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HomeMy WebLinkAboutMINUTES-06/01/1999-RegularJune 1,1999 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, June 1, 1999, at 6:00 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Staff Members Present: Jones, Krajicek, Roy. Citizen Participation Yolanda C. Nicely, 517 East Trilby Road #103, spoke regarding the importance to local companies of a viable, safe and permanent truck route within the City limits. Citizen Participation Follow-up Councilmember Mason spoke regarding the study done with regard to the trucks passing through Fort Collins and the intent to move interstate truck traffic, not local truck traffic, to I-25. Councilmember Weitkunat noted that the truck industry has been included in the discussions regarding the truck bypass. CONSENT CALENDAR 7. Second Reading of Ordinance No. 81, 1999, AyprOpriatinQ Proceeds from the Issuance of City of Fort Collins, Colorado, Stormwater Utility Enterprise, Storm Drainage Revenue Bonds, Series 1999, Dated June 1, 1999, in the Aggregate Principal Amount of $20,060 000 and Appropriating Unanticipated Revenues in the Storm Drainage Fund for Bond Debt Service. Ordinance No. 81, 1999, was unanimously adopted on First Reading on May 18, 1999, and appropriates bond proceeds in the Storm Drainage Fund for the acquisition and construction of storm drainage improvements and the cost of issuing the bonds as well as amounts to pay debt service on the bonds in 1999. 270 June 1, 1999 8. Second Reading of Ordinance No. 82, 1999, Authorizing the Mayor to Execute a Quit Claim Deed Dedicating to the Colorado Department of Transportation Certain Portions of the AccessRi is -of -way on Harmony Road Adjacent to Harmony Technology Park First Filing. Ordinance No. 82, 1999, was unanimously adopted on First Reading May 18, 1999 and dedicates additional right-of-way to the Colorado Department of Transportation for access right-of-way for future widening of the south side of State Highway 68 (Harmony Road) from County Road 9 east to Cambridge Drive. This new right-of-way is in addition to that dedicated with the Harmony Technology Park First Filing Plat. 9. Second Reading of Ordinance No. 83, 1999, Appropriating Prior Year Reserves in the General Employees' Retirement Fund. Ordinance No. 83, 1999, which was unanimously adopted on First Reading May 18, 1999, appropriates funds to accommodate separated vested employees who have elected to take single sum payments from the GER Plan, thus terminating their membership in the GER Plan. Ordinance No. 83, 1999, also authorizes a $250,000 appropriation for the employees hired in 1998 who have elected to convert their GER Plan benefits to the ICMA Money Purchase Plan. 10. Second Reading of Ordinance No. 84, 1999, Appropriating Prior Year Reserves and Unanticipated Revenue in the General Fund for Promotion of Convention and Visitor Activities and for Cultural Development and Programming Activities. Ordinance No. 84,1999, which was unanimously adopted on First Reading on May 18,1999, appropriates 1998 lodging tax receipts dedicated to the Convention and Visitors Bureau, Cultural Development and Programming (CDP), Visitor Events, and Tourism Capital. 11. Second Reading of Ordinance No. 85, 1999, Authorizing Dedication of Certain Property for Public Highway iway to Improve Access to the Larimer County Landfill. Larimer County plans to construct a new access to the Landfill approximately 700 feet south of the existing access. In conjunction with the project, additional right-of-way is needed to accommodate safety improvements in the form of turn lanes and wider shoulders. Some of the property included in the project (1.05 acres) is owned jointly by the City of Fort Collins, City of Loveland and County of Larimer; therefore, approvals and signatures are required of each municipality. While the dedication is not presently needed, it is necessary to clarify future intended use of the land should the ownership of the adjoining land change. Ordinance No. 85, 1999 was unanimously adopted on First Reading on May 18, 1999. 271 June 1. 1999 12. Second Reading of Ordinance No. 86, 1999, Authorizing the Conveyance of a Non - Exclusive Easement for a Sanitary Sewerline on Riverbend Ponds Natural Area to the Boxelder Sanitation District. Countryside Park Subdivision, which is located north of the Riverbend Ponds Natural Area, was originally designed as a mobile home park and is one of the oldest areas served by the Boxelder Sanitation District. Consequently, the existing sewer lines were engineered with some 45 ` angles that have the potential to cause service disruption to Countryside Park and Mulberry Commercial Park users. The District is requesting a 20' easement (.0061 acres) on Riverbend Ponds Natural Area for a sewerline extension that will tie into an existing 30' sewerline to alleviate the problem. Natural Area staff has approved the project. This Ordinance was unanimously adopted on First Reading on May 18, 1999. 13. Second Reading of Ordinance No. 87, 1999, Authorizing the City of Fort Collins to Grant a Non -Exclusive Easement on Meadow Springs Ranch to Poudre Valley Rural Electric Association. Ordinance No. 87,1999, which was unanimously adopted on First Reading on May 18, 1999, provides the necessary electrical service to a cattle watering well in the southwestern corner of the City -owned Meadow Springs Ranch and to a portion of the neighboring Diehl Ranch. 14. Second Reading of Ordinance No. 88, 1999, Appropriatine Unanticipated Revenue in the General Fund for the Library Outreach Program. Ordinance No. 88, 1999, was unanimously adopted on First Reading on May 18, 1999, and appropriates unanticipated revenue for outreach services. 15. First Reading of Ordinance No. 91, 1999, Appropriating Prior Year Reserves in the General Fund for Police Seizure Activity. Nearly 100 years ago, Colorado law created a process for the seizure of illegal contraband used in or gained from criminal activity. The intent is to deter crime and to have criminals help defray the costs of policing. State statutes specify that the proceeds from such seizures are to be used for law enforcement purposes, and require that the governing body (City Council) of the seizing agency (Police Services) appropriate these proceeds to supplement the seizing agency's budget or forfeit the proceeds to the general fund of the State of Colorado. The Colorado Supreme Court and the United States Supreme Court have consistently upheld the constitutionality of these statutes. 