HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/08/2008 - BOARDS AND COMMISSIONS PERIODIC REVIEW DATE : July 8 , 2008 WORK SESSION ITEM
STAFF : Darin Atteberry FORT COLLINS CITY COUNCIL
SUBJECT FOR DISCUSSION
Boards and Commissions Periodic Review.
EXECUTIVE SUMMARY
Each year Council meets several boards and commissions to review their functions and goals .
This year Council will review the following boards and commissions :
Retirement Committee
Zoning Board of Appeals
Air Quality Advisory Board
Community Development Block Grant (CDBG) Commission
Landmark Preservation Commission
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
The work session will conclude with either:
1 . A statement that the board should continue without alteration; or
2 . Direction to staff to prepare legislation making any changes (number of members, duties,
etc .) .
BACKGROUND
At the January 25 , 2000 study session, Council discussed several procedures regarding its boards
and commissions . A portion of the discussion focused on the establishment and scope of a
process to periodically review the purpose and functions of the City's boards and commissions .
At Council ' s request, staff developed a Periodic Review Process which was adopted on February
201 2001 by Resolution 2001 -026 as a part of the Boards and Commissions Manual. The initial
review dates have been staggered, and, thereafter, each board or commission will be reviewed
every six years after the initial review. The 2008 review includes the following boards and
commissions :
• Retirement Committee
• Zoning Board of Appeals
• Air Quality Advisory Board
• CDBG Commission
0 Landmark Preservation Commission
July 8, 2008 Page 2
In accordance with the adopted review process, each of the boards listed above completed a self-
assessment questionnaire. Attached to each questionnaire is the City Code description of the
board's duties, the most recent work plan, annual report, and bylaws. The Role of Council
Liaisons to Boards and Commissions is also attached to define the description of the Council
Liaison as it relates to direction, communication, facilitation and meeting attendance for boards
and commissions. The Council's review will consist of the following questions:
- What does the board do? (current functions)
- Does the City need a board that does this?
- If so, should any of the duties of the board be changed?
- Can any of the duties of this board be consolidated with another board?
- Is the size of the board appropriate?
- Is the work done by the board beneficial and useful to the Council?
The Chairperson and Vice-Chairperson from each of the boards and commissions have been
invited to join the Council during the review of each board or commission. The discussion at the
study session is intended to assist the Council in determining whether it should:
- Continue the board without alteration of duties or composition.
- Continue the board with amendment to duties and/or composition.
- Eliminate the board and its duties.
- Eliminate the board and transfer of some or all duties to other existing board(s).
The work session will conclude either with:
1. A statement that the board should continue without alteration; or
2. Direction to staff to prepare legislation making any changes (number of members, duties,
etc.).
ATTACHMENTS
1. Retirement Committee Periodic Review Questionnaire (with attachments)
2. Zoning Board of Appeals Periodic Review Questionnaire—(with attachments)
3. Air Quality Advisory Board Periodic Review Questionnaire—(with attachments)
4. CDBG Commission Periodic Review Questionnaire—(with attachments)
5. Landmark Preservation Commission Periodic Review Questionnaire (with attachments)
6. Periodic Review Process adopted February 20, 2001
7. The Role of Council Liaisons to Boards and Commissions adopted on May 17, 1988 and
revised on June 6, 2000
ATTACHMENT 1
Retirement Committee — Ben Manvel, Council Liaison
— Chuck Seest, Staff Liaison
Representatives —Jim O'Neill, Chair
— Rick Richter, Vice-Chair
♦ Brief(1-2 minutes)board representatives introduce
themselves and present overview of board function/mission.
Present any major concerns (if any) for Council to consider.
♦ Council questions/comments (10-12 minutes) concerning
the responses on the Periodic Review Questionnaire.
♦ Brief(1-2 minutes) summary of Board or Council action
needed (if any)
Notes:
RETURN COMPLETED QUESTIONNAIRE TO CITY CLERK BY: FRIDAY,JUNE 27,2008
BOARDS AND COMMISSIONS
PERIODIC REVIEW QUESTIONNAIRE
DATE PREPARED: June 16,2008
BOARD/COMMISSION NAME: General Employees' Retirement Committee (GERC)
LIST OF MEMBERS: Jim O'Neill, Chair
Rick Richter, Vice-Chair
Bill Switzer
James Lathrop
Dennis Freeburg
Chuck Seest, Director of Finance
1. Are the current duties of the board, as defined by City Code, realistic? If not, what
duties would you suggest be added and/or deleted?
The GERC reviewed the duties of the board at the June 12 meeting. The duties include:
Supervise the administration of the General Employees' Retirement Plan(the Plan);
Reviewing the actuarial assumptions used in the plan valuation;
Reviewing the annual actuarial report on the Plan;
Recommending funding levels for the Plan to City Council;
Interpreting provisions of the Plan:
Providing training,through staff, for employees covered by the Plan.
The committee feels the duties area reasonable.
2. Is the board's workload (annual work plan) too much; too little; about right?
Explain.
The committee annually adopts a work plan. In the last few years the committee has
concentrated on the funding level of the plan. The workload is appropriate for the
committee.
3. Does the board effectively accomplish its annual work plan?
Yes
2
RETURN COMPLETED QUESTIONNAIRE TO CYCY CLERK BY: FRIDAY,.TUNE 27,2008
4. Are board meetings conducted in an effective manner? What could be done to
improve board meetings?
Board meeting are conducted in an effective manner. Work load is heaviest in the first
six months of the year and at the end of the year. The committee cancels 1-2 meeting per
year when there is no business to discuss.
5. Is the current size of the board appropriate?
Yes
6. Are communications between the board and Council effective? What could be done
to improve these communications?
The committee communicates to Council through our liaison and also the annual actuarial
and funding update is presented to the Council Finance Committee. Communications are
good.
7. Other comments:
None
Attachments:
Committee Web Page
City Code description of duties
Current Work Plan
Current Annual Report
Current Bylaws
3
Personnel,Pensions and Retirement—In General §21-1
DIVISION 2. RETIREMENT COMMITTEE Sec.21-88. Functions.
Sec.21-86. Creation. The members of the Committee shall supervise the
The Retirement Plan provides for administration by a administration of the Retirement Plan in accordance with
tirement Committee,hereinafter referred to in this Article the terms thereof and shall have all the powers provided in
as a "Committee." the Retirement Plan.
(Ord. o. 92, 1992, § 29, 9-15-92) (Res. 71-57. 6-24-71)
Sec.21- . Membership; term.
(a) The mmittee shall consist of six(6)members.The
Director Of Fin ce shall serve as a standing member of the
Committee, and a remaining five (5) members shall be
appointed by the ' Council. Of the appointed members,
three (3) shall be ployees who are covered by the
Retirement Plan. The ourth appointee shall either be an
employee who is cove d by the Retirement Plan or an
individual who is a tax pa 'ng elector of the City. The fifth
appointee shall be a retir member of the Plan who is
receiving a monthly retirem t benefit from the Plan.
(b) Each member shall se without compensation for
a term of four (4) years, exc t that members may be
appointed by the City Council for shorter term in order to
achieve overlapping tenure.Appoi ents shall specify the
term of office of each individual. 1 members shall be
subject to removal by the City Council. f a vacancy occurs
on the Committee,it shall be filled by th City Council for
the remaining unexpired portion of the to . No member
shall serve more than two (2) consecutive erms. For the
purposes of this provision, a "term" shall include the
balance of an unexpired term served by a perso appointed
to fill a vacancy if such unexpired term exceeds t my-four
(24)months.
(Res. 71-57, 6-24-71; Ord. No. 92, 1992, § 29, 9- -92;
Ord.No.79, 1994,6-7-94;Ord.No.47, 1999, § 1,4-2 9;
Ord.No, 93, 2002, § 1, 7-16-02)
Cross-references—Board of commissions,§2.71;employees'retirement
pension plan fund,§8.78.
21-1
Supp.No.77
4
GENERAL EMPLOYEES' RETIREMENT COMMITTEE
2008 Work Plan & Meeting Schedule
2008 Meeting Schedule
Regular meetings of the General Employees' Retirement Committee (GERC) are scheduled for
the second Thursday of every month and are held at 215 North Mason in conference room 2A
beginning at 1:I Spm. The 2008 GERC meeting schedule is:
January 10 April 10 July 10 October 9
February 14 May 8 August 14 November 13
March 13 June 12 September 11 December 11
2008 GERC Work Plan
■ Prepare 2007 GERC Annual Report for City Council prior to January 31, 2008.
• Elect Officers and Review GERC standing rules in February,2008.
■ Continue Monitoring of Retirement Plan and the level appropriate level of contributions.
iRevise actuarial assumptions prior to April 1, if necessary.
• Review the 47%GERP death benefit provision.
■ Discuss actuarial methods to determine whether to use Entry Age Normal or the
Aggregate Method.
■ Distribute 'Personal Retirement Planning Statement' forms in April 2008.
• Review Quarterly Investment Reports.
• Review legislative issues with actuarial consultant and support staff.
• Conduct annual review of actuarial consultant services in June,2008.
• Prepare Work Plan for 2009 by November 30,2008.
■ Provide educational opportunities for GERP members when needed
• The web site for the General Employees' Retirement Committee will be monitored,
updated as needed, and the minutes of the meetings will be posted once they have been
approved and signed.
■ Provide advice to Council related to the 2009 budget process related to retirement issues.
5
General Employees' Retirement Committee
2007 Annual Report
The General Employees' Retirement Plan(GERP)is managed and administered by the General
Employees' Retirement Committee(GERC)in accordance with the terms of the Plan. The 2007 actuarial
report prepared by Milliman Inc. indicates that as of January 1,2007,there were 541 members in GERP of
whom 274 were active members who continue to accrue benefits under the Plan, 127 retirees and 16
beneficiaries currently receiving benefits; and 124 vested terminated employees.
One way to look at the adequacy of Plan funding is to compare the value of benefits under the Plan terms
to the value of Plan assets as of the valuation date January 1, 2007. By this measure,the Plan is fairly well
funded, since the actuarial value of plan assets covers 77.9%of the present value of future benefits, and the
market value of plan assets covers 84.3%of the Present Value of Future Benefits. The Present Value of
Future Benefits is $50,187,981, and the Market Value of Assets is$43,322,185. The Present Value of
Future Benefits includes benefits earned to date plus the value of benefits anticipated to be earned for all
expected future service by current participants. The market value of plan assets exceeds the present value
of accumulated Plan Benefits by I I%as of January 1, 2007.
According to the actuarial report and other information from Milliman, the Plan's funded status is
improving.The period of additional contributions has been reduced by five years from the prior report.The
City of Fort Collins Finance Committee and Millman studied the under funding and recommended the
following funding strategy. The 2008-09 Budget contains a phased-in approach for the General
Employees' Retirement Plan to fund predicted shortfalls including$400,000 in additional contributions
2008 and 2009 and $700,000 in 2010-2017.
In 2006, the Committee was composed of Jim O'Neill,Chair, Purchasing and Risk Management, Bill
Switzer,Vice-Chair,Utilities,Financial Operations; Michele Hays-Johnson,Utilities,Water Production;
Dottie Nazarenus, a retired Plan member; Jim Lathrop, a citizen and, Chuck Seest, Finance Director.
Staff support for the Committee included Heather Shepheard, Finance Secretary;Janie Appleton,Human
Resources, Greg Tempel,Assistant City Attorney.Tracy Hoffman and Harold Hall, Finance Department
provided staff support for investments.
COMMITTEE HIGHLIGHTS FOR 2007:
PERSONAL RETIREMENT PLANNING STATEMENTS(PRPS)
The GERC had the PRPS prepared by the actuary,Milliman, and distributed them to individual members in
the April of 2007.
General Employees' Retirement Plan 5`"Amendment—Council passed resolution 2007-29 for the
purpose of shortening the length of time between an employees retirement date and the Initial
benefit payment.
6
General Employees' Retirement Committee
2006 Annual Report
January 11, 2007
Page 2 of 2
RETIREMENT PHILOSOPHY
The Committee continues to monitor investment returns and to have discussions with Milliman regarding
our retirement philosophy.
MEMBER EDUCATION
Over 80 Plan members attended GERC information seminars put on by HR.
INVESTMENT RESULTS
The Annual Rate of Investment Return was 13.63 % as of December 31,2007 compared to 14.37% as of
December 31, 2006. The Total Market Value of Assets was$45,599,451 as of January 1,2008, compared
to $43,322,185 as of January 1,2007; an increase of$2,277,266.'
Final results are subject to adjustment of Investment balances reconciled to the general ledger which occurs In the
first quarter of each year.
GENERAL EMPLOYEES' RETIREMENT COMMITTEE
STANDING RULES
REVISED FEBRUARY 14,2006
MEETINGS:
1. The Committee holds its regular meetings on the second Thursday of the month at
1:15 p.m. at 215 North Mason, Conference Room 2A, second floor.
2. The Committee shall meet quarterly at a minimum. Such meetings will be
scheduled approximately 45 days after a quarter ends, e.g. March 31, June 30,
September 30, and December 31.
STAFF SUPPORT
Staff support may include:
1. Members of the Finance department, as needed.
2. Human Resources representative for employee benefit support.
3. City Attorney's Office representative for legal support.
OFFICERS
1. Election of officers shall take place once a year at the February meeting. The City
Clerk's Office shall be informed of the election of new officers. If an officer's
Committee membership expires before the election, an interim officer can be
appointed by the Chair.
