced 12-feet apart and the grass will be planted from the fence line outward 40-feet. This will leave an area in the center that will contain smaller pens for horses. The grassed area, once established, will only be utilized for turn out and not for grazing. A minimum grass cover will be maintained at all times in the area. Trees, once established, shall be protected to avoid grazing and damage from horses. All grass and trees must be planted by July 2011. 8. Parking for client vehicles and horse trailers will be as designated on the site map 9. The 3 light poles on the north and the 3 light poles on the south side of the arena as depicted on the site plan will be removed no later than June 1, 2011. 10. There shall be no lights on the outdoor arena yard and security lighting shall not produce glare off site. 4 11. All areas of confinement shall be as depicted on the site plan dated January 20, 2011. The site plan does not specify pen configurations or individual pen populations. 12. The applicant will submit a petition to be annexed into the city within 30-days of final approval of the Beckers Special review, which is the reason for a 6-month transition period. The Beckers will be required to comply with city issues as well as the county conditions within the same time period. 13. Manure collection points - the front collection must be a concrete collection bin, additionally, construction of both the front and back collection points must be of concrete to prevent manure from spreading or mixing with water in the irrigation ditch. The concrete bunkers must also be covered with a mesh/screen to control flies. 14. No clinics or shows are permitted by this approval on this site. 15. Hours of operation and public access shall be 7:00 a.m. to 9:00 p.m., except for emergencies. 16. All conditions of approval shall be met within 6-months of this hearing unless otherwise specified. Chair Pro-Tem Gaiter explained that because the applicant and public were given a chance to comment on this item during the original hearing on January 10, 2011, the Board would not open the hearing to public comment again. Commissioner Johnson stated that he was very pleased with the conditions crafted by staff and believed all concerns have been addressed. He expressed concern about allowing any more than 25 animals, horses or livestock, on the property. And finally, he felt that 6-months is an adequate timeframe to meet all conditions of approval. Chair Pro-Tem Gaiter also voiced support for the proposed conditions. M O T I O N Commissioner Johnson moved that the Board of County Commissioners approve the Beckers Stable Special Review; file #10-Z1797, subject to the conditions as outlined and amended above. Motion carried 2-0. http://larimer.org/bcc/2011/BC110207.htm 5 ORDINANCE NO. 042, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE WILD PLUM FARM ANNEXATION NUMBERS 1 AND 2 TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the property which is the subject of this ordinance, and has determined that said property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the property known as the Wild Plum Farm Annexation No. 1 to the City of Fort Collins, Colorado, together with the property known as the Wild Plum Farm Annexation No. 2 to the City of Fort Collins, Colorado, (together hereinafter referred to as the “Property”) in the Urban Estate (“U-E”) Zone District, which property is more particularly described as situate in the County of Larimer, State of Colorado, to wit: A tract of land being a portion of the tract of land described in the Warranty Deed recorded November 27, 1996 at Reception No. 96085333; being located in the S 1/2, N 1/2, S 1/2, NW 1/4, SW 1/4 of Section 3, Township 7 North, Range 69 West of the 6th P.M., which considering the West line of the SW 1/4 of said Section 3 as bearing due North with all bearings herein relative thereto is described as follows: Commencing at the Northwest corner of said S 1/2, N 1/2, S 1/2, NW 1/4, SW 1/4; thence along the West line of said SW 1/4 South, 90.60 feet; thence East, 146.75 feet; thence North 44 degrees 01 minutes East, 15.65 feet; thence East, 58.00 feet; thence North, 81.19 feet more or less to the North line of said S 1/2, N 1/2, S 1/2, NW 1/4, SW 1/4; thence North 89 degrees 30 minutes 32 seconds East, 768.80 feet to the Point of Beginning; thence North 89 degrees 30 minutes 32 seconds East, 329.00 feet to the NE corner of said S 1/2, N 1/2, S 1/2, NW 1/4, SW 1/4; thence South 00 degrees 00 minutes 39 seconds West, 164.70 feet to the Southeast corner of said S 1/2, N 1/2, S 1/2, NW 1/4, SW 1/4; thence South 89 degrees 30 minutes 12 seconds West, 10.00 feet; thence North 00 degrees 00 minutes 39 seconds East, 82.35 feet; thence South 89 degrees 30 minutes 32 seconds West, 319.00 feet; thence North 00 degrees 00 minutes 39 seconds East, 82.35 feet to the Point of Beginning. And, Commencing at the Northwest corner of said S 1/2, N 1/2, S 1/2, NW 1/4, SW 1/4; thence along the West line of said SW 1/4 South, 90.60 feet; thence East, 40.00 feet to the East Right-of-Way line of North Taft Hill Road and the Point of Beginning; thence East, 106.75 feet; thence North 44 degrees 01 minutes East, 15.65 feet; thence East, 58.00 feet; thence North 81.19 feet more or less to the North line of said S 1/2, N 1/2, S 1/2, NW 1/4, SW 1/4; thence North 89 degrees 30 minutes 32 seconds East, 768.80 feet; thence South 00 degrees 00 minutes 39 seconds West, 82.35 feet; thence North 89 degrees 30 minutes 32 seconds East, 319.00 feet; thence South 00 degrees 00 minutes 39 seconds West, 82.35 feet; thence South 89 degrees 30 minutes 12 seconds West, 1263.40 feet to the East Right-of-Way line of North Taft Hill Road; thence North, 73.88 feet to the Point of Beginning. This Property contains 4.463 acres. Section 2. That the foregoing Property to be placed in the U-E zone district shall be subject to the following conditions: 1. The maximum number of horses at any time on the Property shall not exceed twenty-five, boarded, owned, or confined on the site. In the event other livestock is kept on the Property, such livestock shall be allowed only in exchange for a one-to-one reduction in the number of horses on the Property. 2. The pens adjacent to the south side of the barn must be cleaned daily to keep the flies and offensive odor to a minimum. The other pens must be cleaned no less than weekly. 3. Construction of concrete bunkers, per design and plans approved by Larimer County on February 7, 2011, for temporary manure storage is required to be completed within six months of said approval. 4. Manure must be hauled from the Property and disposed of regularly. The combination of the concrete bunkers and frequent manure removal must be performed in a manner that will eliminate the possibility of water mixing with the manure piles and leaving the Property. 5. All of the roads and parking areas must continue to be covered with ground asphalt, which must be maintained by the operator. 6. The arena must be watered as needed, if visible dust occurs. 7. In the area east of the irrigation ditch, required pasture grass and trees were planted on the three surrounding sides (north, south and east). The trees were saplings spaced twelve feet apart and the grass was planted from the fence line outward forty feet. This leaves an area in the center that may contain smaller pens for horses. The grassed area, once established, may be utilized only for turn out and not for grazing. A minimum grass cover must be maintained at all times in the area. Trees, once established, must be protected to avoid grazing and damage from horses. All grass and trees are required to be planted by July 2011. 8. Parking for client vehicles and horse trailers must be as designated on the site map approved by Larimer County on February 7, 2011. 9. The three light poles on the north and the three light poles on the south side of the arena as depicted on the site plan approved by Larimer County on February 7, 2011, were required to have been removed by June 1, 2011. 10. There shall be no lights on the outdoor arena yard and security lighting shall not produce glare off of the Property. 11. All areas of confinement shall be as depicted on the site plan approved by Larimer County on February 7, 2011. The site plan does not specify pen configurations or individual pen populations. 12. The front manure collection point must be a concrete collection bin, additionally, construction of both the front and back manure collection points must be of concrete to prevent manure from spreading or mixing with water in the irrigation ditch. The concrete bunkers must also be covered with a mesh/screen to control flies. 13. No clinics or shows are permitted on the Property. 14. Hours of operation and public access shall be limited to 7:00 a.m. to 9:00 p.m., except for emergencies. Section 3. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the above- described property is included in the Residential Neighborhood Sign District. Section 4. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 15th day of May, A.D. 2012, and to be presented for final passage on the 5th day of June, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk Passed and adopted on final reading on the 5th day of June, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk REVISED DATE: May 15, 2012 STAFF: Bev Gast Kelly DiMartino AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 13 SUBJECT First Reading of Ordinance No. 043, 2012, Appropriating Prior Year Reserves and Unanticipated Revenue in the General Fund for Cultural Development and Programming Activities and the Fort Collins Convention and Visitors Bureau. EXECUTIVE SUMMARY This Ordinance appropriates $43,319 for 2012 Cultural Development and Programming (CDP1) activities and $145,407 for the Convention and Visitors Bureau (CVB) from unanticipated revenues and unspent appropriations in the General Fund Lodging Tax Reserves. Approximately $908,908 in Lodging Tax revenue was collected in 2011 that was distributed to the CDP (25%), CVB (70%) and Visitor Events (CDP2)(5%). After 2011 expenditures and miscellaneous revenue, there is unanticipated revenue and unspent appropriations of $43,319 for CDP and $145,407 for CVB available for activities in 2012. BACKGROUND / DISCUSSION Section 25-244 of the City Code requires that 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. Actual revenue collected is appropriated based on this allocation formula and any excess revenue as well as budget savings are reserved by these activities in the General Fund balance. FINANCIAL / ECONOMIC IMPACTS Visitor Events CDP1 CDP2 CVB General Fund Reserve Balance (12/31/10) $ 70,347 $ 3,787 $ 78,480 2011 Lodging Tax Allocation $ 227,227 $ 45,445 $ 636,236 2011 Expenditures & Misc. Revenue -$ 254,255 -$ 49,232 -$ 569,309 General Fund Reserve Balance (12/31/11) $ 43,319 $ 0 $ 145,407 STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BOARD / COMMISSION RECOMMENDATION The City’s Cultural Resources Board reviews applications for these funds and makes recommendations to the City Council. This fund support events that provide a public benefit to the Fort Collins community, and promotes the utilization of public accommodations within the City. ORDINANCE NO. 043, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES AND UNANTICIPATED REVENUE IN THE GENERAL FUND FOR CULTURAL DEVELOPMENT AND PROGRAMMING ACTIVITIES AND THE FORT COLLINS CONVENTION AND VISITORS BUREAU WHEREAS, Section 25-244 of the City Code requires that lodging tax revenue is to be allocated as follows: 75% for the promotion of convention and visitor activities and 25% for cultural development and programming activities; and WHEREAS, at the end of 2011, a total of $908,908 in Lodging Tax revenues were collected and lapsed into the General Fund Reserves for lodging taxes; and WHEREAS, the Lodging Tax funds were distributed in the following amounts to the following accounts: • Cultural Development and Programming (CDP1) $ 227,227 • Visitor Events (CDP2) $ 45,445 • Convention and Visitors Bureau (CVB) $ 636,236 WHEREAS, the Cultural Development and Programming (CDP1) Account had prior year funds and unanticipated revenue in the amount of $43,319 that were not expended in 2011; and WHEREAS, the Convention and Visitors Bureau (CVB) Account had prior year funds and unanticipated revenue in the amount of $145,407 that were not expended in 2011; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to make supplemental appropriation by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the revenue as described herein will not cause the total amount appropriated in the General Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and WHEREAS, the City wishes to appropriate all funds allocated for Cultural Development and Programming and the Fort Collins Convention and Visitors Bureau. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby appropriated for expenditure from prior year reserves in the General Fund the total sum of FORTY THREE THOUSAND THREE HUNDRED NINETEEN DOLLARS ($43,319) for Cultural Development and Programming activities. Section 2. That there is hereby appropriated for expenditure from prior year reserves in the General Fund the total sum of ONE HUNDRED FORTY FIVE THOUSAND FOUR HUNDRED SEVEN DOLLARS ($145,407) for the Fort Collins Conventions and Visitors Bureau. Introduced, considered favorably on first reading, and ordered published this 15th day of May, A.D. 2012, and to be presented for final passage on the 5th day of June, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk Passed and adopted on final reading on the 5th day of June, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk DATE: May 15, 2012 STAFF: Jill Stilwell AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 14 SUBJECT Resolution 2012-033 Adopting the Recommendations of the Cultural Resources Board Regarding Fort Fund Disbursements. EXECUTIVE SUMMARY The Cultural Development and Programming and Tourism Programming accounts (Fort Fund) provide grants to fund community events. This Resolution will adopt the recommendations from the Cultural Resources Board to disburse these funds. BACKGROUND / DISCUSSION The Fort Fund program, established in 1989, disburses funds from the City’s Cultural Development and Programming Account and the Tourism Account in accordance with the provisions of Section 25-244 of the City Code, where 25% of the revenue from the lodging tax is utilized for this program. Local non-profit organizations may apply to Fort Fund for cultural event support. The City Council appointed Cultural Resources Board reviews grant applications based on approved guidelines and makes recommendations for Fort Fund disbursements to City Council, pursuant to Ordinance No. 28, 1992 and Section 2-203(3) of the City Code. Fort Fund grants support events that enrich the cultural life of the community, promote local heritage and diversity, provide opportunities for cultural participation, help define Fort Collins as a cultural center and tourist destination, have wide appeal for a significant part of the community, and promote the general welfare of the City’s inhabitants. Fort Fund consists of a three-tiered funding system: 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. Applications for support from Tier #2 are accepted each January and June. The Cultural Innovation Fund (CIF) Tier (formerly Tier #4) was established to further the goal of making Fort Collins a cultural center and destination. The CIF Tier grants address a need in the cultural activity of Fort Collins, perpetuate the Tourism Fund by generating over night stays in local hotels, and/or develop new arts, cultural, or heritage tourism activities that have the potential to impact Fort Collins’ cultural and economic growth. Organizations may apply for funding from the CIF Tier each April. April 2012 Funding Session At its April 24, 2012 regular meeting, the Cultural Resources Board reviewed applications submitted for Tier #1 and CIF funding. The Cultural Resources Board reviewed 21 applications with total requests equaling $275,500. The following table summarizes the amount and sources of available funds in 2012: May 15, 2012 -2- ITEM 14 FY 2012 AVAILABLE FUNDING AMOUNT SOURCE $182,166 FY 2012 Cultural Development and Programming Account (Fund 1) $40,750 FY 2012 Tourism Programming Account (Fund 2) $43,319 Unanticipated Lodging Tax and Reimbursements (Fund 1) $266,235 Total Funding Available for 2012 FUNDS ALLOCATED TO APRIL 2012 FUNDING SESSION 63% % Total FY 2012 Funds allocated to April Funding Session $168,400 Total Funds Allocated to the April Funding Session $129,900 Amount from Cultural Development and Programming Account (Fund 1) $38,500 Amount from Tourism Programming Account (Fund 2) The Cultural Resources Board scored each application using the eleven Funding Criteria outlined in the Fort Fund Guidelines (attachment 1) and discussed each application at the meeting. The Board discussion is outlined in the April 24, 2012 draft minutes (attachment 2). The Board is recommending disbursement of $129,900 from the City’s Cultural Development and Programming account and $38,000 from the Tourism Programming account, totaling $167,900 to 20 applicants as outlined in Exhibit A (attachment 3). The requests totaled $275,500 and $168,400 was available. Of the total amount requested and considered, 61% is being recommended for funding with available funds. The following table summarizes the utilization of funds from all sources. Recommended Funding % of Total Category of Allocated Funds $129,900 77% Cultural Development and Programming Account $38,000 22.5% Tourism Programming Account $500 .5% Unallocated $168,400 100.0% Funds Allocated for April Funding Session The $500 of unallocated Tourism Programming Account funds will be carried over to the June 2012 funding session. FINANCIAL / ECONOMIC IMPACTS The Fort Fund program, established in 1989, disburses funds from the City’s Cultural Development and Program Account and the Visitor Events Account in accordance with the provisions of Section 25-244 of the City Code, where 25% of the revenue from the lodging tax is designated for this use. Local non-profit organizations may apply to Fort Fund for cultural event support and must match the grant amount. These funds were budgeted and appropriated in the 2012 budget. The non-profit arts are a $15.9 million industry in Fort Collins (Arts & Economic Prosperity III - Americans for the Arts). By awarding these grants, the City is partnering with 20 organizations to leverage a variety of cultural events that contribute to this economic impact and add to our quality of life. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. May 15, 2012 -3- ITEM 14 BOARD / COMMISSION RECOMMENDATION The Cultural Resources Board (Board) presents recommendations as to which events should receive funding from the available Cultural Development and Programming and Tourism Accounts. EXHIBIT A to the Resolution presents the allocations recommended by the Board to the City Council for Tier 1 and the Cultural Innovation Fund. The Cultural Resources Board recommends adoption of the Resolution, as reflected in the attached April 24, 2012 draft meeting minutes. ATTACHMENTS 1. Fort Fund Guidelines 2. Cultural Resources Board minutes (Draft), April 24, 2012 ATTACHMENT 1 The Cultural Development & Programming and Tourism Accounts (Fort Fund) is funded by an allocation of the lodging tax revenues. Applications are reviewed by the Cultural Resources Board of the City of Fort Collins and recommendations to fund events are submitted to the Fort Collins City Council for final approval. The objective of Fort Fund is to provide funds to foster, encourage, and promote 1) cultural development and programming, and 2) economic and tourism development. The overarching goal for Fort Fund is to serve as a catalyst in making Fort Collins a cultural center and destination. Fort Fund supports events that:  Enrich the cultural life of the Fort Collins community  Promote local heritage and diversity  Provide opportunities for community members to participate in, create, learn from or experience arts and culture  Help to define Fort Collins as a destination for arts and culture  Elevate the community and broaden perspectives  Have wide appeal for a significant part of the community  Promote the general welfare of the inhabitants of the City. The following will not be considered for funding:  Applications for funds solely to print brochures, magazines or promotional materials, or for capital improvements.  Any event in which the net proceeds or profit from the event is donated by the sponsor to another organization and/or individual. Funds will not be disbursed directly after each funding session. Organizations recommended for grant monies by the Cultural Resources Board must first be approved by the City Council. Funding Tiers & Application Deadlines An organization and/or event may receive funding from one or more of the following three tiers as described below. Specific application deadlines are listed immediately following each tier. Requests must be for a minimum of $500. Funding is subject to the amount of available funds per funding session. The Cultural Resources Board reserves the right to not fund an organization if it does not fully meet the criteria. Fort Fund will now only accept one application per organization per funding session. Colorado State University organizations are required to submit their applications through the Sponsored Programs Office. All applications are to be submitted to the Lincoln Center Administration Office, 417 W. Magnolia, Fort Collins, CO, 80521 by 5p.m. on the date stated. Postmark does not qualify. Please direct all questions regarding the application process to Gail Budner at (970) 221-6737. TIER # 1: Annual Programming Fund Organizations are eligible to apply for funding from Tier #1 if they meet the following criteria: 1. The primary purpose of the organization is to present three or more different public performances, events or exhibits per year. 2. The organization has proven annual program success for three previous years. Organizations that meet the criteria may apply for up to $15,000 per year (July 1 - June 30). The organization must submit a mission statement stating the organizations' officially accepted primary purpose; provide evidence of having presented three or more performances, events, or exhibits for three previous years; submit financial statements for the three most recently completed fiscal years; provide a list of the organization's current Board of Directors, their business/organizational affiliations, the date they were elected to the Board and their term limit date; and submit a Tourism Impact form. Fort Fund will only accept one Tier #1 application per organization per calendar year. Organizations that apply for this level of funding would have to show that no more than 35% of their projected expenses are coming from Fort Fund. Proposal Deadline for Tier #1: First Tuesday of April, 5:00 p.m. Requests must be for a minimum of $500 and a maximum of $15,000 Request amount cannot exceed 35% of the total projected expenses TIER # 2: Special Events Fund Organizations that present event(s) may apply for up to $5,000 for a single event or series of events per funding session. Events would have to be held within one year of the funding session. Fort Fund will only accept one Tier #2 application per organization per funding session at which Tier #2 applications are accepted. The organization must submit a financial statement from the most recently completed fiscal year and submit a Tourism Impact form. Organizations funded under Tier #1 could apply one time per calendar year for up to $5,000 under Tier 2, but the event cannot also be funded under Tier 1. Organizations that apply for this level of funding would have to show that no more than 50% of their projected expenses are coming from Fort Fund. Proposal Deadline for Tier #2: First Tuesday of January, 5p.m.; First Tuesday of June, 5p.m. Requests must be for a minimum of $500 and a maximum of $5,000 Request amount cannot exceed 50% of the total event expenses Cultural Innovation Fund (CIF) - Formerly Tier #4 Organizations are eligible to apply for up to $25,000 from the CIF if they seek funding for an activity or event that will increase Fort Collins' identity as a cultural center and tourist destination. The term 'activity' can mean event, projects, products, exhibits, festivals, programs, etc. and can be in the area of arts, nature, heritage, recreation, science, and /or humanities. The event or activity must meet the eligibility requirements and the strategies outlined below: CIF Strategies: Proposals should address specific strategies to increase Fort Collins' identity as a cultural center and tourism destination, resulting in at least one of the following benefits: 1. Address a need in the cultural activity of Fort Collins 2. Perpetuate the Tourism Fund by generating over night stays in local hotels 3. Develop new arts, cultural, or heritage tourism activities and products that have the potential to impact Fort Collins cultural and economic growth. These events or activities should enrich the cultural life available in the city because they will serve as an attraction to visitors, represent new cultural offerings or can be described as unique, innovative or inventive. The organization must submit a mission statement stating the organizations' officially accepted primary purpose; provide evidence of having been in existence for at least three years; submit financial statements for the three most recently completed fiscal years; provide a list of current Board members; and submit a Tourism Impact form. CIF applicants may also be required to present an oral presentation to the Cultural Resources Board. Fort Fund will only accept one CIF application per organization per calendar year. Request amount cannot exceed 50% of the total activity expenses. Request amount requires a dollar-for- dollar cash match. Neither in-kind contributions nor Fort Fund dollars from current or previous grants may be used in calculating the organization's match. Activities funded under the CIF shall not be simultaneously funded under Tiers #2 of Fort Fund. CIF funded activities can only apply for a maximum of three years and must compete each time. Proposal Deadline for the CIF: First Tuesday of April, 5:00p.m. Requests must be for a minimum of $500 and a maximum of $25,000 Request amount cannot exceed 50% of the total activity expenses All applications are to be submitted to the Lincoln Center Administration Office, 417 W. Magnolia, Fort Collins, CO, 80521 by 5p.m. on the date stated. Postmark does not qualify. Please direct all questions regarding the application process to Gail Budner, (970) 221-6737. Eligibility Requirements Organizations chartered in Colorado with IRS non-profit status may submit an application for consideration. Written proof of this status must accompany all applications. All organizations that fall under the same IRS non-profit tax status will be considered the same unit for funding.  For all Tiers, Fort Fund will only accept one application per organization per funding session. Colorado State University organizations are required to submit their applications through the Sponsored Programs office.  Applications must be submitted on the forms provided at www.fcgov.com/fortfund and must arrive at the Lincoln Center administration office by the date/time listed as the deadline. Postmarks are not valid. Late applications will not be reviewed.  Events must be held in Fort Collins or in the Fort Collins Growth Management Area.  Events must be open to the general public and efforts must be made to advertise and make the public aware of the opportunity to attend and/or participate in the event.  Events or activities must provide a direct public benefit of a reasonably general character to a significant number of City residents.  Events may occur no earlier than 45 days after the application deadline.  Events funded under Tier #1 must be completed by June 30th of the year following the date of funding. Events funded under Tier #2 must be completed within one year of the date of the funding session. Events funded under the CIF must be completed within 18 months of the funding session.  The applicant organization must be in good standing with the Fort Fund program. The applicant must not be delinquent on any previous mid-year or final Fort Fund reports; must have used the new Fort Fund logo on promotional materials; and must have listed the funded event on the Fort Collins Convention and Visitors Bureau website calendar. Organizations not in good standing will not be considered for funding for one calendar year.  