272 June 1, 1999 16. First Reading of Ordinance No. 92, 1999, Appropriating Prior Year Reserves in the Street Oversizing Fund and Authorizing the Transfer of Appropriations Between Funds for the Purpose of Constructing Improvements at the Horsetooth Road and Mason Street Intersection. The intersection of Horsetooth Road and Mason Street is currently at level of service F, which indicates severe delays to traffic during peak hours. This project will add a right turn lane at the intersection of Horsetooth Road and Mason Street to alleviate this congestion, plus complete the pedestrian connections in the area. These improvements include a southbound right turn lane onto Mason Street from Horsetooth Road, curb and gutter along Horsetooth and Mason, attached sidewalk, storm sewer improvements and pedestrian crosswalks at the intersection. The project is predominantly funded by the Minor Streets Capital Program, but includes contributions from the Pedestrian Access Program, Traffic Operations and the Street Oversizing Program. Staff is requesting that funds be appropriated from the Pedestrian Access, Street Oversizing, and Traffic Operations programs so that construction of these arterial road improvements can begin in the summer of 1999. Staff believes this project needs to start in the summer in order to alleviate the severe traffic delays and congestion in the area. 17. First Reading of Ordinance No. 93, 1999, Amending Section 20-25 of the City Code by Exempting the Cityfrom Liability for any Noise Emanating From any Public Right -of -Way_ The City's noise ordinance does not presently exempt noise emanating from City streets. Because it is impossible for the City to control that noise, and the City Code makes property owners liable for noise coming from their premises, City staff is recommending that the Code be amended to exempt the City from any liability for noise emanating from City streets. 18. First Reading of Ordinance No. 94, 1999, Authorizing the Conveyance of a Quit Claim Deed to Walter Edward Sperry and Leona Veronica Kelley to Clarify Ownership of a Tract of Land (.246 Acres) at Overland Trail Park. The 15-acre Overland Trail Park was purchased in 1978 and developed in 1986. During the development of the park there was an unresolved dispute with the adjacent landowners, Walter Sperry/Veronica Kelley, over the northerly boundary of the park. The issue has resurfaced because the landowners have a contract on their property and have requested a Quit Claim Deed from the City to resolve ownership of the .246-acre tract of land. Parks and Recreation needs 10 new parking spaces along the easterly 100 feet of the tract. To reach a "win -win" situation, Sperry/Kelley have agreed to a quit claim deed from the City for the disputed tract, with a reservation for the City of a vehicular parking easement to accommodate the desired parking spaces. The buyers of the Sperry/Kelley property have agreed to cooperate with the City through the planning process. 273 June 1, 1999 19. First Reading of Ordinance No. 95, 1999, Amending Sections 29-13 and 29-14 of the Transitional Land Use Regulations Pertaining to Construction. Maintenance and Repair Guarantees and Security Requirements for Developers. The following recommended changes in the Transitional Land Use Regulations are proposed to match similar proposed changes in the "Spring 1999" revisions to the Land Use Code. The changes are as follows: 1. Add language to define the start date of the warranty period. 2. Add language to provide the option for describing warranty requirements in the development agreement for when no new plat is required for the project or if work is located outside the plat boundary. 3. Revise language to (1) add the words "construction" and "maintenance/repair" when describing security to distinguish between two types of security; and (2) add flexibility for the developer to change the form of security. These revisions are in keeping with the City Council's charge to staff when the "Choice Streets" package was approved last fall, to make changes when necessary to help the new requirements work. 20. Resolution 99-63 Authorizing the CityManager to Lease 1745 %2 Hoffman Mill Road and the Barn and Pastures on the Nix Natural Area. The City purchased two houses and a barn as part of the Nix Natural Area in December 1996. At the time of the purchase, three leases were in place for residences and for the barn and pasture. The new lease for 1745 Hoffinan Mill Road (Residence "A") was approved by Council on May 18, 1999. The lease for 1745'/2 Hoffinan Mill Road, referred to as "Residence "B" on the map attached to the Resolution, terminates on July 14, 1999. The lease for the bam and pastures terminates on June 1, 1999. Because planning for use of the structures on the property is still underway, Natural Resources staff is recommending that new leases for Residence `B" and the barn/pasture be executed that would permit continued collection of rent payments pending completion of plans by the Natural Resources Department. Natural Resources is continuing to evaluate the feasibility of modifying Residence `B" for use by Natural Resources staff, including Rangers and maintenance staff. The proposed Lease Agreements have a maximum term of two years, with the City having the option to terminate the lease at any time with notice to the tenants. 274 June 1, 1999 21. Resolution 99-64 Authorizing a Lease of City -Owned Property at 149 Grandview. The City built this house for use by the Cemetery Superintendent. Since this position has been eliminated, the City does not need to use this house as a staff residence. CLRS staff considered moving the building to Roselawn Cemetery to be used as a maintenance facility. Researching this option, staff concluded that it would not be cost effective to move and remodel the house into a maintenance shop. In the future, the area in which the house is located will be needed for more cemetery space. Prior to that time, renting the house will generate income that the Cemetery staff can utilize to build the needed maintenance shop at Roselawn. Staff also believes vandalism can be discouraged by keeping the house occupied. 22. Items Pertaining to the Cooperative Planning Area Adjacent to Fossil Creek Reservoir. A. Resolution 99-65 Authorizing the Mayor to Enter into an Intergovernmental Agreement with Larimer County Regarding Development in the Fort Collins Cooperative Planning Area Adjacent to Fossil Creek Reservoir. B. Resolution 99-66 Authorizing the Mayor to Enter into an Intergovernmental Agreement among the City of Fort Collins, the City of Loveland, the Town of Windsor and Larimer County Regarding Annexations in the Fort Collins Cooperative Planning Area Adjacent to Fossil Creek Reservoir. C. Resolution 99-67 Authorizing The Mayor to Enter hito an Intergovernmental Agreement With the Town of Windsor Regarding Annexations East of Interstate Highway 25. Approximately one year ago, the City of Fort Collins and Larimer County adopted the Fossil Creek Reservoir Area Plan. One of its implementation actions was the preparation of intergovernmental agreements establishing a "Cooperative Planning Area". A Cooperative Planning Area (CPA) is intended to be the area which is situated beyond a municipality's Growth Management Area (GMA) but which could conceivably be annexed in the long term. It is intended that rural developments in the CPA proceed in accordance with the existing County zoning, but in a manner that does not preclude or jeopardize urbanization when, and if, it becomes part of the municipality's GNU. Special zoning and/or development standards may apply to each CPA. Another principle behind the CPA idea is that if each municipality would identify its own CPA, the potential for annexation wars would diminish. 