2. The positions of Chair and Vice-Chair are for one-year terms, but are not limited
to one term.
GENERAL
I. The Committee will review the annual actuarial valuation, usually in the second
quarter.
2. Personal Retirement Planning Statements showing employee pension benefit
projections prepared by the Plan's actuary will be distributed by April of each
year.
3. Each year, the Finance Department support staff will make an effort to confirm
addresses for terminated vested employees.
4. Past Committee members and Plan members may be asked to serve on a
voluntary basis in an ex-officio capacity to assist the Committee in fulfilling its
responsibilities.
5. There will be an annual review of the actuarial consultant.
DIRECTIVES IN CHRONOLOGICAL ORDER
1. A draft of the Committee's prior year annual report will be reviewed at the
January meeting in order to meet the City Clerk's January 31 deadline.
2. The Standing Rules shall be reviewed annually at the February meeting in
conjunction with the election of officers.
3. A draft of the Committee's ensuing year work plan will be reviewed at the
November meeting in order to meet the City Clerk's December 1 deadline.
Approved: January 1992
Revised: September 1994;December 16, 1996;October 5,2000;
February 6,2002;February 5,2004 and March 3,2005
8
ATTACHMENT
Zoning Board of Appeals — Kelly Ohlson, Council Liaison
— Peter Barnes, Staff Liaison
Representatives — Dwight Hall, Chair
—Dana McBride, Vice-Chair
♦ Brief(1-2 minutes) board representatives introduce
themselves and present overview of board function/mission.
Present any major concerns (if any) for Council to consider.
♦ Council questions/comments (10-12 minutes) concerning
the responses on the Periodic Review Questionnaire.
♦ Brief(1-2 minutes) summary of Board or Council action
needed (if any)
Notes:
RETURN COMPLETED QUESTIONNAIRE TO CITY CLERK BY: FRIDAY,JUNE 27,2008
BOARDS AND COMMISSIONS
PERIODIC REVIEW QUESTIONNAIRE
DATE PREPARED: June 12,2008
BOARD/COMMISSION NAME: Zoning Board of Appeals
LIST OF MEMBERS: Dwight Hall, Chair
Dana McBride,Vice Chair
Alison Dickson
David Shands
Ron Daggett
Jim Pisula
Michael Bello
1. Are the current duties of the board, as defined by City Code, realistic? If not,what
duties would you suggest be added and/or deleted?
The current duties are realistic.
2. Is the board's workload (annual work plan) too much; too little; about right?
Explain.
The ZBA workload is about right.
3. Does the board effectively accomplish its annual work plan?
Yes.
2
RETURN COMPLETED QUESTIONNAIRE TO CITY CLERK BY: FRIDAY,JUNE 27,2008
4. Are board meetings conducted in an effective manner? What could be done to
improve board meetings?
Board meetings are generally conducted in an effective manner, allowing all parties to
leave the meeting believing that they have had a fair hearing.
Boardmembers should always inform the chairperson and staff liaison before the meeting
if they need to leave by a certain time. Boardmembers should not leave the council
chambers during the discussion of an item. Rather, such "breaks" should occur at logical
a,
times between agenda items.
5. Is the current size of the board appropriate?
i
Yes.
1
6. Are communications between the board and Council effective? What could be done
to improve these communications?
Communications is ok the way it currently is. The Board assumes that if there is an
issue, City Council or the Council Liaison will communicate the matter to the Board.
7. Other comments:
None.
Attachments:
City Code description of duties
Current Work Plan
Current Annual Report
Current Bylaws
0
3
Administration-Boards and Commissions
DIVISION 35. ZONING BOARD OF APPEALS* accordance with the provisions of Division 2.10 of
S .2-451. Creation. the Land Use Code.
ere shall be and is hereby created a Zoning Board of (2) To authorize upon appeal in specific cases, and in
Appe Is, hereafter referred to in this Division as the accordance with the provisions of Division 2.9 of the
"Boa, " Land Use Code,variances from the terms of Articles
(Ord.N 158, 1986,§25, 11-4-86;Ord.No.29, 1992,3-3- 3 and 4 of the Land Use Code or, if applicable,
92) Chapter 29,Articles I through IV of the Transitional
Land Use Regulations,
See.2-452. embership; term,
(a) The Boar shall consist of seven (7) members (Ord. No. 158, 1986, § 25, 11-4-86; Ord. No. 154, 1987,
appointed by the C Council. § 13, 10-20-87; Ord. No. 29, 1992, 3-3-92; Ord. No. 51,
(b) Each member I serve without compensation for 1997, § 7,3-18-97;Ord.No. 113, 1997, § 2, 8-5-97)
a term of four (4) ye , except that members may be
appointed by the City Co cil for a shorter term in order
to achieve overlapping ten . Appointments shall specify
the term of office of each indl 'dual.All members shall be
subject to removal by the City until.If a vacancy occurs
on the Board, it shall be filled by e City Council for the
remaining unexpired portion of the No member shall
serve more than two(2)consecutive to s.For the purposes
of this provision, a "term" shall include a balance of an
unexpired term served by a person ap inted to fill a
vacancy if such unexpired term exceeds ty-four (24)
months.
(Ord.No. 158, 1986,§25, 11-4-86;Ord.No. 110, 1990, 10-
16-90;Ord.No. 29, 1992,3-3-92;Ord.No.92, 1992, §21,
9-15-92; Ord.No.93,2002, § 1,7-16-02)
Sec.2-453. Functions.
The Board shall have the following powers and duties:
(1) To hear and decide appeals from and review any
order, requirement, decision or determination made
by an administrative official charged with
enforcement of the regulations established by the
Land Use Code or, if applicable, Articles I through
IV of the Transitional Land Use Regulations in
Note-See Editors Note at Div.33.
Cross-references-Appeals from certain boards and commissions to betaken
to by the City Council,§2.47;open meetings,§2-71 et seq.;Planning and
Zoning Board, § 2-351 et seq.; Office of Community Planning and
Environmenml Services,§2.500;landmark preservation,Ch. 14
2-38
supp.No.81
4
Division Z 10, Variances(By the Zoning Board of Appeals) Section 2.10.1
DIVISION 2.10 VARIANCES(BY THE ZONING BOARD OP APPEALS)
Sections:
2.10.1 Purpose and Applicability
2.10.2 Variance Review Procedures
2.10.1 Purpose and Applicability
The purpose of this Division is to authorize, in specific cases, variances from the
terms of Articles 3 and 4 or, if applicable, Articles I through IV of the Transitional
Land Use Regulations. However, this variance procedure shall apply only to
approved site specific development plans or to properties that were developed
pursuant to a basic development review or use-by-right under prior law and shall only
authorize a variance from the terms of Articles 3 and 4 as provided in this Division. }
It shall not authorize a change in use other than to a use that is allowed subject to
basic development review. Also, the variance shall not be used for overall 1
development plans, project development plans or final plans which are pending
approval at the time that the request for the variance is filed. The process to be used
for such pending development applications is the procedure established in Division
2.8(Modification of Standards).
(Ord. No. 90, 1998, 5119198; Ord. No. 177, 1998 §1, 10/20/98; Ord. No. 107, 2001 §11,
6/19/01;Ord.No.204,2001 §1, 12/18/01)
2.10.2 Variance Review Procedures
A variance shall be processed according to, in compliance with and subject to the
provisions contained in Division 2.1 and Steps I through 12 of the Common
Development Review Procedures (Sections 2.2.1 through 2.2.12, inclusive) as
follows:
(A) Step 1(Conceptual Review): Not applicable.
(B) Step 2(Neighborhood.Meeting): Not applicable.
(C) Step 3 (Development Application Submittal): All items or documents required
for variances as described in the development application submittal master list
shall be submitted. The Director may waive or modify the foregoing submittal
requirements if, given the facts and circumstances of the specific application, a
particular requirement would either be irrelevant, immaterial, redundant or
otherwise unnecessary for the full and complete review of the application.
(D) Step 4(Determination of Sufficiency): Applicable.
Anicie 2,Page 61
Supp.2!
5
Division 2.10, Variances(By the Zoning Board of Appeals) Section 2.10.2(E) r
(E) Step S(Staff Report): Not applicable.
(F) Step 6 (Notice): Section 2.2.6(A) only applies, except that "500 feet" shall be
changed to "150 feet," and "14 days" shall be changed to "7.days," everywhere
they occur in Section 2.2.6.(A). Section 2.2.6(B)-(D)shall not apply.
(G) Step 7(rt) (Decision Maker): Not applicable; and in substitution for Section
2.2.7(A),the Zoning Board of Appeals,pursuant to Chapter 2 of the City Code,
shall review, consider and approve, approve with conditions, or deny
applications for variance based on its compliance with all of the standards
contained in Step 8.
Step 7(B)-(G)(1) (Conduct of Public Hearing, Order of Proceedings at Public
Hearing, Decision and Findings, Notification to Applicant, Record of
Proceedings, Recording of Decisions and Plats, Filing with City Clerk):
Applicable.
Step 7(G)(2) (Final Plats Recorded with County Clerk and Recorder): Not
applicable.
(H) Step 8 (Standards): 'Applicable, and the Zoning Board of Appeals may grant a
variance from the standards of Articles 3 and 4 only if it finds that the granting
of the variance would neither be detrimental to the public good nor authorize
any change in use other than to a use that is allowed subject to basic
development review; and that:
(1) , by reason of exceptional physical conditions or other extraordinary and
exceptional situations unique to such property, including, but not limited
to, physical conditions such as exceptional narrowness, shallowness or
topography, or physical conditions which hinder the owner's ability to
install a solar energy system, the strict application of the standard sought
to be varied would result in unusual and exceptional practical difficulties,
or exceptional or undue hardship upon the occupant of such property, or
upon the applicant, provided that such difficulties or hardship are not
caused by the act or omission of the occupant or applicant;
(2) the proposal as submitted will promote the general purpose of the
standard for which the variance is requested equally well or better than
would a proposal which complies with the standard for which the
variance is requested;or
(3) the propqsal as submitted will not diverge from the standards of the Land
Use Code that are authorized by this Division to be varied except in a
Ankle 2,,Page 62
SWpp•21
6
Division 1.10, Variances(By the Zoning Board ojAppeals) Section 1.10.1(H) .�
nominal, inconsequential way when considered in the context of the
neighborhood,and will continue to advance the purposes of the Land Use
Code as contained in Section 1.2.2.
Any finding made under subparagraph (1), (2) or (3) above shall be supported
by specific findings showing how the proposal, as submitted, meets the
requirements and criteria of said subparagraph(1), (2)or(3).
(1) Step 9(Conditions of Approval): Applicable.
(J) Step 10(Amendments): Not Applicable.
(K) Step 11 (Lapse): Any variance which applies to the issuance of a Building
Permit shall expire six (6)months after the date that such variance was granted,
unless all necessary permits have been obtained; provided, however, that for
good cause shown,the Zoning Board of Appeals may authorize a longer tern if
such longer term is reasonable and necessary under the facts and circumstances
of the case,but in no event shall the period of time for obtaining all necessary
permits under a variance exceed twelve (12) months in length. One (1) six-
month extension may be granted by the Zoning Board of Appeals.
(L) Step 12(Appeals): Applicable.
(Ord. No. 177, 1998 §l, 10/20/98; Ord. No. 228, 1998 §11, 12115/98; Ord. No. 165, 1999
§13, 11/16199; Ord.No. 59,2000 §9, 6/6/00; Ord.No. 183,2000 §8, 12/19/00; Ord.No. 107,
2001 §§12-16, 6119101; Ord. No. 204, 2001 §1, 12/18/01; Ord. No. 087, 2002 §1, 6/4/02;
Ord.No. 198,2004 §2, 12/21/04)
Article 7,Page 63
SnPP.21
DivLsion 2.11,Appeal From Administrative Decisions Section 2.11.1
DngsloN 2.11 APPEAL FROM Anm r u,STRATrn DEr4SIONS
Sections:
2.11.1 Purpose and Applicability
2.11.2 Administrative Appeal Review Procedures
i
2.11.1 Purpose and Applicability i
(A) Purpose. The purpose of this Division is to provide for appeals of certain
administrativelcity staff decisions to the Zoning Board of Appeals.
(B) Applicability. This Division shall apply to appeals from an administrative
decision regarding the interpretation and/or application of the land use
regulations which preceded this Land Use Code, and to appeals from the 1
following administrative decisions made under this Land Use Code, provided
such administrative decision is not for approval, approval with conditions, or
denial either of a project development plan or a final plan pursuant to Divisions
2.4 or 2.5 or of an administrative amendment/abandonment of any such plan or
of any plan approved under prior law, processed pursuant to Section 2.2.10
(Step 10):
(1) Addition of a Permitted Use by Director under Section 1.3.4;
(2) Issuance of a written administrative interpretation under Section 1.4.3;
(3) Establishment of the Development Application Submittal Requirements
under Section 2.2:3(C);
(4) Waiver of Development Application Submittal Requirements under
Section 2.2.3(C);
(5) Waiver of a neighborhood meeting by the Director under Section 2.2.2;
(6) Establishment of Development Review Fees by the City Manager under
Section 2.2.3(D),adopted administratively and not by Council resolution;
(7) The issuance of a Stockpiling Permit under Section 2.6.3.