Religious, sectarian or faith-based organizations may apply for funding, but only for events which are secular (non-religious) in nature. Fort Fund money may not be used for events that promote religion.  Fort Fund does not consider applications for funds solely to print brochures, magazines or promotional materials, or for general operating support or capital improvements. Additional Eligibility Requirements for Tier #1 and the CIF:  The organization must have and submit an officially adopted mission statement expressing their primary purpose.  The organization has been in existence for a minimum of three years, and provides financial statements for the previous three completed fiscal years prior to the application date.  For Tier #1, the organization must show evidence of having presented three or more performances, events, or exhibits for three previous years. Criteria For Funding The following criteria are used by the Cultural Resourced Board to evaluate applications that have met all the eligibility requirements. Funding is based on how well an event or activity meets these criteria. Funding is subject to the amount of available funds per funding session. The Cultural Resources Board reserves the right to not fund an organization if it does not fully meet the criteria. Fort Fund supports events that: 1. Are of the highest quality; 2. Bring awareness of the arts to the local community; 3. Aspire to bring regional and national recognition to Fort Collins; 4. Are engaging and innovative and/or original; 5. Build a wide range of arts and culture offerings; 6. Raise arts and culture quality and participation to a new level; 7. Have an impact on the community economically, culturally or both; 8. Present strong evidence of leveraging other funding sources; All applicants are required to submit the Tourism Impact form. The information provided on the form will be reviewed as part of the application. Grant Requirements Organizations applying for Tier #1 funding cannot apply for more than 35% of their total projected annual expenses. Organizations applying for funding from Tier #2 may request funding for no more than 50% of the total projected expenses for any event. Organizations applying for the CIF cannot apply for more than 50% of their total projected expenses.  The amount requested under Tiers #1 and #2 must be matched with either cash or a combination of cash and in-kind services. At least one-half of the matching funds must be cash. For example, if an event is projected to cost $2,000, the amount requested from Fort Fund may not exceed $1,000. A $1,000 request would have to be matched with either $1,000 in projected cash revenues or at least $500 in cash and no more than $500 of in-kind services. The CIF requires the requested amount be matched dollar-for-dollar in cash. Neither in-kind contributions nor Fort Fund dollars from current or previous grants may be used in calculating the organization's match for the CIF.  Contracts for services with the City of Fort Collins must be signed prior to the issuance of funds.  All funds must be used for direct costs of the event(s) within the time frame as required by contract, or returned immediately to the Cultural Development and Programming Account. If the event changes significantly, the Cultural Resources Board must be notified in writing. Funding for the event may be re-evaluated at that time.  Organizations that receive funding must recognize the support of the City. All publicity and advertisements (including posters, programs, banners, flyers, newspaper ads and postcards) of the funded event must include the City's Fort Fund logo. If there is no printed material, a Fort Fund banner must be exhibited at the event. Organizations must also list the funded event on the Fort Collins Convention and Visitors Bureau website calendar at www.visitftcollins.com/events.  Organizations funded under Tier #1 must submit a financial mid-year and annual report by the date required in their contract. Organizations funded under Tier #2 and the CIF must submit a written report within sixty (60) days of the completion of an event. These reports, which evaluate estimated attendance, promotional materials, in-kind services, actual cash expenses and actual revenues must be submitted to the Cultural Resources Board through the Lincoln Center Administration Office. All reports must be signed by a representative of the organization that receives funding, verifying their accuracy. Records of the event need to be available for inspection upon request of the Cultural Resources Board. If the financial reports are not completed as required by contract, your organization's future funding may be effected. All organizations must provide a final report for previously granted funds before the contract for any new funding will be processed.  A member of the Cultural Resources Board may be assigned to each event to act as a liaison between funded organizations and the Board. If tickets are required for admission to an event and are not extended to the liaison as a courtesy, tickets will be purchased from the Cultural Development and Programming Account.  If the activity or event changes significantly from what was proposed in the original application, including date, location, or content, the organization must notify the Cultural Resources Board in writing at 417 W. Magnolia St., Fort Collins, CO 80521. Funding, even if already distributed, may be reevaluated at that time. FORT FUND OVERVIEW Fort Fund, the City of Fort Collins’ Cultural Development & Programming and Tourism Accounts, is funded by an allocation of the lodging tax revenues collected within the city limits of Fort Collins. Applications are reviewed three times a year by the City of Fort Collins Cultural Resources Board and recommendations for funding are submitted to the Fort Collins City Council for final approval. The objective of Fort Fund is to foster, encourage, and promote cultural and/or tourism activities in Fort Collins. Fort Fund offers three tiers. Tiers 1 and 2 primarily fund events that are artistic, ethnic, historic, educational or recreational in nature and reflect the values and traditions of Fort Collins. Events of this type will have wide appeal for a significant part of the community, thereby advancing the good of all. The resulting economic and noneconomic benefits of these events will promote the general welfare of the inhabitants of Fort Collins. FORT FUND (FORMERLY TIER 4) CULTURAL INNOVATION FUND The Cultural Innovation Fund embodies the above, and is primarily focused on activities that will increase Fort Collins’ identity as a cultural center and tourist destination. The term “activity” can mean events, projects, products, exhibits, festivals, programs, etc. These activities can be in the area of arts, nature, heritage, recreation, science, and/or humanities and shall be designed to develop new arts, culture or heritage tourism activities and products that have the potential to impact Fort Collins’ economic and cultural growth and perpetuate the Tourism Fund by generating over night stays in the city’s hotels and lodges. These activities should enrich the cultural life available in the city because they will serve as an attraction to visitors, represent new cultural offerings or can be described as unique, innovative or inventive. The activities should be designed to meet the strategies and criteria as listed below. CIF ELIGIBILITY REQUIREMENTS: 1. The applicant organization must be a non-profit organization, or the governmental equivalent. Written proof of this status must accompany all applications. All organizations that fall under the same IRS non profit tax status will be considered the same unit for funding. 2. The organization has an officially adopted mission statement expressing their primary purpose. 3. The organization has been in existence for a minimum of three years. 4. The organization can provide financial statements for the previous three completed fiscal years from their application date. 5. Activities funded under the CIF shall not be simultaneously funded under Tier 2 of Fort Fund. 6. Funding under the CIF shall be available for a maximum of three years to any one activity and applicants must compete each time for funding. 7. Applicants must submit a completed Tourism Impact form with their application. 8. Activities must be held in Fort Collins or in such other location as will accomplish the CIF strategies. 9. The activities may not commence prior to thirty days following the funding session date (funding session is the fourth Wednesday of April). 10. Activities funded under the CIF must be completed within 18 months of the funding session date (the fourth Wednesday of April). 11. Activities must benefit and be accessible and/or open to the general public. 12. Religious, sectarian or ‘faith-based’ organizations may apply for funding for activities which are secular (non-religious) in nature. Fort Fund monies may not be used to promote religion. 13. Activities must provide a direct public benefit of reasonably general character to a significant number of Fort Collins’ residents and meet the strategies as outlined below. STRATEGIES: Proposals should address specific strategies to increase Fort Collins’ identity as a cultural center and tourism destination, resulting in at least two of the following benefits: 1. Address a need in the cultural activity of Fort Collins 2. Perpetuate the Tourism Fund by generating over night stays in local hotels 3. Develop new arts, cultural, or heritage tourism activities and products that have the potential to impact Fort Collins cultural and economic growth. Fort Fund will not fund capital improvements or projects, or any activity in which the net profit or proceeds from the activity is donated by the sponsor to another organization and/or individual. CIF GRANT REQUEST AMOUNT • Maximum Request Amount: $25,000 (a higher amount may be considered) • Minimum Request Amount: $500 • Funding is subject to the amount available per funding session. The Cultural Resources Board reserves the right to not fund any organization if it does not fully meet the criteria. • Request amount cannot exceed 50% of the total activity expenses. • Request amount requires a dollar-for-dollar cash match. • In-kind contributions may not be used in calculating the organization’s match. • Fort Fund monies, from current or previous funding sessions, may not be used in calculating the organization’s match. • Activities funded under the CIF cannot be simultaneously funded under Tier 2 of Fort fund. • Funding under the CIF shall be available for a maximum of three years to any one activity and applicants must compete each time for funding. CIF APPLICATIONS DUE: First Tuesday of April by 5:00 p.m. To the Lincoln Center Administration Office 417 West Magnolia Street, Fort Collins LATE APPLICATIONS WILL NOT BE ACCEPTED Notification of Award: The Cultural Resources Board will review applications on the fourth Wednesday of April, provide a recommendation for funding to City Council, who will then approve the recommendation at a regularly scheduled Council meeting in May. Applicants will be notified by mail after the Council meeting. GRANT AWARD REQUIREMENTS • Contracts for services with the City of Fort Collins must be signed prior to the issuance of funds. The funds must be spent on the activity within 18 months of the funding session. • All funds must be used for direct costs of the activity within the time frame as required by contract, or returned immediately to the Cultural Development and Programming Account. • If the activity changes significantly, the Cultural Resources Board must be notified in writing. Funding, even if already distributed to the organization, may be re-evaluated at that time. • Organizations that receive funding must recognize the support of the City. All publicity and advertisement of the funded activity must include the Fort Fund logo. Downloadable images are available on the Fort Fund website at www.fcgov.com/fortfund and a Fort Fund banner to exhibit at the activity is available through the Lincoln Center Administration Office. Organizations must also list the funded activity on the Fort Collins Convention and Visitors Bureau website calendar at www.visitftcollins.com/events. • Organizations funded under the CIF must submit a written report within sixty (60) days of the completion of an activity. These reports, which evaluate estimated attendance, promotional materials, in-kind services, actual cash expenses and actual revenues, must be submitted to the Cultural Resources Board through the Lincoln Center Administration Office. All reports must be signed by a representative of the organization that receives funding, verifying their accuracy. Records of the activity need to be available for inspection upon request of the Cultural Resources Board. • A member of the Cultural Resources Board may be assigned to each organization receiving a CIF Grant to act as liaison between funded organizations and the Board. If tickets are required for admission to an activity and are not extended to the liaison as a courtesy, tickets will be then purchased from the Cultural Development and Programming Account. Cultural Resources Board Lincoln Center 417 W. Magnolia St Fort Collins, CO 80521 970.221-6735 970.221-6373 – fax . CULTURAL RESOURCES BOARD MINUTES Regular Meeting – Tuesday, April 24, 2012 5:00 p.m. Lincoln Center, 419 W. Magnolia Street, Fort Collins, CO 80521 Council Liaison: Aislinn Kottwitz Staff Liaison: Jill Stilwell Chairperson: Jan Gilligan Phone: 224-2481 (h) Vice-Chair: Chris Clemmer A regular meeting of the Cultural Resources Board was held on Tuesday, April 24, 2012 at 5:00 p.m. The following members were present: Board Members present: Janet Gilligan, Carol Ann Hixon, John Hayes, Francisco Gutierrez Chris Clemmer, Diane Gaede, Maggie Dennis Board Members absent: none Staff Members present: Jill Stilwell, Gail Budner Guests Present: none I. Call to Order: 5:10 p.m. - Ms. Jan Gilligan II. Consideration of agenda: none Consideration and approval of minutes from March 29, 2012. Mr. Clemmer made a motion to accept the minutes as amended. Ms. Dennis seconded the motion. The motion passed unanimously. III. Public input: none IV. Fort Fund - Discussion and funding recommendations: Because Ms. Dennis was contracted by The Center for Fine Art Photography as a grant writer, she disclosed her conflict of interest and recused herself from scoring and deliberating on their application for a Tier 1 grant. Prior to reviewing and recommending awards to applicants, the Board discussed the quality of the applications and the available budget for this session. The Board then reviewed 16 Tier 1 applications and 5 CIF applications and developed their recommendations for funding. OPENSTAGE THEATRE & COMPANY: 2012-2013 OpenStage Theatre’s 40th Anniversary Season Locations: Lincoln Center; The Lawn at Columbine Health Systems OpenStage Theatre will present a season of 6 shows. Amount Requested: $15,000 Amount Recommended: $15,000 ATTACHMENT 2 FORT COLLINS MUSEUM OF ART: 2012-2013 Exhibitions and Programs Location: Fort Collins Museum of Art Fort Collins Museum of Art will present 6 exhibitions, educational programming and 1 art auction. Amount Requested: $15,000 Amount Recommended: $15,000 BAS BLEU THEATRE COMPANY: 2012-2013 Main Stage Performance Season Location: Bas Bleu Theatre Bas Bleu’s season will offer 5 shows, 15 Readers’ Theatre presentations, 6 concerts, 6 visual art exhibits, acting classes, workshops, special events and seminars. Amount Requested: $15,000 Amount Recommended: $13,500 LARIMER CHORALE: 2012-2013 Concert Season #36 Location: Lincoln Center; First United Methodist Church; Our Saviour Lutheran Church Larimer Chorale will present a season of 5 concerts. Amount Requested: $15,000 Amount Recommended: $13,500 FORT COLLINS MUSEUM OF DISCOVERY: 2012-2013 Museum Tours and Educational Programs Location: Fort Collins Museum of Discovery Fort Collins Museum of Discovery will conduct tours of the new museum and offer educational programming for their season. Amount Requested: $15,000 Amount Recommended: $12,750 OPERA FORT COLLINS: 2012-2013 Season #33 Location: Lincoln Center; Griffin Concert Hall Opera Fort Collins’ season will include 3 operas, collaboration with local performing/visual arts groups and educational outreach. Amount Requested: $15,000 Amount Recommended: $12,750 POUDRE LANDMARKS FOUNDATION: 2012-2013 Event Season Location: Avery House, Carriage House, Private Homes, other Fort Collins locations Poudre Landmarks Foundations’ season will consist of 13 events, including their annual Historic Homes Tour. Amount Requested: $10,000 Amount Recommended: $6,000 CANYON CONCERT BALLET: 2012-2013 Season of Wonder Location: Lincoln Center Canyon Concert Ballet will present a season of 4 dance productions. Amount Requested: $10,000 Amount Recommended: $8,000 FRIENDS OF THE GARDENS ON SPRING CREEK: 2012-2013 Community Events Location: The Gardens on Spring Creek The Gardens on Spring Creek annually host 3 cultural events, including 2 festivals and a holiday light display. Amount Requested: $10,000 Amount Recommended: $8,000 IMPACT DANCE COMPANY: 2012-2013 Season Location: Various venues in Fort Collins IMPACT Dance Company will present a season of 4 events and include an outreach program. Amount Requested: $13,000 Amount Recommended: $10,400 ATTACHMENT 2 SUSTAINABLE LIVING ASSOCIATION: 2012-2013 Educational Programs and Events Location: Legacy Park; Tours in Fort Collins The Sustainable Living Association will present a sustainable living fair, including workshops and demonstrations. The tours will take bike riders to local farms for educational experiences. Amount Requested: $6,000 Amount Recommended: $5,000 CENTER FOR FINE ART PHOTOGRAPHY: 2012-2013 Annual Gallery Exhibitions Location: Center for Fine Art Photography The Center for Fine Art Photography will present a season of 9 international juried shows and 6 solo exhibitions. Amount Requested: $15,000 Amount Recommended: $5,000 DEBUT THEATRE COMPANY: 2012-2013 Youth Theatre Season Location: Lincoln Center Debut Theatre will present a season of 6 plays by young actors. Amount Requested: $4,000 Amount Recommended: $1,500 ART342: 2012-2013 Exhibition Season Location: Fort Collins Old Town gallery spaces ART342 will present 3 artists-in-residence exhibits, educational programming, children/adult workshops, demonstrations and poetry readings. Amount Requested: $15,000 Amount Recommended: $3,000 FOOTHILLS POPS BAND: 2012-2013 Concert Season Location: Lincoln Center; Senior Center; TBD church Foothills Pops Band will present a season of 4 concerts and their annual Valentine’s Day dance. Amount Requested: $1,500 Amount Recommended: $500 YOUTH ORCHESTRA OF THE ROCKIES: 2012-2013 Concert Season Location: University Center for the Arts; Ridgeview Classical Schools Youth Orchestra of the Rockies will present a season of 4 concerts and smaller chamber group performances in various small venues. Amount Requested: $2,000 Amount Recommended: $500 BEET STREET: Streetmosphere Location: Downtown Fort Collins and Front Range Village Streetmosphere is designed to bring visitors to Fort Collins by energizing the streets of Downtown and the Front Range Village with free, diverse art and cultural offerings, while providing opportunities for local artists. Amount Requested: $25,000 Amount Recommended: $15,000 FORT COLLINS MUSICIANS ASSOCIATION: FoCoMX 2013 / FoCoMA Peer Awards Location: Approximately 30+ venues in Old Town and across Fort Collins These events strive to raise awareness regionally and nationally of the talent in the Northern Colorado music scene and promote Fort Collins as a national music center. Amount Requested: $25,000 Amount Recommended: $10,000 DOWNTOWN BUSINESS ASSOCIATION: First Night Fort Collins 2013: An Explosion of Worldly Arts and Expression Location: Downtown Fort Collins This event is family oriented, multicultural and multigenerational, giving the community an opportunity to sample local arts and culture in a safe and diverse atmosphere. Amount Requested: $20,000 Amount Recommended: $8000 ATTACHMENT 2 HORSETOOTH PRODUCTIONS: 7th Annual TriMedia Film Festival Location: Lincoln Center; Lory Student Center; Bas Bleu Theatre This festival is a unique event that brings in independent film, TV pilots and specials, and live original theatre that cannot be seen anywhere else. Amount Requested: $25,000 Amount Recommended: $5,000 CSU DEPARTMENT OF MUSIC, THEATRE AND DANCE: Pre-College Chamber Music Festival Location: Rocky Mountain High School and CSU This festival is a three day event featuring the Borromeo Quartet, along with a presentation for all of the PSD high school orchestras. Amount Requested: $4,000 Amount Recommended: $0 The Board felt that this application did not fit the criteria for a Tier 1 grant and therefore did not fund their event. They would like to invite them to reapply for a Tier 2 grant at the next funding session in June. Total Funding Requested by Applicants for Tier 1: $176,500 Total Funding Recommended for disbursement by CRB: $130,400 Total Unfunded Balance: $46,100 % of Requests Funded: 74% Total Funding Requested by Applicants for the Cultural Innovation Fund: $99,000 Total Funding Recommended for disbursement by CRB: $38,000 Total Unfunded Balance: $61,000 % of Requests Funded: 39% Ms. Hixon made a motion to submit these recommendations for Fort Fund disbursements to City Council for their approval. Dr. Gaede seconded the motion. The motion passed unanimously. V. Update on May Soiree: The Board discussed general plans, the budget and the guest list for the upcoming Soiree at the Fort Collins Museum of Discovery on May 23, 2012 from 5:00 to 7:00 p.m. VI. Other Business: Ms. Stilwell reported that plans for switching the current Fort Fund granting process to utilizing ZoomGrants are slated to be completed before the 2013 granting sessions begin. The Board would like Ms. Budner to make copies of the FCMOA and The FCSO Guild’s Fort Fund applications and their subsequent final reports for inclusion in the 2012 Annual Report. VIII. Adjournment: 6:57 p.m. Respectfully submitted, Gail Budner Administrative Clerk II ATTACHMENT 2 RESOLUTION 2012-033 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE RECOMMENDATIONS OF THE CULTURAL RESOURCES BOARD REGARDING FORT FUND DISBURSEMENTS WHEREAS, the City disburses funds from the City’s Cultural Development and Programming Account and Tourism Programming Account in accordance with the provisions of Section 25-244 of the City Code through its Fort Fund Program; and WHEREAS, the City’s Cultural Resources Board reviews applications for Fort Fund monies and makes recommendations to the City Council in accordance with the provisions set forth in Section 2-203(3) of the City Code, and in accordance with the administrative guidelines for the Fort Fund program (the “Fort Fund Guidelines”); and WHEREAS, pursuant to Section 25-244 of the City Code, the Cultural Development and Programming Account was established for the purpose of funding cultural development and programming activities and the Tourism Programming Account was established for the purpose of funding tourist-related special events; and WHEREAS, at its regular meeting on April 24, 2012, the Cultural Resources Board recommended funding for various proposals as set forth on Exhibit “A”, attached and incorporated herein by this reference, based upon the criteria and considerations set forth in Section 2-203 and the Fort Fund Guidelines; and WHEREAS, the proposals recommended by the Cultural Resources Board provide a public benefit to the Fort Collins community by supporting cultural development and programming activities, and promote the utilization of public accommodations within the City; and WHEREAS, the City Council wishes to adopt the recommendations of the Cultural Resources Board. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that funds in the total amount of ONE HUNDRED TWENTY NINE THOUSAND NINE HUNDRED DOLLARS ($129,900) in the City’s Cultural Development and Programming Account and THIRTY EIGHT THOUSAND DOLLARS ($38,000) in the City’s Tourism Programming Account be distributed in accordance with the recommendations of the Cultural Resources Board as set forth on Exhibit “A”. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th day of May A.D. 2012. Mayor ATTEST: Interim City Clerk EXHIBIT A FORT FUND GRANT PROGRAM January 2012 Fort Fund Tier 1 and CIF PERCENT OF TIER 1 FUNDING UNFUNDED REQUEST APPLICANT PROPOSED EVENT/DATE REQUEST FUND 1 FUND 2 BALANCE FUNDED Art342 Foundation 2012-20132 Exhibition Season Location: Fort Collins Old Town gallery spaces ART342 will present 3 artists-in-residence exhibits, educational programming, children/adult workshops, demonstrations and poetry readings. $15,000 $3,000 $0 $12,000 20% Bas Bleu Theatre Company 2012-2013 Mainstage Performance Season Location: Bas Bleu Theatre Bas Bleu’s season will offer 5 shows, 15 Readers’ Theatre presentations, 6 concerts, 6 visual art exhibits, acting classes, workshops, special events and seminars. $15,000 $13,500 $0 $1,500 90% Canyon Concert Ballet 2012-2013 Season of Wonder Location: Lincoln Center Canyon Concert Ballet will present a season of 4 dance productions. $10,000 $8,000 $0 $2,000 80% Center for Fine Art Photography 2011-2012 Annual Gallery Exhibitions Location: Center for Fine Art Photography The Center for Fine Art Photography will present a season of 9 international juried shows and 6 solo exhibitions. $15,000 $5,000 $0 $10,000 33% Debut Theatre 2012-2-13 Youth Theatre Season Location: Lincoln Center Debut Theatre will present a season of 6 plays by young actors. $4,000 $1,500 $0 $2,500 38% Foothills Pops Band 2012-2013 Concert Season Location: Lincoln Center; Senior Center; TBD church Foothills Pops Band will present a season of 4 concerts and their annual Valentine’s Day dance $1,500 $500 $0 $1,000 33% Fort Collins Museum of Art 2012-2013 Exhibition & Programs Location: Fort Collins Museum of Art Fort Collins Museum of Art will present 6 exhibitions, educational programming and 1 art auction. $15,000 $15,000 $0 $0 100% Fort Collins Museum of Discovery 2012-2013 Tours & Educational Programming Location: Fort Collins Museum of Discovery Fort Collins Museum of Discovery will conduct tours of the new museum and offer educational programming for their season. $15,000 $12,750 $0 $2,250 85% Friends of the Gardens on Spring Creek 2012-2013 Community Events Location: The Gardens on Spring Creek The Gardens on Spring Creek annually host 3 cultural events, including 2 festivals and a holiday light display. $10,000 $8,000 $0 $2,000 80% IMPACT Dance Company IMPACT! 