275 June 1, 1999 Last June, staff and elected official representatives from the cities of Fort Collins, Loveland, Windsor, and Timnath, and Larimer County, met to discuss the establishment of a CPA for the Fossil Creek Reservoir area. The consensus from this meeting was for Fort Collins to proceed with preparing the necessary legal documents establishing the CPA. 23. Resolution 99-68 ApprovingaCharge for Personal Service Costs for Cases Heard in the Fort Collins Municipal Court. On May 17, 1999, House Bill 99-1364, "Concerning the Use of Automated Vehicle Identification Devices," was signed by the Governor. That bill affects the City's use of the camera radar and red light traffic enforcement systems. In the portion of that bill relating to service of process, there is a provision indicating that a municipality may charge the actual costs of personal service of process. At this time, Judge Lane is recommending that City Council approve the establishment of a personal service cost so that when it is necessary for a police officer to locate and personally serve a defendant with a summons and complaint, the cost of that service can be assessed against the defendant. This cost would only be assessed and due if the defendant pled "guilty" or "no contest" or was found guilty at trial. As with other costs, it may be waived by the Judge if the defendant is indigent or when otherwise appropriate. 24. Resolution 99-69 Reappointing Gordon F. Esplin as TemporarJudge and Authorizing the Execution of an Employment Agreement. Council originally appointed Gordon F. Esplin as Temporary Judge (Assistant Municipal Judge) in 1989, and reappointed him every two years thereafter. His current appointment terminates on June 30, 1999. Municipal Judge Kathleen M. Lane recommends that Mr. Esplin be reappointed for another 2-year term. Mr. Esplin is currently paid $75 per hour for his services. That rate is well below the going rate for legal fees in Fort Collins. For that reason, staff recommends an increase in the compensation paid to Mr. Esplin to $80 per hour. 25. Routine Easements. A. Easement from Karl Yoder and Ruth Pendergrast to underground existing overhead electric services, located at 825 Smith. Monetary consideration: $10. B. Easement from Fort Collins Newspapers, Inc. to install underground electric system and equipment, located at 1300 Riverside. Monetary consideration: $1342.50. 276 June 1, 1999 C. Easement from Maureen and Roger Bryant to install an oval vault to underground existing overhead electric system, located at 530 South Taft Hill. Monetary consideration: $80. Items on Second Reading were read by title by City Clerk Wanda Krajicek. 7. Second Readine of Ordinance No. 81, 1999, Appropriating Proceeds from the Issuance of City of Fort Collins. Colorado, Stormwater Utility EntpMrise, Storm Drainage Revenue Bonds, Series 1999, Dated June 1,1999, in the Aggregate Principal Amount of $20 060 000 and Appropriating Unanticipated Revenues in the Storm Drainage Fund for Bond Debt Service. Second Readine of Ordinance No. 82,1999. Authorizing the Mayor to Execute a Quit Claim Deed Dedicating to the Colorado Department of Transportation Certain Portions of the Access Rights -of -way on Harmony Road Adjacent to Harmony Technology Park First Filing- 9. Second Reading of Ordinance No. 83, 1999, Appropriating Prior Year Reserves in the General Employees' Retirement Fund. 10. Second Reading of Ordinance No. 84, 1999, Appropriating Prior Year Reserves and Unanticipated Revenue in the General Fund for Promotion of Convention and Visitor Activities and for Cultural Development and Programming Activities. 11. Second Reading of Ordinance No. 85, 1999, Authorizing Dedication of Certain Property for Public Highway iway to Improve Access to the Larimer County Landfill. 12. Second Reading of Ordinance No. 86, 1999, Authorizing the Conveyance of a Non - Exclusive Easement for a Sanitary Sewerline on Riverbend Ponds Natural Area to the Boxelder Sanitation District. 13. Second Reading of Ordinance No. 87, 1999, Authorizing the City of Fort Collins to Grant a Non -Exclusive Easement on Meadow Springs Ranch to Poudre Valley Rural Electric Association. 14. Second Reading of Ordinance No. 88, 1999, Appropriating Unanticipated Revenue in the General Fund for the Library Outreach Program. 277 June 1, 1999 29. Items Related to the West Central Neighborhoods Plan Rezonings. A. Second Reading of Ordinance No. 89, 1999, Amending the Land Use Code for the Purpose of Implementing the West Central Neighborhoods Plan. B. Second Reading of Ordinance No. 90, 1999, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for Those Certain Properties Known as the West Central Neighborhoods Plan Subarea Rezoning. Items on First Reading were read by title by City Clerk Wanda Krajicek. 15. First Reading of Ordinance No. 91, 1999, Appropriating Prior Year Reserves in the General Fund for Police Seizure Activity. 16. First Reading of Ordinance No. 92, 1999, Appropriating Prior Year Reserves in the Street Oversizing Fund and Authorizing the Transfer of Appropriations Between Funds for the Pumose of Constructing Improvements at the Horsetooth Road and Mason Street Intersection. 17. First Reading of Ordinance No. 93, 1999, Amending Section 20-25 of the City Code by Exempting the City from Liability for any Noise Emanating From any Public Right -of -Way. 18. First Reading of Ordinance No. 94,1999, Authorizing the Conveyance of a Quit Claim Deed to Walter Edward Sperry and Leona Veronica Kelley to Clarify Ownership of a Tract of Land (.246 Acres) at Overland Trail Park. 19. First Reading of Ordinance No. 95, 1999, Amending Sections 29-13 and 29-14 of the Transitional Land Use Regulations Pertaining to Construction. Maintenance and Repair Guarantees and Security Requirements for Developers. 30. Items Relating to the City's Fiscal Year 1999-2000 Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) Programs. A. First Reading of Ordinance No. 96, 1999, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Program Years in the Community Development Block Grant Fund. B. First Reading of Ordinance No. 97,1999, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Program Years in the Home Investment Partnerships Fund. 278 June 1, 1999 31. Items Related to Amending the Land Use Code A. First Reading of Ordinance No. 98,1999 Amending the Harmony Corridor Plan and the Design Standards and Guidelines. B. First Reading of Ordinance No. 99, 1999, Making Various Amendments to the City of Fort Collins Land Use Code. Councilmember Wanner made a motion, seconded by Councilmember Weitkunat, to adopt and approve all items on the Consent Calendar. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED. Consent Calendar Follow-up Councilmember Mason spoke regarding item #19 First Reading of Ordinance No. 95, 1999, Amending Sections 29-13 and 29-14 of the Transitional Land Use Regulations Pertaining to Construction, Maintenance and Repair Guarantees and Security Requirements for Developers and noted that this is another example of working with the development community. Councilmember Mason noted that item #22 Items Pertaining to the Cooperative Planning Area Adjacent to Fossil Creek Reservoir is an example of regional cooperation. Staff Reports Deputy City Manager Jones presented updates regarding: (1) receipt of a GOCO Legacy grant for $2.5 million for the Poudre River and Big Thompson project; (2) a Job Access Grant to fund transit service; (3) partnering between the public and private sector to repair a safety hazard on East Drake Road; and (4) receipt of a historic preservation award for saving Preston Farm. Councilmember Reports Councilmember Wanner reported on the Health and Safety Committee's discussions regarding setting a new meeting date on the third Thursday of each month at 4:30 p.m. in the Council Information Center, a report from the rental property task force, and a proposed deadly weapons ordinance. Councilmember Wanner reported on the Finance Committee's discussions concerning a cost of living adjustment for retirees, key budget issues for 2000-2001, formation of an economic policy board, selection of a bank for the City, and local preference in purchasing decisions. 