(8) The issuance of a Development Construction Permit under Section 2.6.3.
(9) The issuance of a Building Permit under Section 2.7.3.
SLpp.27 Article 2,Page 65
8
Division 1.11,Appeal From Administrative Decisions Seaton 1.11.1(B)
(10) Decisions of the City Engineer made under the provisions of Section
3.3.2(C)of this Land Use Code, or Section 29-14 of the Transitional Land
Use Regulations.
(11) Decisions of the administrative staff to approve,approve with conditions or
deny a development application for a use subject to Basic Development
Review based on its compliance with the applicable standards of Article 3
and Article 4 of this Land Use Code.
Appeals from administrative decisions on a project development plan or a final
plan shall be governed by Division 2.4 or 2.5, respectively. Appeals from an
administrative decision on an amendment/ abandonment of an approved
development plan or site specific development plan shall be governed by ?
Section 2.2.10 (Step 10). Any action taken in reliance upon an appealed
administrative decision during the pendency of the appeal shall be totally at the
risk of the person(s) taking such action and the city shall not be liable for any
damages arising from any such action.
(Ord. No. 90, 1998, 5119198; Ord. No. 177, 1998 §§1, 2, 10/20/98; Ord. No. 178, 1998 §7,
10/20/98; Ord. No. 59, 2000 §10, 616100; Ord. No. 204, 2001 §3, 12118/01; Ord. No. 173,
2003 §7, 12/16/03)
2.11.2 Administrative Appeal Review Procedures
An appeal from an administrative decision shall be processed according to, in
compliance with and subject to the provisions contained in Division 2.1 and Steps 1
through 12 of the Common Development Review Procedures (Sections 2.2.1 through
2.2.12,inclusive) as follows:
(A) Step I (Conceptual Review): Not applicable,
(B) Step 2(Neighborhood Meeting): Not applicable.
(C) Step 3 (Development Application Submittal): All items or documents required
for an appeal from an administrative decision as described in the development
application submittal master list shall be submitted. The Director may waive or
modify the foregoing submittal requirements if, given the facts and
circumstances of the specific application, a particular requirement would either
be irrelevant, immaterial, redundant or otherwise unnecessary for the full and
complete review of the application.
(D) Step 4(Determination of Sufficiency): Applicable,
(E) Step 5(Staff Report): Not applicable.
Anicte 2,?age 66
Sapp.11
9
Division 2,11,Appeal From Administrative Decisions Section 2.11.2(F) .�
(F) Step 6 (Notice): Only Section 2.2.6(A) applies, except that 1115 days" shall be
changed to "7 days," everywhere it occurs in Section 2.2.6. Section 2.2.6(B)-
(D)shall not apply.
(G) Step 7(A) (Decision Maker): Not applicable, and in substitution for Section
2.2.7(A), the Zoning Board of Appeals,pursuant to Chapter 2 of the City Code,
shall review, consider and uphold, modify or overturn the administrative
decision which is the subject of the appeal based on its compliance with all of
the standards contained in Step 8 of this Section.
Step 7(B)-(G) (Conduct of Public Hearing, Order of Proceedings at Public
Hearing, •Decision and Findings, Notification to Applicant, Record of
Proceedings,Recording of Decisions and Plats): Applicable.
St 8 Standards Applicable, and an appeal from an administrative decision
� Step (Standards): PP � aPP �
shall be determined based upon the same standards which applied to the
underlying administrative decision. Any appeal that is taken pursuant to this
Division must be taken not later than fourteen (14) days from the date that the
administrative decision was made; and, except for administrative decisions
which are not focused upon a specific parcel of real property (are general in
nature), may be filed only by persons who possess a legal or equitable interest
in the specific real property which is the subject of the decision, or who own or
reside within real property any part of which is located within five hundred
(500) feet of the specific real property which is the subject of the decision.
(1) Step 9(Conditions of Approval): Applicable.
(,1) Step 70(Amendments):, Not applicable.
(K) Step 11(Lapse): Not applicable.
(L) Step 12(Appeals): Applicable.
(Ord. No. 90, 1998, -5/19/98; Ord. No. 177, 1998 §1, 10/20/98; Ord. No. 177, 2002 §4,
12/17/02)
Article 2,Page 67
Supp.11
10
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2008 WORK PLAN
ZONING BOARD OF APPEALS
1
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The Zoning Board of Appeals (ZBA) will meet on the second Thursday of every month,
provided that there are discussion items appearing on the regular monthly agenda. The
Board may also meet as needed in order to convene special meetings.
The primary purpose of the meetings will be to hear and decide appeals of certain
administrative decisions made by City staff and to authorize variances from the
requirements of the Land Use Code. It is estimated that the Board will consider
approximately 40 variance requests in 2008.
The 1994 sign code changes require that nonconforming signs must be brought into
compliance by February 15, 2009. In January, 2008, City staff will be mailing notices to
affected business owners, advising them of the need to correct their signs by the
following year. It is anticipated that the ZBA may start to receive sign variance
applications in 2008 from some of the business owners.
The Board will also be involved in other projects in 2008. As the need arises, the ZBA
will be reviewing proposed Land Use Code revisions that will be necessary as the City
continues refinement of the Code. No other special projects or issues are anticipated at
this time, but they will be brought to the Board as needed.
The Board will hold at least one breakfast work session. These sessions typically occur
on the morning of a regularly scheduled monthly meeting.
11
ZONING BOARD OF APPEALS
2007 ANNUAL REPORT
BACKGROUND: j
The Zoning Board of Appeals consists of seven members. Meetings are held the
second Thursday of every month in the Council Chambers at City Hall. The Board may
also meet as needed in order to convene special meetings. j
I
Members who served in 2007 are Dwight Hall, Andy Miscio, Dana McBride, Robert 3
Donahue, Alison Dickson, Ron Daggett, and Jim Pisula. Dwight Hall and Alison
Dickson served as chairperson and vice-chairperson, respectively. Robert Donahue
resigned in November due to a job relocation, and Andy Miscio's second term ended on
December 31". David Shands and Michael Bello were appointed in December to fill
these two vacancies.
Council liaison to the Board during 2007 was Kelly Ohlson. Staff support was provided
by Peter Barnes, Angelina Sanchez-Sprague, Lynn Suess and Paul Eckman.
2007 YEAR IN REVIEW:
• During 2007, the Zoning Board of Appeals (ZBA) acted on twenty-seven
variance requests to the City Land Use Code. Twenty-five of the variance
requests were approved and two were denied. Six of the approved variances
were granted with conditions. No decisions of the Board were appealed to City
Council.
• In addition to the twenty-seven variance applications, the Board also spent time
reviewing proposed Land Use Code amendments and providing staff with
comments and input regarding the comprehensive spring code change
ordinance.
• One of the variance requests that was approved by the Board in 2007 was
subsequently the subject of a District Court action which resulted in a Court order
requiring the Board to rehear the subject variance request. The rehearing never
occurred since the applicant withdrew his variance request.
12
BY-IAWS AND ROLES OF PR)CEDORE
of the
ZONING BOARD OF APPEALS
CITY OF FCY2 COLLINS, COLORADO
ARTICLE I - . .
Section 1. M-iese by-laws and rules of procedure have been adopted by
the Zoning Board of Appeals and approved by the City Council. Any by-laws or j
rules of procedure previously in effect are herewith superceded.
section 2. The official title of this Board shall be the Zoning Board
of Appeals of the City of Fort Collins, Colorado.
i
. . .ARTICLE II }
Meetings
i
Section 1. Regular meetings of the Board shall be held on the second
4liuv^sday of each month at 9:30 a.m.
Section 2. Special meetings may be called by the Ch4ii en of the Board .
at such .other tiles as the Chairman or the Board.may determine to be advisable, '
provided that written notice or notice by telephone of such meeting and of the .
subject 5ntvtter of isbch, zmeti.ng be given'to each Board mettber at least least twenty-four
hours prior to the time 'set for such meeting; provided further that notice of any
such sheeting be filed with the City Clerk at least twenty-four. (24) hours before
the tiim of such meeting. Any Board member.snay sign a waiver of notice which r%aiver
shall .then be in lieu of any other notice 'requirement. A Board member attending any
meeting shall be deemed to have received the necessary notice of such meeting.
Section 3. All m etings of the Board shall be held in the Council Climbers,.
City Hall, Pbrt CDllins, Colorado, or, after proper notice as sit forth In Section 2,
at such other place within the City of Fort Collins as the Chairman shall designate.
Section 4. All meetings shall be open to the public.
rr qta �
t'oU'r
Section a. A quorum of the Board shall- consist of theta Viers and no
official action on any matter may be taken by-the Eoard unless a quorum is prese.*,t.
13
Section 6. 7Ahe order of business for all meetings shall be the order as
i
it appears in the agenda except that the Chairman may under special circumstances
rearrange the order of business unless otherwise directed by a majority of the
remmbers there present and in session.
Section 7. Any Board nether who has a personal interest in any-.matter
before the Board shall disqualify himself or herself from any consideration or
discussion of or voting upon such matter. Any such disqualification shall be noted
in the official minutes of the meeting.
AWICM III
Officers and Duties
Section 1, The Zoning Board of Appeals shall be ecvprised of five renters '
who shall serve without conpensation for four years.
Section 2. A Chairman and Vice-Chairman shall be elected annually by
majority vote of the Board at the first regular meeting in Septenter of each year, .
hereinafter referred to as the annual meeting.
Section 3. The Chairman shall preside at all meetings of the Board. In
the event of the absence or disability of the Chairuen, the Vice-Chairman shall preside.
Section 4. A vacancy in the office of Chairman shall be filled automatically
by the Vice-Chaixnen and a new Vioe-Chairman elected at the next regular neeting of
the Board from among the nemliers. A vacancy in the office of Vice-Chairman shall
be filled at the next regular meeting of the Board by election from among the ment.�ers.
The officers so elected shall serve until the next annual meeting.
Section 5. The Chairman, subject to these by-laws and rules of procedure,
Shall decide all points cf anler or prccedura, unless otherwise directed by a
majority of the Board in session at that tine.
Section 6. The Secretary of the Board shall be the Clerk of the City of.
Fort Collins. The Secretary shall keep or cause to be kept the minutes of each
Board meeting, shall conduct all official correspondence and generally sLVervise the
clerical and technical work of the Board.
- a -
T4
ARTICLE IV
Variances and Appeals
Section 1. Every application for a variance from the terms of the .
zoning ordinance, every application for an interpretation of the zoning ordinance,
and every appeal from any order, requirement, decision or determination made by
an administrative official enforcing the zoning ordinances, shall be made to the
Board on forms specially provided therefor. Such forms shall be available at the
Building Inspection Department of thepCity of Fort Collins and must be completely
and accurately filled out by the applicant or appellant. Completed forms shall be �
submitted to the Building Inspection Department and in cases of appeals, shall be
accompanied by a written list of all owners of property adjacent to the property
in question.
Section 2. Every application properly submitted shall be placed on the
agenda for the next regular meeting of the Board, provided that such application.
is received by the Building Inspection Departrnent at least two weeks prior to the
next regular meeting of the Board. She Board may waive, this two week filing require-
ment provided that all notice requirements set forth in the zoning ordinance have
been met.
Section 3. The City Clerk or designee of the City Clerk shall mail written
notice of the hearing of an application for variance to the applicant or to the
appellant and to owners of property adjacent to the property in question at least
seven (7) days prior to the hearing date.
Section A. At the meeting for which a particular appeal, application for
%arl i).-e av i-teforct-ation 1$ schedal2d to be Tlc�ard, the aT 11slnt, appii.rant •^..'.
interested party may appear in his or her own behalf or be represented by an attorney.
In the absence of a personal appearance on behalf of the appellant or applicant, the
Board may proceed to dispose of the matter on the record before it. Any member of
the City staff may appear at such meeting and make presentations to the Board pertain-
ing to a particru ar application.
3 - 15
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Section 5. At any hearing of an appeal or application for variance or
( interpretation, the order shall be as follows, unless a majority of the Board then
i
present shall set a different order:
I
(a) Zoning Officer and other City Staff
(b) Appellant or Applicant
(c) Interested property owners or other interested
parties
Section 6. Any appellant or applicant may withdraw his or her appeal
or, application at any time prior to a final decision by the Board.
Section 7. In the case of any appeal, the. final disposition by the Board
shall be in the form of a mmtion which shall affirm, modify or reverse any order,
requirement, decision or determination previously made by an administrative official
charged with enforcement of the zoning laws.
Section 8. In the case of an interpretation, -the final disposition by
the Board shall be in the form of a motion which identifies the section of'the
zoning ordinance being interpreted by the Board and the specific interpretation
placed on that section by the Board.
Serl ion 9. In the Bass of any application for variance, the final. di.spos'_-
tion by the Board shall be in the form of a motion to deny or to grant such variance
with or without conditions. The motion shall specifically set forth the nature of
the variance permitted and what conditions, if any, shall be inposed upon the granting
of such variance.
Section 10. The concurring vote of the majority of the neAters of the
Pn-,rd nh l-I be necessary to reverse any order, re-T.1iren-nt, decision or Cete"ninatiCn
of an administrative official, to grant any variance, or to make any interpretation
Of the zoning ordinance.