2012-2013 Season Location: Various venues in Fort Collins IMPACT Dance Company will present a season of 4 events and include an outreach program. $13,000 $10,400 $0 $2,600 80% Larimer Chorale 2012-2013 Concert Season 36 Location: Lincoln Center; First United Methodist Church; Our Saviour Lutheran Church RECOMMENDATION CULTURAL RESOURCES BOARD Larimer Chorale will present a season of 5 concerts. $15,000 $13,500 $0 $1,500 90% OpenStage Theatre & Company 2012-2013 OpenStage 40th Anniversary Season Locations: Lincoln Center; The Lawn at Columbine Health Systems OpenStage Theatre will present a season of 6 shows. $15,000 $15,000 $0 $0 100% Opera Fort Collins 2012-2013 Season 33 Location: Lincoln Center; Griffin Concert Hall Opera Fort Collins’ season will include 3 operas, collaboration with local performing/visual arts groups and educational outreach. $15,000 $12,750 $0 $2,250 85% Poudre Landmarks Foundation, Inc. 2012-2013 Event Season Location: Avery House, Carriage House, Private Homes, other Fort Collins locations Poudre Landmarks Foundations’ season will consist of 13 events, including their annual Historic Homes Tour. $10,000 $6,000 $0 $4,000 60% Sustainable Living Association 2012-2013 Educational Programs & Events Location: Legacy Park; Tours in Fort Collins The Sustainable Living Association will present a sustainable living fair, including workshops and demonstrations. The tours will take bike riders to local farms for educational experiences. $6,000 $4,500 $500 $1,000 83% Youth Orchestra of the Rockies 2012-2013 Concert Season Location: University Center for the Arts; Ridgeview Classical Schools Youth Orchestra of the Rockies will present a season of 4 concerts and smaller chamber group performances in various small venues. $2,000 $500 $0 $1,500 25% TIER 1 TOTALS $176,500 $129,900 $500 $46,100 74% Cultural Innovation Fund (CIF) Beet Street Streetmosphere Location: Downtown Fort Collins and Front Range Village Streetmosphere is designed to bring visitors to Fort Collins by energizing the streets of Downtown and the Front Range Village with free, diverse art and cultural offerings, while providing opportunities for local artists. $25,000 $0 $15,000 $10,000 60% CSU Music, Theatre and Dance Pre- College Chamber Music Festival Location: Rocky Mountain High School and CSU This festival is a three day event featuring the Borromeo Quartet, along with a presentation for all of the PSD high school orchestras. $4,000 $0 $0 $4,000 0% Downtown Business Association First Night Fort Collins 2013: An Location: Downtown Fort Collins Explosion Worldly Arts and Expression This event is family oriented, multicultural and multigenerational, giving the community an opportunity to sample local arts and culture in a safe and diverse atmosphere. $20,000 $0 $8,000 $12,000 40% Fort Collins Musicians Association FoCoMX 2013 Location: 30+ venues in Old Town and across Fort Collins FoCOMA Peer Awards These events strive to raise awareness regionally and nationally of the talent in the Northern Colorado music scene and promote Fort Collins as a national music center. $25,000 $0 $10,000 $15,000 40% Horsetooth Productions TriMedia Film Festival Location: Lincoln Center; Lory Student Center; Bas Bleu Theatre This festival is a unique event that brings in independent film, TV pilots and specials, and live original theatre that cannot be seen anywhere else. $25,000 $5,000 $20,000 20% CIF TOTALS $99,000 $0 $38,000 $ 61,000 38% Total Funding Requested by Applicants $275,500 Total Funding Recommended for disbursement by CRB $129,900 $38,000 Total Unfunded Balance $107,100 % of Requests Funded 61% DATE: May 15, 2012 STAFF: Helen Matson Kayla Ballard AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 15 SUBJECT Resolution 2012-034 Authorizing the Lease of a Portion of City-Owned Property Located at 200 West Mountain Avenue, Suite B, For Up to Two Years As Part of the Fort Collins Public Access Network (FC-PAN). EXECUTIVE SUMMARY FC-PAN is the City’s designated public access provider. One of their responsibilities, as required by the City, is to provide and operate a Community Media Center. City Council approved the leasing of this space to FC-PAN in 2008 and in 2010, each for a two year term. In lieu of rent, FC-PAN pays the utilities for its space (449 square feet). BACKGROUND / DISCUSSION FC-PAN is a non-profit, with extremely limited funding. The reason for its existence is to provide public access television services via our franchise. The City is obligated to provide this service ourselves or to contract it out. For the past four years, FC-PAN utilized this space for the Community Media Center which was provided at no or very low cost. FC-PAN is slated to relocate the Community Media Center to the Carnegie building once it is available. In the meantime, City staff is recommending renewal of the lease agreement at 200 West Mountain, Suite B, for an additional two-year term. Included in the lease is the option for either party to terminate the lease by submitting a sixty (60) day written notice prior to the date of termination. While leasing the City property, FC-PAN will not pay rent, but will continue to pay utility costs for its space. FINANCIAL / ECONOMIC IMPACTS The City owns the building. FC-PAN will not pay rent, but will pay all utility costs associated with its use of the space. ENVIRONMENTAL IMPACTS FC-PAN will continue to provide public access television services, thereby fulfilling the City’s contractual obligation, and FC-PAN’s services benefit the community. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. ATTACHMENTS 1. Location Map RESOLUTION 2012-034 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE LEASE OF A PORTION OF CITY-OWNED PROPERTY LOCATED AT 200 WEST MOUNTAIN AVENUE, SUITE B, FOR UP TO TWO YEARS AS PART OF THE FORT COLLINS PUBLIC ACCESS NETWORK (“FC-PAN”) WHEREAS, the City is the owner of the property legally described as a portion of Lot 2, Replat Lots 1-49, Block 31, Fort Collins, Colorado and also known as 200 West Mountain Avenue, Suite B (the “Property”); and WHEREAS, the City purchased the Property for the Civic Center Master Plan and has not yet finalized specific plans for the Property; and WHEREAS, FC-PAN is the City’s designated public access provider and one of its responsibilities, as required by the City, is to provide and operate a Community Media Center; and WHEREAS, FC-PAN has occupied 449 square feet of the Property since 2008 and desires to continue leasing the Property at no or very low cost; and WHEREAS, the City desires to lease 449 square feet of the Property to FC-PAN with FC- PAN paying utilities costs associated with its use of the space in lieu of rent; and WHEREAS, under Section 23-114 of the City Code, the City Council is authorized to lease, for a definite terms of two years or less, any and all interests in real property owned in the name of the City, provided that the City Council first finds, by resolution, that the lease is in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that leasing the Property under the terms listed above is in the best interests of the City. Section 2. That the City Manager is hereby authorized to execute a lease agreement for the Property, consistent with the terms of this Resolution, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th day of May A.D. 2012. Mayor ATTEST: Interim City Clerk DATE: May 15, 2012 STAFF: Helen Matson AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 16 SUBJECT Routine Deed and Easement. EXECUTIVE SUMMARY Right of Way Dedication for additional right-of-way and a Grant and Dedication of a Slope Easement both from The North Poudre Irrigation Company for the South Timberline Road Street Oversizing Project at South Timberline Road and North or Carpenter Road. FINANCIAL IMPACTS North Podure Irrigation Company is granting a the Right-of-Way Dedication and a Slope Easement at no cost to the City. STAFF RECOMMENDATION Staff recommends adoption of this deed and easement. ATTACHMENTS 1. South Timberline Street Oversizing Location Map. DATE: May 15, 2012 STAFF: Heidi Phelps Sharon Thomas AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 21 SUBJECT Items Relating to the Completion of the 2012 Spring Cycle of the Competitive Process for Allocating City Financial Resources to Affordable Housing and Community Development Activities Utilizing Funds from the Federal Community Development Block Grant (CDBG) Program and the City’s Human Services Program. A. Hearing and Resolution 2012-035 Approving the Programs and Projects that Will Receive Funds from the Federal Community Development Block Grant Program and the City’s Human Services Program. (Three Options for Section 2) B. Hearing and First Reading of Ordinance No. 044, 2012, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Program Years in the Community Development Block Grant Fund. C. Public Hearing and Resolution 2012-036 Approving the Fiscal Year 2012 Administration and Project Budgets for the Home Investment Partnership Program. D. Hearing and First Reading of Ordinance No. 045, 2012, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Program Years in the Home Investment Partnership Fund. EXECUTIVE SUMMARY Resolution 2012-035 will complete the 2012 spring cycle of the competitive process for allocating City financial resources to affordable housing programs/projects and community development activities by listing the specific programs/projects that will receive funding starting October 1, 2012. Ordinance No. 044, 2012, appropriates the City’s FY 2012 CDBG Entitlement Grant from the Department of Housing and Urban Development (HUD). Resolution 2012- 036 establishes the major funding categories within the HOME Program for the FY 2012 program year, which also starts on October 1, 2012. Specific projects for the use of HOME funds will be determined in November as a result of the 2012 fall cycle of the competitive process. Ordinance No. 045, 2012, appropriates the City’s FY 2012 HOME Participating Jurisdiction Grant from HUD. BACKGROUND / DISCUSSION Resolution 2012-035 establishes which programs and projects will receive funding with CDBG funds for the FY 2012 program year (including the Entitlement Grant, Program Income, and Unprogrammed funds), which starts on October 1, 2012; and which programs will receive funding from the City’s 2012 Human Services Program, including an allocation of Keep Fort Collins Great (KFCG) funds. The CDBG Commission presents to the City Council a list of recommendations as to which programs and projects should receive funding. The following table summarizes the total amount and sources of all available CDBG and City funds for distribution during the 2012 spring cycle of the competitive process: Available Funding AMOUNT SOURCE $977,729 FY 2012 CDBG Entitlement Grant 67,436 FY 2011 CDBG Program Income 28,750 FY 2011 Unprogrammed CDBG Funds 389,601 2012 City Human Services Program 150,733 2012 City Human Services Program $1,614,248 Total Funding Available May 15, 2012 -2- ITEM 21 Unprogrammed funds are funds from previous years that have yet to be allocated to specific programs or projects. Program Income includes repayments from rehabilitation loans and home buyer assistance loans along with repayments from development loans. The FY 2012 CDBG Entitlement Grant and FY 2011 CDBG Program Income totals $1,045,164. HUD regulations limit a maximum of 20% of these funds, or $209,032, for planning and program administrative purposes. The FY 2011 Unprogrammed CDBG funds cannot be used in the calculation for planning and administrative purposes because they were subjected to the calculation for the FY 2011 program year. The following table summarizes the amount and sources of available funds for planning projects and CDBG Program administrative costs: Funding for Planning and CDBG Program Administration AMOUNT SOURCE $195,545 20% of the FY 2012 CDBG Entitlement Grant 13,487 20% of FY 2011 CDBG Program Income $209,032 Total Funding Available for Planning and CDBG Program Administration HUD regulations limit a maximum of 15% of the FY 2012 CDBG funds and FY 2011 CDBG Program Income, or $156,774 for use in the Public (Human) Services category. The City’s 2012 Human Services Program adds $389,601 and Human Services Program KFCG funds adds an additional $150,733, for use in the category, for a total of $697,108 of available funding in the Public (Human) Services category. The FY 2011 Unprogrammed CDBG funds can not be used in the calculation for public service purposes because they were subjected to the calculation for the FY 2011 program year. The following table summarizes the amount and sources of available funds for public/human service proposals: Funding for Public (Human) Services AMOUNT SOURCE $146,659 15% of the FY 2012 CDBG Entitlement Grant 10,115 15% of FY 2011 CDBG Program Income 389,601 2012 City Human Services Program 150,733 2012 City Human Services KFCG Funds $697,108 Total Funding Available for Public/Human Services Proposals Considering the set-asides for Planning and Administration and Public (Human) Services presented above, the balance of the FY 2012 CDBG Entitlement Grant and FY 2011 CDBG Program Income amounts, or $679,358, plus $28,750 of unprogrammed FY 2011 CDBG funds provide an amount of $708,108 available for allocation to affordable housing and public facility proposals. The following table summarizes the amount and sources of available funds for affordable housing and public facility proposals: Funding for Affordable Housing and Public Facilities AMOUNT SOURCE $635,524 FY 2012 CDBG Entitlement Grant $43,834 FY 2011 CDBG Program Income $28,750 FY 2011 Unprogrammed CDBG Funds $708,108 Total Funding Available for Affordable Housing Proposals May 15, 2012 -3- ITEM 21 The City received 30 applications for funding (not counting one affordable housing proposal which was subsequently withdrawn by the applicant) and a staff administration request as part of the 2012 spring cycle of the competitive process requesting a total of $1,745,240. The total amount of funds available from all sources is $1,614,248. The total of application requests is, thus, about $131,000 more than the amount of available funding. Also, HUD regulation limitations within the Public Services category results in a total of $307,100 more in requests than available funds for the category. Unfortunately, funds in the Planning and Administration and Affordable Housing and Public Facility categories cannot be used to fund any Public Service applications. The following table summarizes the amount of funding requests compared to the amount of funding available for each of the major funding categories. Category Number of Applications Requested Funding Available Funding Request-Available Difference Affordable Housing & Public Facilities 2 $532,000 $708,108 $176,108 Public Services 28 1,004,208 697,108 -307,100 Administration 209,032 209,032 0 Totals 30 $1,745,240 $1,614,248 -$130,992 FINANCIAL / ECONOMIC IMPACTS The Community Development Block Grant (CDBG) Program, and the Home Investment Partnership (HOME) 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 total amount of CDBG funds available for allocation during FY 2012 is $1,073,914. The City’s General Fund does contribute $389,601 in the Human Services Program and $150,733 of KFCG funds for allocation during the spring cycle, and $325,047 of Affordable Housing Fund dollars for the fall cycle of the competitive process. Through the provision of affordable housing, more of Fort Collins’ work force can reside within the community. This means there is an available labor pool within the city, which is a positive benefit to economic sustainability. Public/human services programs contribute to economic sustainability by providing such programs as job training and child care, so workers can maintain their employment and housing situations. The City of Fort Collins sees its Competitive Process dollars as an investment in community sustainability. Social sustainability is an important part of that triple bottom line decision making. Funds allocated provide dollars that leverage other funding to support important programs and projects. The City does not view itself as a human services or affordable housing agency, but rather a community partner working in team with others in addressing these critical sustainability dynamics. Funds are strategically allocated to areas of service and funding gaps. Key focus areas are: basic health and safety (emergency food, shelter, etc.); programs that serve vulnerable populations (homebound seniors, persons with HIV/AIDs); empowerment or poverty intervention/prevention programs (job training, self- sufficiency); and programs that decrease immediate or long-term community cost or impact or multiply benefits back over the long-term (early childhood education and child care, homelessness prevention). In terms of citizen surveys, results that citizens want, and Council policy priorities, Competitive Process funding is a foundational building block. Empowered and stabilized families and households contribute to thriving neighborhoods. Higher quality neighborhoods lead to a more sustainable, healthy community in all aspects. ENVIRONMENTAL IMPACTS Affordable housing programs help provide for a healthy environment. By offering affordable housing options for lower income people, more of Fort Collins’ work force can live in the community instead of being forced to live outside the community and commute into the city for work. This helps reduce traffic congestion and, thus, improves air quality. May 15, 2012 -4- ITEM 21 Affordable housing developers, including for-profit and non-profit agencies, are utilizing green building practices. Green building practices are being used in both new construction and major rehabilitation of existing housing unit projects. These practices include geo-thermal applications and other energy saving techniques. All affordable housing projects utilizing CDBG and HOME funds are required to pass a HUD Environmental Review which covers such items as noise impacts, floodplains, hazardous materials, etc. STAFF RECOMMENDATION Staff recommends adoption of the resolutions and the ordinances. BOARD / COMMISSION RECOMMENDATION The CDBG Commission presents recommendations as to which programs and projects should receive funding from the available funding sources presented above, including CDBG funds and the Human Services Program (HSP). The following tables present the allocations recommended by the Commission to the City Council within each major category: Planning and Administration Category Applicant Project/Program Request and Recommendation Source(s) of Funding Unfunded Balance Percent of Request Funded AD-1 City of Fort Collins CDBG Administration Request $209,032 Recommendation $209,032 $195,545 FY 2012 CDBG Entitlement Grant $13,487 CDBG Program Income $0 100% Affordable Housing and Public Facility Category Applicant Project/Program Request and Recommendation Source(s) of Funding Unfunded Balance Percent of Request Funded HO-1 Fort Collins Housing Authority (FCHA): Supportive Housing Request $455,000 Recommendation $323,108 $250,524 FY 2012 CDBG Entitlement Grant $43,834 FY 2011 CDBG Program Income May 15, 2012 -5- ITEM 21 Public (Human) Service Category Applicant Project/Program Request and Recommendation Source(s) of Funding Unfunded Balance Percent of Request Funded PS-1 Alliance for Suicide Prevention: Education & Awareness Programs Request $3,000 Recommendation $3,000 $3,000 (HSP Grant) $0 100% PS-2 B.A.S.E. Camp: Childcare Scholarships Request $59,000 Recommendation $50,000 $50,000 (CDBG Entitlement Grant) $9,000 85% PS-3 Boys & Girls Club: After-school and School-break Child Care and Youth Program Request $22,566 Recommendation $22,566 $22,566 (HSP Grant) $0 100% PS-4 CASA: Program Support Request $12,995 Recommendation $0 $0 $12,995 0% PS-5 Catholic Charities: Senior Outreach Request $15,000 Recommendation $15,000 $4,659 May 15, 2012 -6- ITEM 21 Public (Human) Service Category Applicant Project/Program Request and Recommendation Source(s) of Funding Unfunded Balance Percent of Request Funded PS-10 Crossroads Safehouse: Advocacy Program Request $99,216 Recommendation $39,853 $39,853 (HSP KFCG Grant) $59,363 40% PS-11 Disabled Resource Services (DRS): Access to Independence (ATI) Program Request $33,065 Recommendation $23,370 $22,000 (CDBG Grant) $1,370 (HSP Grant) $9,695 71% PS-12 Education and Life Training Center (ELTC): Employment Skills Training Request $24,500 Recommendation $20,000 $20,000 (HSP Grant) $4,500 82% PS-13 Elderhaus: Mindset Therapy Center Activity Program Request $23,592 Recommendation $10,800 $10,800 (HSP Grant) $12,792 46% PS-14 Family Center: Childcare May 15, 2012 -7- ITEM 21 Public (Human) Service Category Applicant Project/Program Request and Recommendation Source(s) of Funding Unfunded Balance Percent of Request Funded PS-19 Matthews House: Transition Program Request $31,500 Recommendation $27,000 $27,000 (HSP Grant) $4,500 86% PS-20 Neighbor to Neighbor (N2N): Housing Counseling Request $69,205 Recommendation $29,760 $29,760 (HSP KFCG Grant) $39,445 43% PS-21 Neighbor to Neighbor (N2N): Rent Assistance Request $30,000 Recommendation $25,000 $25,000 (HSP KFCG Grant) $5,000 83% PS-23 Rehabilitation and Visiting Nurse Association (RVNA): Home Health Care Scholarships Request $40,000 Recommendation $33,450 $33,450 (HSP Grant) $6,550 84% PS-24 Respite Care: Childcare Scholarships Request $32,000 May 15, 2012 -8- ITEM 21 A summary of the Commission's funding recommendations by category is presented in the following table: Recommended Funding % of Total Category $708,108 43.9% Affordable Housing and Public Facility 697,108 43.2% Public Services 209,032 12.9% CDBG Administration $1,614,248 100.0% Total The CDBG Commission has recommended all (100%) of the available funding amount of $1,614,248 be allocated. The Commission has recommended that the affordable housing proposal receive 71% of its funding request and that the public service proposal receive 500% of its funding request. While recommending that an applicant receive more funding than what was requested is unusual, it is not unprecedented. In 2002, the City Council followed the Commission’s recommendation and allocated over $299,000 to the City’s Home Buyer Assistance Program which initially requested $250,000. The Commission has recommended that 4 of the 28 public service proposals receive full funding; 23 proposals receive partial funding (ranging from 40% to 94%); and 1 proposal to receive no funding. The justifications for the Commission’s recommendations can be found in Attachment 5, Minutes of the April 12, 2012, meeting. PUBLIC OUTREACH HUD regulations require a 30-day public comment period on the proposed allocation of CDBG funds as recommended by the CDBG Commission. Staff placed an ad in the Coloradoan newspaper presenting the list of recommended funding for programs/projects and indicated the public comment period would start on April 16, 2012, and end on May 15, 2012. The Fort Collins Housing Authority has challenged the Commission’s recommendation for reduced funding for the Authority’s Supportive Housing project (letter attached). Conversely, Disabled Resource Services was thankful for the recommendation for building purchase that it received (letter attached). Staff has prepared the following options for Council’s consideration: OPTION 1: Maintain the CDBG Commission’s funding recommendations. FY 2012 CDBG Entitlement Grant $250,524 Fort Collins Housing Authority: Supportive Housing 385,000 Disabled Resource Services: Robertson Building Purchase FY 2011 CDBG Program Income $43,834 Fort Collins Housing Authority: Supportive Housing FY 2011 CDBG Unprogrammed Funds $28,750 Fort Collins Housing Authority: Supportive Housing Funding totaling $323,108 would be allocated to the Fort Collins Housing Authority for its Supportive Housing project; and funding of $385,000 would be allocated for Disabled Resource Services (DRS). Choosing this option would leave no remaining funding in this category. OPTION 2: Modify the funding recommendation of the CDBG Commission to increase funding for the FCHA and decrease funding for DRS. FY 2012 CDBG Entitlement Grant $455,000 Fort Collins Housing Authority: Supportive Housing 180,524 Disabled Resource Services: Robertson Building Purchase May 15, 2012 -9- ITEM 21 FY 2011 CDBG Program Income $43,834 Disabled Resource Services: Robertson Building Purchase FY 2011 CDBG Unprogrammed Funds $28,750 Disabled Resource Services: Robertson Building Purchase This option would increase the funding allocation for the Fort Collins Housing Authority’s Supportive Housing project to the requested amount of $455,000. Doing so would require a reduction in funds allocated for Disabled Resource Services new building purchase proposal to $253,108. Choosing this option would leave no remaining funding in this category. Note: Staff subsequently discussed Option 2 with DRS, and they are agreeable to the reduced amount ($253,108) of funding. The reduced amount is $176,108 over what DRS originally asked for ($77,000). OPTION 3: Modify the funding recommendations of the CDBG Commission to what was originally requested for both proposals. FY 2012 CDBG Entitlement Grant $455,000 Fort Collins Housing Authority: Supportive Housing 4,416 Disabled Resource Services: Robertson Building Purchase FY 2011 CDBG Program Income $43,834 Disabled Resource Services: Robertson Building Purchase FY 2011 CDBG Unprogrammed Funds $28,750 Disabled Resource Services: Robertson Building Purchase This option would allocate the funding as originally requested: $455,000 for FCHA’s Supportive Housing Project and $77,000 for Disabled Resource Services building purchase. Choosing this option would mean the full amount of CDBG funds would be appropriated, but $176,108 in CDBG funds would carry over to the fall 2012 Competitive Process cycle. Some applicants were disappointed in what resulted in an average five to ten thousand dollar funding decrease from last year’s allocations, but understood the realities of a three hundred thousand dollar shortfall on what was requested compared to what was available. Many agencies also been impacted by United Way funding cuts, and State and other funding reductions. In light of these challenges, many applicants expressed gratitude for anticipated City dollars, regardless of the amount. The City received several phone calls and letters. An April 20, 2012, letter from CASA-Court Appointed Special Advocates (copy attached) expressing disappointment with the Commission’s recommendation for no ($0) funding for CASA’s Program Support application, which requested $12,995. Staff does not expect CASA to appeal to the Council for funding at the May 15 meeting. In order for the City to allocate any funding to CASA, a funding recommendation for another agency(s) would need to be reduced as the Commission has recommended all funds eligible for distribution to public/human service agencies be allocated. The City also received a letter from Elderhaus regarding its reduced funding for the Mindset Therapy Center Activity Program (attached). Elderhaus was not critical of the Competitive Process and is not expected to formally contest the Commission’s recommendation, but did make an impassioned plea for additional funding. Again, in order for the City to allocate additional funding to Elderhaus, a funding recommendation for another agency(s) would need to be reduced, as all funds available were allocated. HOME Program Resolution 2012-036 establishes the major funding categories within the HOME Program for the FY 2012 Program year, which starts on October 1, 2012. Specific projects for the use of HOME funds will be determined in November as a result of the 2012 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. Overall HOME funding needing approval is $743,833. This overall amount includes: the FY 2012 HOME Grant of $542,507 and total FY 2011 Program Income of $201,326. Of that, dollars available for HOME Program Administration equals $57,556 (10% of Entitlement May 15, 2012 -10- ITEM 21 [$54,250] and a portion [$3,306] of HOME FY 2011Program Income). After Administration costs, there is $686,277 remaining, to be allocated to specific projects in the fall. The following table summarizes the sources of HOME funding for FY 2012. Amount Source $542,507 FY 2012 HOME Participating Jurisdictions Grant ($54,250 for Adminstration) 201,326 FY 2011 HOME Program Income ($3,306 for Adminstration) $743,833 Total HUD regulations allow a maximum of 10% of the HOME grant, or $54,250, and $3,306 of eligible Program Income, for a total of $57,556, for program administrative purposes. The following table summarizes the distribution of HOME funding. Recommended Funding % of Total Category $ 57,556 7.7% HOME Program Administration 686,277 92.3% Other Affordable Housing Projects $743,833 100.0% Total In addition to the HOME funds above, $325,047 from the City’s Affordable Fund will be also available for allocation to affordable housing proposals in the fall cycle of the competitive process. ATTACHMENTS 1. Background and Summary of the CDBG Commission’s Recommendations for Funding 2. Background Information on the Competitive Process 3. Affordable Housing Board’s Comments 4. Background Information on the CDBG and HOME Federal Programs 5. CDBG Commission’s Funding Recommendations, Meeting Minutes April 12, 2012 6. Public Comment Period on CDBG Competitive Process Recommendations: (a) April 30, 2012 letter from Fort Collins Housing Authority (FCHA) (b) April 23, 2012 letter from Disabled Resource Services (DRS) (c) April 20, 2012 letter from Court Appointed Special Advocates (CASA) (d) April 24, 2012 letter from Elderhaus 7. Focus Questions for CDBG Commission Decision Making 8. Formulation of Funding Recommendations Session 9. PowerPoint Presentation Attachment 1 BACKGROUND AND SUMMARY OF CDBG COMMISSION’S RECOMMENDATIONS FOR FUNDING At the May 15, 2012, regular City Council meeting, the Council will be conducting a public hearing and consider the adoption of a Resolution establishing which programs and projects will receive funding with Community Development Block Grant (CDBG) and City Human Services Program funds for the FY 2012 Program year, which starts on October 1, 2011. The Resolution establishing which programs and projects will receive 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 2. Since early January of this year, the CDBG Commission and members of the City staff’s Affordable Housing and Human Services Program 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 funding. The City’s Affordable Housing Board reviewed the written applications for affordable housing projects and forwarded comments on the proposals to the CDBG Commission. See Attachment 3 for a copy of the minutes of the Board’s March 1, 2012, meeting. 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 Commission also considered the funding guidelines contained in the Affordable Housing Strategic Plan 2010-2014 report adopted by the Council in July 2010. These guidelines include:  CDBG funds should generally be allocated as follows: 65% for Housing programs and projects. HUD CDBG Program regulations also permit up to a maximum of 15% for Public Services, and up to a maximum of 20% for Planning and Program Administration. 