279 June 1. 1999 Councilmember Bertschy reported on Governance Committee discussions regarding potential Charter amendments and Code changes. Mayor Martinez reported on Legislative Review Committee discussions regarding a final version of the legislative template and pending legislation. Items Related to the West Central Neighborhoods Plan Rezonings, Adopted on Second Reading The following is staff's memorandum on this item. "Executive Summary A. Second Reading of Ordinance No. 89, 1999, Amending the Land Use Code for the Purpose of Implementing the West Central Neighborhoods Plan. B. Second Reading of Ordinance No. 90, 1999, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for Those Certain Properties Known as the West Central Neighborhoods Plan Subarea Rezoning. Ordinance No. 89, 1999 was adopted 5-0 (Councilmembers Byrne and Weitkunat were withdrawn) on First Reading on May 18, 1999 making amendments to the Land Use Code for the implementation of the West Central Neighborhood Plan. Ordinance No. 90,1999, which was also adopted 5-0 (Councilmembers Byrne and Weitkunant were withdrawn) on First Reading on May 18, 1999, making certain amendments to zoning district boundaries of the Zoning map. " Councilmembers Weitkunat and Byrne withdrew from discussion on this item because of potential conflicts of interest. ("Secretary's Note: Councilmembers Weitkunat and Byrne out of room.) Councilmember Wanner made a motion, seconded by Councilmember Kastein, to adopt Ordinance No. 89, 1999 on Second Reading. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Kastein, Martinez, Mason and Wanner. Nays: None. (Councilmembers Weitkunat and Byrne out of room.) THE MOTION CARRIED. Na June 1, 1999 Councilmember Bertschy made amotion, seconded by Councilmember Wanner, to adopt ordinance No. 90, 1999 on Second Reading. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Kastein, Martinez, Mason and Wanner. Nays: None. (Councilmembers Weitkunat and Byrne out of room.) THE MOTION CARRIED. ("Secretary's Note: Councilmembers Byme and Weitkunat returned to the meeting at this point.) Items Relating to the City's Fiscal Year 1999-2000 Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) Programs Adopted The following is staff s memorandum on this item. "Executive Summary A. Resolution 99-70 Approving the Fiscal Year 1999-2000 Community Development Block Grant Program for the City of Fort Collins. B. Resolution 99-71 Approving the Fiscal Year 1999-2000 Home Investment Partnerships Program for the City of Fort Collins. C. First Reading of Ordinance No. 96, 1999, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Program Years in the Community Development Block Grant Fund. D. First Reading of Ordinance No. 97, 1999, Appropriating Unanticipated Revenue and Authorizing the Transfer ofAppropriations Between Program Years in the Home Investment Partnerships Fund. The CommunityDevelopment Block Grant (CDBG) Program and the Home lnvestmentPartnerships (HOME) Program provide Federal funds from the Department ofHousing and Urban Development (HUD) to the City of Fort Collins which can be allocated to housing and community development related programs and projects, thereby, reducing the demand on the City's General Fund Budget to address such needs. The City Council is being asked to consider two resolutions. Resolution 99- 70 will establish which programs and projects will receive funding with CDBG Funds for the FY 1999-2000 Program year which starts on October 1, 1999, while Resolution 99-71 will establish which programs and projects will receive funding with HOME Funds for the FY 1999-2000 Program year which also starts on October 1, 1999. 281 June 1. 1999 BACKGROUND: The City Council is being asked to consider the adoption of two resolutions establishing which programs and projects will receive funding with Community Development Block Grant (CDBG) and Home Investment Partnership (HOME) funds for the FY 1999-2000 Program years, which start on October 1, 1999. Since early January of this year, the CDBG Commission and the City's CDBG and HOME Program staffs have conducted public hearings to assess community development and housing needs in Fort Collins and solicited applications for CDBG and HOME funding. Further, the Commission has reviewed the written applications, personally interviewed applicants, analyzed the applications, and formulated a list of recommendations to the City Council as to which programs and projects should receive funding. The Commission utilized several criteria to determine priorities and establish its list of recommendations. The criteria include: o leveraging of other funding with Cityfunds; o development or acquisition of housing versus operation of programs; o success rate of the applicant; o ability of the applicant to complete the proposal; o meeting community needs, highest priority to the production of rental housing for families below 50% of the Area's Median Income (AMI); o long-term impact on the community of the proposal; o full or partial funding request; o competing projects or providers; and o alternate funding. CDBG and HOME funds allocated to a for profit applicants are in the form of a loan while funds allocated to non-profit entities are in the form ofgrants. The Commission also used the funding guidelines contained in the Priority Affordable Housing Needs and Strategies report adopted by the Council on February 2, 1999. These guidelines include: o CDBG funds should generally be allocated as follows: 65% for Housing projects; 10% for Program Administration; 10% for Public Facilities; and 15% for Public Services; o HOME funds should generally be allocated as follows: 90% for Housing projects and 10%for Program Administration; o funds allocated to housing should generally be divided as follows: 70% for rental projects and 30%for homeownership opportunities; and o the average subsidy should be $5, 000 per unit, with relatively more funding to projects producing housing for lower income families. 282 June 1, 1999 The CDBG Program is an ongoing grant administration program funded by the Department of Housing and Urban Development (HUD). The City of Fort Collins has received CDBG Program funds since 1975. In 1975 and FY 1976-77 the City received HUD CDBG discretionary grants. Since FY 1977-78, the City has been an Entitlement Grant recipient of CDBG funds, meaning the City is guaranteed a certain level of funding each year. The level of funding is dependent on the total amount offunds allocated to the program by Congress and on a formula developed by HUD, which includes data on total population, minorities as a percentage ofpopulation, income levels, housing stock conditions, etc. Additional background information on the City's Community Development Block Grant Program is presented in Appendix "A" attached to this report. The Home Investment Partnership (HOME) Program was authorized by the National Affordable Housing Act of 1990 to provide funds for a variety of housing related activities, to strengthen the ability oflocal governments to provide housing, and to expand the capacity ofnon profit community - based housing development organizations to provide affordable housing. In May of 1994, the City of Fort Collins received designation as a Participating Jurisdiction in the HOME Program which in effect is similar to the City's designation as an Entitlement Grant communityfor the