( Section 11. No application or appeal which has been dismissed or denied
by the Board can be considered again except on aoiotion to reconsider the vote, or
on a request for a rehearing, provided that no request far rehearing shall be con-
_ It 16
sidered unless, new.evidence is. submitted which could not be presented at the previous.
hearing on the matter. Such request shall be made not later than.the first regular
meeting following the meeting at which action on the appeal or application.for
variance was taken by the Board. If. a motion is made to grant a rehearing and
such motion is adopted by three affirnative votes, the rehearing shall be scheduled
for the,next regular meeting of the Board or for a special meeting if a majority
of the Board so directs,provided that notice to adjacent property owners shall he
required the same as for the original hearing. s
Section 12. Any applicant or appellant who desires to exercise his right
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to appeal an adverse ruling by the Board to the City Council of the City of Fort
Collins, shall submit, within fourteen (14) days from the date of such adverse
.ruling, a written protest to the City Clerk of the City of Fort Collins, who shall
i
cause the matter to be placed on the agenda for a hearing either at the next
regularly scheduled meeting of the City Council if such written protest is received
by the City Clerk at least ten (10) days prior to the next regularly scheduled meet-
ing or at the next successive regularly scheduled meeting if the ten (10) day period
is not met. The City Clerk shall mail notice of the hearing to the appellant and
to adjacent property owners at least seven (7) days prior to the date set for the
hearing.
'ARTICLE V
Amendments
These rules may be amended or modified by an affirmative vote of not less
than three (3) members of the Board, provided that such amendment be presented in
rit :g at.. a re.,.xlar mutiny and such a<.:•tio-n to tak.-n thereon at- L subsecpient �arjkilac
meeting.
17
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RFSCLUTICN 78-30
CF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN AMMMM TO THE BY-LAWS AND
RULES OF PROCEDURE FOR THE Z0NING BOARD OF APPEALS
WEO;REAS, the Zoning Board of Appeals has prepared and approved an
amendment to its by-laws and rules of procedure; and
[ EMMS, said amendment would provide for a concurring vote of a
majority of Board members present to grant a variance or make an inter-
pretation of the Zoning ordinance; and
wrMWAS, the Council has received such amendment and desires to
approve the same.
NOW, Tf1ERE M, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the amendment to the by-laws and rules of procedure for the
City of Fort Collins' Zoning Board of Appeals presented to Council be, and
the same hereby is, accepted and approved.
Passed and adopted this 18.th day. of April,. A D ::19,78.:.: .._
i
r
ATTEST:
� 1Clmt�� kis no�R
Ca.ty Clerk
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PROPOSED AMENDMENT TO THE BY-LAWS
AND RULES OF PROCEDURE OF THE
ZONING BOARD OF APPEALS
CITY OF FORT COLLINS, COLORADO
IV. Variances and Appeals.
Section 10. The concurring vote of a majority of Board members
present shall be necessary to reverse any order, requirement,
decision or determination of an administrative official to grant
any variance or to make any interpretation of the zoning ordinance.
a
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RESOLUTION 79-110
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING A CHANGE IN THE BY-LAWS OF THE ZONING BOARD
OF APPEALS PROVIDING FOR A NEW MEETING TIME
WHEREAS, pursuant to the by-laws of the Zoning Board of Appeals,
meetings for said board commence at 9:30 A.M. on the second Thursday of
each month; and
WHEREAS, it is the considered opinion of the members of the Zoning
Board of Appeals that a change of the by-laws to provide for a variable
meeting time will enable the board to perform its functions more effective-
ly; and
WHEREAS, on Thursday, November 8, 1979, the Zoning Board of Appeals
voted to amend Article 2, Section 1 of its by-laws to provide for meetings i
to be conducted on the second Thursday of each month at a variable time.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the action of the Zoning Board of Appeals in amending Article
2, Section 1 of its by-laws, providing for meetings to be scheduled on the
second Thursday of each month at a variable time, is hereby approved.
Passed and adopted at a regular meeting of the Council of the City of
Fort Collins held this 4th Jday of December A.D. 1979.
Mayor
TEST r
-city Clerk
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ATTACHMENT
Air Quality Advisory Board — David Roy, Council Liaison
— Brian Woodruff, Staff Liaison
Representatives — Greg McMaster, Vice-Chair
— Dale Adamy, Boardmember
♦ Brief(1-2 minutes) board representatives introduce
themselves and present overview of board function/mission.
Present any major concerns (if any) for Council to consider.
♦ Council questions/comments (5-7 minutes) concerning the
responses on the Periodic Review Questionnaire.
♦ Brief(1-2 minutes) summary of Board or Council action
needed (if any)
Notes:
BOARDS AND COMMISSIONS
PERIODIC REVIEW QUESTIONNAIRE
DATE PREPARED: June 24,2008
BOARD NAME: Air Quality Advisory Board
LIST OF MEMBERS: Eric Levine [Chair]
Greg McMaster [vice Chair]
Dale Adamy
Kip Carrico
Dave Dietrich
Jeff Engell [resigned June 11, 2008]
Dennis Georg
Katrina Winbom
Nancy York
1. Are the current duties of the board, as defined by City Code, realistic? If not,what
duties would you suggest be added and/or deleted?
• Duties are realistic, with the following exception.
• The City Charter stipulates that the AQAB "shall coordinate its work with the
Transportation Board,Natural Resources Advisory Board and the Planning and
Zoning Board, recognizing that certain transportation and land use decisions, policies
and programs affect future air." The boards AQAB is to coordinate with, however,
do not have complementary language in their charters calling for coordination with
the AQAB. As a result, AQAB invitations to coordinate with other boards have been
declined. The remedy is to add complementary language to the other Board charters.
• The AQAB suggests the following minor revisions to the City Charter, Sec. 2-93
[AQAB Functions], in order to remove antiquated provisions:
The duties and functions of the Board shall be to advise the City Council
regarding policies, plans and programs to improve and maintain the City's air
quality. The Board may, without limitation, bienniahy-review air quality
indicators, and remininnid adj ustinerits to die Ait Quality 7ketion Plmr,—review
and recommend revisions, as needed, to the Air Quality Pohey Plan and to any
other City plans that may have significant impacts on air quality; arnl-advise the
Governor-designated lead agency for air quality planning on matters pertaining to
the Fort Collins element of the State Implementation Plan, and . The Haan}may
also-convene ad hoc citizen task groups to provide additional technical expertise
to the Board for the planning of specific action strategies.
2. Is the board's workload (annual work plan)too much; too little; about right?
Explain.
• Between "about right"and "too much," although the work plan is well managed. The
Board prioritizes its work program in order to focus on the most important issues and
keep Board-member motivation high.
• It is frustrating, however,that important air-quality-related issues sometimes detour
around the Board. Recent examples include hookah bars, Regional Transportation
2
Authority, uranium mining, ozone, green building program, Dial-a-Ride service
levels, and zoning for shopping centers on I-25.
• In addition, issues are sometimes presented to the Board too late in the process for
any recommendations to be effective or useful. Recent examples include West Nile
Virus, the Green Building program, and Building Code revisions. The Board is
interested in determining how it could have earlier notice on issues, so there is time to
weigh in on them and Council would have time to consider their input and
recommendations earlier in the process. Because any ideas that are presented at first
reading are more difficult to accommodate than those presented at a work session,
one possibility is to provide recommendations prior to work sessions, rather than wait
for first reading. To that end, the Board plans to study the six-month calendar for
applicable issues that are going to work session.
3. Does the board effectively accomplish its annual work plan?
• Although a few issues on the work plan are not fully addressed, the Board is
committed to addressing its highest priorities and is generally satisfied that it is doing
so. Board members intend to take on fewer items and take them on in a more
coherent fashion.
• Board members take opportunities to represent the AQAB on groups that go into
more depth on issues, such as the Climate Task Force and the West Nile Virus
Technical Advisory Committee.
• To Board members, however, an important aspect of"effectiveness" is whether their
advice and recommendations are on target, i.e., are they relevant and useful to the
Council. There is a perceived need to better connect with the Council, which is
further discussed as a communications issue, below.
4. Are board meetings conducted in an effective manner? What could be done to
improve board meetings?
• Board meetings are conducted effectively.
• Some Board members desire more written communication prior to presentations at
Board meetings.
5. Is the current size of the board appropriate?
• A nine-member Board is appropriate. Please note high percentage of attendance!
6. Are communications between the Board and Council effective? What could be done
to improve these communications?
• Board members do not feel their communication of written recommendations to the
Council is effective, or, if it is effective, they have no way of knowing it. Board
members desire some form of systematic closure on recommendations to Council, in
order to improve the Board's effectiveness and usefulness to the Council over time.
• The rules are understood, as per the Boards & Commissions Manual: The Council
may respond to written memorandums from the Board if Council so chooses, but
there is no obligation to respond, or even to acknowledge Board communications.
This leaves the Board not knowing whether a given recommendation has been
accepted, rejected, or even read, by the Council. It is frustrating to suspect that the
Board's recommendation has gotten lost among the many materials in the Council
weekly packet, in effect routed into a black hole.
3
• The Air Quality Advisory Board would like to discuss the following suggestions on
communication:
1) Revamp the process by which citizen advisory board input is delivered to the
Council. At a minimum, determine a way to distinguish such input from the
other materials in the Council packet.
2) Provide a regular opportunity during the staff presentation at Council
meetings for a representative of interested boards& commissions to offer
their input or recommendation to the Council. Offering their input in a public
forum would more effectively communicate each board's recommendation
and would give the Council opportunity to ask questions.
• AQAB members also intend to take the following actions to improve its
communication with the Council:
4) The Board will present its recommendations orally at Council meetings as
part of the citizen input time, unless offered the opportunity to do so as part of
the staff presentation, in addition to its usual written communication.
5) The Board will consider changing its meeting date, currently Tuesday night,
so that Council members could be available to attend certain AQAB meetings
and the AQAB would be available to present to Council.
6) Board members will increase contact with Council members to inform and
discuss issues.
7. Other comments
• AQAB members believe that more-efficiently coordinating the boards and
commissions regarding policy would improve the usefulness of their input to the
Council. For example,when staff makes presentations to several boards, the
discussion and recommendations of each board should be made available to the next
board in sequence. It would be useful if the Chairs of Boards and commissions were
given opportunity to discuss issues together, in order to better see the whole.
Attachments:
City Code description of duties
Current Work Plan
Current Annual Report
Current Bylaws
4
Air Quality Advisory Board duties,
excerpted from the City Charter
Sec.2-93. Functions.
The duties and functions of the [Air Quality Advisory]Board shall be to advise the City Council
regarding policies,plans and programs to improve and maintain the City's air quality.The Board
may, without limitation, biennially review air quality indicators and recommend adjustments to
the Air Quality Action Plan; review and recommend revisions, as needed, to the Air Quality
Policy Plan and to any other City plans that may have significant impacts on air quality; and
advise the Governor-designated lead agency for air quality planning on matters pertaining to the
Fort Collins element of the State Implementation Plan. The Board may also convene ad hoc
citizen task groups to provide additional technical expertise to the Board for the planning of
specific action strategies. 3
(Ord.No. 78, 1994, 6-7-94; Ord.No. 8, 1999, 1-19-99)
Sec. 2-94.Coordination with other boards.
The Board shall coordinate its work with the Transportation Board,Natural Resources Advisory
Board and the Planning and Zoning Board, recognizing that certain transportation and land use -
decisions,policies and programs affect future air quality.
(Ord.No. 78, 1994,6-7-94)
I
5
Air Quality Advisory Board — 2008 Work Plan
Highest priority
1. Climate and Sustainability
• Review the report of the Climate Task Force and make recommendations
regarding air quality and climate adaptation needs for Fort Collins.
• Track progress on establishing a Fort Collins trash utility.
2. Communication and Outreach
• Provide enhanced education of air quality issues(idling,wood smoke,ride-sharing,
renewable energy, energy conservation, indoor air quality).
• Review and promote a Report to Public on air quality issues(including metrics).
3. Air Quality
• Review Air Quality Plan and recommend changes
• Review the Transportation Master Plan with respect to air quality concerns and
recommend changes.
• Track development of the ozone compliance plan for the North Front Range region
and make recommendations on local actions to reduce ozone.
• Review the City's response to West Nile Virus and make recommendations on the
funding and other elements of the WNV program.
4. Mobility Management
• Select a limited number of recommendations in the 2006 Mobility Management Best -
Practices Study for further study,and prepare recommendations for Council.
• Broaden communication and collaboration with other organizations (PSD, CSU, etc.)
and other boards (T-Board, NRAB)to better understand barriers and opportunities to
a strong multi-modal transportation system.
Middle priority
• Examine data on air pollution emissions from the City's vehicle fleet and recommend
goals for improvement, including reduction of diesel emissions.
• Suggest three locations where grade-separated road crossings would be viable in Fort
Collins.
• Provide input to the development of FC MOVES, a new mobility metrics system for
Fort Collins
• Provide input on design of air quality citizen survey and review results.
• Recommend green building, sustainable design,and energy conservation practices that
would best improve air quality.
• Track the efforts to form a Regional Transportation Authority and recommend a platform
of principles that support air quality,
Lower priority
• Study and make a recommendation regarding the smoking vehicle hotline in Fort Collins
• Review and provide input to air quality marketing efforts(Track to Win,etc.).
• Evaluate regulation and enforcement of fugitive dust from construction sites.