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. The City is an Entitlement recipient of CDBG funds meaning the City is guaranteed a certain level of funding each year. The level of funding is dependent on the total amount of funds allocated to the program by Congress and on a formula developed by HUD, which includes data on total population, minorities as a percentage of population, income levels, housing stock conditions, etc. Additional background information on the City's CDBG and HOME Investment 2 Partnership Programs (HOME) is presented in Attachment 4. The Human Services Program (HSP) was formerly the Community Partnership Program, a joint human services funding venture between the City of Fort Collins and Larimer County. Historically administered by the County, the City’s funding portion of the program switched to internal administration as a result of the 2006 Budgeting for Outcomes (BFO) process. In a focus towards streamlining government processes, improving customer service, and fine tuning desired results, the Human Services Program has been folded into the spring cycle of the City’s semi-annual Competitive Process, which manages a variety of funding streams. Funding awarded to programs target households in Fort Collins whose incomes are at 80% or below of Area Median Income (AMI). Those monies help fill other funding gaps, and lower the cost of housing and other basic services for Fort Collins citizens who are most vulnerable and in need. By empowering and stabilizing families, these funds strengthen and improve the fundamental building blocks of Fort Collins – its neighborhoods. AVAILABLE FUNDS The following table summarizes the amount and sources of all available CDBG and City funds for distribution during the spring cycle of the competitive process: Available Funding AMOUNT SOURCE $977,728 FY 2012 CDBG Entitlement Grant 67,436 FY 2011 CDBG Program Income 28,750 FY 2011 Unprogrammed CDBG Funds 389,601 2012 City Human Services Program 150,733 2012 City Human Services KFCG Funds $1,614,248 Total Funding Available Unprogrammed funds are funds from previous years that have yet to be allocated to specific programs or projects. Program Income includes repayments from rehabilitation loans and home buyer assistance loans, along with repayments from development loans. SELECTION PROCESS The selection process for the City's FY 2012 Spring Competitive Process began on January 12, 2012, when the CDBG Commission held a public hearing to obtain citizen input on community development and affordable housing needs. The Advance Planning Department placed legal advertisements in local and regional newspapers starting in January to solicit requests for housing and community development projects for FY 2012. The application deadline was Thursday February 16, 2012. The Competitive Process utilizes an on-line application (ZoomGrants). At the close of the deadline the City received 30 applications and a staff program administration proposal requesting a total of approximately $1.7 million. On March 1, 2012, copies of the housing applications were 3 reviewed by the Affordable Housing Board and copies of all applications were reviewed by the CDBG Commission. On Thursday March 1, 2012, the Affordable Housing Board, at its regular monthly meeting, voted to recommend that the CDBG Commission grant funding to the Fort Collins Housing Authority’s project (see Attachment 3). On Tuesday March 27, Wednesday, March 28, and Thursday, March 29, the Commission met to hear presentations and ask clarification questions from each applicant. The Commission then met on Thursday, April 12 for the purpose of preparing a recommendation to the City Council as to which programs and projects should be funded for the FY 2012 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 funding in previous years. The Commission then worked on the formulation of its list of recommendations. CDBG COMMISSION'S LIST OF RECOMMENDATIONS In addition to HUD funding limitations (20% for Planning and Administration and 15% for Public Services), the Commission had to decide which applicants presented programs and projects which best fit the City's needs and follow the funding priorities contained in the Affordable Housing Strategic Plan 2010-2014. Listed below is a summary of each applicant's initial request for funding and the Commission's list of recommendations. PLANNING AND ADMINISTRATION AD-1 CITY OF FORT COLLINS CDBG ADMINISTRATION Request: $209,032 Recommendation: $209,032 Component parts of the funding: $195,545 FY 2012 CDBG Entitlement Grant 13,487 FY 2011 Program Income The CDBG Program Administration budgets covers partial salary and benefits for three Program Administrators (total of 1.7 FTEs), an Administrative Assistant (.4 FTE) and the Advance Planning Department Director (.05 FTE), and operating expenses for the program. AFFORDABLE HOUSING and PUBLIC FACILITIES APPLICATIONS HO-1 FORT COLLINS HOUSING AUTHORITY: SUPPORTIVE HOUSING DEVELOPMENT Request: $455,000 due on sale loan/5% simple interest on principal Recommendation: $323,108 4 Component parts of the funding: $250,524 FY 2012 CDBG Grant 43,834 FY 2011 Program Income 28,750 FY 2011 Unprogrammed Funds This request is to provide funding for one of four highest priority strategic initiatives of Homeward 2020’s Ten-Year Plan to End Homelessness. This funding request layers the $586,077 land acquisition assistance allocation approved in the City’s Fall 2011 Competitive Process cycle. In this round, the applicant is requesting funds to help offset City, permit, and water fees that are not waived. The FCHA, Larimer Center for Mental Health, and other key community partners are working to develop Northern Colorado’s first Permanent Supportive Housing program of 40 units, using nationwide best practice models and technical assistance. Supportive housing combines affordable housing with services that help people who face the most complex challenges, live with stability, autonomy and dignity. Tenants served would be those persons coming out of homelessness or recent housing instability. PF-1 DISABLED RESOURCE SERVICES: ROBERTSON BUILDING PURCHASE Request: $77,000 due on sale loan/ 5% simple interest on principal Recommendation: $385,000 FY 2012 CDBG Grant DRS, after decades of being in very cramped quarters in the United Way building, has recently made an strategic move into service delivery space that is larger, more effective, and protects client confidentiality. The new, rented location is located at 1017 Robertson, and owned by Inner Health. Part of capital campaign funds previously saved were used to make building renovations, including those designed for accessibility. Disabled Resource Services hopes to raise the remainder of the funds and purchase the space (72% of the building) within the next year. DRS plans on purchase the remaining 28% of the building by 2015. The request is for $77,000, and is 20% of the anticipated purchase price, representing the down payment. PUBLIC SERVICE APPLICATIONS PS-1 ALLIANCE FOR SUICIDE PREVENTION OF LARIMER COUNTY: EDUCATION AND OUTREACH PROGRAMS Request: $3,000 Recommendation: $3,000 2012 City Human Service Program The Alliance’s R.A.P.P. Program and Hope for Today Programs provide education and awareness for middle and high school populations to recognize mental health disorders and suicidal behavior and provides the tools to seek help for those in need. The request would pay for printing costs for the materials and resources needed for the programs. 5 PS-2: B.A.S.E. CAMP: CHILDCARE SCHOLARSHIPS Request: $59,000 Recommendation: $50,000 FY 2012 CDBG Grant B.A.S.E. Camp is a before- and after-school child care service, and also provides full-day care for “school-out” days and the 11-week summer break. This application requests funding to cover the gaps created when serving low-income families with reduced fees. PS-3 BOYS AND GIRLS CLUB: CHILDCARE SCHOLARSHIPS Request: $22,566 Recommendation: $22,566 2012 City Human Services Program The Boys and Girls Club has requested assistance for its long-standing after-school and summer care program. The Club charges an annual fee of only $5 and provides activities for a wide age-range of kids. This application requests $22,566 to supplement the salaries of 20% of the 1 Lead FT Program Director and 15% of three FT Program Directors. PS-4 COURT APPOINTED SPECIAL ADVOCATES (CASA): PROJECT SUPPORT Request: $12,995 Recommendation: $0 CASA provides trained community advocates for children who have been abused and/or neglected by their parents. CASA is requesting assistance with 20% of the salary and benefits for two CASA case supervisors who provide training and supervision to the children’s advocates. PS-5 CATHOLIC CHARITIES: SENIOR SERVICES Request: $15,000 Recommendation: $15,000 Component parts of the funding: $10,115 FY 2011 CDBG Program Income 4,885 FY 2012 CDBG Grant Senior Outreach Services provides assistance to at-risk elderly with the goal of enabling them to maintain greater health, safety, and independence. Funding would cover 34% of the salary and benefits of the Senior Case Manager. PS-6 CATHOLIC CHARITIES: SHELTER AND SUPPORTIVE SERVICES Request: $60,000 Recommendation: $40,000 Component parts of the funding: $39,774 FY 2012 CDBG Grant 226 2012 City Human Services Program KFCG Funds 6 Catholic Charities’ Shelter (the Mission) provides shelter, food, case management, resource referrals, and benefits application assistance in support of the homeless and near homeless. This application requests City funds of $60,000 to cover 47% ($50K) of the salaries ($106,266) of the 24-hour shelter and on-call staff, and 16% (10K) of case management staff ($64,000). PS-7 CENTER FOR FAMILTY OUTREACH: LOW-INCOME YOUTH SCHOLARSHIPS Request: $7,020 Recommendation: $7,020 2012 City Human Services Program The Center for Family Outreach provides early intervention for youth ages 10 to 18 (and their parents) who are experiencing high-risk behaviors, such as alcohol use and drugs. Funding requested would partially pay for modest program fees and substance testing for low-income participants. PS-8 CHILDSAFE: CHILD ABUSE TREATMENT PROGRAM Request: $20,000 Recommendation: $12,000 2012 City Human Services Program KFCG Funds ChildSafe provides treatment to children from low-income families, who have been sexually abused. Funding requested would assist with salaries of therapists assisting children whose families can’t pay. PS-9 COLORADO HEALTH NETWORK (dba NORTHERN COLORADO AIDS PROJECT): CLIENT SERVICES/HOMELESS PREVENTION Request: $25,000 Recommendation: $15,000 2012 City Human Services Program The Case Management and Homelessness Prevention Programs help families and individuals coping with HIV/AIDS retain their household stability and health as their ability to be financially independent diminishes. NCAP has requested $25,000. Of that, $14,000 will supplement the salaries of direct service providers (five total). The remainder will be distributed as follows: Food Bank -- $3,100; Housing & Utility Assistance -- $4,600; Transportation Assistance -- $2,000; Medical/Prescriptions -- $3,300. PS-10 CROSSROADS SAFEHOUSE: ADVOCACY PROGRAM Request: $99,216 Recommendation: $39,853 Component parts of the funding: $11,106 2012 City Human Services Program 28,747 2012 City Human Services Program KFCG Funds Crossroads provides emergency shelter, services and outreach to abused adults at a full- service facility. This application requests City funds of $99,216 to fund 35% of all direct 7 service salaries. PS-11 DISABLED RESOURCE SERVICES (DRS): ACCESS TO INDEPENDENCE (ATI) PROGRAM Request: $33,065 Recommendation: $23,370 2012 City Human Services Program The ATI Program provides supportive case management and community assistance to increase the independence of severely disabled adults. This application requests $33,065 to pay for a portion of four case managers’ salaries for Fort Collins clients. PS-12 EDUCATION LIFE TRAINING CENTER (ELTC): EMPLOYMENT SKILLS TRAINING Request: $24,500 Recommendation: $20,000 2012 City Human Services Program The Job Ready program is ELTC’s 16-week instructor-led educational program designed to address workforce readiness gaps for low-income students and workforce needs for area employers. The coursework is designed to provide integrated, yet customized fast- track training. This application requests $24,500 to cover the partial salaries of part-time instructors and required GED testing fees. PS-13 ELDERHAUS: MINDSET THERAPY CENTER ACTIVITY PROGRAM Request: $23,592 Recommendation: $10,800 2012 City Human Services Program Mindset provides at-risk elderly and/or disabled adults with activities which enhance their ability to function independently. It also provides a respite for caregivers. This application seeks City funding of $23,592 to supplement the salaries of the Lead Program Director and one of three Program Directors working with Fort Collins clients. PS-14: FAMILY CENTER: CHILDCARE SCHOLARSHIPS Request: $45.000 Recommendation: $35,000 2012 City Human Services Program The Family Center provides affordable child care for infants, toddlers and preschool-aged children. This application requests $45,000 to provide scholarships for low- income households. PS-15 FOOD BANK FOR LARIMER COUNTY: KIDS CAFE PROGRAM Request: $27,000 Recommendation: $21,407 2012 City Human Services Program Kids Cafe provides meals for children ages 3 to 18 who are at risk of hunger. Meals are provided without regard to the income of the child’s family, but the sites where the meals are provided contain schools with the highest eligibility rates for free or reduced priced 8 lunches. This application requests $27,000 to partially cover the salaries of the Kids Cafe Manager ($16,000) and Technician [drives] ($11,000). PS-16 HOMELESSNESS PREVENTION INITIATIVE (HPI): RENTAL ASSISTANCE Request: $50,000 Recommendation: $45,000 2012 City Human Services Program KFCG Funds Emergency Rent Assistance provides temporary funding to cover the cost of rent for families facing eviction. This application requests $50,000 to cover one-time assistance towards rent for 540 individuals (or approximately 180 households). PS-17 LARIMER CENTER FOR MENTAL HEALTH (LCMH): COMMUNITY DUAL DISORDERS TREATMENT (CDDT) PROGRAM Request: $37,884 Recommendation: $23,380 2012 City Human Services Program The CDDT is a collaboration of Larimer Center for Mental Health, the Health District of Northern Larimer County and the Fort Collins Housing Authority which combines intensive case management and therapeutic services with housing assistance for persons with severe mental illness and severe substance abuse disorders. The request would cover 50% of the cost for a therapist for one year and 15% of Team Leader direct service salary. PS-18 LARIMER CENTER FOR MENTAL HEALTH (LCMH: EMERGENCY MENTAL HEALTH SERVICES Request: $24,000 Recommendation: $10,000 2012 City Human Services Program KFCG Funds The Mental Health specialist at the Murphy Center does initial mental health assessments, provides up to 10 short-term therapy sessions, collaborates for a spectrum of care with other community health providers, and performs crisis intervention triage, as necessary. The request would cover 50% of the salary cost for a full-time employee for one year. PS-19 MATTHEWS HOUSE: TRANSITIONS PROGRAM Request: $31,500 Recommendation: $27,000 2012 City Human Services Program The Matthews House intensively works with at-risk, homeless, and abused youth, ages 16-21, transitioning them to become contributing adult community members. Case management, independent living skills, and aftercare are offered towards achieving self- sufficiency. The request of $31,500 is for 50% of two FT case manager salaries. City funds would be used for case management for youth who do not come to the program through any contract basis (e.g. homeless youth). 9 PS-20 NEIGHBOR TO NEIGHBOR (N2N): HOUSING COUNSELING Request: $69,205 Recommendation: $29,760 2012 City Human Services Program KFCG Funds Housing Counseling consists of the following services: Emergency Rent Assistance Counseling, Pre-rental Counseling, Landlord/Tenant Counseling, Pre-purchase Counseling/Homebuyer Classes and Training, Mortgage Default Counseling and Reverse Mortgage Counseling. Neighbor to Neighbor has requested $69,205 in funding to fully fund one full-time Rental Housing Counselor and 70% of the salary for the full-time Foreclosure Prevention Counselor. PS-21 NEIGHBOR TO NEIGHBOR (N2N): RENT ASSISTANCE Request: $30,000 Recommendation: $25,000 2012 City Human Services Program KFCG Funds Neighbor to Neighbor’s Emergency Rent Assistance (ERA) Program provides rent assistance and first month’s rent for residents who need financial assistance to maintain housing. N2N has requested $30,000 in funding to subsidize 220 persons (85 households). Clients are assisted with a one-time $300 payment for rent assistance, and $450 towards a first month’s rent payment. PS-22 PROJECT SELF-SUFFICIENCY (PSS): SERVICES FOR SINGLE- PARENT FAMILIES Request: $33,000 Recommendation: $22,000 FY 2012 CDBG Grant The mission of Project Self-Sufficiency is to assist low-income single parents in their efforts to build and maintain strong, healthy families, achieve economic independence, and become free from community and government assistance. They have requested $33,000 to pay 16.4% of the salaries and benefits for three PS-S Advisors (representing 20 advisor hours/week) who work with program participants living in Fort Collins. PS-23 REHABILITATION AND VISITING NURSE ASSOCIATION (RVNA): HOME HEALTH CARE SCHOLARSHIPS Request: $40,000 Recommendation: $33,450 2012 City Human Services Program RVNA provides home care services, skilled and unskilled, as well as acute and long-term care in the client’s home. Services include nursing, physical therapy, occupational therapy, speech therapy, medical social services, certified nurse aide service, personal care service and homemaking services. RVNA has requested $40,000 of Public Service funds to pay for both skilled and unskilled service for low-income clients. PS-24 RESPITE CARE: CHILDCARE SCHOLARSHIPS Request: $32,000 Recommendation: $30,000 FY 2012 CDBG Grant 10 Respite Care offers day and overnight care as a service for families who have children (up to age 21) with developmental disabilities. Public Service funds of $32,000 are being requested to help with childcare scholarship assistance for low-income families. PS-25 TURNING POINT: CRISIS PREVENTION PROGRAM Request: $25,000 Recommendation: $17,500 2012 City Human Services Program This program at Turning Point provides no-cost mental health and substance abuse treatment services to low-income families who are uninsured, underinsured and/or unable to access more conventional providers or assistance. PS-26 TEACHING TREE: CHILDCARE SCHOLARSHIPS Request: $60,000 Recommendation: $50,000 2012 City Human Services Program Teaching Tree provides full-day early child care and education programs. $60,000 is being requested to subsidize the difference between the parent fee and the actual cost of care for 55 children in low-income families. PS-27 VOLUNTEERS OF AMERICA (VOA): NUTRITION SERVICES Request: $39,200 Recommendation: $29,200 2012 City Human Services Program Volunteers of America, in two programs, provides basic meals that target assistance for frail, low-income, and minority seniors. The Home Delivered Meal program delivers 5 to 7 free, nutritious frozen meals per week to homebound and geographically isolated members of our community. The Congregate Meal program occurs weekdays at six sites. The requested $39,200 in funding would supplement the actual cost of meals provided: 9,900 home delivered meals ($2.95/meal) and 1,960 congregate meals ($5.10/meal). The programs operate on a donation basis. PS-28 WOMEN’S RESOURCE CENTER: DENTAL CONNECTIONS Request: $55,465 Recommendation: $34,802 2012 City Human Services Program Teaching Tree provides full-day early child care and education programs. $60,000 is being requested to subsidize the difference between the parent fee and the actual cost of care for 60 children in low-income families. A summary of the Commission's funding recommendations by category is presented in the following table: Recommended Funding % of Total Category $708,108 43.9% Affordable Housing and Public Facilities 11 697,108 43.2% Public Services 209,032 12.9% CDBG Program Administration $1,614,248 100.0% Total The CDBG Commission has recommended all (100%) of the available funding amount of $1,614,248 be allocated. The Commission has recommended that the Housing Category proposal receive 71% of its funding request and that the Public Facility Category proposal receive 500% of its funding request. While recommending that an applicant receive more funding than what was requested is unusual, it is not unprecedented. In 2002, the City Council followed the Commission’s recommendation and allocated over $299,000 to the City’s Home Buyer Assistance Program which initially requested $250,000. The Commission has recommended that 4 of the 28 public service proposals receive full funding; 13 proposals receive partial funding (ranging from 40% to 94%); and 1 proposal to receive no funding. The justifications for the Commission’s recommendations can be found in Attachment 5, Minutes of the April 12, 2012, meeting. Attachment 6 contains letters from applicants received during the Public Comment period, and sent to City Council and/or the CDBG Commission. Attachment 7 contains Focus Questions used by the Commission to review the applications. Attachment 8 contains information provided to general citizen attendees on Commission’s deliberations session and how it formulates its funding recommendations. Attachment 9 provides the handouts pages from the PowerPoint presentation prepared for the May 15th City Council meeting. Attachment 2 Background Information on the Competitive Process for the Allocation of City Financial Resources to Affordable Housing Programs/Projects and Other Community Development Activities In February of 1999, the City Council approved the Priority Affordable Housing Needs and Strategies report, which contained the following strategy: Change from an administrative funding mechanism...to a competitive application process for the Affordable Housing Fund. Between September and November of 1999, a subcommittee consisting of members from the Affordable Housing Board and the Community Development Block Grant (CDBG) Commission met with staff to review issues and develop options for establishment of a competitive process. In addition, the staff solicited ideas from existing affordable housing providers. The subcommittee established the following Mission Statement for their work: Develop a competitive application process and establish a set of shared criteria for the allocation of the City’s financial assistance resources to affordable housing projects/programs that address the City’s priority affordable housing needs. Competitive Process Five options for a competitive process were reviewed and discussed by the subcommittee. The subcommittee reached a general consensus to support a competitive process that involved both the Affordable Housing Board and the CDBG Commission. The option selected would have the Affordable Housing Board providing recommendations to the City Council in regards to affordable housing policy. In addition, the option would have the Affordable Housing Board reviewing all affordable housing applications for CDBG, HOME and Affordable Housing funds. The Board would then provide a priority listing of proposals to the CDBG Commission. The CDBG Commission would then make the final recommendations to the City Council for funding. Funding Cycles The subcommittee also agreed that there should be two funding cycles per year, one in the spring and the other in the fall. CDBG Program funds would be allocated in the spring to affordable housing programs/projects and other community development activities (public services, public facilities, etc.). HOME Program and Affordable Housing funds would be allocated in the fall primarily to affordable housing programs/projects. The staff and subcommittee agreed that overlaying the new process and cycles would be heightened staff technical assistance to applicants. Both the subcommittee and staff recognize that a bi-annual process will require additional meetings by both the CDBG Commission and 2 Affordable Housing Board, and will require more time from current City staff, and increase the City Council’s involvement. Schedule The subcommittee also discussed two alternative schedules for the funding cycles. The option selected incorporates a spring cycle that starts in January and ends in May, and a fall cycle that starts in July and end in November. Review Criteria The subcommittee also discussed and agreed to a new set of review criteria to be used to rank proposals. The criteria are divided into the following five major categories: 1. Impact/Benefit 2. Need/Priority 3. Feasibility 4. Leveraging Resources 5. Capacity and History The Impact/Benefit criteria provide greater rewards to proposals that target lower income groups and provide longer benefits. The Need/Priority criteria help assure the proposal meets adopted City goals and priorities. The Feasibility criteria reward projects for timeliness 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). See next page for a detailed criteria scoring sheet. Application Forms Two new application forms have also been developed for a new on-line application process using a web-based platform through a product called ZoomGrants. One form is used for Housing proposals, while the other form is used for Non-Housing Proposals (Public Services, Public Facilities, etc.). City Council Adoption On January 18, 2000, the City Council approved Resolution 2000-13, formally adopting the Competitive Process for the allocation of City financial resources to affordable housing programs/projects and community development activities and the component parts discussed above. 