CDBG Program, meaning the City is guaranteed a certain level of funding each year. Additional background information on the City's Home Investment Partnership Program is presented in Appendix "B"attached to this report. AVAILABLE FUNDS The amount ofthe City's CDBG Entitlement Grantfor FY 1999-2000 is $1,169, 000. The Entitlement Grant will be combined with $50, 000 of CDBG Program Income to create a total of $1,219, 000 of CDBG funds available for programs and projects during the next CDBG Program year. CDBG Program Income includes funds returned to the City through the payment of past housing rehabilitation loans. The City's HOME Program Grant for the FY 1999-2000 is $615, 000 which will be combined with $42, 059 ofHOMEProgram Income to make a total of$657, 059 availableforprograms andprojects during the next HOME Program year. HOME Program Income includes funds returned to the City through the repayment ofdownpayment assistance grants and HOME loans to developmentprojects. The following summarizes the amount and sources of available funds: 283 CDBG Program AMOUNT SOURCE $1,169, 000 50,000 $1,219,000 HOME Program AMOUNT FY'99 CDBG Entitlement Grant CDBG Program Income CDBG Sub -Total SOURCE June 1, 1999 $ 615,000 FY'99 HOME Participating Jurisdiction Grant 42,059 HOME Program Income $ 657,059 HOME Sub -Total Below is a summary ofrecent CDBG funding levels allocated from HUD to the City of Fort Collins: Entitlement Reprogrammed Year Grant Funds Program Income Total Funds 1990 645,000 50,000 30,000 725,000 1991 728,000 160,000 30,000 918,000 1992 802,000 30,000 50,000 882,000 1993 1,091,000 50,000 90,000 1,231,000 1994 1,187, 000 30,000 50,000 1,267,000 1995 1,231,000 0 40,000 1,271,000 1996 1,202,000 0 40,000 1,242,000 1997 1,188,000 181,273 50,000 1,419,273 1998 1,162, 000 216,875 50,000 1,428,875 1999 1,169, 000 0 50,000 1,219, 000 Below is a summary ofrecent HOMEfunding levels allocated from HUD to the City ofFort Collins: HOME Reprogrammed Program Year Grant Funds Income Total Funds 1994 500,000 0 0 500,000 1995 455,000 0 0 455,000 1996 539,000 0 0 539,000 M] June 1, 1999 1997 533,000 0 0 533,000 1998 569,000 59,900 50,000 678,900 1999 615,000 0 42,059 657,059 SELECTIONPROCESS The selection process for the City's FY 1999-2000 CDBG and HOME Programs began on January 14, 1999, when the CDBG Commission held a public hearing to obtain citizen input on community development and housing needs. The CDBG and HOME Program offices placed legal advertisements in local newspapers starting in January and running through March, to solicit requests for CDBG and HOME funded programs and projects for FY 1999-2000. The application deadline was Thursday, March 25. At the close of the deadline the City received 29 applications requesting a total of approximately $4.7 million. Copies ofall applications were forwarded through the City Manager's office to the City Council on April 9 and placed in the Council Office for review. Copies of all applications were distributed to the CDBG Commission on April 8. On Wednesday, April28, and Thursday, Apri129, the Commission met to hearpresentations and ask clarification questions from each applicant. The Commission then met on Wednesday, May 5, for the purpose ofpreparing a recommendation to the City Council as to which programs and projects should be funded for the FY 1999-2000 program year. At this meeting the Commission reviewed the written applications, the applicant's verbal presentation, the information provided during the question and answer session, and reviewed the performance of agencies who received FY 1998-99 CDBG and/or HOME funds or funding in other previous years. The Commission then worked on formulation oftheir list ofrecommendations. A copy ofthe Commission's minutesfrom the meeting is attached. CDBG COMMISSION'S LIST OF RECOMMENDATIONS HUD CDBG regulations limit the amount of available funds which can be allocated to various generic categories. FundsforPlanningandAdministrativepurposesarelimitedto20%ofthetotal of the Entitlement Grant and any anticipated Program Income. This means the 20% limitation for Planning and Administrativepurposes is $243,800. CDBGfsndsforPublic Services are limited to 15% of the total of the Entitlement Grant and anticipated Program Income, making the amount $182,850. HUD HOME Program regulations limit the amount of available funds which can be allocated for Administrative purposes to 10% of the HOME Grant. This means the 10% limitation for Administrative purposes is $61,500. HOME Program regulations also require that 15% of the HOME Grant be set aside for projects by community -based housing development organizations (CHDOs). This means that $92,250 must be set aide for CHDOs. At this time, Neighbor to `&M June 1, 1999 Neighbor, Inc., is the only applicant which has applied to be designated as a CHDO and could become eligible for funding during FY 1999-2000. The Commission, thus, not only had to decide which applicants presented programs and projects which best fit into the City's CDBG and HOME Programs, but also had to insure funding allocations/requirements were kept within HUD regulations and follow the funding guidelines contained in the Priority Affordable Housing Needs and Strategies report. The Commission utilized several criteria to determine priorities in the process to establish its list Of recommendations. These criteria were established after a discussion with the City Council at a work session conducted in December 1995, and include: HIGHER PRIORITY CRITERIA Leveraging Guideline: The leveraging of private and non federal funds is a very important consideration in making an allocation of CDBG and HOME funds. Applicants are asked to indicate the amount of leveraging, including in -kind services, dollars, and/or labor associated with their CDBG and HOME proposal. 2. Acquisition versus Operations Guideline: Acquisition proposals which provide assets to the community are given greater weight over proposals which are operational in nature. 3. Success Rate Guideline: Applicants who demonstrate continued success in achieving community needs will receive extra consideration for funding. On the other hand, applicants who have failed to achieve their proposal in a timely manner may not receive additional funding. 4. Ability to Complete the Proposal During a Program Year Guideline: Applicants who provide information indicating a capability to complete theirproposal during theprogram year will receive consideration forfunding over applicants whose abilities can be questioned. 9M June 1. 1999 5. Meeting Community Needs Guideline: Applicants must provide support of their application through some sort of needs assessment, preferably through the use ofan objective data source, and not rely solely on anecdotal information. An applicant may also submit a service history of projects from other communities. Funding allocations will be made to proposals which meet the greatest community needs. Housing needs are detailed in the Priority Affordable Housing Needs and Strategies report. 6. Long -Term Impact Guideline: Applicants whoseproposal has additional long-term impacts beyond the specifics ofthe proposal will receive greater consideration for funding. LOWER PRIORITY CRITERIA 1. Full or Partial Funding Guideline: Iffunds are not available to support a proposal at the lowest acceptable level, no funds will be granted to the proposal. 