6
Air Quality Advisory Board — 2007 Annual Report
In 2007,the air Quality Advisory Board held twelve regular meetings and hosted one public
meeting.
The Board took the following actions:
• Requested that the Fleet Manager develop an inventory of air pollution emission from the
City's fleet of vehicles, in order to prioritize City investments in cleaner vehicles.
• Sent a letter to the Colorado Department of Public Health and Environment requesting
that data from the Fort Collins air quality monitoring sites be forwarded to the
Coloradoan,to be published on its weather page.
• One Board member represented the QAB on the City's Climate Task Force.
• Held a public meeting, called the "Air Quality Report to the Public," with two major
purposes:to report to the community the state of Ft. Collins air and to gather public input
on air quality issues.
• Asked the Transportation board to a form ajoint, ad-hoc committee with the Air Quality
Advisory Board in order to advance issues the two boards have in common.
• Recommended that the City council develop and adopt an implementation plan for a City
of Fort Collins trash collection utility.
• Recommended that the City of Fort Collins reconvene the West Nile Virus Task Force,to
review the existing City policy and recommend any appropriate changes.
• Recommended priorities for the 2008-09 City budget.
• Recommended that the City Council adopt the revised Fort Collins Bicycle Plan and
work to develop a comprehensive community bicycle plan in 2008.
/n addition, the Board received information and updates and discussed the following
programs and issues:
• Mobility Management/Transportation Demand Management/VMT reduction
• Fort Collins Air Quality Plan
• Compliance with national Ozone standards
• City Council Legislative Agenda
• State Mercury ruling
• FC MOVES,a proposed revision of the City's transportation indicators
• Radon Awareness Month
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7
Bylaws of the Air Quality Advisory Board
ARTICLE I Name and Organization
The Board was created by the Council of the City of Fort Collins and named the Air
Quality Advisory Board.
ARTICLE II Purpose and Functions
Section 1. The purpose of this board is to advise the Council of the City of Fort Collins,
Colorado. Its functions include,without limitation:
a. To advise the Council on matters pertaining to policies,plans,and programs
to maintain and/or improve the City's air quality.
b. To review air quality indicators and recommend adjustments to the Air
Quality Action Plan at least every two years.
C. To review and recommend revision of the Air Quality Policy Plan, and
review and recommend revisions to other City plans that may have
significant impacts on air quality,as needed.
d. To advise the Govemor-designated lead agency for air quality planning on
matters pertaining to the Fort Collins element of the State Implementation
Plan.
e. The board shall coordinate its work with the Transportation Board and the
Planning and Zoning Board,recognizing that certain transportation and land
use decisions,policies,and programs affect future air quality.
f To promote citizen participation and public education on citywide air quality
issues.
g. To perform such other duties and functions and have such other powers as
provided by the Council.
h. To convene ad-hoc citizen task groups to provide additional technical
expertise to the Board for the planning of specific action strategies.
ARTICLE III Board Composition
Section 1. The membership of the Board consists of nine members, and each member shall
have one vote.
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Section 2. Each member shall serve without compensation for a term of four(4)years, unless a
member's Council appointment specifies a shorter term. Each member shall be
subject to removal by the City Council. If a vacancy occurs on the board, it shall be
filled by the City Council for the remaining unexpired portion of the term. No
member shall serve more than two(2)consecutive four-year terms.
Section 3. Each year in April or May the Board shall elect from among its members a chair and
a vice-chair, who shall serve one-year terms. There shall be no limitation on the
number of terms the chair or vice-chair may serve.
Section 4. Election of the chair and vice-chair shall be by simple majority of the members
present at a regularly scheduled meeting of the Board.
Section 5. In the event that the chair does not serve his/her entire term, the vice-chair shall
serve until a new chair is elected or until the term is completed. In the event that the
vice-chair does not serve his/her entire term, a new vice-chair shall be elected to
serve the remainder of the term.
Section 6. The Natural Resources Department staff and the City Attorney shall be support staff
to the Board.
ARTICLE IV Rules of Operation
Section 1. The Board shall be guided in its operations by these bylaws,as may be from time-to-
time amended. A current copy of the bylaws shall be filed with the City Clerk,and
they are subject to the approval of the City Council.
Section 2. Decisions are to be reached by consensus,except that Roberts Rules of Order, latest
edition, shall govern the procedures of the Board whenever any member requests it
for any portion of any meeting.
Section 3. The Board shall operate according to the Boards and Commissions Manual issued
by the City Clerk's office.
Section 4. A quorum shall consist of five members present at a regular or special meeting of
the Board. A meeting may be held without a quorum, but any decisions reached at
such a meeting shall be subject to approval by a majority of the Board's members.
9
Section 5. A standard agenda shall be used, incorporating the elements below. The order of
agenda items is at the discretion of the chair.
Convene,call the roll,and approve the minutes
Review action log from previous meeting i
Committee reports
Staff reports
Unfinished business
New business
Clear"bike rack"update action log
Draft next agenda
Announcements
Adjourn
Section 6. The agenda shall include a realistic time limit for each agenda item. The chair shall
take the lead to keep the meeting on schedule. The meeting end time may be
extended with the consent of the majority.
Section 7. To assure adequate time for review, the Board will generally take action on only
those items that have been included in the pre-meeting mail out. The mail-out
materials shall frame the discussion of such items and what action is expected by the
Board.
Section 8. The Board will use a "bicycle rack' to store miscellaneous comments or ideas that
arise during a meeting and will decide how to handle them following completion of
the agenda.
ARTICLE V Meetines
Section 1. The Board shall hold a regular meeting at least monthly, at a time and place agreed
by its members. Special meetings of the Board may be called at the discretion of the
chair.
Section 2. Notice of all meetings shall be posted and distributed in accordance with City policy
and applicable law.
Section 3. The meeting agenda with a time limit for each item shall be prepared by staff in
consultation with the chair. Agenda items may be suggested to the chair or staff
liaison at any time.
Section 4. An agenda and related papers should be delivered to each Board member at least
seven days prior to each regular Board meeting. Agenda and materials for special
meetings should be delivered to each Board member at the earliest possible date.
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Section 5. The Board may hold work sessions as needed for information gathering purposes +
only. A quorum need not be present at work sessions; neither will minutes be taken
at work sessions. Notice of work sessions will be posted according to City policy
and applicable law,
ARTICLE VI General Responsibilities
Section 1. The Air Quality Advisory Board is advisory to the City Council. It does not
function in a policy-setting or decision-making role except to the extent authorized
by the City Council.
Section 2. The Council-established attendance policy states that, by accepting appointment,
Board members demonstrate their intention and ability to attend meetings. If a
member experiences recurring attendance problems, the chair or vice chair should
contact the City Clerk's office so that it can work with the Council liaison to address
the issue. Either of the following shall automatically cause a member's appointment
to be terminated, and shall create a vacancy on the Board: (a) three consecutive
absences from regularly scheduled meetings, or (b) four absences from regularly
scheduled meetings in any calendar year, if, prior to the meetings where absences
occurred,no written notification of any such absence has been submitted to the staff
liaison, the chair,or the vice chair. In the event that a vacancy occurs by reason of
this policy, the staff liaison and the chair or vice chair shall immediately notify the _
City Clerk's Office,so that the vacancy can be filled by the Council.
Section 3. In the event a member wishes to resign from the Board, that member shall send a
letter of resignation to the City Council with a copy to the Natural Resources
Department.
Section 4. The Board is to be proactive in pursuing its mission,and each member is responsible
for fostering this proactive approach.
Section 5. Members and staff are accountable for assignments they agree to accept. An action
log shall be maintained and updated each month and included in the minutes.
Section 6. Members are encouraged to publicize their affiliation and activities with the Board.
When making a public statement, especially to the news media, members may
identify themselves as Board members and state that their views and opinions are
not necessarily those of the Board, unless those views and opinions are previously
approved by a majority of the Board.
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ARTICLE VII Duties of Officers and Staff Secretary
Section 1. The chair shall:
a. Preside over all meetings of the Board
b. Assure that Article IV (rules of operation) and City Policy are adhered to at
all meetings.
C. Consult with the staff liaison on agenda preparation.
d. Appoint committees as provided for by Article XI of these bylaws and
appoint such other committees, as he/she deems necessary to carry out the
functions of the Board.
e. Serve as principal liaison to City Council or appoint another qualified person
to serve in this capacity.
Section 2. The vice-chair shall:
a. Assume the duties of the chair in his/her absence.
b. Carry out other duties as assigned by the chair.
Section 3. The staff secretary shall:
a. Keep the minutes of each meeting and retain them in a permanent file. The
minutes shall show how each member voted on any motion that is not
decided unanimously.
b. Maintain permanent files in the offices of the Natural Resources Department.
A copy of such files will also be maintained by the City Clerk.
C. Be custodian of all records of membership.
d. Transmit reports as required by the chair.
e. Transmit minutes and notices of meeting to all members of the Board.
ARTICLE VIII Public Participation
Section 1. All meetings of the Air Quality Advisory Board shall be public meetings open to the
public at all times according to City policy and applicable law.
Section 2. The Board shall consider the need for public participation and input in all Board
processes.
ARTICLE IX Relations with the City Council
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Section 1. Minutes of all meetings of the Board shall be distributed to the City Manager, City !i
Clerk,and Council members according to City guidelines.
Section 2. The Board will communicate its recommendations directly to City Council '
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ARTICLE X Goals and Objectives and Evaluation of Accomplishments
Section 1. On or before January 31 of each year, the Board shall file a report with the City
Clerk setting forth the Board's activities and an evaluation of the Board's
accomplishments during the previous year. On or before November 30 of each year,
the Board shall file a work plan with the City Clerk for the following year.
ARTICLE XI Committees
Section 1. The Board shall organize itself into committees as needed.
Section 2. Each committee shall report its findings and recommendations to the Board.
ARTICLE XII Amendments
Section 1. These by-laws may be amended in any of the following ways: (a) by a two-thirds
vote of members attending, (b) by a majority vote of members attending, provided
that notice of intent to move an amendment, together with the substance of the
amendment, has been given at the previous meeting or in the call of the present
meeting,or(c)by a vote of a majority of the entire membership.
Section 2. To the extent permitted by law, any of the foregoing by-laws may be temporarily
suspended, for a specified period of time, by a unanimous vote of all members
present at any meeting, and the vote on such suspension shall be taken by yeas and
nays and entered in the official record.
ADOPTED: February 27, 1995
REVISED: January 2.2001
13
ATTACHMENT
Community Development —Ben Manvel, Council Liaison
Block Grant Commission — Ken Waido, Staff Liaison
Representatives —Bob Browning, Chair
— Eric Bergland,Vice-Chair
♦ Brief(1-2 minutes) board representatives introduce
themselves and present overview of board function/mission.
Present any major concerns (if any) for Council to consider.
♦ Council questions/comments (5-7 minutes) concerning the
responses on the Periodic Review Questionnaire.
♦ Brief(1-2 minutes) summary of Board or Council action
needed (if any)
Notes:
BOARDS AND COMNIISSIONS
PERIODIC REVIEW QUESTIONNAIRE
DATE PREPARED: June 20, 2008
BOARD/COMMISSION NAME: Community Development Block Grant Commission
LIST OF MEMBERS: Bob Browning, Chair
Eric Berglund,Vice-Chair
David Can
Catherine Costlow
Michael Kulisheck
Phil Majenis
Kay Rios
Jeff Taylor
Jennifer Wagner
1. Are the current duties of the board, as defined by City Code,realistic? If not,what
duties would you suggest be added and/or deleted?
The current duties of the Community Development Block Grant (CDBG) Commission, as
defined by the City Code, are outdated as the Code only refers to the Commission's involvement
with the CDBG Program, The Commission is also involved with another Department of
Housing and Urban Development(HUD) grant, the Home Investment Partnerships (HOME)
Program, and two City General Fund Programs,the Affordable Housing Fund and the Human
Services Program. These other programs should be added into the Code.
2. Is the board's workload(annual work plan)too much; too little; about right?
Explain.
When the City Council approved the competitive process for distributing financial assistance to
affordable housing projects and community development activities in 2000 and established the
two funding cycles,the work load of the CDBG Commission essentially doubled from what it
had been. The workload is heavy during the funding cycles for both the Commission and City
staff and doubles the costs of some expenses such as advertising for proposals,publication of
public notices, etc. Currently, funds from the CDBG and Human Services Programs are allocated
in the spring and funds from the Affordable Housing Fund and the HOME Program are allocated
in the fall.
One of the reasons for two finding cycles was to have funds available throughout the year so
recipients of funds in the affordable housing category could receive City financial commitments
to help with applications to leverage funds from other sources, such as the Low Income Housing
Tax Credit Program, State Division of Housing Grants, and Federal Home Loan Bank Programs
that had different application deadlines throughout the year.
2
Essentially, applicants for funds in the public services category only have one funding cycle per
year as eligible CDBG funds and funds from the City's Human Services Program are only
allocated during the spring cycle of the competitive process,
The Commission has discussed returning to only one cycle for all sources of funds and would
like to investigate the option in greater detail before forwarding a recommendation to the City
Council. The Commission will involve current agencies and their opinions regarding the
pros/cons of returning to one cycle or maintaining the current two funding cycles.
3. Does the board effectively accomplish its annual work plan?
The Commission's work plan consists mainly of reviewing proposals for funding through the
competitive process and formulating recommendations to the City Council. The Commission
believes its work plan is effectively accomplished.