3 Guidance Charts for CDBG, HSP HOME and Affordable Housing Funding There are two different “ranking sheets” which are used as guidelines for the Competitive Process. Primarily, the components listed serve to ensure that federal regulations and local policies and preferences are being addressed. These guidance charts are one set of many tools to assist the Community Development Block Grant (CDBG) Commission and the Affordable Housing Board (AHB) in Competitive Process decision making. The ranking sheets are completed by staff, based on information provided in proposal applications. Public (Human) Service Category Guidance Chart For Public (Human) Service applications, the ranking criteria are divided into five major categories. Each category is given a total number of points that has been weighed according to their importance with respect to local and federal priorities. PS-# [ ] Agency Name: Program Name 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. A. Impact/Benefit (maximum 30 points) 1. Primarily targets low income persons? (0-10) (all persons 0-30% of AMI and presumed benefit = 10 pts; at least half of the persons at or below 30% of AMI and the remaining persons at 31-50% of AMI = 8 pts; at least half of the persons at 31- 50% of AMI (or below) and at least half of the persons at 51-80% of AMI = 6 pts; all persons between 51-80% of AMI = 4 pts) 2. Project produces adequate community benefit related to cost? (0-5) 3. Does the project provide assistance for persons to gain self- sufficiency or maintain independence, or serve a special population? (0-5) 4. Does the project provide long-term benefit or affordability? (0-10) (1-10 yrs = 3 pts, 11-19 yrs = 6 pts, 20 - 30 yrs = 8 pts, permanent = 10 pts) Sub-total B. Need/Priority (maximum 15 points) 1. Meets a Consolidated Plan priority? (0-10) 2. Has the applicant documented a need for this project? (0-5) Sub-total C. Feasibility (maximum 15 points) 1. The project will be completed within the required time period? (0-3) 4 2. Project budget is justified? (Costs are documented and reasonable.) (0-4) 3. The level of public subsidy is needed? (Private funds are not available.) (0-4) 4. Has the applicant documented efforts to secure other funding? (0-4) Sub-total D. Leveraging Resources (maximum 20 points) 1. Does the project allow the reuse of our funding? (0-10) A. Principal and interest (30 - year amortization or less) 10 points B. Principal and no interest or principal and balloon payment (repayment) 6 points C. Due-on-sale loan 4 points D. Grant (no repayment) 2 points 2. Project leverages other financial resources? (0-10) A. Less than 1:1 0 points B. 1:1 to 1:3 4 points C. 1:3.01 to 1:6 7 points D. More than 1:6 10 points Sub-total E. Capacity and History (maximum 20 points) 1. Applicant has the capacity to undertake the proposed project? (0-10) 2. If previously funded, has the applicant completed prior projects and maintained regulatory compliance? (0-10) 3. If new, applicant has capacity to maintain regulatory compliance? (0-20) Sub-total GRAND TOTAL 5 Housing Category Guidance Chart COMPETITIVE PROCESS SELECTION CRITERIA GUIDANCE CHART Project ID: HO-# Primary Applicant: Secondary Applicant: Program/Project: Funding Request: Spring 2012 POLICIES AND STRATEGIES ALIGNMENT Affordable Housing Srtrategic/Consolidated Plan Priority Yes #? or No: Targets Low Income Persons Number of units serving households: 30% of AMI or lower: 31-50% of AMI: 51-60% of AMI: 61-80% of AMI: 81% of AMI or higher: Total Units: Percentage of units serving 50% of AMI or lower: #DIV/0! Long Term/Benefit/Affordability Number of years of affordability: Serves Special Population Yes ( ? ) or No: PLANNING FRAMEWORK ALIGNMENT Location According to City Plan located within… …1/4 mile of a transit line (Yes or No): 1/4 mile of an employment district (Yes or No): 1/4 mile of a community commercial district (Yes or No): located in… ...the downtown (Yes or No): ...a targeted redevelopment area (Yes or No): Distribution Policies of City Plan distance to nearest AH project: nearest Affordable Housing project name: 6 FINANCIAL HEALTH ALIGNMENT Justified Budget all cost documented: more then 1/2 costs documented: less than 1/2 costs documented: no costs documented: Attempt to Secure Other Funding Yes or No: Returns Funds to City principle and interest: principle, no interest, balloon: due-on-sale: grant: unknown: Leverage other Financial Resources Leveraging ratio (City funds .vs. other funds) 1 / ?: PROJECT DEVELOPMENT ALIGNMENT "Ready to Go" Status "final" gap financing: some funding, but not all: "conceptual" project: Capacity to Undertake the Project Proven track record: some concerns with the capabilities: serious concerns with the capabilities: Previously Funded, Regulatory Compliance successfully administered previous funding: some administrative issues: serious administrative issues: New Applicant, Demonstrated Capacity proven administrative track record, no concerns: some administrative concerns: serious administrative concerns: Attachment 3 CITY OF FORT COLLINS AFFORDABLE HOUSING BOARD MEETING MINUTES 281 N. College Ave. Conference Rooms A and B Fort Collins, Colorado March 1, 2012 4 to 6 p.m. Chair: Dan Byers Staff Liaison: Ken Waido 970-221-6753 City Council Liaison: Lisa Poppaw Board Members present: Ben Blonder, Dan Byers, Jeff Johnson, Troy Jones, Karen Miller, Wayne Thompson Board Members absent: Mike Sollenberger Advance Planning Department Staff present: Sharon Thomas, CDBG/HOME Grant Administrator; Joe Frank, Director Council Members present: None Other Staff present: Kate Jeracki, Note Taker Guests: Marilyn Hellers, League of Women Voters; Eric Sutherland, Citizen [Portion of Minutes pertaining to Affordable Housing Board’s review and ranking of the 2012 Spring Competitive Process housing proposal.] SPRING COMPETITIVE PROCESS — Sharon Thomas told the board that the Union Place proposal has been removed from consideration by the developer, leaving only the Fort Collins Housing Authority supportive housing request for CDBG funding. During discussion of the request, Jeff Johnson expressed concern that FCHA did not have a site secured for the project yet. Sharon explained that the original site had fallen through, and FCHA is now looking at three other sites, none in North Fort Collins. Jeff wondered if this project was ready to receive the money if the site was still undetermined. Ben Blonder pointed out that the Housing Authority needed to have the local funding in place to leverage other sources of funding to go forward, and the money will not be spent until it is needed. The board agreed that although this might be a concern with a private developer, the FCHA’s track record is excellent. Dan Byers said that it is important for the city to commit to the project at this time to get it moving. Ben Blonder said that the proposal, which will build 40 housing units for a population with less than 50 percent AMI – some less than 30 percent – and offer a range of support services as well, contains everything he would want to see in such a project. Wayne Thompson was concerned that funding the proposal was spending a lot of money on just 40 people. He said he is sure the FCHA will do a good job with it, but he would like to see the funds going to help more of the homeless population get into transitional housing. Ben Blonder moved that the Affordable Housing Board recommend the Community Development Block Grant Commission approve funding for Project HO-1. Karen Miller seconded, and the motion passed unanimously. Dan Byers will present the board’s recommendation to the CDBG Commission on March 29. ATTACHMENT 4 BACKGROUND INFORMATION ON THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) and HOME INVESTMENT PARTNERSHIP (HOME) PROGRAMS COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM CDBG PROGRAM NATIONAL OBJECTIVES The primary objective of the CDBG Program is the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income. Programs and projects funded with CDBG funds must address at least one of the following three broad National Objectives: (1) provide a benefit to low or moderate income households or persons, (2) eliminate or prevent slum and blight conditions, or (3) meet urgent community development needs which pose an immediate and serious threat to the health and welfare of the community. Presented below is a comparison of City CDBG expenditures for programs and projects categorized according to the National Objectives. HUD regulations require at least 70% of CDBG funds be used for activities that primarily benefit low and moderate-income persons. National Objectives Low/Moderate Income Benefit Slum/Blight Elimination Urgent Need National Average 90% 10% 0% City Expenditures for: 2011 100% 0% 0% 2010 100% 0% 0% 2009 100% 0% 0% 2008 100% 0% 0% 2007 100% 0% 0% 2006 100% 0% 0% 2005 100% 0% 0% 2004 100% 0% 0% 2003 100% 0% 0% 2002 100% 0% 0% CDBG PROGRAM ELIGIBLE ACTIVITIES CDBG funds can be used on a wide range of activities including: 2 (1) acquiring deteriorated and/or inappropriately developed real property (including property for the purpose of building new housing); (2) acquiring, constructing, rehabilitating or installing publicly owned facilities and improvements; (3) restoration of historic sites; (4) beautification of urban land; (5) conservation of open spaces and preservation of natural resources and scenic areas; (6) housing rehabilitation can be funded if it benefits low and moderate income people; and (7) economic development activities are eligible expenditures if they stimulate private investment of community revitalization and expand economic opportunities for low and moderate income people and the handicapped. Certain activities are ineligible, under most circumstances, for CDBG funds including: (1) purchase of equipment, (2) operating and maintenance expenses including repair expenses and salaries, (3) general government expenses, (4) political and religious activities, and (5) new housing construction. HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM HOME INVESTMENT PARTNERSHIP PROGRAM GUIDELINES (Adopted by the Fort Collins City Council, July 18, 1995) PURPOSE: The purpose of the Home Investment Partnership (HOME) Program is to increase the supply of decent, safe, and affordable housing in the City of Fort Collins for an extended period of time. All of the HOME funds must benefit low and very low income households which are defined by the Department of Housing and Urban Development as having a total household income not exceeding 80% of the median household income for the Fort Collins area. ELIGIBLE PROJECTS: HOME funds must be used in the following ways: 1. DIRECT HOUSING ASSISTANCE: Down payment assistance: To help low-income individuals to purchase housing for their principal residence. Applicants must meet income guidelines of no more than 80% of the current median household income for the Fort Collins area and will be required to attend a homebuyer workshop. Assistance is in the form of 3 zero percent deferred loan up to a maximum of $10,000 to help cover downpayment and closing cost expenses. The funding is repaid with a 5% simple interest charge when the property is sold or transferred out of the buyer’s name. Restrictions will apply which will assure the property remains affordable. This is accomplished by the “recapturing” of the HOME investment. Tenant based rental assistance: To help low-income households avoid eviction and homelessness, TBRA provides up to two years of housing subsidy and case management services to stabilize households and put them on the road to self- sufficiency. 2. NEW CONSTRUCTION of units for homeownership as well as rental occupancy targeted for low-income individuals and families which are developed, sponsored, or owned by community housing development organizations (CHDOs), non-profit agencies, and for-profit developers. 3. ACQUISITION of undeveloped, or developed, land resulting in the development or purchase of units for homeownership as well as rental occupancy. All regulations regarding income guidelines, purchase price limitations, resale limitations, rental rates, etc., will apply to acquisition projects. ELIGIBLE PROPERTY TYPES: Eligible property types for purchase include both existing property or newly constructed homes. Eligible property includes a single-family property, a condominium unit, a manufactured home (including mobile homes on a permanent foundation), or a cooperative unit. For purposes of the HOME program, homeownership means: (1) ownership in fee simple title, or (2) a 99 year leasehold interest, or (3) ownership or membership in a cooperative, or (4) an equivalent form of ownership which has been approved by the Department of Housing and Urban Development. The value and purchase price of the HOME assisted property to be acquired must not exceed 95% of the area median purchase price for that type of housing as established by HUD. RECAPTURE RESTRICTIONS WILL APPLY. (The value must be verified by a qualified appraiser or current tax assessment.) Initial purchase price limit established by HUD is currently $212,015. HOME PROGRAM PRIORITIES The 2010-2014 Consolidated Plan, a planning document required for HUD by entities receiving federal monies for housing and community development activities, identifies the following priorities for housing related needs: 4 1. Stimulate housing production for very low, low and moderate income households. 2. Increase home ownership opportunities for very low, low and moderate income households. 3. Increase the supply of public housing for families and those with special needs. Implementation and funding of activities to address these priorities will come, in part, from the City of Fort Collins HOME Investment Partnership Program. Attachment 5 CITY OF FORT COLLINS COMMUNITY DEVELOPMENT BLOCK GRANT COMMISSION MEETING MINUTES 215 N. Mason St., Fort Collins 6 p.m., April 12, 2012 CDBG Commission Members Present: Anita Basham Robert Browning Gordon Coombes Catherine Costlow Jamaal Curry Margaret Anne Long Kay Rios Emily Sander Kristin Stephens Staff Attending: Sharon Thomas Beth Rosen Heidi Phelps Jennifer Harvey Call to Order: Meeting was called to order by Chair Kay Rios at 6 p.m. Purpose of Meeting: To determine the Commission’s funding recommendations to City Council for the Spring 2012 Competitive Process. Ground Rules: A motion with a specific amount and a second is required to open discussion on a specific request. Once the motion is seconded, the member making the motion should state the reason for the motion, followed by the second. If the second has no additional points to make, say “ditto.” Discussion is then open to the full Commission, followed by a vote by show of hands. Once all of the requests are placed on the table, another round of motions will be required to adjust the final funding amounts to balance with the funds available. Overall requests totaled $1,745,240, and available funds totaled $1,614,248. Housing/Public Facilities requests totaled $532,000, with $708,108 available. Public Service requests totaled $1,004,208, while $697,108 was available. Heidi Phelps reminded the half-dozen observers that this meeting was the last in an ongoing process, and the Commission has been considering the requests voted on tonight for some time, including hearing presentations from the requesting organizations. Recommendations will be considered by City Council on May 15. No public comment was taken, but Phelps asked those in attendance to contact staff members present with any questions or concerns about the recommendations or the process. The Commission started deliberations with the Administrative and Housing/Public Facilities 2 requests, then moved to the Public Service requests. Requests were not considered in numerical order. HOME ADMINISTRATION & PROGRAMS CATEGORY City of Fort Collins: HOME Administration & Programs -- $743,833 requested FIRST ROUND: Total HOME funds needing approval for the fall are in the amount of $743,833. Bob Browning moved to approve HOME funds for administration of the HOME program [$57,556]. Kristen Stephens seconded. Sharon Thomas explained that up to ten percent (10%) of available HOME funds can be used to administer the program. The overall amount for HOME projects must be approved for in the spring, so that the City can submit its Annual Action Plan to HUD. Allocation to specific projects will occur in the fall Competitive Process cycle. Approving the HOME administration dollars in the spring allows those funds to be activated October 1, with the new program year. VOTE: Unanimous, in favor. Motion passed. RECOMMENDATION: FULLY FUND AMOUNT REQUESTED. FIRST ROUND: Jamaal Curry moved to approve the remaining overall HOME funding [$686,277] to be specifically allocated to projects in the fall. Kristen Stephens seconded. VOTE: Unanimous, in favor. Motion passed. RECOMMENDATION: FULLY FUND AMOUNT REQUESTED. HOUSING/PUBLIC FACILITIES CATEGORY PF-1 — Disabled Resource Services: Robertson Building Purchase -- $77,000 requested FIRST ROUND: Bob Browning moved to approve $385,000 for Disabled Resource Services to purchase the building on Robertson Street. Margaret Long seconded. Browning: The Commission rarely gets the opportunity to fund a public facilities project, and it’s good to be able to provide funds without taking from any other project. This organization does a lot of good for a lot of people, which is why it outgrew its previous space. Long: Ditto. Rios: They are putting a lot of money into the building and can use the funds to better serve clients for a long time. Curry: The request is for $77,000, which covers 20 percent of the purchase cost. Browning: The $385,000 buys the whole building. VOTE: Unanimous, in favor. Motion passed. 3 RECOMMENDATION: FUND IN THE AMOUNT OF $385,000. HD-1 — Fort Collins Housing Authority (FCHA): Supportive Housing -- $455,000 requested FIRST ROUND: Bob Browning moved to fund this request with the available balance remaining after funding PF-1; Kay Rios seconded. Browning: This request is not site-specific, but it’s important to fund it now to allow FCHA to leverage additional funding from the Colorado Housing Finance Authority (CHFA) through an application for Tax Credits[Low Income Housing Tax Credits]. Sander: Concerned about how funding recommendation might affect FCHA’s Tax Credit application. Is there a minimum? Rios: It’s not the amount requested, but there will be additional money available in the fall. Long: Funding makes good sense because it allows site selection to be completed. Costlow: Does FCHA need the money now or later? Does Disabled Resources need the money now or later? Sharon Thomas: Having “first-in” money from the City will help the FHA qualify for a tax credit. Beth Rosen: We need a letter of intent to fund to CHFA by June 1. Heidi Phelps: There’s only about a 3-month lag between funds becoming available from the Spring and Fall funding cycles; the bulk of the Spring funding will be distributed after Oct. 1, Fall money in January. Sander: Concerned about lack of site, but don’t want to kill if we can’t give it all the funding it needs. VOTE: 7-2 in favor, with Costlow and Sander opposed. Motion passed. RECOMMENDATION: FUND IN THE AMOUNT OF $321,358. PUBLIC SERVICE CATEGORY PS-1 — Alliance for Suicide Prevention: Education & Awareness Programs -- $3,000 requested FIRST ROUND: Bob Browning moved to approve the request for $3,000 for the Alliance for Suicide Prevention. Gordon Coombes seconded. Browning: They can reach a lot of people with a small amount of money. Coombes: Ditto. VOTE: Unanimous in favor. Motion passed. RECOMMENDATION: FULLY FUND PS-1 IN AMOUNT REQUESTED. PS-2 — B.A.S.E. Camp: Childcare Scholarships -- $59,000 requested 4 FIRST ROUND: Margaret Long moved to fully fund the $59,000 request for B.A.S.E. Camp scholarships. Jamaal Curry seconded. Long: This is a valuable service for school-age children. Curry: The funds awarded during the last cycle will be used up this summer, which is their busiest time. VOTE: Unanimous in favor. Motion passed. SECOND ROUND: Bob Browning moved to reduce the funding for B.A.S.E. Camp to $50,000. Kay Rios seconded. Browning: This amount will allow the organization to offer 120 scholarships rather than 140. VOTE: 7-2 in favor, with Curry and Stephens opposed. Motion passed. RECOMMENDATION: FUND PS-2 IN THE AMOUNT OF $50,000. PS-3 — Boys & Girls Club: After-School/School-Break Child Care/Youth Program -- $22,566 requested FIRST ROUND: Jamaal Curry moved to fully fund the $22,566 request from the Boys & Girls Club. Kay Rios seconded. Curry: This program gives us good bang for the buck. For only $5 per year, kids get a safe place to be and things to do that help develop the youth of our community. The amount is not much more than last year’s funding. Rios: Ditto. VOTE: 8 in favor, with 1 abstention by Coombes. Motion passed. RECOMMENDATION: FULLY FUND PS-3 IN AMOUNT REQUESTED. PS-4 — CASA (Court Appointed Special Advocate): Program Support -- $12,995 requested FIRST ROUND: Bob Browning moved to approve no funding for the CASA request. Margaret Long seconded. Browning: There's nothing bad to say about this organization, but we have higher priorities. I know they were hurt by the United Way funding cuts, but we can't pick up the difference for everyone. VOTE: 8 in favor, with 1 abstention by Rios. Motion passed. RECOMMENDATION: NO FUNDING FOR PS-4. PS-5 — Catholic Charities: Senior Outreach -- $15,000 requested FIRST ROUND: Margaret Long moved to approve full funding for the $15,000 request from Catholic Charities for Senior Outreach. Kay Rios seconded. Long: It’s the only program available at 5 no cost that provides case management. Rios: Ditto. VOTE: 7-2 in favor, with Costlow and Browning opposed. Motion passed. RECOMMENDATION: FULLY FUND AMOUNT REQUESTED. PS-6 — Catholic Charities: Shelter & Supportive Services -- $60,000 requested FIRST ROUND: Bob Browning moved to fund the Catholic Charities request for shelter and supportive services in the amount of $50,000. Kay Rios seconded. Browning: If we’re looking to buy things, this will fund the top priority in the application. Rios: Ditto. VOTE: 7-1 in favor, with Costlow opposed and 1 abstention by Curry. Motion passed. SECOND ROUND: Jamaal Curry moved to reduce funding for Catholic Charities’ shelter and supportive services to $40,000. Kay Rios seconded. VOTE: Unanimous, in favor. Motion passed. RECOMMENDATION: FUND PS-6 IN THE AMOUNT OF $50,000. PS-7 — Center for Family Outreach: Low-income Youth Scholarships -- $7,020 requested FIRST ROUND: Jamaal Curry moved to fully fund the $7,020 request from Center for Family Outreach. Bob Browning seconded. Curry: There are relatively few programs that reach out to youth who are struggling and keep them on track so that they are not utilizing other services on the other end of the line. Bob: Ditto. Rios: They have an 84 percent success rate, and it’s not very much money. VOTE: 5 in favor, 3 opposed, 1 abstention by Coombes. Motion passed. RECOMMENDATION: FULLY FUND PS-7 IN AMOUNT REQUESTED. PS-8 — ChildSafe Colorado: Child Abuse Treatment Program -- $20,000 requested FIRST ROUND: Bob Browning moved to fully fund the $20,000 request from ChildSafe. Gordon Coombes seconded. Browning: It’s a good bargain – they serve 613 clients, and do a lot of good in the community. Coombes: Offers help to deal with abuse that can develop into greater issues like homelessness and mental health issues. If we invest in this now, we can eliminate stress on other programs that deal with the greater issues. Long: This is a very good program, but not in favor of full funding. They receive strong support from other sources. 6 VOTE: 3 in favor, 5 opposed, 1 abstention. Motion failed. SECOND ROUND: Gordon Coombes moved to partially fund the request from ChildSafe in the amount of $10,000. Jamaal Curry seconded. VOTE: 4 in favor, 5 opposed. Motion failed. THIRD ROUND: Bob Browning moved to fully fund the $20,000 request from ChildSafe. Gordon Coombes seconded. Browning: We shouldn’t penalize programs fro having other sources of funding. Coombes: If we did, there are lots of other programs we’d have to cut. VOTE: 4 in favor, 5 opposed. Motion failed. FOURTH ROUND: Kay Rios moved to fund ChildSafe in the amount of $15,000. Bob Browning seconded. VOTE: 4 in favor, 5 opposed. Motion failed. FIFTH ROUND: Bob Browning moved to fund the request from ChildSafe in the amount of $12,000. Gordon Coombes seconded. VOTE: 5 in favor, 4 opposed. Motion passed. RECOMMENDATION: FUND PS-8 IN THE AMOUNT OF $12,000. PS-9 — Colorado Health Network – Northern Colorado AIDS Project: Client Services/Homelessness Prevention -- $25,000 requested FIRST ROUND: Catherine Costlow moved to fully fund the $25,000 request for Colorado Health Network - NCAP. Jamaal Curry seconded. Costlow: Only source of funding for this vulnerable population, which needs this kind of support. Curry: Ditto. VOTE: 8-1 in favor, with Browning opposed. Motion passed. SECOND ROUND: Bob Browning moved to reduce funding to NCAP to $15,000. Margaret Long seconded. Browning: The organization is undergoing a statewide reorganization that may make other funds available. VOTE: Unanimous in favor. Motion passed. RECOMMENDATION: FUND PS-9 IN THE AMOUNT OF $15,000. 7 PS-10 — Crossroads Safehouse: Advocacy Program -- $99,216 requested FIRST ROUND: Kay Rios moved to fund the request from Crossroads Safehouse in the amount of $50,000. Kristen Stephens seconded. Rios: This is a great program but it’s a big increase over last year’s funding, and it’s not clear how more money would get us more services. Stephens: The $50,000 just about covers the top three priorities in the request. It’s important to keep the momentum going to provide housing for a vulnerable population. VOTE: 8-1 in favor, with Costlow opposed. Motion passed. SECOND ROUND: Bob Browning moved to reduce the funding to Crossroads Safehouse to $29,853. Emily Sander seconded. Browning: This amount will allow the organization to fund its top two priorities in its request. VOTE: 8-1 in favor, with Stephens opposed. Motion passed. THIRD ROUND: Kristen Stephens: After the two reductions, Crossroads took the biggest hit, receiving less than a third of the requested amount while other programs took a 10 percent to 20 percent reduction. She felt the cuts should be made equally. Rios: Agreed. The $29,853 would fund the top two priorities in the request. Browning: Another $24,119 would be needed to fund the organization’s next priority. Rios: Where would the Commission like to take funds from to increase funding to Crossroads? Bob Browning moved to reduce funding to ELTC (Request PS-12) by $10,000 and allocate those funds to Crossroads Safehouse (Request PS-10). Kristen Stephens seconded. Stephens: This will increase funding to Crossroads to $39,853, which is more in line with last year’s funding level. VOTE: 7 in favor, 2 opposed. Motion passed. FOURTH ROUND: Gordon Coombes moved to reduce funding to the Family Center (La Familia) — Request PS- 14 — to $35,000 and reallocate $10,000 to Crossroads Safehouse — Request PS-10. Bob Browning seconded. VOTE: 8-1 in favor, with Sander opposed. Motion passed. RECOMMENDATION: FUND PS-10 IN THE AMOUNT OF $39,853. PS-11 — Disabled Resource Services: Access to Independence (ATI) -- $33,065 requested FIRST ROUND: Bob Browning moved to fund the Disabled Resource Services ATI request in the amount of $23,370. Anita Basham seconded. Browning: This amount will fund the top two priorities in 8 the application. Basham: Ditto. VOTE: Unanimous in favor. Motion passed. RECOMMENDATION: FULLY FUND PS-11 IN THE AMOUNT REQUESTED. PS-12 — Education and Life Training Center (ELTC): Employment Skills Training -- $24,500 requested FIRST ROUND: Catherine Costlow moved to approve partial funding for the ELTC request in the amount of $20,000. Kristen Stephens seconded. Costlow: It’s the only program in front of us that addresses employment skills for adults, to get their GED, increasing skills to obtain jobs and working with employers. This amount is about what they got last year. Browning: This brings up the question of living wages. They have a very poor record of tracking success. Stephens: The population they serve is very hard to track, especially if they are moving forward in their jobs. No one should be penalized for not making a living wage with a GED. VOTE: 5 in favor, 4 opposed. Motion passed. SECOND ROUND: Bob Browning moved to reduce funding to ELTC (Request PS-12) by $10,000 and allocate those funds to Crossroads Safehouse (Request PS-10). Kristen Stephens seconded. VOTE: 7-2 opposed. Motion passed. RECOMMENDATION: FUND PS-12 IN THE AMOUNT OF $20,000. PS-13 — Elderhaus: Mindset Therapy Center Activity Program --$23,592 requested FIRST ROUND: Catherine Costlow moved to approve full funding for the $23,592 request from Elderhaus. Emily Sander seconded. Costlow: They serve a population that is at risk and growing, and this program helps stem other problems that can develop for family caregivers. Sander: Ditto. Basham: Quite a few of those served are not elderly but are disabled. VOTE: Unanimous, in favor. Motion passed. SECOND ROUND: Bob Browning moved to reduce the funding for Elderhaus to $10,800. Kristen Stephens seconded. VOTE: 5-3 in favor, with 1 abstention by Curry. Motion passed. RECOMMENDATION: FUND PS-13 IN THE AMOUNT OF $10,800. 