2. Competing Projects or Providers Guideline: Applicants need to demonstrate their proposal is not a duplication of efforts or a duplication of service provision, including administrative, volunteer efforts, and acquired service ability. 3. Alternate Funding Guideline: An applicant needs to discuss what otherfunding sources are available. Full disclosure of available and applied for funds is considered essential, required, and mandatory. The Commission needs to know if the project can continue if CDBG/HOME funds cease to exist. OTHER CONSIDERATIONS 1. Equal Competition Guideline: All proposals are considered equally, there is no preference given to new proposals requesting "seed" money, and likewise, there is no preference given to proposals which were previous recipients of CDBGIHOMEfunds. Continued CDBGIHOMEfundingfrom one year to the next is not guaranteed and funding is not a "right" of any applicant. 287 June 1, 1999 2. Sequential Grant Limit Guideline: There is no limit to the number of times an applicant may receive funding from the CDBG/HOME Program, all applicants are considered equally, however, continued CDBG/HOME funding from one year to the next is not guaranteed. The Commission also used the previously listed funding guidelines contained in the Priority Affordable Housing Needs and Strategies report in making their recommendations for funding. Listed below is a summary of each applicant's initial request for funding and the Commission's list Of recommendations. Requests and Recommendations specifically for funding with HOME funds are identified by an H: PLANNING and ADMINISTRATION (20% of CDBG Entitlement Grant and Program Income) (10% of HOME Grant) City of Ft. Collins - CDBG Program Administration Proposal covers the administrative costs of the FY 1999-2000 CDBG Program Administration including salary, benefits, and operating expenses for 2 staffpositions. Request: $121,900 Recommendation: $121,900 City of Ft. Collins - HOME Program Administration Proposal covers the administrative costs of the HOME Program, including salary, benefits and operating expenses for I staff position. Request: $61,500H Recommendation: $61,500H ACQUISITION City of Ft. Collins - Acquisition/preservation of existing project -based Section 8 units This application proposes setting aside funds for the acquisition/preservation of existing project -based Section 8 affordable housing units which may become available for sale during the program year. Request: $300,000 Recommendation: $0 W June 1, 1999 Elizabeth Street Partners - Elizabeth Street Senior Apartments Request by Kaufman and Broad for a soft loan with repayments to be based on cash flow to help construct 50 senior apartments on West Elizabeth Street. The applicant proposes to provide 45 units to families below 50% ofAMI and 5 units to families below 40% ofAMI. Request. $480,000 Recommendation: $0 Old Town North LLC, do Palladian Construction Company - Old Town North Subdivision Assistance requested in the form of a loan for acquisition of land to support development of a 280 unit starter home subdivision located north of E. Vine Drive and east of N. College Avenue. Target market is for families earning 70% ofAMI and above. Request: $420,000 Recommendation: $0 Neighbor to Neighbor, Inc. - Acquisition of an existing project -based Section 8 complex Request for a grant to help acquire an expiring project -based Section 8 affordable housing complex consisting of 69 units in northeast Fort Collins. The applicant proposes to provide 25 units to families below 30% ofAMI,- 25 units to families below 50% ofAMI,- and 19 units to families below 60% ofAMI. Request: $787,450 Recommendation: $404,559 $ 92,250H Fort Collins Housing Corporation - Acquisition of land Grant request to help acquire 20 acres of land in northwest Fort Collins for affordable housing development which will include 26 for -sale homeownership opportunities and 114 rentalunits. The applicantproposes toprovide 57 rental units tofamilies below 50% ofAMI and 13 for -sale units to families below 70% ofAMI, 10 for sale units to families below 60% ofAMI, and 3 for sale units to families below 50% ofAMI. Request: $360, 000 Recommendation: $358, 000 99 June 1, 1999 Fort Collins Housing Corporation - Acquisition of an apartment building Grant request to help acquire a 19 unit apartment building, located on Cowan Street. The applicant proposes to provide 9 units to families below 50% ofAMI. Request: $190,000 Recommendation: $70,000 Harmony Park Homeowners Association - Acquisition of land Request to help purchase 50 acres of land located northeast of the S. Shields Street and Trilby Road intersection for the development of a 400 manufacture housing unit project; 50% of the units would be for families below 50% ofAMI,- 30% would be for families below 80% ofAMI,• and 20% would be for families above 80% ofAMI. Request: $500,000 Recommendation: $0 HOUSING CONSTRUCTION Concorde Capital Corporation - Construction of rental units Request for a soft loan with repayments based on cashflow to help construct 150 affordable rental units for families at 50% and 60% of AMI, located at the southeast corner of Redwood and Conifer Streets (Dry Creek Apartments). Request: $400, 000 H Recommendation: $250, 000 H HOMEOWNERSHIP ASSISTANCE City of Fort Collins - Downpayment & Closing Cost Assistance Program Request for CDBG and HOME funds to continue to provide homeownership opportunities through the Downpayment &Closing CostAssistance Program. With approximately $5, 000 available per unit means 60 units could be assisted and would be available to families earning less than 80% ofAMI. Request: $136,950H Recommendation: $253,309H $166,050 $ 49,691 $303, 000 $303,000 290 June 1. 1999 REHABILITATION DMA Plaza, Inc. - Exterior structural rehabilitation Grant request for CDBG and HOME funds for exterior rehabilitation of DMA Plaza which provides 126 units of low-cost affordable housing to elderly/disabled people living on fixed incomes. Request. $100,000H Recommendation: $0 $282,325 NON-FEDERAL SHARE City of Fort Collins - Matching funds for Job Access and Reverse Commute Grant Grant request to provide one-half (112) of the matching funds for a Job Access and Reverse Commute Grant. Transfort/Dial-A-Ride will provide the remaining local match. Request: $73,000 Recommendation: $0 PUBLIC FACILITIES Respite Care, Inc. Grant request to add a bathroom, remove current food storage area, add shelving, and change lighting in the administrative area of the Respite Care facility. Request. $54, 000 Crossroads Safehouse, Inc. Recommendation: $25,000 Grant request to repair flat and steep roofs over children's playroom of the Crossroads Safehouse Shelter. Request. $4,000 Recommendation: $2,000 291 June 1, 1999 Fort Collins Area United Way, Inc. Grant request to help accomplish a safety renovation of United Way Day Care Center including replacement ofsubstandard flooring in classroom and bathroom areas. Request: $19, 092 Recommendation: $5, 000 PUBLIC SERVICES (15% of CDBG Entitlement Grant and Program Income) New Bridges, Inc. - Daytime Shelter Grant request to help provide operational expenses of a daytime shelter and service referral center for the homeless. Request: $23,000 Recommendation: $15,000 Disabled Resource Services - Youth Employment Program Grant request to help provide funds for the Supported Youth Employment Program which helps disabled youth participate in summer job training experiences. Request: $24,000 Recommendation: $16,500 Child Care Collaborative Project - Tuition Assistance Grant request to