4. Are board meetings conducted in an effective manner? What could be done to
improve board meetings?
Yes, Commission meetings are conducted in an efficient manner,no changes are deemed
necessary.
5. Is the current size of the board appropriate?
The Commission currently has nine(9)members and the size seems appropriate to insure a
variety of perspectives and opinions on the multitude of community development and affordable
housing issues that confront the Commission.
6. Are communications between the board and Council effective? What could be done
to improve these communications?
Normally, communications between the Commission and Council are effective through the
competitive process as it has evolved over the years. The Commission understands its role to
provide funding recommendations to the Council and that the final authority on funding
allocations rests with the Council. However, the study sessions that were typically held prior to
the Council conducting their public hearings and making final funding allocations has fallen into
an"only if needed"basis. The Commission believes it misses a key opportunity to provide their
justifications for their funding recommendations in a positive manner to the Council outside of
the public hearings where the Commission is put more into a defensive mode and where the
format is not conducive to thoughtful dialogue or foresighted changes to final allocation
decisions.
7. Other comments:
None
3
Administration-Boards and Commissions Div.10 Women's Commission-12.169
I ec.2-169. Officers;bylaws. (b Each member shall serve without compensation
for a t of four(4)years,except that members may be
The Commission shall elect annually from its mem- appointe y the City Council for a shorter term in order
be ip 'a chairperson and such officers as may be re- to achieve o rlapping tenure. Appointments shall spec-
quir . Bylaws may be adopted by the Commission, ify the term o office of each individual. All members
which laws shall not be inconsistent with the Charter, shall be subject o removal by the City Council. If a
the Cod or other policies that may be established by the vacancy occurs on a Commission, it shall be filled by
City Cbu il. A copy of the bylaws shall be filed with the City Council for a remaining unexpired portion of
the City CI for the use of the City'Council immedi- the term. No member hall serve more than two (2)
ately after a tion by the Commission, and the same consecutive terms. For th purposes of this provision, a
may be subject the approval of the City Council. "term" shall include the b ce of an unexpired term
(Ord. No. 158, 1 6, §7, 11-4-86; Ord. No. 104, 2002, served by a person appointe o fill a vacancy if such
§2,8-20-02j unexpired term exceeds twenty- r(24)months.
Sec.2-170. Minutes; tmual report;work plan (Ord. 98, 1990, § 3, 9-4-90; Ord. 92, 1992, §6, 9-
15-92; Ord. No. 42, 1995, 5-2-95; No. 93, 2002,
The Commission shall a and file minutes in actor- § 1,7-16-02;Ord.No.94,2006,7-18
dance with the requiremen f§2-73 of the Code. On Sec.2-183. Functions.
or before January 31 of each y r,the Commission shall
file a report with the City Clerk '[ling forth the activi- The duties and functions of the Commission"shall be:
ties of the Commission for the vious year. On or
before November 30 of each year,th ommission shall (1) To advise the City Council on matters pertaining
file a work plan with the City Clerk the following to the Department of Housing and Urban Devel-
year. opment's Community Development Block Grant
(Ord. No. 158, 1986, §7, 11.4-86; Ord. No. 79, 1988, (CDBG)Program;
§ 5,6*ii8;Ord. No.92, 1992,§5,9-15-92)
(2) To promote the CDBG Program within.the City
i Sees.2-171-2-180. Reserved, with special attention to the three (3) low- and
moderate-income neighborhood strategy areas of
DIVISION 11.COMMUNITY DEVELOPMENT Holy Family, Laurel School, and Buckingham,
BLOCK GRANT COMMISSION* Alta Vista and Andersonville(B.A.V.A.);
Sec.2-181. Creation. (3) To assess the community development needs of
There shall be and is hereby created a Community low- and moderate-income individuals and fami-
Development Block Grant Commission, hereafter re- lies and suggest programs to meet those needs;
fetred to in this Division as the"Commission."
(Ord.No,98, 1990,§3,9-4-90) (4) To provide recommendations to the City Council
concerning the expenditure of CDBG funds re-
Sec.2-182. Mem ship;term. ceived from the Department of Housing and Ur-
ban Development;
(a) The Commissio hall consist of nine (9) mem-
bers appointed by the City Ikuncil,including persons of (5) To perform such other duties and functions and
low and moderate income wh residents of slum and have such other powers as may be provided by
blight areas and/or are residents bfthe low- and moder- ordinance of the City Council.
ate-income neighborhood strategy al,4s that have been (Ord.No.98, 1990, §3,9-4-90)
identified by the City. Sec.2.1. Officers;bylaws.
The Commis ' n shall elect annually from its mem-
bership a chairpers and such officers as may be re
ad
• Editor's note Div. 11. §§2-181-2-I85, was added by q 3 of Ord. quired. Bylaws may opted by the Commission,
No.98, 1990,adopted Sept.4, 1990.Former Div. I has been renum-
bercd Div. 10,§2-166 a seq.
Crosa-references-Onice of Cultural,Library and Rwreational Services,
§2-511:cultural services and faciiilies fund, §8-76;landmark preserva-
don,Ch. 14;the Fort Collins Museum,§23-186.
2-21
Supp.No.79
4
COMMUNITY DEVELOPMENT BLOCK GRANT COMMISSION
2008 WORK PLAN
The Community Development Block Grant(CDBG) Commission is responsible for: overseeing both
current cycles of the Competitive Process for the funding of affordable housing and community
development projects and programs;reviewing related activities; and making funding
recommendations to City Council. The following items are included in the CDBG Commission's
2008 Work Plan:
1. Competitive Funding Process: Program Development
The CDBG Commission will continue to work to improve the Competitive Process for
CDBG, HOME Investment Partnership Program (HOME), Affordable Housing Fund
(AHF), and Human Services Program(HSP) funds. The work program involves a review
of processes for application selection, solicitation of proposals, funding criteria
recommendations and the final selection of applications and recommendations for
funding to City Council. The enhancement of the Process is an ongoing goal, and is
usually made in direct response to applicant feedback and regulatory changes.
The Commission will also, if needed,review financial management of program funds,so
that program viability can be enhanced, and the City can be assured of the best return on
its investment dollars(e.g., loans vs. grants, when possible).
The Commission will also work with staff to pursue a change to the Commission's name
and corresponding legal documents to more appropriately reflect its funding
recommendation purview over several funding streams, -- currently two federal (CDBG
and HOME) and two local(Affordable Housing Fund and Human Services Program).
2. CDBG FY 2007-2008: Program Development
CDBG Program Development involves the continuation of the federally funded grant
program for activities such as acquisition,public facilities, public services, affordable
housing, and planning. The process includes a review and update of the processes for
application selection, solicitation of proposals, criteria for funding, and funding
recommendation.
3. HOME FY 2007-2008: Program Development
HOME Program Development involves the continuation of the federally funded grant
program for affordable housing and will include review of the processes for application
selection, solicitation of proposals, criteria for funding, and funding selection.
4. Human Services Program FY2008: Program Development
5
City of Fort Collins
CDBG Commission:2007 Work Plan
Human Services Program Development includes the continuation of the locally funded
grant program(from the City's General Fund),highlighting human services needs within
the community. The process includes a review of the application selection process,
solicitation of proposals, criteria for funding,and funding selection. The Commission
may also review impacts to HSP funding in the face of municipal budgetary challenges.
2
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CDBG COMMISSION ANNUAL REPORT: 2007
The Community Development Block Grant(CDBG)Commission held five regular meetings,six
Competitive Process-related meetings, and two public hearings during 2007. There were no
work sessions with Council. The public hearings were held to solicit comments on the
community development and affordable housing needs of the city. These comments were used
to guide decisions concerning the allocation of CDBG,HOME and the City's Affordable
Housing Fund(AHF) and Human Services Program(HSP)monies during the next program year.
The regular meetings were held to review the Spring and Fall Competitive Process applications
for community development and affordable housing proposals, and to monitor progress of the
CDBG and HOME Programs, as well as the use of AHF and HSP dollars.
The Commission provided recommendations to City Council members concerning the
expenditure of the City's FY 2007-2008 CDBG grant allocation of$1,034,986, the FY 2007-
2008 HOME funding allocation of$640,931,as well as the City's AHF and HSP monies.
Program Income and miscellaneous carryover revenue are included in the funding amounts listed
below.
Spring Cycle Funding Totals Fall Cycle FundingTotals
otals
CDBG: $ 778,507 CDBG: $ 300,537
HOME: $ 64,000 HOME: $ 250,000
HSP: $ 335,000 AHF: $ 0
Not all proposals submitted for each cycle were funded. In some categories, the dollar amount
requested exceeded eligible funds available. Due to a variety of factors,the following funding is
being carried over to the Spring 2008 Competitive Process Cycle: $374,320 CDBG,$669,617
HOME, and$216,000 AHF. Included in the projects and programs funded were:
♦ B.A.S.E. Camp: Sliding Scale Fee Tuition Assistance
♦ Catholic Charities Northern: Shelter and Supportive Services
♦ City of Fort Collins: CDBG Program Administration
♦ City of Fort Collins: HOME Program Administration
♦ City of Fort Collins: Home Buyer Assistance Program
♦ City of Fort Collins/Crossroads Safehouse: Facility Safety Rehab
♦ City of Fort Collins/Foothills Gateway: 400 Wood St. -Backyard Safety Improvements
♦ City of Fort Collins/RiverSong Waldorf School: 906 E. Stuart—Energy Efficiency Upgrades
♦ Crossroads: Advocacy Program
♦ Disabled Resource Services: Access to Independence Program
♦ Education&Life Training Center: Education&Job Skills Training
♦ Elderhaus: Therapy Center Programs
♦ Food Bank for Larimer County: Kids Ca£6 Program
♦ Fort Collins Housing Authority: First Step Rental Assistance Program
♦ Fort Collins Housing Corporation: 366 E. Mountain Avenue Rehab
♦ Habitat for Humanity: Land Acquisition—Lots at Sidehill
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CDBG Commission Annual Report:2007
Page 2
♦ Homeless Prevention Initiative (BPI)Emergency Rent Assistance
♦ Neighbor to Neighbor: Energy Conservation Rehab—Ponderosa, Clearview, Crabtree
♦ Neighbor to Neighbor: Parking Lot Repairs and Improvements- Coachlight
♦ Neighbor to Neighbor: Housing Counseling
♦ Neighbor to Neighbor: Emergency Rent Assistance
♦ Northern Colorado AIDS Project(NCAP): Case Management&Homelessness Prevention
♦ Project Self Sufficiency(PSS): Staff Support
♦ Respite Care: Sliding Scale Fee Tuition Assistance
♦ RVNA:Home Health Care Scholarship Assistance
♦ Springfield Court Early Learning Center: Sliding Scale Fee Tuition Assistance
♦ United Day Care Center: Sliding Scale Fee Tuition Assistance
♦ Volunteers of America(VOA): Meal Program
♦ Women's Resource Center: Dental Assistance Program
8
BY-LAWS OF THE CITY OF FORT COLLINS
COMMUNITY DEVELOPMENT BLOCK GRANT COMMISSION
ARTICLE I—NAME
The official title of this Commission shall be the Community Development Block Grant
Commission of the City of Fort Collins, Colorado.
ARTICLE II—PURPOSE AND OBJECTIVES
The duties and functions of the Commission shall be:
1. To advise the City Council on matters pertaining to the Department of Housing and Urban
Development's Community Development Block Grant (CDBG) and the Home Investment
Partnerships(HOME)Programs, and the City's Affordable Housing Fund;
2. To promote the affordable housing and community development activities within the city
with special attention to the neighborhoods containing concentrations of low and moderate
income individuals and families;
3. To assess the affordable housing and community development needs of low- and moderate-
income individuals and families and suggest programs to meet those needs;
4. To provide recommendations to the City Council concerning the expenditure of CDBG and
HOME funds received from the Department of Housing and Urban Development, as well as
the City's Affordable Housing Fund;
5. To perform such other duties and functions and have such other powers as may be provided
by ordinance of the City Council.
ARTICLE III—COMMISSION MEMBERSHIP
1. The Commission shall consist of eleven (11) members appointed by the City Council,
including persons of low and moderate income who are residents of slum and blight areas
and/or are residents of the low- and moderate-income neighborhoods that have been
identified by the city.
2. Each member shall serve without compensation for a term of four (4) years, except that
members may be appointed by the City Council for a shorter term in order to achieve
overlapping tenure. Appointments shall specify the term of office of each individual. All
members shall be subject to removal by the City Council. If a vacancy occurs on the
Commission, it shall be filled by the City Council for the remaining unexpired portion of
the term. No member shall serve more than two (2) consecutive terms. For the purposes of
9
this provision, a "term" shall include the balance of an unexpired term served by a person
appointed to fill a vacancy if such unexpired term exceeds twenty-four(24)months.
ARTICLE IV—OFFICERS
1. At the first regular meeting in each year (January), a Chair and Vice-Chair shall be elected
by majority vote of the Commission.
2. The Chair shall preside at all meetings of the Commission. In the event of the absence or
disability of the Chairperson,the Vice-Chair shall preside.
3. A vacancy in the office of Chair shall be filled automatically by the Vice-Chair, and a new
Vice-Chair shall be elected at the next regular meeting of the Commission from among the
regular members. A vacancy in the office of Vice-Chair shall be filled at the next regular
meeting of the Commission by election from among the regular members. The officers so
elected shall serve until the next January meeting.