9 PS-14 — Family Center: Childcare Scholarships — $45,000 requested FIRST ROUND: Kristen Stephens moved to fully fund the $45,000 request for childcare scholarships from Family Center (La Familia). Jamaal Curry seconded. Stephens: This provides infant childcare, which is desperately needed, and no one can do it cheaper. Rios: They also provide parent education. Browning: The cost per child is significantly higher than other programs, and the number of people served is lower. Curry: Infant care requires at higher type of certification than care for toddlers or older children. Basham: They serve 28 children. Heidi Phelps clarified that the organization had chosen the strategy of serving fewer families with more focused services than other programs. VOTE: 5 in favor, 4 opposed. Motion passed. SECOND ROUND: Gordon Coombes moved to reduce funding to the Family Center (La Familia) — Request PS- 14 — to $35,000 and reallocate $10,000 to Crossroads Safehouse – Request PS-10. Bob Browning seconded. VOTE: 8-1 in favor, with Sanders opposed. Motion passed. RECOMMENDATION: FUND PS-14 IN THE AMOUNT OF $35,000. PS-15 — Food Bank for Larimer County: Kids Café Program -- $27,000 requested FIRST ROUND: Anita Basham moved to fully fund the $27,000 request from the Food Bank of Larimer County for its Kids Café Program. Jamaal Curry seconded. Basham: It’s important when you look at the number of people using the program, and there is a human element: If the staff sees the mother not eating because she can’t afford food, they will bring something out from the kitchen for her. Curry: The demand has increased 250 percent since 2005. VOTE: Unanimous, in favor. Motion passed. SECOND ROUND: Emily Sander moved to reduce funding the Food Bank for Larimer County to $21,000. Margaret Long seconded. Sander: This will take the funding amount back to last year’s level. Jamaal Curry offered a friendly amendment to make the funding amount $21,407. Sander and Long accepted the amendment. VOTE: 7-2 in favor, with Basham and Stephens opposed. Motion passed. RECOMMENDATION: FUND PS-15 IN THE AMOUNT OF $21,407. PS-16 — Homelessness Prevention Initiative: Rental Assistance -- $50,000 requested FIRST ROUND: 10 Jamaal Curry moved to fully fund the $50,000 request from HPI. Emily Sander seconded. Curry: This program keeps people off the street and in their own homes. There is little overlap between HPI and N2N – fewer than 15 percent of clients are served by both programs. It eases the burden on both families and the city. Long: It strengthens the program’s flexibility when it collaborates with N2N – there are no bureaucratic rigidities to prevent them from helping people. Rios: The administrative costs are very low. VOTE: 8-1 in favor, with Costlow opposed. Motion passed. SECOND ROUND: Gordon Coombes moved to reduce funding to HPI to $45,000. Margaret Long seconded. Coombes: This will take the funding level back to last year’s amount. VOTE: Unanimous, in favor. Motion passed. RECOMMENDATION: FUND PS-16 IN THE AMOUNT OF $45,000. PS-17 — Larimer Center for Mental Health (LCMH): Community Dual Disorders Treatment (CDDT) Program -- $37,884 requested FIRST ROUND: Emily Sander moved to fully fund the LCMH request for $37,884 for the dual disorders treatment program. Anita Basham seconded. Sander: This is a very difficult population to serve; the program can help them stay in their homes. Basham: The request is for a half-time staff person. It’s hard to find the skills to work with this population. VOTE: 3 in favor, 4 opposed, 2 abstentions by Curry and Rios. Motion failed. SECOND ROUND: Kay Rios moved to fund the LCMH request for dual disorders treatment in the amount of $28,380. Kristen Stephens seconded. VOTE: 5 in favor, 2 opposed, 2 abstentions. Motion passed. RECOMMENDATION: FUND PS-17 IN THE AMOUNT OF $28,380. PS-18 — Larimer Center for Mental Health (LCMH): Emergency Mental Health Services -- $24,000 requested FIRST ROUND: Anita Basham moved to fully fund the $24,000 request from LCMH for emergency services. Margaret Long seconded. Basham: These are services that are terribly underfunded in our community – serving the homeless and youth in crisis. Long: If they are not on Medicaid, this the first point to serve this population. VOTE: 2 in favor (Basham and Long), 7 opposed. Motion failed. 11 SECOND ROUND: Margaret Long moved to fund the LCMH request for emergency services in the amount of $18,000. Kay Rios seconded. Long: I’m impressed by the work done by the Sister Alice Murphy Center, which is an important piece of the request. VOTE: 4 in favor, 4 opposed, 1 abstention by Curry. Motion failed. THIRD ROUND: Gordon Coombes moved to fund the request from LMCH for emergency services in the amount of $10,000. Kristen Stephens seconded. VOTE: 8 in favor, 1 opposed. Motion passed. RECOMMENDATION: FUND PS-18 IN THE AMOUNT OF $10,000. PS-19 — Matthews House: Transition Program -- $31,500 requested FIRST ROUND: Anita Basham moved to approve full funding of the $31,500 request from the Matthews House for its Transition Program. Kristen Stephens seconded. Basham: They are moving into a new space to serve more clients – the need has grown. Stephens: They serve kids who are too old for foster care, many of whom can wind up homeless. VOTE: 7-2 in favor, with Browning and Costlow opposed. Motion passed. SECOND ROUND: Kay Rios moved to reduce funding to Matthews House to $27,000. Margaret Long seconded. VOTE: Unanimous, in favor. Motion passed. RECOMMENDATION: FUND PS-19 IN THE AMOUNT OF $27,000. PS-20 — Neighbor to Neighbor: Housing Counseling -- $69,205 requested FIRST ROUND: Jamaal Curry moved to fund the request from Neighbor to Neighbor for housing counseling in the amount of $40,175. Kay Rios seconded. Browning: This amount will fund the top two priorities in the application. Long: Very supportive of the program. Rent assistance can’t be successful without the case management expertise to steer clients in the right direction. VOTE: 8-1 in favor, with Costlow opposed. Motion passed. SECOND ROUND: Kay Rios moved to reduce funding to the Neighbor to Neighbor counseling program to $29,760. Kristen Stephens seconded. Rios: This amount will cover the cost of one counselor at 40 hours per week for 48 weeks, rather than 52 weeks. 12 VOTE: 8-1 in favor, with Long opposed. Motion passed. RECOMMENDATION: FUND PS-20 IN THE AMOUNT OF $29,760. PS-21 — Neighbor to Neighbor: Rent Assistance -- $30,000 requested FIRST ROUND: Bob Browning moved to fully fund the $30,000 request from Neighbor to Neighbor for rent assistance. Jamaal Curry seconded. Browning: This buys people the opportunity to stay in their own homes. Curry: Ditto. VOTE: Unanimous, in favor. Motion passed. SECOND ROUND: Catherine Costlow moved to reduce funding for Neighbor to Neighbor rent assistance to $25,000. Gordon Coombes seconded. Costlow: This will take the funding amount back to last year’s level. VOTE: Unanimous, in favor. Motion passed. RECOMMENDATION: FUND PS-21 IN THE AMOUNT OF $25,000. PS-22 — Project Self-Sufficiency: Services for Single Parent Families -- $33,000 requested FIRST ROUND: Anita Basham moved to fully fund the $33,000 request from Project Self-Sufficiency. Margaret Long seconded. Basham: I’ve seen the results of PS-S working with single mothers and their children, allowing them to get an education. I’d like to fund them to some extent. Kay Rios offered a friendly amendment to fund the request in the amount of $25,000. Jamaal Curry seconded and both Basham and Long accepted. VOTE: Amended motion approved 8-1, with Browning opposed. Motion passed. SECOND ROUND: Margaret Long moved to reduce funding to Project Self-Sufficiency to $22,000. Kristen Stephens seconded. Long: This will take the funding amount back to last year’s level. VOTE: Unanimous, in favor. Motion passed. RECOMMENDATION: FUND PS-22 IN THE AMOUNT OF $22,000. PS-23 — Rehabilitation Visiting Nurse Association (RVNA): Home Health Care Scholarships -- $40,000 requested 13 FIRST ROUND: Anita Basham moved to fully fund the $40,000 request from the RVNA. Bob Browning seconded. Basham: They provide preventive care on a sliding scale, helping keep people out of nursing homes. Browning: It’s important to keep people in their own homes and get care they need. Long: It provides access to care for people under the age of 60. It’s a struggle to find funding for this population. VOTE: Unanimous, in favor. Motion passed. SECOND ROUND: Emily Sander moved to reduce funding to RVNA to $35,000. Gordon Coombes seconded. Sander: This will take the funding back to last year’s level. Basham: They are serving a population in very difficult circumstances – those under 60 without access to Medicare who have no insurance – on a sliding scale. Long: While she is very supportive of the program, there is another source of funding, the Larimer County Office on Aging. Basham offered a friendly amendment to fund in the amount $37,500. Sander and Coombes did not accept it. Bob Browning offered a friendly amendment to reduce funding to $33,450. Sander and Coombes accepted it. Browning: That amount covers 70 percent of the amount needed for home personal care. Basham: Personal care is different from skilled nursing care, and she wasn’t sure that’s where RVNA would make up the funding shortfall. VOTE: 8-1 in favor, with Basham opposed. Motion passed. RECOMMENDATION: FUND PS-23 IN THE AMOUNT OF $33,450. PS-24 — Respite Care: Childcare Scholarship -- $32,000 requested FIRST ROUND: Anita Basham moved to fully fund the $32,000 request from Respite Care. Kristen Stephens seconded. Basham: This will fund scholarships and their new facility. Stephens: They are serving a population not otherwise served. 24/7 services allow parents to go to work and school. Curry: They specialize in tube feeding, which requires special skills. He agreed with the funding. VOTE: 8-1 in favor, with Long opposed. Motion passed. SECOND ROUND: Catherine Costlow moved to reduce funding for Respite Care scholarships to $30,000. Kristen Stephens seconded. Costlow: This takes the funding back to 2011 level. VOTE: Unanimous, in favor. Motion passed. RECOMMENDATION: FUND PS-24 IN THE AMOUNT OF $30,000. PS-25 — Turning Point: Crisis Intervention Program -- $25,000 requested 14 FIRST ROUND: Catherine Costlow moved to approve reduced funding for Turning Point in the amount of $17,500. Kay Rios seconded. Costlow: This is about 60 percent of what they asked for. They are addressing both teens and family outreach. When they are referred to Turning Point by Health and Human Services, they stay about 4 months, and the organization works closely with the schools for supervision. Curry: They receive no funding from Health and Human Services. VOTE: 8-1 in favor, with Sander opposed. Motion passed. RECOMMENDATION: FUND PS-25 IN THE AMOUNT OF $17,500. PS-26 — (UDCC) Teaching Tree: Childcare Scholarships -- $60,000 requested FIRST ROUND: Emily Sander moved to fully fund the $60,000 scholarship request from Teaching Tree. Jamaal Curry seconded. Sander: This will serve 60 families with incomes under 50 percent AMI. VOTE: Unanimous, in favor. Motion passed. SECOND ROUND: Bob Browning moved to reduce funding to Teaching Tree to $50,000. Gordon Coombes seconded. Browning: This amount will allow the organization to offer 50 scholarships instead of 60, but everyone has to share the pain. VOTE: 7-2 in favor, with Curry and Long opposed. Motion passed. RECOMMENDATION: FUND PS-26 IN THE AMOUNT OF $50,000. PS-27 — Volunteers of America: Nutrition Services -- $39,200 requested FIRST ROUND: Emily Sander moved to partially fund the request from VOA in the amount of $29,200. Bob Browning seconded. Sander: This amount covers 9,900 nutritious home-delivered meals. Browning: There is a greater presumed benefit to the delivered meals, since the communal meals are open to the public and you don’t have to show proof of need to eat. Curry: Disagree. Over the next three years, VOA will lose funding from United Way, whichmeans losing 6,700 meals a year. Communal meals also provide a social benefit to a population that can use the companionship. VOTE: 7-2 in favor, with Curry and Rios opposed. Motion passed. RECOMMENDATION: FUND PS-27 IN THE AMOUNT OF $29,200. PS-28 — Women’s Resource Center: Dental Connections -- $55,465 requested 15 FIRST ROUND: Kay Rios moved to fully fund the $55,465 request for Dental Connections. Margaret Long seconded. Rios: The amount is just over what they received last year. Long: This is a great use of volunteer dentists, and it serves both men and women. Dental care can make a significant impact on low-income residents. I have a concern with the level of funding. We should be more realistic with what we have available. VOTE: 2 in favor (Rios and Long), 7 opposed. Motion failed. SECOND ROUND: Bob Browning moved to fund Dental Connections in the amount of $34,802. Jamaal Curry seconded. Browning: This amount will fund the top two priorities in the application, a dental specialist and lab fees. VOTE: 8-1 in favor, with Emily Sander opposed. Motion passed. RECOMMENDATION: FUND PS-28 IN THE AMOUNT OF $34,802. FINAL VOTE ON FUNDING MATRIX Bob Browning moved that the Commission accept the total funding matrix as balanced. Gordon Coombes seconded. Rios: There were some decisions made by the Commission that she was not comfortable with, because all the programs are worthy of support, but with the dollars available, they can’t fund everything. VOTE: Matrix accepted unanimously. Motion passed. Heidi Phelps said staff will put the Commission’s recommendations into a package for consideration by City Council on May 15. She thanked the Commissioners for their hard work and acknowledged the difficulty of their decisions. Meeting adjourned at 8:25 p.m. 1 2 3 4 5 6 7 8 9 Attachment 7 City of Fort Collins: Spring Competitive Process Cycle Public (Human) Service Category (rev: 2/12) Focus Questions for CDBG Commission Decision Making: “The Big Framework”  One of the three main national objectives for CDBG funds is “benefit to low and moderate income persons or households.”  Historically, the City’s Human Service Program funds have been used for various services benefiting primarily low and moderate income persons in Fort Collins. Questions: 1) Is it serving the lower end income levels? 2) How many is it serving? 3) Is there a majority of Fort Collins area residents being served? 4) Is it a good cost/unit (understanding that the cost of case management is more than the cost of a hot meal)? 5) Who else needs to be stepping up to the plate in terms of funding or service (volunteers)? 6) Maslow’s Hierarchy: Is it critical in terms of: a) Food, shelter or other basic needs b) Health and safety issues c) Serving a special population, or d) Self-sufficiency or major empowerment (teaching to fish vs. giving a fish)? 7) Is there anyone else in the community who can or is serving this need (i.e., trying to avoid duplication of service)? 8) Is City money being used as “gap financing”, match money, or seed money? 9) Is this a program/project where City $ is really making a difference for, i.e., -- it’s nobody else’s “baby”, not “sexy”, or there’s been a critical cut in funding? 10) Has project/program been aggressively seeking other funding sources? 11) If the agency requesting funding has a statewide or national base, is the umbrella organization providing adequate proportionate funding and resources? (Is the local operation a priority for them?) 12) How does this application address and provide solutions for social sustainability issues in our community? Attachment 8 Formulation of Funding Recommendations Session: Information Sheet City of Fort Collins CDBG Commission The Community Development Block Grant (CDBG) Commission has prepared this hand-out to help you understand how the Commission formulates funding recommendations for City Council. It is the Commission’s wish that our methodology during this meeting be understandable to even the most casual observers. As you might imagine, the entire process is complex and time-consuming, especially given that requests usually greatly exceed the amount of available funding. City staff has prepared an electronic matrix in advance which shows each application, the funding requested, and the total funds available. The Commission discusses the pros and cons of every application within each major funding category (Housing, Public Service, etc.). The order in which applications are discussed has no bearing on the final outcome, and there is no danger of ‘running out’ of funds before all applications are fully discussed. There will be preliminary funding motions made, seconded, and approved throughout the deliberation process. These recommendations will be incorporated into the matrix. It must be emphasized that the matrix is a working document. Any figures used, whether they be for full, partial, or zero funding, are tentative until a final vote is taken for each category. It is also possible that the total funds listed on the matrix might exceed the total of funds available at any point in the process. After all applications within a major funding category have been discussed, the Commission starts to finalize its funding recommendations to City Council. The matrix gets adjusted accordingly. Funding amounts shown on the matrix may change drastically -- either positively or negatively -- during this part of the process. As a final action, the Commission agrees on the matrix as shown (reflecting the funding recommendations) by: a motion to accept it, a second to the motion, and a positive majority vote. The recommendation is then forwarded to Council. While the Commission’s main purpose is to provide Council with the best funding allocation alternative, the Commission is also sensitive that the funds being recommended for expenditure are taxpayer-provided. For this reason, it is entirely possible that not all available funds may be recommended for expenditure. Some applications may be recommended for zero or reduced funding, even if there is still money available. Finally, while this meeting is open to the public, in fairness to applicants who are not present, no public comments will be taken. 1 1 2012 SPRING CYCLE of the COMPETITIVE PROCESS Allocating City Financial Resources to Affordable Housing Projects and Public/Human Service Programs 2 THE ALLOCATION PROCESS • Staff – Train applicants for the on-line application submittal (ZoomGrants) – Provide 1-on-1 technical assistance to every applicant (mandatory meeting) • Applicants – Submit pre-application and application ATTACHMENT 9 2 3 THE ALLOCATION PROCESS • Affordable Housing Board – Reviews written affordable housing proposals – Provides priority ranking and comments on Housing category proposals to CDBG Commission • CDBG Commission – Reviews written proposals, asks clarifying questions – Interviews each applicant – Provides dollar amount funding recommendations to City Council 4 THE ALLOCATION PROCESS • City Council – Conducts a Public Hearing – Makes final decision on funding allocations • Post-Process Evaluation – Public Comments – Periodic Customer Service Surveys – Review of other communities’ funding processes 3 5 AVAILABLE FUNDING $1,614,248 TOTAL $150,733 Human Services KFCG Funds $389,601 Human Services Program $28,750 FY 2011 Unprogrammed Funds $67,436 FY 2011 CDBG Program Income $977,728 FY 2012 CDBG Grant AMOUNT SOURCE 6 FUNDING FOR CATEGORIES $1,614,248 TOTAL AMOUNT CATEGORY Affordable Housing & Public Facilities $708,108 Public/Human Services (CDBG & HSP-KFCG) $697,108 $209,032 CDBG Program Administration 4 7 FUNDING FOR CATEGORIES: HOME $ $743,833 TOTAL AMOUNT CATEGORY Affordable Housing Projects (Fall 2012) $686,277 $57,556 HOME Program Administration 8 REQUESTED vs. AVAILABLE Totals $1,745,240 $1,614,248 - $130,992 Program $209,032 $209,032 $0 Admin Public/Human $1,004,208 $697,108 - $307,100 Services AH & PF $532,000 $708,108 + $176,108 AVAILABLE DIFFERENCE FUNDING REQUESTED FUNDING CATEGORY 5 9 FUNDING RECOMMENDATIONS • Affordable Housing & Public Facilities – 1 AH proposal at 71% of its request – 1 PF proposal at 500% of its request • Public/Human Service – 4 of 28 at 100% of their requests – 23 of 28 at 40% - 94% of their requests – 1 of 28 for no ($0) funding 10 FUNDING RECOMMENDATIONS $1,614,248 100.0% Totals Program Administration $209,032 12.9% Public/Human Services $697,108 43.2% Affordable Housing & Public Facilities $708,108 43.9% PERCENT CATEGORY of TOTAL RECOMMENDED FUNDING 6 11 Options for Affordable Housing and Public Facilities Funding • Option 1: MAINTAIN the CDBG Commission’s funding recommendations: – $323,108 to Fort Collins Housing Authority for Supportive Housing project – $385,000 to Disabled Resource Services for building purchase – Leaves no remaining $ in category 12 Options for Affordable Housing and Public Facilities Funding • Option 2: MODIFY the CDBG Commission’s funding recommendations: – $455,000 to FCHA’s for Supportive Housing project (increase) – $253,108 to DRS for building purchase (decrease) – Leaves no remaining $ in category 7 13 Options for Affordable Housing and Public Facilities Funding • Option 3: MODIFY the CDBG Commission’s funding recommendations to what was originally requested: – $455,000 to FCHA for Supportive Housing project – $77,000 to DRS for building purchase – Leaves $176,108 carryover in category for fall 2012 Competitive Process cycle. [With three options for Section 2] RESOLUTION 2012-035 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE PROGRAMS AND PROJECTS THAT WILL RECEIVE FUNDS FROM THE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND THE CITY’S HUMAN SERVICES PROGRAM WHEREAS, the Community Development Block Grant (CDBG) Program is an ongoing grant administration program funded by the Department of Housing and Urban Development (HUD); and WHEREAS, the City has received CDBG Program funds since 1975; and WHEREAS, the City Council has budgeted General Fund dollars in the Human Services Program for use in assisting community development activities; and WHEREAS, on January 18, 2000, the City Council approved Resolution 2000-13, formally adopting a competitive process for the allocation of City financial resources to affordable housing programs/projects and community development activities; and WHEREAS, since January 2012, the CDBG Commission has held a public hearing to obtain citizen input on community development and affordable housing needs, and has heard presentations and asked clarification questions from each applicant that submitted a proposal to the City requesting funding; and WHEREAS, on April 12, 2012, the CDBG Commission met in a special meeting for the purpose of preparing a recommendation to the City Council as to which programs and projects should be funded with the FY 2012 CDBG Entitlement Grant, FY 2011 CDBG Program Income, and the utilization of funds from the City’s 2012 Human Services Program, including Keep Fort Collins Great funds; and WHEREAS, as required by HUD regulations, a 30-day public comment period on the proposed allocation of CDBG funds as recommended by the CDBG Commission began on April 16, 2012, and ended on May 15, 2012; and WHEREAS, during the public comment period City staff received comments from several agencies including the Fort Collins Housing Authority and Disabled Resource Services; and WHEREAS, the City Council has considered the recommendations of the CDBG Commission and comments received by the City regarding such recommendations, and has determined that the City’s 2012 allocation should be made as set out in this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that City staff is hereby authorized to submit an application to HUD as follows: [With three options for Section 2] Section 1. PLANNING and ADMINISTRATION FY 2012 CDBG Entitlement Grant $195,545 City of Fort Collins: CDBG Administration FY 2011 CDBG Program Income $13,487 City of Fort Collins: CDBG Administration Section 2. AFFORDABLE HOUSING and PUBLIC FACILITIES [Option 1] FY 2012 CDBG Entitlement Grant $250,524 Fort Collins Housing Authority: Supportive Housing 385,000 Disabled Resource Services: Robertson Building Purchase FY 2011 CDBG Program Income $43,834 Fort Collins Housing Authority: Supportive Housing FY 2011 CDBG Unprogrammed Funds $28,750 Fort Collins Housing Authority: Supportive Housing [Option 2] FY 2012 CDBG Entitlement Grant $455,000 Fort Collins Housing Authority: Supportive Housing 180,524 Disabled Resource Services: Robertson Building Purchase FY 2011 CDBG Program Income $43,834 Disabled Resource Services: Robertson Building Purchase FY 2011 CDBG Unprogrammed Funds $28,750 Disabled Resource Services: Robertson Building Purchase [Option 3] FY 2012 CDBG Entitlement Grant $455,000 Fort Collins Housing Authority: Supportive Housing 4,416 Disabled Resource Services: Robertson Building Purchase [With three options for Section 2] FY 2011 CDBG Program Income $43,834 Disabled Resource Services: Robertson Building Purchase FY 2011 CDBG Unprogrammed Funds $28,750 Disabled Resource Services: Robertson Building Purchase Section 3. PUBLIC SERVICES FY 2012 CDBG Entitlement Grant $50,000 BASE Camp: Childcare Scholarships 4,659 Catholic Charities: Senior Outreach 40,000 Catholic Charities: Shelter & Support Services 22,000 Disabled Resource Services: ATI Program 30,000 Respite Care: Childcare Scholarships FY 2011 CDBG Program Income $10,115 Catholic Charities: Senior Outreach 2012 Human Services Program $ 3,000 Alliance for Suicide Prevention: Education & Awareness Programs 22,566 Boys & Girls Club: After School/School Break Youth Program 7,020 Center for Family Outreach: Low-Income Youth Scholarships 11,106 ChildSafe Colorado: Child Abuse Treatment Program 15,000 Colorado Health Network: Client Services/Homelessness Prevention 1,370 Disabled Resource Services: Access to Independence Program 20,000 Education Life Training Center: Employment Skills Training 10,800 Elderhaus: Mindset Therapy Center Activity Program 35,000 Family Center: Childcare Scholarships 21,407 Food Bank for Larimer County: Kids Café 28,380 Larimer Center for Mental Health: Dual Disorders Treatment Program 27,000 Matthews House: Transition Program 22,000 Project Self-Sufficiency: Services for Single Parents 33,450 RVNA: Home Health Care Scholarships 17,500 Turning Point: Crisis Intervention Program 50,000 Teaching Tree: Childcare Scholarships 29,200 Volunteers of America: Nutrition Services 34,802 Woman’s Resource Center: Dental Connections [With three options for Section 2] 2012 Human Services Program KFCG Funds $ 226 Catholic Charities: Shelter & Support Services 894 ChildSafe Colorado: Child Abuse Treatment Program 39,853 Crossroads Safehouse: Advocacy Program 45,000 Homelessness Prevention Initiative: Emergency Rent Assistance 10,000 Larimer Center for Mental Health: Emergency Mental Health Services 29,760 Neighbor-to-Neighbor: Housing Counseling 25,000 Neighbor-to-Neighbor: Emergency Rent Assistance Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th day of May A.D. 2012. Mayor ATTEST: Interim City Clerk ORDINANCE NO. 044, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE AND AUTHORIZING THE TRANSFER OF APPROPRIATIONS BETWEEN PROGRAM YEARS IN THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND WHEREAS, the City will receive in federal fiscal year 2012-2013 unanticipated revenue in the form of federal Community Development Block Grant (“CDBG”) funds totaling $977,728; and WHEREAS, the City also received unanticipated CDBG Program income in the 2011-2012 federal fiscal year in the amount of $67,436; and WHEREAS, unexpended funds are also available from the CDBG Program from prior fiscal years in the amount of $28,750; and WHEREAS, by adoption of Resolution 2012-035 the City Council approved the 2012 Community Development Block Grant Program; and WHEREAS, by adoption of Resolution 2012-036 the City Council authorized the City Manager to transmit for approval the 2012 Fort Collins Consolidated Annual Action Plan to HUD as required to receive the grant funds; and WHEREAS, Article V, Section 9, of the City Charter permits City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpected and unencumbered amount or portion thereof from one fund or capital project to another fund or capital project, provided that the purpose for which the funds were initially appropriated no longer exists; and WHEREAS, Article V, Section 11, of the City Charter provides that federal grant appropriations shall not lapse if unexpended at the end of the budget year until the expiration of the federal grant; and WHEREAS, City staff has determined that the appropriation of all unanticipated CDBG grant and program revenue as described herein will not result in total appropriations in excess of the current estimate of actual and anticipated revenues for fiscal year 2012. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby appropriated for expenditure from unanticipated revenue in the federal fiscal year 2012-2013 into the Community Development Block Grant Fund, the sum of NINE HUNDRED SEVENTY-SEVEN THOUSAND SEVEN HUNDRED TWENTY-EIGHT DOLLARS ($977,728), upon receipt thereof for federal fiscal year 2012-2013 Community Development Block Grant Funds. Section 2. That there is hereby appropriated for expenditure from unanticipated program income revenue, upon receipt thereof into the Community Development Block Grant Fund, the sum of SIXTY-SEVEN THOUSAND FOUR HUNDRED THIRTY-SIX DOLLARS ($67,436), for approved Community Development Block Grant projects. Section 3. That the unexpended and unencumbered amount of TWENTY-EIGHT THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($28,750) is hereby authorized for transfer from the 2011-2012 Community Development Block Grant Program to the 2012-2013 Community Development Block Grant Program and appropriated therein. Introduced, considered favorably on first reading, and ordered published this 15th day of May, A.D. 2012, and to be presented for final passage on the 5th day of June, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk Passed and adopted on final reading on the 5th day of June, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk RESOLUTION 2012-036 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE FISCAL YEAR 2012 ADMINISTRATION AND PROJECT BUDGETS FOR THE HOME INVESTMENT PARTNERSHIP PROGRAM WHEREAS, the purpose of the Home Investment Partnership (HOME) Program is to increase the supply of decent, safe, and affordable housing in the City of Fort Collins for an extended period of time; and WHEREAS, the City’s Consolidated Plan identifies the following priorities for housing related needs: (1) stimulate housing production for very low, low and moderate income households, (2) increase home ownership opportunities for very low, low and moderate income households, and (3) increase the supply of public housing for families and those with special needs; and WHEREAS, 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. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that City staff is hereby authorized to submit the FY 2012 Home Investment Partnership Program application as follows: HOME Grant Category $686,277 Affordable Housing Projects 57,556 Program Administration $743,833 Total Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th day of May A.D. 2012. Mayor ATTEST: Interim City Clerk ORDINANCE NO. 045, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE AND AUTHORIZING THE TRANSFER OF APPROPRIATIONS BETWEEN PROGRAM YEARS IN THE HOME INVESTMENT PARTNERSHIPS FUND WHEREAS, the Home Investment Partnership Program (the “HOME Program”) was authorized by the National Affordable Housing Act of 1990 to provide funds in the form of Participating Jurisdiction Grants for a variety of housing-related activities which would increase the supply of decent, safe, and affordable housing; and WHEREAS, on March 1, 1994, the City Council adopted Resolution 1994-092 authorizing the Mayor to submit to the Department of Housing and Urban Development (“HUD”) a notification of intent to participate in the HOME Program; and WHEREAS, on May 26, 1994, HUD designated the City as a Participating Jurisdiction in the HOME Program, allowing the City to receive an allocation of HOME Program funds as long as Congress re-authorizes and continues to fund the program; and WHEREAS, the City has been notified by HUD that the City’s HOME Participating Jurisdiction Grant for the federal fiscal year 2012-2013 is $542,507; and WHEREAS, the City also received unanticipated HOME Program income in the 2011-2012 federal fiscal year in the amount of $201,326; and WHEREAS, unexpended funds are also available from Community Housing Development Organizations (CHDO) funds in the amount of $89,888; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, do not exceed the then current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, Article V, Section 10, of the Charter authorizes the City Council to transfer by ordinance any unexpected and unencumbered amount or portion thereof from one fund or capital project to another fund or capital project, provided that the purpose for which the funds were initially appropriated no longer exists; and WHEREAS, City staff has determined that the appropriation of the HOME Program funds as described herein will not cause the total amount appropriated in the HOME Program Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during the 2012 fiscal year; and WHEREAS, Article V, Section 11, of the City Charter provides that federal grant appropriations shall not lapse if unexpended at the end of the fiscal year until the expiration of the federal grant. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby appropriated for expenditure from unanticipated revenue in the federal fiscal year 2012-2013 in the HOME Program Fund the sum of FIVE HUNDRED FORTY-TWO THOUSAND FIVE HUNDRED SEVEN DOLLARS ($542,507), upon receipt from federal fiscal year 2012-2013 HOME Participating Jurisdiction Grant Funds. Section 2. That there is hereby appropriated for expenditure from unanticipated program income revenue, upon receipt thereof, in the HOME Program Fund the sum of TWO HUNDRED ONE THOUSAND THREE HUNDRED TWENTY-SIX DOLLARS ($201,326), for approved HOME Program projects. Section 3. That the unexpended and unencumbered amount of EIGHTY-NINE THOUSAND EIGHT HUNDRED EIGHTY-EIGHT DOLLARS ($89,888) is hereby authorized for transfer from the 2011-2012 HOME Program projects to the 2012-2013 HOME Program and appropriated therein. Introduced, considered favorably on first reading, and ordered published this 15th day of May, A.D. 2012, and to be presented for final passage on the 5th day of June, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk Passed and adopted on final reading on the 5th day of June, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk DATE: May 15, 2012 STAFF: John Voss Jessica Ping-Small AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 22 SUBJECT Items Relating to Rebates of Property Taxes, Sales Tax on Food, and Utilities. A. First Reading of Ordinance No. 046, 2012, Amending Certain Sections of Chapter 25 of the City Code Relating to the City’s Property Tax Rebate. B. First Reading of Ordinance No. 047, 2012, Amending Certain Sections of Chapter 25 of the City Code Relating to the Rebate of the City’s Sales Tax on Food. EXECUTIVE SUMMARY The Finance Department currently administers three rebate programs for low income, senior and disabled residents. The rebates are for Property Tax, Utilities and Sales Tax on Food which were created in 1972, 1975 and 1985 respectively. The Finance Department is proposing the following changes to provide consistency among the rebates, allow an increased number of residents to qualify for the Property Tax and Utility Refund and simplify the process for applicants. An increase in the rebate amount for the Sales Tax on Food Rebate is also proposed. Highlights of Proposed Changes to Chapter 25: Property Tax Rebate: Change the income qualification from 30% of area median income (AMI) to 50% of AMI to increase the number of senior and disabled residents that qualify and to align with the Sales Tax on Food rebate income qualifications. Update the application period to August 1st through October 31st. Utility Refund: Change the income qualification from 30% of area median income (AMI) to 50% of AMI to allow for an increased number of senior and disabled residents to qualify and to align with the Sales Tax on Food rebate income qualifications. Update the application period to August 1 through October 31. No Code amendment is needed to make these changes because Code Section 26-613 states that applicants for utility rebates must meet the same qualifications requirements as applicants for property tax rebates. Sales Tax on Food Rebate: Update the rebate amount from $40 to $54 per member of qualifying household and index the rebate amount moving forward to the local CPI. Update the application period to August 1 through October 31. BACKGROUND / DISCUSSION History Property Tax Rebate • Established in 1972 for low income senior (65 and over) residents • Expanded in 1980 to include low income disabled residents • Eligible property owners are entitled to a refund of all City property taxes paid in the preceding year • Eligible renters are entitled to a rebate of 1.44% of rental payments for property on which City property taxes were paid • The 1.44% rebate for renters was the percentage of total rent at the time that resulted in a rebate amount equal to that of property owners which was calculated at $33.33 in 1972. • Income eligibility level updated in 1998 to 30% of the area median income (AMI) as reported by HUD on an annual basis May 15, 2012 -2- ITEM 22 Utility Rebate • Established in 1975 for low income senior residents • Program applies to owners and lessees of property for which City of Fort Collins utilities have been paid • Amount of refund is based on average monthly residential consumption of water, wastewater, stormwater and electric service updated annually • Income eligibility level updated in 1998 to 30% of the area median income (AMI) as reported by HUD on an annual basis Sales Tax on Food Rebate • Established in 1984 and rebate amount set at $25 per person in eligible household • Income eligibility level updated in 1998 to 30% of the area median income (AMI) as reported by HUD on an annual basis • Rebate amount updated to $40 per person in 1998 • In 2005 per Council direction, staff researched and recommended changes to the income level for the Sales Tax on Food Rebate only. The goal was to increase the number of households that qualified • The income eligibility level was raised 50% of AMI. No discussion of raising the other rebate income levels is evident Summary of Current Qualifications Residency – For all rebates the applicant must reside in the City Limits of Fort Collins prior t the commencement of the calendar year for which application is made and at the time application is made. Citizenship – For all rebates the applicant must fill out an Affidavit of Legal Residency form and produce proof of identification. Rebate Type Who Qualifies Income Qualification Amount of Rebate Property Tax Senior and disabled property owners and renters 30% of AMI Equal to property tax paid to City Utilities Senior and disabled property owners and renters 30% of AMI Based on average monthly consumption of water, wastewater, stormwater and electric service Sales Tax on Food All residents 50% of AMI $40 per member of qualifying household 30% Income Threshold (Property Tax and Utility Rebates) - based on the U.S. Department of HUD income limits of 30% for the Fort Collins-Loveland area median income and are as follows: Number in Household Maximum Household Income 1 $16,350 2 $18,650 3 $21,000 4 $23,300 50 % Income Threshold (Sales Tax on Food Rebate) – based on the U.S. Department of HUD income limits of 50% for the Fort Collins-Loveland area median income and are as follows: Number in Household Maximum Household Income 1 $27,200 2 $31,100 3 $35,000 4 $38,850 May 15, 2012 -3- ITEM 22 Summary of Rebate Program Cost and Participation The rebate programs have an annual average payout of $152,000 over the last five years. The Sales Tax on Food Rebate 60% of the total amount rebated in 2011. Historical Data Year # of Applications Total Rebate Average Rebate Amount 2007 1,149 $153,240 $133 2008 1,312 $167,426 $128 2009 1,284 $157,146 $122 2010 1,101 $142,510 $129 2011 1,126 $138,654 $123 Summary of 2011 Rebate Type Rebate Type # of Applications Qualified Total Rebate Average Rebate Amount Sales Tax on Food 1126 $82,901 $74 Property Tax 86 $10,355 $120 Property Tax - Renters 386 $22,819 $59 Utilities 368 $22,579 $61 Analysis of Proposed Changes Based on discussions with the Finance Committee in March and further analysis, staff recommends that the income level for the Property Tax Rebate and Utility Rebate be raised from 30% of AMI to 50% of AMI while keeping the Sales Tax on Food Rebate at 50% of AMI. Raising the income level will provide consistency amongst the rebates and allow additional senior and disabled families to qualify. The senior population in the Fort Collins is estimated at 10% of the total. Reliable data on the number of low income senior and disabled households in Fort Collins is minimal. In regards to the Sales Tax on Food Rebate, the current level of participation by families is in the 20% range. Finance is analyzing the contributing factors for the low application rate. Staff will be looking closer at the process in 2012 to determine if the application process is considered too onerous for the financial payout as well as doing additional outreach to increase the participation levels. Estimated number of Families in Fort Collins: 30,449 Based on Household of 4 30% of AMI $23,300 max income 50% of AMI $38,850 max income Total # of qualifying families 3,650 5,780 In addition, staff is proposing in increase the current rebate amount for the Sales Tax on Food program from $40 to $54. The proposed increase to $54 is based on estimates for the cost of food at home on a national level provided by the Unites States Department of Agriculture (USDA). The USDA estimates were used in lieu of local data which was not available. The suggested amount is also in line with the actual local Consumer Price Index (CPI) since 1998. USDA estimates for a family of 4 Monthly Annual Moderate Cost Plan (USDA) $791.40 $9,496.80 Total of 2.25% Sales Tax $17.80 $213.68 2.25% Sales Tax Paid per person $4.45 $53.42 May 15, 2012 -4- ITEM 22 Recap of Proposed Changes • Raise income level for Property Tax Rebate and Utility Rebate from 30% of AMI to 50% of AMI • Raise Sales Tax on Food Rebate amount from $40 to $54 per person in qualified households • Index future Sales Tax on Food Rebate amount to the local Consumer Price Index (CPI) • Update application period for all rebates to August 1 through October 31 FINANCIAL / ECONOMIC IMPACTS Property Tax and Utility Tax Rebate: Based on the estimated participation level the rebate amount would increase from $56,000 to $67,000. 2011 application numbers were used as the basis for the estimate. Sales Tax on Food Rebate: Changing the rebate amount from $40 to $54 would increase the program cost by $29,000 based on 2011 application numbers. Total cost of rebate would be $112,000. Estimated total cost of all rebate programs combined based on proposed changes is $179,000 which is a 29% increase over the 2011 amount of $138,654. The budgeted amount for 2012 is $171,000. If the actual rebates exceed our projections then an additional appropriation will be requested. Offers for the 2013-2014 BFO process will be adjusted accordingly. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BOARD / COMMISSION RECOMMENDATION Presentation was made to the Council Finance Committee at its March 19 meeting. Discussion surrounded the inconsistency amongst the programs and the reasoning for the various income qualifications. There was support for the general concepts of the proposed changes. PUBLIC OUTREACH Outreach for the rebate programs occurs each year prior to and during the application phase. The outreach includes the following: • Advertisements in the Coloradoan and on Coloradoan website • Article in the “City News” newsletter and on the back of utility bill • Articles in local newsletters like the Aspen Club and Senior Voice • City webpage with downloadable application • Partnerships with local agencies such as the Larimer Food Bank, Volunteers of America, Meals on Wheels, Larimer Health and Human Services, etc • Application forms are distributed to the Senior Center, Aztlan Center, Utility Billing Office and the Workforce Center • Applications mailed out to all applicants from the prior year In addition for 2012, Finance intends to partner with the Fort Collins Public Information Office to prepare and distribute news releases and increase the visibility of the rebates overall. May 15, 2012 -5- ITEM 22 ATTACHMENTS 1. Council Finance Committee minutes, March 19, 2012 2. Powerpoint presentation Finance Administration 215 N. Mason 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6788 970.221.6782 - fax fcgov.com Council Audit & Finance Committee Minutes 3/19/12 10:00 to 12:00 Council Attendees: Mayor Karen Weitkunat, Ben Manvel, Kelly Ohlson City Staff Attendees: Darin Atteberry, John Voss, Mike Beckstead, Steve Mason, Greg Temple, Amy Sharkey, Dee Toplyn, Mindy Pfleiger, Dan Coldiron, Heather Shepherd Others: Dale Adamy - Citizen Rebate Programs--Summary and Recommendation Staff gave a summary of the 2011 Grocery Tax, Property Tax/Rent, and Utility rebate programs: Total applications received 1,161 Total qualified applications processed 1,126 Average amount rebated per application $123 Total Food Tax Rebate $82,901 Total Property Tax/Rent & Utility Rebate $55,753 Total rebate amount for 2011 $138,654 Staff also made the following recommendations for Improvements to the program beginning in 2012:  Update Grocery Sales Tax rebate amount from $40 to $54 based on actual local CPI since 1998  Index Grocery Sales Tax rebate to the local CPI and update annually  Update Utility rebates based on 2011 actual averages and update annually  Update City Code to reflect application filing dates of August 1, through October 31.  Document program process and details and include within Accounting Policies Committee asked questions regarding how the two different qualifying income limits originated, and whether data can be gathered reflecting how many eligible households exist in Fort Collins compared to how many currently apply. City staff will conduct research and report back to the Committee and City Council. Staff will also prepare data to codify the following at the next Council meeting:  Annual adjustment of the dollar amount refunded for all rebates, and qualifying income levels tied to the Consumer Price Index.  Change wording in the City Code to reference the 2011 change in application timeframe each year from August 1 through October 31. Staff also has plans to work with the Community and Public Information office for new ways to promote and advertise the program(s) each year. Audit Findings Summary John Voss presented a summary of the findings. Finance will ensure that suggested changes will be implemented. Available online at http://www.fcgov.com/council/finance.php The Committee discussed whether this level of detail is needed for the Audit Findings going forward. Ben suggested a high degree of detail is good to have access to, but each item may not have to be discussed individually. The Finance staff will also revise reporting of the Audit findings so that the status of each area is more clearly defined, such as ‘completed’, ‘in process’, etc. 1 1 Rebate Programs Sales Tax on Food Property Tax / Rental Utilities May 15, 2012 2 Program Overview Sales Tax on Food Rebate: – Established in 1984 – Rebate to lower income citizens – $40 per eligible household member – last updated in 1998 Property Tax/Rental Rebate: – Established in 1972 – Rebate to senior and disabled lower income citizens – City portion of applicants property tax levy OR – 1.44% of rental payment for year Utility Rebate: – Established in 1975 - Rebate to senior and disabled lower income citizens – Based on billing data for average monthly consumption for water, wastewater, stormwater and electric service ATTACHMENT 2 2 3 Program Qualifications All Programs: • Fort Collins Residency – prior year up to application date • US Citizenship Sales Tax on Food Rebate: • Income – 50% of the Local Area Median Income per household size Property Tax / Rental Rebate: • Over age 65 or Disabled • Income – 30% of the Local Area Median Income per household size Utility Rebate • Over age 65 or Disabled • Customer of Fort Collins utility • Income – 30% of the Local Area Median Income per household size 4 2011 Rebate Summary Total Applications Received 1,161 Total Qualified Applications Processed 1,126 Average Rebate Per Application $123 Total Food Tax Rebate $82,901 Total Property Tax/Rent $33,173 Total Utility Rebate $22,570 Total Rebate For 2011 $138,654 2008 1312 $167,426 $128 2009 1284 $157,146 $122 2010 1101 $142,510 $129 2007 1149 $153,240 $133 Average Average Rebate Rebate Fairly Fairly Stable….Stable….Total Total Rebates Rebates Declining Declining 3 5 Advertising and Promotion • Advertisements in the Coloradoan and on the Coloradoan website • Article in “City News” newsletter and on the back of utility bills • Articles in local newsletters such as Aspen Club and Senior Voice • Webpage with downloadable application on City Website • Application forms are distributed to the Senior Center, Aztlan Center, Utility Billing office, and the Workforce Center 6 Advertising and Promotion • Partnership with local agencies to assist in distributing information: • Larimer Food Bank • Volunteers of America • Meals on Wheels • Catholic Charities • Workforce Center • Larimer Health and Human Services Department • Plans for 2012 include working with Fort Collins Public Information Office to prepare and distribute press releases • Applications accepted August – October of each year 4 7 Recommended 2012 Program Update • Adjust Sales Tax Paid on Food rebate amount from $40 to $54 and annually index to the local CPI • Based on USDA estimated grocery expenditures of $9,496.80 for a family of 4 per year. • Equates to $53.42 in City sales tax per person annually • Adjust the Income Qualification for the Property Tax/Rental and Utility rebate to 50% of the Area Medium Income to simply process for applicants and provide consistency • Amend Code language for recommendations above Estimated Estimated Annual Annual Increase Increase in in Rebates Rebates - - $$30K 30K to to $$40K 40K ORDINANCE NO. 046, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CERTAIN SECTIONS OF CHAPTER 25 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO THE CITY’S PROPERTY TAX REBATE WHEREAS, Chapter 25, Article II, Division 2 of the City Code authorizes rebates of City property tax revenues to low income elderly residents and disabled residents of the City; and WHEREAS, similarly, Chapter 25, Article II, Division 3 of the City Code authorizes rebates of sales tax revenues to low income households in the City; and WHEREAS, the City Council wishes to amend the provisions of these two divisions so as to reconcile certain inconsistencies between them with regard to qualifying income levels and administrative regulations, and to increase the amount of the sales tax rebate person per calendar year. NOW, THEREFORE, BET IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the definition of “Household” contained Section 25-26 of the Code of the City of Fort Collins is hereby amended to read as follows: Household shall mean two (2) or more persons related by blood or marriage living together under one (1) roof. For the purposes of this provision, Anya person who pays property taxes or rent on a home or dwelling unit shall not be considered to be a part of anythe household other than that person's ownin the dwelling unit in which that person resides, and shall not be considered to be part of any other household. Section 2. That Section 25-27 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 25-27. Purpose. There is hereby enacted a tax refund program to provide relief from property taxes for low-income elderly residents and disabled residents of the City. It is the purpose of this tax refund program to refund to low-income elderly residents and disabled residents, as defined in this Division, the City's portion of property taxes for the preceding year which such persons have paid. This program is intended to apply to both the owner of property who has paid such property taxes and to the lessee of the property on which such tax has been paidapplicants who either own or lease, and reside within, the dwelling unit for which such taxes have been paid pursuant to the provisions of Section 25-31(a). Section 3. That Section 25-28 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 25-28. Application for refund. Refunds under this program shall be made to persons qualified for such refunds upon written application made to the Financial Officer on forms to be provided by the Financial Officer. Such applications shall be made between August 1 and DecemberOctober 31, inclusive, of each year for which a refund is to be made. Section 4. That Section 25-29(4) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 25-29. Qualifications. . . . (4) The applicant household shall have an annual income which shall not exceed thirty (30)fifty (50) percent of the area median income for the applicable household size in the Fort Collins-Loveland metropolitan statistical area, rounded to the nearest two-hundred-fifty-dollar increment, up to a maximum household income of thirty (30)fifty (50) percent of the area median income for a household of four (4), as most recently published by the United States Department of Housing and Urban Development as of August 1 of the rebate year. . . . Section 5. That Section 25-32 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 25-32. Rules and regulationsAdministration. The Financial Officer with the approval of the City Manager shall have the power to formulate and promulgate rules and regulations for the administration of this tax refund program not inconsistent with the provisions of this Division.The Financial Officer shall administer the program established by this Division and may prepare a rebate application form, adopt rules and regulations consistent with the provisions of this Division and audit and verify the applications submitted pursuant to this Division. Any rebate application form shall require the claimant to verify and sign the application under oath. The burden of proving entitlement to a rebate under this Division is on the claimant. The Financial Officer may require reasonable information to support the rebate application. Introduced, considered favorably on first reading, and ordered published this 15th day of May, A.D. 2012, and to be presented for final passage on the 5th day of June, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk Passed and adopted on final reading on the 5th day of June, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk ORDINANCE NO. 047, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CERTAIN SECTIONS OF CHAPTER 25 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO THE REBATE OF THE CITY’S SALES TAX ON FOOD WHEREAS, Chapter 25, Article II, Division 2 of the City Code authorizes rebates of City property tax revenues to low income elderly residents and disabled residents of the City; and WHEREAS, similarly, Chapter 25, Article II, Division 3 of the City Code authorizes rebates of sales tax revenues to low income households in the City; and WHEREAS, the City Council wishes to amend the provisions of these two divisions so as to reconcile certain inconsistencies between them with regard to qualifying income levels and administrative regulations, and to increase the amount of the sales tax rebate person per calendar year. NOW, THEREFORE, BET IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 25-48 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 25-48. Application for rebate. Application for the sales tax rebate on food shall be made on forms to be provided by the City. In order to qualify for such rebate, the application must be filed between August 1 and DecemberOctober 31, inclusive, of each year for which a rebate is requested. Only one (1) application shall be filed per household. If any member of the household filing an application has filed a federal income tax return for the applicable year, a copy of such income tax return must be attached to the application. Section 2. That Section 25-50 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 25-50. Amount of rebate. The amount of rebate payable hereunder shall be in the sum of forty dollars ($40.)fifty-four dollars ($54.) per person per calendar year in any eligible household. The amount of the rebate will be increased annually according to the Denver-Boulder Consumer Price Index for Urban Consumers, as published by the Bureau of Labor Statistics. Introduced, considered favorably on first reading, and ordered published this 15th day of May, A.D. 2012, and to be presented for final passage on the 5th day of June, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk Passed and adopted on final reading on the 5th day of June, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk DATE: May 15, 2012 STAFF: Karen Cumbo AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 23 SUBJECT First Reading of Ordinance No. 048, 2012 Establishing a Moratorium on the Acceptance or Processing of Land Use Applications, Permit Applications, and Other Applications Seeking Approval to Conduct Oil and Gas Extraction or Related Operations Within the City. EXECUTIVE SUMMARY Although there has not been a great deal of oil and gas drilling in Larimer County until recently, the discovery of the resource-rich Niobrara formation in this region, and the increased use of horizontal hydraulic fracturing (“fracking”) and directional drilling increase the likelihood of oil and gas drilling in the City of Fort Collins. The State of Colorado has largely pre-empted the regulation of oil and gas drilling, even within municipal boundaries, but City staff is monitoring the recent legislative discussions as well as drilling activity, and proposes the development of regulations, and a moratorium on any oil and gas drilling until those regulations are adopted. BACKGROUND / DISCUSSION While Larimer County has not played a significant role in oil and gas industry issues until recently, two recent developments may result in significant changes and have raised considerable public concern. The first is the successful exploration of the Niobrara formation, which lies deep under much of northeastern Colorado, and the second is the advancing technology of hydraulic fracturing (“fracking”), including horizontal fracking, and directional drilling, to extract the resource from within deeply located shale deposits. Until these recent developments, concern in Fort Collins was largely limited to impacts on the Natural Areas. The City’s Natural Areas Department began working with representatives of the oil and gas industry two years ago to develop a permit process and Best Management Practices (see Attachment 2) for use in connection with large City-owned properties in unincorporated Larimer County and Weld County. Oil and gas exploration and production is regulated by the State in Colorado. Local jurisdictions are extremely limited in their ability to control the location, procedures, and impacts of oil and gas drilling in and around their boundaries. Local regulations cannot present an “operational conflict”, and a combination of the state’s laws, and several court cases resulted in the preemption of local control of setbacks and many other types of impacts. The City’s current regulations in the Land Use Code are minimal, and are outlined in the attached memo (Attachment 1). Attachment 1 also identifies key topic areas for consideration of City regulations. Given the increasing public concern, City staff formed a multi-disciplinary team to identify the issues of greatest concern and explore options to protect the interests of the City of Fort Collins and its citizens. This team includes representatives from Utilities, Natural Areas, the Office of Sustainability, the City Attorney’s office, the City Manager’s office, Poudre Fire Authority, and Planning, Development and Transportation. There is also statewide interest in the impacts, regulation, and enforcement of oil and gas drilling, particularly fracking. Several bills were introduced and subsequently killed during the current (2012) legislative session. The Governor established a task force to address the issues of greatest concern to local governments, the Oil and Gas Commission, and the industry. The President of the Colorado Municipal League (CML) Board represented cities’ interest on the task force, and Longmont Councilmember Brian Bagley was also appointed. The task force completed its work without much significant progress. The City of Fort Collins’ staff team researched the regulations of other Colorado municipalities and counties, and is actively participating in the statewide conversation to benefit from the years of experience of other local governments and find the best ways to protect the interests of the City of Fort Collins and its residents. Utilities explored the legal and technical issues around the provision of water or wastewater treatment to the oil and gas industry, and identified May 15, 2012 -2- ITEM 23 the parameters of such services and any necessary steps for further consideration. No City service is currently provided, and none is recommended at this time. The City of Fort Collins is also participating in the Local Designee program offered by the Colorado Oil and Gas Conversation Commission (COGCC). This agency, which issues permits and regulates all oil and gas drilling in the state, notifies local representatives of permit applications in their region, and provides an opportunity to comment. Larimer County also forwards notices received by the County’s designated contact for permit applications in the City’s Growth Management Area. ENVIRONMENTAL IMPACTS Oil and gas drilling within the city could have significant impacts on air quality and water quality, and there is also concern about the increased risk of spills and releases of hazardous materials due to an increase in use, storage and transportation of such materials. In addition to these impacts, well pads and service roads are fragmenting wildlife habitat on a massive scale in northeastern Colorado and in other communities throughout the western United States. The City’s Natural Areas are threatened by this fragmentation. In addition, there are high volumes of truck and heavy equipment associated with oil fields. While there is conflicting technical information regarding air and water quality threats, there is little doubt that oil and gas drilling would negatively affect the environment in the community and does not support the City’s goals for sustainability. STAFF RECOMMENDATION There has been no application for a well permit within the City’s boundaries yet, although there is a producing well not far from Natural Areas’ property. It is likely that extraction interest in this area will increase. Staff therefore recommends: 1. Establishment of a moratorium on drilling permit applications, by ordinance, for a period of eight months. The purpose of this moratorium is to provide time to develop a permitting process for oil and gas drilling, draft land use regulations, and conduct a robust public discussion on the proposed regulations. 