help provide funds for the Sliding Scale Child Care Tuition Assistance Program. Eligibility requirements are based on income and requires adults to be working towards economic self-sufficiency. Request: $56,304 Recommendation: $56,304 Catholic Charities Northern - Seniors and Frail Elderly Program Request for funds to provide services for seniors and frail and homebound elderly who are unable to access community resources because of lack of knowledge or other barriers such as cultural or language. Request: $6,000 Recommendation: $2,000 292 June 1, 1999 Catholic Charities Northern -Nighttime Shelter Grant request to help provide operational expenses ofa shelter (The Mission) and supportive services (Hope Job Bank) for the homeless. Request: $15, 000 Recommendation: $10,046 Education and Life Services - Adult Literacy Services Program Grant request to provide operating expenses for the Adult Literacy Services Program which provides tutor training for literacy volunteers, maintaining the READ -UP collection, responding to inquires, and coordinating other related adult literacy services. Request: $16,849 Recommendation: $12,000 Project Self -Sufficiency - Project Self -Sufficiency Grant request to provide funds for the Supportive Services for Single Parent Families Program which assists participants in outlining steps towards accomplishment of both career and personal/family goals. Request: $20,000 Recommendation: $20,000 Neighbor -to -Neighbor, Inc. - Housing Counseling Program Grant request toprovide partial fundsfor the operation oftheHUD certified Comprehensive Housing Counseling and Case Management Program which provides assistance to people along all points of the housing continuum from homelessness to home ownership to options for older adults. Request: $25, 000 Recommendation: $20,000 Food Distribution Center - Refrigerated Boxes for Trucks Grant request to provide refrigerated boxes on two trucks needed to carry perishable food. Request: $29,000 Recommendation: $9,000 WAI June 1, 1999 Lutheran Family Services - Prevention of Child Abuse Program Grant request to provide partial funding for the Fostering Family Strengths: Prevention of Child Abuse Program which is designed to prevent child abuse and neglect by helping families learn to interact in healthy non-violent ways. Request: $8, 000 Recommendation: $0 Healthy Start, Inc., d/b/a Children's Clinic - Counselor Grant request to provide partial funding for the salary of a counselor in the Financial Counseling and Child Health Plan Enrollment Program. Request: $20,140 Recommendation: $0 The Woman's Center of Larimer County - Child Care Resource and Referral Program Grant request to providepartial funding for the Child Care Resource and Referral Program which provides free education, consultation, and referral services to parents; technical assistance to child care providers; and supply and demand information to decision -makers and the general public. Request: $7, 000 Recommendation: $0 Northern Colorado Health Network, Inc. - Northern Colorado Aids Project Grant request to provide partial funding for the Northern Colorado Aids Project which attempts to decrease the incidence ofHIV in the community and ensure those living with HIV are in appropriate medical care. Request: $15,000 Recommendation: $15,000 Total amount of CDBG and HOME funding requested = $4,681,072. A summary of the Commission's CDBG funding recommendation by category for the total amount of funds available is as follows: 294 June 1, 1999 RECOMMENDED % of FUNDING TOTAL CATEGORY $ 121,900 10.0 PLANNING and ADMINISTRATION (Maximum $243,800 based on 20% of Entitlement Grant and Program Income) 882,250 72.4 HOUSING 32, 000 2.6 PUBLIC FACILITIES 182,850 15.0 PUBLIC SERVICES (Maximum $182, 850 based on 15% of Entitlement Grant and Program Income) $1,219,000 100.0 TOTAL A summary of the Commission's HOMEfunding recommendation by category for the total amount offunds available is as follows: RECOMMENDED % of FUNDING TOTAL CATEGORY $ 61,500 9.4 ADMINISTRATION ($61, 500 based on 10% of HOME Grant) 595,559 90.6 HOUSING $ 657,059 100.OTOTAL The total amount of CDBG and HOME funding requests considered by the CDBG Commission was approximately $4.7 million, however, only $1.9 million of CDBG and HOME funds were available. With the amount of total requests far exceeding available funding, obviously not all applications could be funded. Due to HUD funding limitations, some Public Service applications received no funds or less funds than requested in order to keep the generic category within program maximums. No applicant is recommended to receive more funds than requested. The CDBG Commission has recommended full fundingforseven (7) proposals. In the Commission's opinion, the seven applications recommended for full funding best fit CDBG Program national objectives, HOME Program purposes, the City CDBG policies (presented in Appendix "A'), the selection criteria, and the funding guidelines. The Commission's reasoning for full funding are presented in the attached minutes of the May 6 meeting. Proposals which did not receive full funding were deemed of a lower priority and, in some cases, a lack offunds, program category limitations (especially in the Public Services category), or funding guidelines prohibited their full funding. The Commission's reasoning for partial funding are presented in the attached minutes of the May 6 meeting. 295 June 1, 1999 The Commission has recommended no funding for eight (8) proposals. Again, the Commission's reasoning for recommending no funding are presented in the attached minutes of the May 6 meeting. " Ken Waido, Chief Planner, presented background information regarding the item and noted that any increase in an allocation of dollars to a particular agency must be offset by a decrease in funding elsewhere. He stated that the public service category is limited by statute to 15% of CDBG funds. Jeff Burnell, 2500 East Harmony Road, expressed concern regarding what is happening in the mobile home park. Eleanor Sorenson, 2500 East Harmony Road, expressed concern regarding rent increases in the mobile home park. Betty Maloney,1309 CityPark Avenue, spoke regarding the importance of allocating CDBG dollars for affordable housing and expressed concerns about the Harmony Mobile Home Park situation. Tammy Cain, Harmony Mobile Home Park resident, spoke regarding the rent increases in the mobile home park and the importance of residents owning the land under their homes. Bill Steffes, CDBG Commission Chair, described the competitive process to review applications and allocate limited funds and noted that the Commission had a number of concerns regarding the Harmony Mobile Home Park project: (1) the ability to complete the project within the two-year period of time allotted; (2) the applicants applied for 5016 but are not qualified to apply at this time; and (3) the applicants have no control of the land on which they are trying to build. He stated that the Commission determined that the project is not feasible at this time and that other projects fill a greater community need. He noted that about 100 of the 400+ units in the mobile home park expressed an interest in moving. Councilmember Mason asked if the AMI was determined for this project. Mr. Steffes stated that the applicant did not indicate the AMI on the application. Councilmember Bertschy asked how many units the total funding would support among the various projects and how many projects are being