4. The Chair, subject to these bylaws and rules of procedure, shall decide all points of order or
procedure, unless otherwise directed by a majority of the Commission in session at that
time.
5. The Secretary of the Commission shall be the Chief Planner, Advance Planning
Department, who shall be a non-voting member of the Commission. The Secretary shall
keep or cause to be kept the minutes of each Commission meeting, shall conduct all official
correspondence and generally supervise the clerical and technical work of the Commission.
ARTICLE V—MEETINGS
1. Regular meetings of the Commission shall be held on the second Thursday of each month at
6:30 pan.
2. Special meetings may be called by the Chair of the Commission at such other times as the
Chair or the Commission may determine to be admissible, provided that written notice or
notice by telephone of such meeting and of the subject matter of such meeting be given to
each Commission member at least twenty-four (24) hours prior to the time set for such
meeting; provided further that notice of any such meeting be filed with the City Clerk
twenty-four (24) hours before the time of such meeting. Any Commission member may
sign a waiver of notice which waiver shall then be in lieu of any other notice requirement. A
Commission member attending any meeting shall be deemed to receive the necessary notice
of such meeting.
3. All meetings of the Commission shall be held in a designated conference room in a City
facility or after proper notice as set forth in Section 2.
10
4. All meetings shall be open to the public. The first item on the agenda shall be noted for
Open Public Discussion and shall allow a ten-minute time slot for public input. Persons
wanting to address the Commission may also do so by obtaining agenda item approval by
both the Chair and the Secretary of the Commission not less than fourteen (14) days before
the next regularly scheduled meeting. Guests may also address the Commission at other
times by Commission invitation.
5. A quorum of the Commission shall consist of a majority of the total number of members
specified by the City Code to comprise the Commission. No official action may be taken
by the Commission unless a quorum is present. However, if a quorum is not present, the
meeting may still be conducted for the purposes of status reporting and discussion of items.
6. The order of business for all meetings shall be the order as it appears in the agenda except
that the Chair may, under special circumstances, rearrange the order of business unless
otherwise directed by a majority of the Commission.
7. Any Commission member who has a personal interest in any matter before the Commission
shall disqualify himself or herself from any such consideration or discussion of or voting
upon such matter. Any such disqualification shall be noted in the official Minutes of the
meeting.
ARTICLE VI—AMENDMENTS TO BY-LAWS
These rules may be amended or modified by a majority vote of the Commission, provided that
such amendments be presented in writing and such action be taken thereon at a subsequent
regular meeting, subject to the approval of the City Council.
Revised and approved 1/13/2005
11
ATTACHMENT
Landmark Preservation Commission — David Roy, Council Liaison
—Joe Frank, Staff Liaison
Representatives — Earen Russell, Chair
— Ian Shuff, Vice Chair
♦ Brief(1-2 minutes) board representatives introduce
themselves and present overview of board function/mission.
Present any major concerns (if any) for Council to consider.
♦ Council questions/comments (5-7 minutes) concerning the
responses on the Periodic Review Questionnaire.
♦ Brief(1-2 minutes) summary of Board or Council action
needed (if any)
Notes:
RETURN COMPLETED QUESTIONNAIRE TO CITY CLERK BY: FRIDAY,JUNE 27,2008
BOARDS AND COMMISSIONS
PERIODIC REVIEW QUESTIONNAIRE
DATE PREPARED: June 26,2008
BOARD/COMMISSION NAME: Landmark Preservation Commission
LIST OF MEMBERS: Earen Russell, Chair
Ian Shuff, Vice-Chair
John Albright
Allan Ballou
W. J. Frick
Terence Hoaglund
(Vacant)
1. Are the current duties of the board, as defined by City Code, realistic? If not, what
duties would you suggest be added and/or deleted?
The Landmark Preservation Commission requests adding complimentary design review
to the functions of the Commission described in Chapter 2, Article 3 of the Municipal Code.
Beginning in the early 1990s, the Commission formed a Design Review Subcommittee,
consisting of members with professional design expertise. The Design Review Subcommittee
held informal, conceptual meetings with interested applicants, in order to assist citizens with the
review process and to provide complimentary professional design assistance and advice. The
subcommittee was not empowered to make formal decisions, and the meetings were not
required. Instead, owners of significant structures proposing historically inappropriate
alterations or additions were encouraged to take advantage of this free service. The goal was to
identify design alternatives which met the owner's needs while still preserving the owners'
ability to qualify for financial incentives for historic preservation.
The key to the program's success was the ability to contact owners early in the process,
before they were too far along in the development of their plans. The results were impressive:
about 85% of owners incorporated the subcommittee's suggestions. More significantly, once
property owners realized that they could still qualify for designation with a sensitively designed
alteration or addition, many chose to also designate their properties as Fort Collins Landmarks.
In 2004, upon advice from the City Attorney's Office,the Design Review Subcommittee
meetings were discontinued. As these meetings were not a recognized function of the
Commission, members were taking on the possibility of personal liability. The Attorney's
Office recommended that if the Commission wished to continue these meetings, that this
function be added to the Commission's duties described in Chapter 2, Article 3 of the Municipal
Code.
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2. Is the board's workload (annual work plan) too much; too little; about right?
Explain.
The Commission believes that its work load is appropriate.
3. Does the board effectively accomplish its annual work plan?
The Commission's annual work plan includes the administration of the City's Zero-
Interest Loans for Rehabilitation program. However, due to significant increases in the costs of
construction labor and materials, compounded by a decrease in funding, the Commission is
hampered in its ability to enhance the effectiveness of this very popular program. The
Commission is asking for an increase in the amount of General Fund money this program
receives, to $50,000, from its current $25,000. With this increase, the Commission could
significantly increase the number of properties benefitting from this program each year,
encourage more owners to take advantage of this program by being able to offer more than a
modest $5,000 in funds, and, at the current ratio of 8.5 private dollars to every 1 public dollar,
leverage the $25,000 increase into an additional $212,500 in funds reinvested in our community.
Since 1995, the Landmark Rehabilitation Loan Program has awarded over$325,000 in
loan/grant funds leveraging private matching funds of over$2.78 million, to result in the
completion of$3.10 million dollars worth of rehabilitation work in Fort Collins. As noted
above, the ratio of private dollars to public funds is an impressive 8.5 to 1. Additionally, the
program is directly responsible for the Local Landmark designation of at least 102 structures (out
of 158 total new designations) between 1995 and 2008.
The Landmark Rehabilitation Loan Program is intended to encourage designation of
significant properties and to improve the quality of historic buildings and structures. The
program provides zero-interest loans for rehabilitation work on residential and commercial
properties Locally Landmarked in Fort Collins. Currently owners of Landmarked properties can
apply for up to $5,000 annually for rehabilitation and restoration of exterior features, including
foundation stabilization, masonry repairs, roof and siding repairs, and other elements. The
program operates as a revolving fund - as rehabilitated historic properties are sold, loan money is
repaid to the City and the loan funds can be made available for additional projects.
4. Are board meetings conducted in an effective manner? What could be done to
improve board meetings?
Board meetings are conducted in an effective manner. Since the City of Fort Collins is a
Certified Local Government, the Commission is evaluated periodically by the State Historic
Preservation Office. Such an evaluation took place on May 14, of this year and the Commission
received positive comments.
5. Is the current size of the board appropriate?
Yes.
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6. Are communications between the board and Council effective? What could be done
to improve these communications?
There are a number of timely historic preservation-related issues that are of interest to the
Council, the Landmark Preservation Commission and the community. These include the overlap
of preservation and sustainable (or "green") goals and methods, and the increase in "pop ups"
and "scrape offs" in neighborhoods with historic buildings. Communications between the
Commission and the Council to address these, and other, issues could be improved. The
Commission recommends the following actions to improve communications:
• Historic preservation planning staff and Commission members can work together to
publish a quarterly newsletter for Council members highlighting the activities of the
Commission and historic preservation staff. This document could have further public
outreach uses.
• Attendance of Council members at Commission meetings. This could include all
Council members, not only the Council liaison.
7. Other comments:
Historic preservation plays an important role in the economic and cultural health of the
City of Fort Collins. This is evident in the continuing popularity and success of Old Town
Square, the entire downtown area, and the older residential neighborhoods of Fort Collins. The
Landmark Preservation Commission is committed to working with City Council and Fort Collins
residents to protect the historic resources of the community.
Attachments:
City Code description of duties
Current Work Plan
Current Annual Report
Current Bylaws
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ARTICLE III. BOARDS AND COMMISSIONS
DIVISION 19. LANDMARK PRESERVATION COMMISSION
c.2.278. Creation.
Ther hall be and is hereby created a Landmark Preservation Commission, hereafter
referre in this Division as the"Commission."
(Ord. No. 15 1986, § 12, 11.4-86)
Sec. 2-277. Mem rship; term.
(a)The Commissions I consist of seven (7) members appointed by the City Council.
In making appointments t he Commission, the City Council shall give due
consideration to maintaining balance of interests and skills in the composition of the
Commission and to the individ qualifications of the candidates including but not
limited to their training, experienc knowledge or interest in any one (1)or more of the
fields of architecture, landscape arc ' ecture, architectural history, structural engineering,
general contracting, urban planning, m age lending and commerce.
(b) Each member shall serve without comp allon for a term of four(4)years, except
that members maybe appointed by the City C roil for a shorter term in order to
achieve overlapping tenure. Appointments shall ecify the term of office of each
individual. All members shall be subject to remove the City Council. If a vacancy
occurs on the Commission, it shall be filled by the Cl uncil for the remaining
unexpired portion of the term. No member shall serve than two (2) consecutive
terms.For the purposes of this provision, a 'term" shall In de the balance of an
unexpired term served by a person appointed to fill a vacenc if such unexpired term
exceeds twenty-four(24) months.
(Ord. No. 158, 1986, § 12, 11-4-86; Ord. No. 92. 1992, § 12, 9-15-9 Ord. No. 93, 2002,
§ 1, 7-16-02)
Sec. 2.278. Functions.
(a)The Commission shall perform all duties relating to preservation of historic landmarks
as set out in Chapter 14, including the designation of sites, structures, objects or districts
as landmarks and the review and approval or rejection of plans for the construction,
alteration, demolition or relocation of any such site, structure, object or district. Decisions
of the Commission are final unless appealed to the City Council
(b)The Commission shall also perform the following additional functions:
(1) Promoting awareness and understanding of, and appreciation for, the value of
historic resource preservation in contributing to the quality of life in the City,
and actively encouraging property owners to voluntarily designate their
properties as historic landmarks;
j
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x
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(2) Advising the City Council and City staff with regard to the identification and
evaluation of historic resources within the Growth Management Area and
providing information regarding the significance of the resources, the nature
and degree of threat to their preservation, and methods for their protection;
(3)Advising the City Council and City staff with regard to appropriate policies,
incentives and regulations for encouraging and/or requiring preservation and
rehabilitation of historic resources;
(4) Coordinating with the various other City boards, commissions and City staff
members whose actions may affect the preservation of historic resources in
the community; and
(5) Performing such other duties and functions as may be provided by the City
Council by ordinance or resolution.
(c) In order to better perform the foregoing functions and to coordinate the activities of
the Commission with similar activities of other public and private agencies, members of
the Commission may be appointed, by majority vote of the Commission, to serve as City
representatives on the board of directors of the Historic Fort Collins Development
Corporation, the Poudre Landmark Foundation or such other privately funded nonprofit
corporations as the Commission may approve that are organized for the primary
purpose of furthering the preservation of the community's historic resources. .
(Ord. No. 158, 1986, § 12, 11-4-86; Ord. No. 78, 1988, § 3, 6-7-88; Ord. No. 66, 1995, 6-
20-95; Ord. No. 24, 2005, § 3, 3-1-05)
Sec. -279. Officers; bylaws.
The Com *salon shall elect annually from its membership a chairperson and such
officers as y be required. Bylaws may be adopted by the Commission, which bylaws
shall not be in nsistent with the Charter, the Code or other policies that maybe
established by th City Council. A copy of the bylaws shall be filed with the City Clerk for
the use of the City uncil immediately after adoption by the Commission, and the same
may be subject to the prove[ of the City Council.
(Ord. No. 158, 1986, § 12, 1-4-86; Ord. No. 104, 2002, § 2, 8-20-02)
Sec. 2.280. Minutes; annual r ort; work plan.
The Commission shall take and file utes In accordance with the requirements of§2-
73 of the Code. On or before January 3 f each year, the Commission shall file a report
with the City Clerk setting forth the activitie of the Commission for the previous year. On
or before November 30 of each year, the Cc fission shall file a work plan with the City
Clerk for the following year.
(Ord.No. 158, 1986, § 12, 11-4-86; Ord.No. 79, 198 § 11, 6-7-88; Ord.No.92, 1992,
§ 12, 9-15-92)
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November 27, 2007
MEMORANDUM
TO: Karla Smith, Boards and Commissions Coordinator
FM: Joe Frank, Interim Director, Planning and Development
RE: Landmark Preservation Commission - 2008 Work Program
The Landmark Preservation Commission's 2008 Work Program consists of two general areas:
continuing responsibilities and new projects. Continuing responsibilities include the designation
of Fort Collins Landmarks, final decision-making authority for design review of locally
landmarked buildings, and the Demolition/Alteration Review process, allowing public input on
the demolition or alteration of non-designated properties fifty years old or older. New projects
include the pending survey of Post-World War II properties, and two proposed applications for
Landmark District designation. The Commission will meet approximately 24 times throughout
the year.