2. Development of a permitting process and appropriate regulations to reflect and protect the community interests of Fort Collins, to the degree allowed by law. Staff’s proposed work plan for this effort includes: • Initial public outreach to identify the key issues (3-4 weeks - target completion June 30) • A Council work session on the topic that sets the priorities identified both by staff and in the public outreach efforts (to be scheduled - July) • Time for staff to draft the regulations (2-3 months - target completion October 10) • Vetting of the regulations by the public, as well as Boards and Commissions (2 months - target completion December 7) • Council work session to discuss the regulations (scheduled for December 11) • Council Hearing to adopt land use regulations (December 18) BOARD / COMMISSION RECOMMENDATION Although some of the City’s Boards and Commissions have provided input, and have expressed concerns about the potential impacts of oil and gas drilling, no formal action was taken by any of the City’s boards and commissions. They will be active participants in the drafting and review of regulations. May 15, 2012 -3- ITEM 23 PUBLIC OUTREACH Many individuals and groups have expressed their concern about oil and gas drilling, and their involvement will be sought during the development of regulations. ATTACHMENTS 1. Memo from Lindsay Ex, Environmental Planner 2. Memo from Daylan Figgs, Senior Environmental Planner 3. Powerpoint presentation 1 MEMORANDUM Date: March 21, 2012 To: Mayor and City Councilmembers Thru: Darin Atteberry, City Manager Diane Jones, Deputy City Manager – Policy, Planning and Transportation Karen Cumbo, Planning, Development and Transportation Director Laurie Kadrich, Community Development and Neighborhood Services Interim Director From: Lindsay Ex, Environmental Planner Re: Land Use Code Regulations and Future Regulations regarding Oil and Gas Development Topics Addressed 1. Existing regulations in the Land Use Code that reference oil and gas drilling land uses; 2. Key areas that other Colorado cities regulate, e.g., setbacks, hours of operations, screening, environmental protection, etc.; and 3. A suggested process for amending our Land Use Code to be more thorough in this issue, including a supplementary regulation in Section 3.8 of the Land Use Code for oil and gas land uses, a suggested outreach process for identifying and prioritizing key issues for the City of Fort Collins, and a timeline for the development and outreach of these regulations. 1. Existing regulations in the Land Use Code that reference oil and gas related land uses: Within the Land Use Code (LUC), both Article III (General Development Standards) and Article IV (Districts) contain provisions for oil and gas regulations. As oil and gas land uses are regulated by the State, any regulations imposed by the City cannot present an “operational conflict” with state law. In Article III, Section 3.8.14 entitled “Preemption Uses,” reads as follows: “Any use that is not permitted under the provisions of Article 4, but that must be allowed because of preemption by a sovereign jurisdiction or because of a court order, shall be processed as a Planning and Zoning Board Review (Type 2 review) and shall be approved, with or without conditions, as necessary to ensure that such use complies with all general standards as set forth in Article 3 and zone district standards as set forth in Article 4 as are or may reasonably be interpreted to be applicable to such use, provided that such standards are not preempted or ordered by a court not to be applied.” Planning, Development and Transportation Current Planning 281 North College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 970.221.6750 970.224.6134 - fax fcgov.com/currentplanning ATTACHMENT 1 2 Article IV identifies the zoning districts where oil and gas activities are permitted uses. In the LUC, oil and gas activities are classified under Industrial Uses as “Resource extraction, processes and sales.” Resource extraction, processes, and sales are permitted uses, subject to a Type II Review (Planning and Zoning Board Review) in the following zone districts:  Urban Estate District (U-E),  River Conservation District (R-C), though this section does state that “except that such uses are not permitted in natural area protection buffers.”  Industrial District(I) However, as oil and gas related uses are regulated by the State, they are considered to be preemptive uses and may not be able to be confined to the current zone districts for which they are permitted uses. 2. Key areas that other cities regulate City staff has conducted a preliminary review of the oil and gas-related regulations from Greeley, Durango, Thornton, and the proposed regulations from Longmont. From reviewing these various communities’ codes, the following topic areas will be critical for the City to examine as we consider adopting our own regulations for resource extraction beyond those codes listed above, to the extent local regulation is permitted:  Setbacks,  Floodplain restrictions,  Disposal of waste materials,  Seismic activity,  Signage,  Access roads,  Environmental requirements, including buffers, noise, odor, water quality, air quality, and mitigation requirements for each,  Visual screening and site containment,  Recording of flow lines,  Reclamation of the site,  Abandonment of the site,  Operations in “high density” or “high activity” areas,  Building permits and the development review process requirements, including notice and outreach requirements,  Review criteria,  Monitoring and inspection criteria, period, and process,  Violations and enforcement,  Findings of adverse impact, and  Policies relating to the provision of water or wastewater treatment services. One innovative solution to oil and gas regulation that the City of Longmont is currently reviewing is the option of having two sets of standards: one that allows a permitting process to be “fast-tracked” and another that goes through a standard review process. The fast-tracking process has stricter requirements, e.g., more significant setbacks, greater screening requirements, etc., but if the oil and gas company voluntarily agrees to abide by these stricter standards, their review process can be streamlined with an internal review. If the applicant would like to be regulated by their minimum standards, the more 3 extensive review, including public outreach and Planning and Zoning Board approval, would apply. This type of review process, similar to the City’s Type I and Type II Review, is something that the City of Fort Collins might want to explore for these types of land uses as well. There is also an increasing trend, supported by the Oil and Gas Commission, to develop Memoranda of Understanding (MOU’s) and intergovernmental agreements that would permit local governments to take on some inspection responsibility from the state. Local governments also have the opportunity to comment, through the Commission’s Local Designee process, on permit applications to the State. These approaches, while helpful in some instances, do not address many of the concerns of local communities. 3. Suggested process for amending the City’s Land Use Code to address oil and gas land uses There are two issues for Council to consider before establishing a moratorium on oil and gas drilling: A. Determine the particular purpose for the moratorium. In this case, it would be to allow time for development of a supplementary regulation in Division 3.8 of the Land Use Code that specifically addresses the key areas outlined above, and more as necessary, as they relate to oil and gas land uses; B. Create a timeline and process for the development and outreach of these regulations, so that all stakeholders within the City are both informed about the proposed changes and also involved in their development and that can be completed within the moratorium timeframe. These two items are briefly discussed below. Development of a supplementary regulation in Division 3.8 of the Land Use Code Division 3.8 of the Land Use Code contains 28 sections that highlight individual issues that may or may not apply to a project entering into the development review process. By way of example, the topics areas covered by these supplementary regulations range from accessory buildings and child care centers to wireless telecommunication facilities and composting. Staff suggests that this Division of the Land Use Code is where the supplementary regulations for oil and gas related land uses should be placed. This new supplementary regulation would cover the range of topics addressed in section two of this memo (key areas other cities regulate) and any other topics that arise during the public outreach and code development process, developed with the intention of avoiding “operational conflict” with the State of Colorado’s oil and gas regulations. Create a timeline for the development and outreach of these supplementary regulations In determining the length of the moratorium that should be proposed to Council, staff has reviewed the timelines of other communities for their development and adoption of the oil and gas related land use regulations.  Longmont – On January 24, 2012, the City Council of Longmont adopted a 120 day moratorium on the acceptance and processing of applications for the drilling and production of oil and gas. Their moratorium is effective from December 20, 2011 through April 17, 2012. Their City Staff are currently preparing amendments and will present the ordinance to their Council on March 13th and March 27th.  Central City – enacted a ten-month moratorium.  Commerce City – The drilling company (Hilcorp Energy) that was seeking to explore oil and gas in Commerce City voluntarily agreed to a 30-day moratorium in December 2011. In January and in late February, staff proposed to the Commerce City Council that a six-month moratorium be 4 put in place, but the City Council rejected that proposal, agreeing to hold off on the moratorium for at least 60 days.  Erie – On March 7th, 2012, Erie’s Board of Trustees approved a 180 day moratorium that prevents new permits for oil and gas companies. This was a position change for the Board of Trustees in that approximately six weeks prior, they had decided not to impose a moratorium.  Colorado Springs – Imposed a six-month (180-day) moratorium on November 30, 2011. As indicated above, there is a range of lengths in moratoriums that communities are establishing, with approximately six months as the average length established. In order to determine the appropriate length of a moratorium, staff will need to identify the work to be completed in order to develop and establish new regulations and estimate the time needed for that work to be completed. However, given the City of Fort Collins’ established record of extensive involvement of the community in the decision making process, plans for the work to be carried should include and incorporate public outreach and input elements in a way that does not unnecessarily extend the length of the moratorium period. Council might want to discuss a moratorium length of up to ten months, similar to Central City, to ensure this issue is vetted both internally and throughout the community. Thus, it is staff’s preliminary recommendation that Council recommend between a six-month and ten-month moratorium on the acceptance of oil and gas drilling permits to allow staff to engage in a thorough analysis of other communities’ regulations, the most appropriate regulations for our community, and an opportunity for an extensive outreach and community input process. In regards to public outreach, there are numerous mechanisms for involving the community in the discussions surrounding oil and gas drilling within the City limits. For example, the City of Longmont has conducted a joint board and commission hearings to ensure that all issues are discussed that could relate to the issue. In addition, at this joint hearing, the boards participated in a preference survey designed to assess where the areas of concern were regarding oil and gas, so that regulations could be tailored to their community. Holding a joint hearing of numerous boards that would want to weigh in on this issue would be one way to have a cross-boundary dialogue on this issue. In addition to board and commission engagement, staff will work with the public engagement/outreach team to develop an outreach effort that is both thorough and effective. For example, preference surveys also could be conducted at public workshops and through online surveys. A citizens’ advisory group could be appointed to ensure all citizen engagement techniques are appropriate for developing the supplementary regulations. Staff has heard Council’s desire that our outreach efforts be more systematic and effective, and involvement of our residents in the process of developing these supplementary regulations will be critical to the long-term success of how our community regulates oil and gas development. Staff welcomes any additional suggestions from Council for how to best engage the public in the development of these regulations. Natural Areas Department 1745 Hoffman Mill Road PO Box 580 Fort Collins, CO 80522 970.416.2815 970.416.2211 - fax fcgov.com/naturalareas ATTACHMENT 2 Memorandum TO: Karen Cumbo, Director of Planning Development and Transportation THROUGH: John Stokes, Natural Areas Department Director FROM: Daylan Figgs, Senior Environmental Planner, Natural Areas Department DATE: March 5, 2012 SUBJECT: Best Management Practices for Oil and Gas Exploration and Production Best Management Practices for Seismic Surveys In March 2010, the Natural Areas Department was contacted by representatives in the oil and gas industry expressing an interest to explore and potentially develop mineral resources on Meadow Springs Ranch and Soapstone Prairie Natural Area. In response to this request several actions were taken by the City that include the development of an Access Permit, working with the Colorado State Land Board to initiate the Mountains to Plains Energy by Design planning process, and the development of Best Management Practices for Oil and Gas Exploration and Production, and Best Management Practices for Seismic Surveys. Impacts associated with oil and gas development that are of most concern to the Natural Areas Department include site and habitat impacts, site restoration, habitat fragmentation caused by well pads, roads, and other related infrastructure, impacts to wildlife and other natural resources, impacts to cultural resources, surface and groundwater contamination, noise and light pollution, and overall air quality impacts. As such NAD drafted a set of Best Management Practices to help avoid and/or manage impacts associated with oil and gas exploration and development. In addition, a second set of Best Management Practices were developed to manage seismic surveys conducted in relation to oil and gas activities. In general, the BMP’s call for a comprehensive consultation process in the initial phase of any oil and gas related activity. The purpose of this phase is first to identify and avoid impacts to natural and cultural resources within the City property; the second step is to minimize and mitigate any unavoidable impact by how and when oil and gas activities are conducted. The BMP’s are intended to follow the full process of oil and gas activities from the initial planning stages through final reclamation. Included are impact avoidance and mitigation measures for aquatic and wetland resources, wildlife resources, cultural resources, and air quality. 2 The development of the BMPs relied on information contained within the Intermountain Oil and Gas BMP Project (http://www.oilandgasbmps.org) and the Colorado Department of Parks and Wildlife Actions to Minimize Adverse Impacts to Wildlife Resources (October 27, 2008). 1 1 Oil & Gas Extraction Moratorium First Reading of Ordinance No. 048, 2012 Karen Cumbo, Planning, Development & Transportation Director May 15, 2012 2 Oil & Gas Extraction Moratorium First Reading of Ordinance No. 048, 2012 Establishing a Moratorium on the Acceptance or Processing of Land Use Applications, Permit Applications, and Other Applications Seeking Approval to Conduct Oil and Gas Extraction or Related Operations Within the City. ATTACHMENT 3 2 3 Oil & Gas Extraction Moratorium • Little oil & gas drilling in Larimer County now – No application for permit within City boundaries yet • Likely increase in attention to Larimer County & Fort Collins • State of Colorado currently pre-empts most regulation within municipal boundaries • Staff monitoring legislation • Proposing a temporary moratorium, until Fort Collins can develop regulations 4 3 5 Oil & Gas Extraction Moratorium • Current Conditions – Exploration & extraction regulated by State – Growing public concern – Statewide legislative review – Local efforts • Natural Areas permit process & Best Management Practices • Participating in statewide review • Local Designee Program: Colorado Oil & Gas Conservation Commission 6 Oil & Gas Extraction Moratorium • Environmental Concerns – Air & Water Quality – Hazardous Materials – Impact to Wildlife Habitat • Heavy Equipment Impacts – Roads – Natural Areas 4 7 Oil & Gas Extraction Moratorium Staff Recommendation • Establish a moratorium on drilling permit applications – Period of eight months – Develop a regulatory process that reflects and protects Fort Collins’ interests • To the degree allowed by law 8 Oil & Gas Extraction Moratorium • Next Steps (6-8 Months) – Initial Public Outreach – Council Work Session Discussion re: Priorities – Draft Regulations – Public Outreach and Dialog-Draft Regulations – Boards & Commissions – Council Work Session-Draft Regulations – Council Hearing ORDINANCE NO. 048, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS ESTABLISHING A MORATORIUM ON THE ACCEPTANCE OR PROCESSING OF LAND USE APPLICATIONS, PERMIT APPLICATIONS, AND OTHER APPLICATIONS SEEKING APPROVAL TO CONDUCT OIL AND GAS EXTRACTION OR RELATED OPERATIONS WITHIN THE CITY OF FORT COLLINS WHEREAS, the City Council recognizes that the mining industry is important to the Fort Collins community, but believes that it is also important to minimize, through appropriate regulation, the adverse impacts that mining or any other industry may have on the health, safety, and welfare of the City and its citizens; and WHEREAS, there has been growing interest in oil and gas resources underlying portions of the City; and WHEREAS, the exploration for and extraction of liquid and gaseous hydrocarbon resources and related activities present health, safety, and welfare issues which may currently be inadequately addressed in the City's zoning and land use regulations; and WHEREAS, the present regulations of the City which relate to oil and gas exploration, extraction, and related operations and activities in the City need to be updated with respect to regulatory best management practices consistent with the Colorado Oil and Gas Conservation Commission Rules, and also be brought up to date with the current technologies of the oil and gas exploration and extraction industry, in order to better preserve and protect the public health, safety, and welfare of the citizens and key resources of the City; and WHEREAS, oil and gas exploration, extraction, and related operations and activities may negatively impact Fort Collins citizens, the use and integrity of water supplies and water infrastructure, air quality, roads and transportation infrastructure, wastewater infrastructure, land resources, wildlife and aesthetic values; and WHEREAS, Section 1.2.2 the City’s Land Use Code provides that the purpose and intent of the City's zoning and land use regulations is to, among other things, minimize the adverse environmental impacts of development; and WHEREAS, the City’s land use regulations for oil and gas exploration, extraction, and related operations and activities need to be comprehensively reviewed to determine whether they are sufficient to protect the public health, safety, and welfare, or whether additional regulations are necessary to address the impacts of such activities; and WHEREAS, if land use applications, permit applications, or any other applications for oil and gas exploration, extraction, related operations and activities are approved within the City limits before City staff and the City Council have an opportunity to thoroughly examine the impact of such activities and take all steps necessary to protect public health, safety, and welfare, irreparable harm may be done to the residents of the City; and WHEREAS, to address this situation, the City Council finds and determines that an eight- month moratorium on the acceptance or processing of any land use application, permit applications, or any other application requesting approval to conduct oil and gas exploration, extraction, and related operations and activities within the City limits is necessary and reasonable for the purpose of studying the impacts of these types of uses and determining whether additional land use and zoning regulations are necessary to protect and preserve the public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that the submittal of land use applications, permit applications, or applications requesting approval to conduct oil and gas exploration, extraction, and related operations and activities within the City limits may be imminent, and that the City’s existing regulations in this area are outdated and do not contemplate current industry technologies to properly mitigate impacts of these types of activities to protect and preserve the public health, safety, and welfare. Section 2. That, to address this situation, commencing June 15, 2012, there shall be a moratorium on the acceptance or processing of any land use application, permit application, or any other application requesting approval to conduct oil and gas extraction, or related operations and activities within the City limits. This moratorium shall terminate as of midnight February 15, 2013, or upon the receipt by the City Council of a recommendation from City staff and legislative action taken thereon by the City Council, whichever shall first occur. Section 3. That this Ordinance shall control over any conflicting ordinance of the City, but only to the extent of the conflict. Introduced, considered favorably on first reading, and ordered published this 15th day of May, A.D. 2012, and to be presented for final passage on the 5th day of June, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk -2- Passed and adopted on final reading on the 5th day of June, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk -3- Recommendation $30,000 $30,000 (CDBG Grant) $2,000 94% PS-25 Turning Point: Crisis Intervention Program Request $25,000 Recommendation $17,500 $17,500 (HSP Grant) $7,500 70% PS-26 (UDCC) Teaching Tree – Childcare Scholarships Request $60,000 Recommendation $50,000 $50,000 (HSP Grant) $10,000 83% PS-27 Volunteers of America (VOA): Nutrition Services Request $39,200 Recommendation $29,200 $29,200 (HSP Grant) $10,000 74% PS-28 Women’s Resource Center (WRC): Dental Connections Request $55,465 Recommendation $34,802 $34,802 (HSP Grant) $20,663 63% Scholarships Request $45,000 Recommendation $35,000 $35,000 (HSP Grant) $10,000 78% PS-15 Food Bank for Larimer County: Kids Café Program Request $27,000 Recommendation $21,407 $21,407 (HSP Grant) $5,593 79% PS-16 Homelessness Prevention Initiative (HPI): Rental Assistance Request $50,000 Recommendation $45,000 $45,000 (HSP KFCG Grant) $5,000 90% PS-17 Larimer Center for Mental Health (LCMH): Community Dual Disorders Treatment (CDDT) Program Request $37,884 Recommendation $28,380 $28,380 (HSP Grant) $9,504 75% PS-18 Larimer Center for Mental Health (LCMH): Emergency Mental Health Services Request $24,000 Recommendation $10,000 $10,000 (HSP KFCG Grant) $14,000 42% (CDBG Entitlement Grant) $10,115 (CDBG Program Income) $226 (HSP KFCG Grant) $0 100% PS-6 Catholic Charities: the Mission and Supportive Services Request $60,000 Recommendation $40,000 $40,000 (CDBG Grant) $20,000 67% PS-7 Center for Family Outreach: Low- Income Youth Scholarships Request $7,020 Recommendation $7,020 $7,020 (HSP Grant) $0 100% PS-8 Childsafe Research & Treatment Foundation: Child Abuse Treatment Program Request $20,000 Recommendation $12,000 $11,106 (HSP Grant) $894 (HSP KFCG Grant) $8,000 60% PS-9 Colorado Health Network – NCAP: Client Services & Homeless Prevention Request $25,000 Recommendation $15,000 $15,000 (HSP Grant) $10,000 60% $28,750 FY 2011 CDBG Unprogrammed Funds $131,892 71% PF-1 Disabled Resource Services (DRS): Robertson Building Purchase Request $77,000 Recommendation $385,000 $385,000 FY 2012 CDBG Entitlement Grant $0 500% All funding recommendations in the Affordable Housing and Public Facility category are in the form of a “Due on Sale Loan + 5% Simple Interest.”