Continuing to implement the goals and actions contained in the Historic Resources Preservation
Program (HRPP) Plan, an element of City Plan, will be the Commission's primary focus. The
following is a list of actions that will be implemented in 2008:
L Survey and Identification
Review results of historic building surveys.
II. Incentives
Review applications to the Landmark Rehabilitation Loan Program.
Perform the design review function of the Colorado State Tax Credit for Historic
Preservation Program, for commercial properties in Fort Collins.
11I. Design Review Function
Review requests for design changes to locally landmarked buildings.
IV. Landmark Designation Program
Evaluate applications for individual and district landmark designation.
V. Planning
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Update Design Guidelines for Historic Old Town Fort Collins document.
Develop Standards and Guidelines for Alley Enhancements.
Review and comment on issues affecting historic properties, particularly implementation
of City Plan redevelopment policies.
Pursue grant funds for historic contexts and survey, and for rehabilitation and restoration
projects, as appropriate.
VI. Education and Awareness
Continue community outreach by providing technical information and education
concerning the community-wide benefits of historic preservation, and by promoting the
available financial incentives for historic preservation.
Continue the "Friends of Preservation" award program.
Facilitate communication with other public and private business and development
entities.
VII. Training
Attend professional training and workshops, including Colorado Preservation Inc.'s
annual conference.
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City Planning&
Community Development
281 N College Av
PO Box 580
Fort Collins,CO 80522-0580
City of Fort Collins
970.22i.8376
970124,6111 fax
970.224.6002 TDo
fcgov.com/Cityp/anning
MEMORANDUM
January 28,2008
TO: Karla Smith, Boards and Commissions Coordinator
TH: Joe Frank, Director, City Planning and Community Development
FR: Karen McWilliams, Historic Preservation Planner
Timothy Wilder, Senior City Planner
RE: LANDMARK PRESERVATION COMMISSION (LPC) ANNUAL REPORT
(January 1, 2007—December 31, 2007)
1. Landmark Preservation Commission Membership (7):
A. Term Ended:
- Agnes Dix
B. New Appointee:
- Terrence Hoagland
C. Resignations:
- None
D. Reappointed:
- None
D. Continuing Members:
- John Albright
- Bud Frick
- Ian Shuff
- Alyson McGee
- Alan Ballou
- Earen Russell
2. 2007 Year in Review: In 2007 the LPC convened for 16 meetings.
A. Designations: The LPC recommended seven (7)properties for Fort Collins
Landmark status:
720 West Prospect Road, the Emma Brown/Susan Winter House
1510 South College Avenue, the Bradley Residence and Rock Walls
239 North Grant Avenue, the J. E. Foreman House
232 East Magnolia Street, the A. C. Kluver House No. 2
723 West Olive Street, the Parsons/Morgan House and Attached Garage
616 Locust Street,the Heel House
1900 West Mountain Avenue, Grandview Cemetery
where renewal is a way of life 9
B. Desien Review: In 2007, the Commission and staff conducted reviews of 58
alterations to the exteriors of Landmark properties.
��=f s :, a� womm
i > ' vie#a 49 38 30 26 19 23
Tin" v 16 19 26 11 12 19
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� 14 18 15 14 22 16
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y 79 75 71 51 53 1 58
Major design review projects included:
- 215-217 Jefferson Street, Restore Storefront and Rehabilitate Rear Entry
- 133-137 South College Avenue, Colorado Building—Interior and Exterior
Restoration and Rehabilitation for State Tax Credit
- 800 West Prospect Road, Observatory Park Condo-Style Suites Project
- 400 Whedbee Street, Whole Life Church—Rehabilitation for a new residential
use.
C. Preservation Week,2007: The LPC sponsored the following programs
highlighting May as "Colorado Preservation Month":
- Preservation Week Proclamation
- "Friend of Preservation Awards"—Five recipients
D. Grants:
- Grant to restore the exterior of the Natural Areas Nix Farm Barn in progress.
- Received Grant to supplement City's Zero-Interest Rehabilitation Program
E. Other Business: The LPC gave input on the historic preservation aspects regarding:
- 2008 Work Program
- The Fort Collins Downtown Hotel project
- Support Letters for SHF grant applications for the City's Zero-Interest
Rehabilitation Loan Program, for the Colorado Historical Society's Certified
Local Government Program, for the Waterworks Property, and for the City's
Post-World War II Context and Survey Project.
- Budgeting for Outcomes
- The Transform Sculpture Project in Old Town Square
- Restoration activities to the Museo de la Tres Colonias, Romero House
- Mason Street Corridor Environmental Assessment and Section 106 Review
- State Tax Credit Review for 2008 expanded to include all commercial
properties
F. Oneoin¢ Prourams: Ongoing programs include:
Demolition/Alteration Review— Staff processed 213 demolition/alteration requests
from January 1, 2007 through December 31, 2007.
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Landmark Rehabilitation Loan Program—This program provided local
preservation assistance zero interest loans to 6 properties, totaling$15,000 in awarded
funds. Matching funds were $122,955. The ratio of private dollars to public dollars
is 8:1. Four residential and two commercial properties were funded.
Colorado Historic Preservation Income Tax Credit—In 2007, the LPC elected to
take on design review responsibility for state tax credit projects within the boundaries
of the Downtown Development Authority. For projects outside the DDA boundaries,
staff edits and reviews applications before they are sent to the Colorado Historical
Society,to help ensure that applications are quickly approved at the state level.
LPC Training in 2007
- CPI "Saving Places 2007," conference attended by Commission members
Alyson McGee and Ian Shuff, and staff members Joe Frank, Karen
McWilliams, and Carol Tunner. Alyson McGee was also a presenter at this
conference.
- Board and Commissions Training, presented by the Fort Collins City
Attorney's and City Clerk's Offices, attended by LPC members Alan Ballou
and John Albright, and staff Karen McWilliams.
- Colorado Historical Society, Certified Local Government Commission
Training Workshop, attended by Karen McWilliams, staff.
- Commission training and discussion on Eligibility, Significance and Integrity
Changes to Historic Preservation Ordinance and/or By-Laws -None
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CITY OF FORT COLLINS
LANDMARK PRESERVATION COMMISSION
BYLAWS
ARTICLE I - NAME
The name of this Commission shall be the City of Fort Collins Landmark Preservation
Commission.
ARTICLE II- GENERAL ACTIVITIES
1. Meet regularly to carry out the functions of the Commission as set forth in Section 2-278
of the Code of the city.
2. Meet as required to complete timely review of applications for building permits and other
applications not requiring building permits for locally designated historic landmarks and
properties in landmark districts, and to perform all other functions assigned to the
Commission pursuant to Section 2-278 and Chapter 14 of the City Code.
3. Work with applicants to resolve differences.
4. Strive to communicate the general responsibilities and powers of the Commission to the
general public, affected property owners, and involved parties of the business
community.
5. Expand the knowledge of the Commission members regarding local architecture, local
history, and good preservation practices.
ARTICLE III - COMMITTEES
Section I
The Chairperson may appoint any necessary committees to assist the Commission.
Section II
Committees shall be dissolved by the Chairperson upon completion of the assigned task
including the submittal of any reports,which may be required.
u:\wpdocs\Ipc\BY-LAWS approved 9-11-02
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ARTICLE IV - MEETINGS
Section I
The Commission shall hold regular monthly meetings on the second and fourth
Wednesday of each month at 5:30 p.m. Special meetings may be held upon the giving of
at least three (3) days' notice. All meetings shall be open to the public.
Section II
All questions of order not provided for in the bylaws,shall be decided by Robert's Rules
of Order, newly revised, latest edition.
ARTICLE V-AMENDMENTS TO BYLAWS
Proposed amendments may be presented and voted upon at any regularly scheduled meeting.
The vote of a majority of the voting members of the Commission shall be necessary to approve
any amendment.
Revised and Approved: 9-11-02
h:\advplan\histpres\Ipc\bylaws 2
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Memo
To: Landmark Preservation Commission
From: Carol Tunner, Historic Preservation Planner
Date: September 11, 2002
Re: LPC Bylaws Revisions
After consulting with Joe Frank, I have some further revisions to the LPC bylaws. We believe
the original bylaws were created before the Code and Boards and Commissions Manual was
written, so the language of those bylaws was, for the most part, used to create the Code and
Manual. Therefore, the bylaws are redundant to the other documents governing the LPC,
namely:
1. Chapter 2 (Sec 2-71 through 2-74 Boards and Commissions Administration)(Sec 2-276
through 2-280 Landmark Preservation Commission)
2. Chapter 14 (Landmark Preservation)
3. Boards and Commissions Manual
Therefore, we feel the bylaws should only contain additional information not found elsewhere,
that would be useful for an LPC board member to know how the LPC runs its meetings. And
that is what is attached as the proposed bylaws revisions.
h:\advplan\histpres\Ipc\bylaws 3
14
The City Clerk's office has noted that some boards and commissions may have bylaws that are
inconsistent with provisions that are contained in the Boards and Commissions Manual. Also,
the Code currently provides that bylaws cannot be inconsistent with the City Charter and City
Code. So in July, Council passed Ordinance No. 104, 2002 to clarify that bylaws cannot be
inconsistent with any policies adopted by the council.
Therefore, I have revised the LPC bylaws to be in compliance, and with the City ClerkOs and
City Attomey0s offices, I have simplified the bylaws. You will note that for many things, they
now reference Chapters 2 and 14 of City Code, and the Boards and Commissions Manual. That
way, if those documents make changes, we wonOt have to change the bylaws.
If there are any questions, please feel free to contact me at 221-6597. Thank you.
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ATTACHMENT
PERIODIC REVIEW PROCESS
• A periodic review will be conducted for all boards except the Downtown Development
Authority, Housing Authority, Liquor Licensing Authority, and Massage Licensing
Authority.
• The initial review dates will be staggered. Thereafter, review will occur every 6 years.
• The reviews will be conducted at an annual study session (4-5 boards per year). Study
session materials should include self-assessment completed by each board. The study
session will conclude either with (a) a statement that the board should continue without
alteration, or (b) direction to staff to prepare legislation making any Council-requested
changes (number of members, duties, etc.). Review and formal action, if any, should be
completed at least one (1) month prior to beginning the annual recruitment process.
• Self-assessment by each board should consist of the following questions:
- Are the current duties of the board, as defined by City Code, realistic? If not, what
duties would you suggest be added and/or deleted?
- Is the board's workload (annual work plan) too much; too little; about right?
Explain.
- Does the board effectively accomplish its annual work plan?
- Are board meetings conducted in an effective manner? What could be done to
improve board meetings?
- Is the current size of the board appropriate?
- Are communications between the board and Council effective? What could be done
to improve these communications?
- Required attachments: City Code description of duties, recent work plan, annual
report, bylaws
• Council review would consist of the following questions:
- What does the board do? (Current functions)
- Does the City need a board that does this?
- If so, should any of the duties of the board be changed?
- Can any of the duties of this board be consolidated with another board?
- Is the size of the board appropriate?
- Is the work done by the board beneficial and useful to the Council?
• Possible outcomes of review include:
- Continuation of the board without alteration of duties or composition.
- Continuation of the board with amendment to duties and/or composition.
- Elimination of the board and its duties.
- Elimination of the board and transfer of some or all duties to other existing board(s).
THE ROLE OF COUNCIL LIAISONS TO BOARDS AND COMMISSIONS
Every two years, following the election of Councilmembers, the Council selects its liaisons to the
boards and commissions. Council has defined the role of Council liaisons as follows:
1. To communicate with the board or commission when Council communication is needed
and to serve as the primary two-way communications channel between Council and the
board or commission.
2. To take the lead in filling vacancies,reviewing applications, and interviewing candidates
for the board or commission.
3. To serve as the primary informal Council contact for the board or commission.
4. To help resolve questions the board or commission may have about the role of Council,
municipal government, and the board or commission.
5. To establish formal or informal contact with the chairperson of the board or commission
and effectively communicate the role of the liaison.
6. To provide procedural direction and relay Council's position to the board or commission,
and to communicate to the board or commission that the liaison's role is not to direct the
board in its activities or work.
7. To serve as Council contact rather than an advocate for or ex-officio member of the board
or commission.
8. To review the annual work plan of the board or commission and make recommendations
to the City Council regarding the work plan.
9. To identify and help resolve any problems that may exist with respect to the functioning
of the board or commission.
10. To facilitate the training of new board and commission members byproviding suggestions
and relevant information to the City staff members responsible for providing such training.
Council liaisons do not normally attendmonthlymeetings of the boards and commissions. Liaisons
are informed of boards and commissions activities through agendas and minutes, work plans, and
annual reports. Liaisons may attend a meeting due to an interest in a specific agenda topic, or may
"pop in"just to observe. Attendance by a Council liaison should not affect the normal structure of
a board meeting. Attention should not be focused on the Council liaison and his or her input.
If Council liaison participation is critical to a particular item, a direct invitation should be made to
the Council liaison, explaining why participation is deemed to be critical. If appropriate, discuss
with the liaison prior to the meeting what expectations are and whether the liaison can meet those
expectations.
Revised: June 6,2000