funded. Mr. Steffes stated that five housing projects are recommended for funding and that the AMI for these projects is below 80%. Waido summarized the housing projects recommended for funding. Chuck Dehn, spokesperson for Harmony Mobile Home Park, spoke regarding the financial hardship experienced by park residents, expressed concern regarding the use of federal funds to build apartments that would be owned by the landowner in 20 years, and favored the use of funds to encourage home ownership and to address the needs of current residents. He stated that the application was submitted by the deadline under the guidelines provided, that the applicant has 296 June 1, 1999 applied for the 5010, and that the applicant would have two years to get the project going. He stated that his group is exploring options for land acquisition, including a partnership with Natural Resources. He spoke regarding the need for affordable housing in Fort Collins. Jeff Burnell, 2500 East Harmony Road, spoke regarding the situation at Harmony Mobile Home Park. Eleanor Sorenson, 2500 East Harmony Road, expressed concerns regarding the rent increases in the mobile home park. Don Sidler, disabled Harmony Park resident, asked for the Council's help with the mobile home park situation. Marlene Price, 2500 East Harmony Road, spoke regarding rent increases and the hardship of moving her home. Margaret Goldsmith, 2500 East Harmony Road, expressed concern regarding rent increases and the difficulty of selling units in the park. Ellie Jones, Harmony Park resident, spoke regarding the high rent and the need to start a new park to allow residents to buy their own lots. Steve Thompson, Board of Directors of Harmony Mobile Home Park homeowners' association, spoke regarding the plan to acquire land to encourage affordable home ownership for the residents of the mobile home park. Bill Bradley, 2500 East Harmony Road, spoke of rent increases at the mobile home park. Councilmember Byrne asked for information regarding the discussions ofpark residents with Natural Resources. Greg Byrne, CPES Director, stated that based on direction from the previous Council that staff is exploring affordable housing partnerships for a parcel of land that could be acquired for natural areas and that is partially suitable for an affordable housing development. Councilmember Byrne asked about the rationale for looking at future needs rather than addressing current needs and asked if the Harmony Mobile Home Park project has received adequate scrutiny. Waido spoke regarding the priority affordable housing needs and strategy report, which showed that the biggest need is for rental housing and for incomes below 50% of AMI. The strategy is for about 70% of available dollars to go to rental projects and about 30% to home ownership and to focus the limited dollars available toward the greatest need in a competitive process. Councilmember Byme asked if other alternatives have been explored. Waido emphasized the competitive nature of the process for allocation of funds. 297 June 1, 1999 Mayor Martinez asked if the process is based on need as well as competition. Waido stated that the applications compete with each other and that the strategy is to focus the limited resources on the biggest need. Joe Frank, Director of Advance Planning, stated that staff is recommending that the CDBG Commission's recommendation should be followed and that the Harmony Mobile Home Park applicants should partner with another entity that has experience, explore HUD technical assistance in putting together a viable project, and seek assistance from Funding Partners for Housing Solutions. He stated that staff will be requesting additional funds for these types of projects in the next budget. Councilmember Weitkunat asked if the project must be in the City to receive funding and asked about the criterion regarding control of the land. Waido stated that any property to be developed should be in the City. Mr. Steffes stated that the applicant currently has no control of the land. Councilmember Bertschy asked about the criterion of successful completion as applied to the Coachlight and Concorde Capital projects in light of the partial funding to be provided. Waido stated that these agencies have other available resources and will use the City dollars for leverage to complete the projects. Councilmember Kastein asked about the feasibility of the Harmony Mobile Home Park home ownership plan. Mr. Steffes stated that the Commission will not turn an application away just because it is for home ownership instead of rental and noted that more dollars are needed for home ownership instead of rentals. He stated that there are concerns regarding the chronological feasibility of the project. Councilmember Kastein asked if AMI was indicated on the Harmony Mobile Home Park application. Mr. Dehn stated that 80% of the people in the park will fit within the AMI guidelines. David Gordon, CDBG Commission member, stated that the application did not specifically indicate the current income of park residents. Chuck Dehn spoke regarding the income surveys that were done in the park and asked for a commitment from the City to help address the mobile home park issues. Mr. Steffes stated that the application form asks for the final AMI of the project to help in the determination of community need in comparison with other projects. Councilmember Bertschy noted that the need for dollars is considerably more than the dollars available, and that a number of other projects are recommended for no funding. Councilmember Mason stated that there is a community need and that staff has voiced ideas regarding how the applicant should proceed for next time. He asked that staff make a commitment to assist the applicant with obtaining professional help to put an application together for next year. Councilmember Wanner made a motion, seconded by Councilmember Bertschy, to adopt Resolution 99-70. June 1, 1999 Councilmember Mason spoke regarding the recent adoption of an affordable housing policy and asked that information regarding the policy be shared with the new Council and with the Harmony Mobile Home Park applicant. Councilmember Wanner spoke in support of the CDBG Commission recommendations and stated that the issue is whether the proposal is complete enough to be placed ahead of other projects that have more complete proposals and are ready to proceed. Councilmember Bertschy acknowledged the work of the CDBG Commission and staffregarding the process and stated that the need is greater than the available dollars. He noted that affordable housing is a serious issue in the community and that there maybe a need to deal with other situations regarding similar manufactured housing communities in the future. Councilmember Byrne stated that he would support the motion and spoke regarding the Harmony Mobile Home Park situation. Councilmember Weitkunat spoke in support of the motion and expressed appreciation for the work of the CDBG Commission in a difficult situation. Councilmember Kastein asked for clarification regarding administrative cost. Waido spoke regarding the administrative budget for the program. Mayor Martinez spoke regarding the rising cost of housing and the unfortunate Harmony Mobile Home Park situation. The vote on the motion to adopt Resolution 99-70 was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED. Councilmember Bertschy made a motion, seconded by Councilmember Weitkunat, to adopt Resolution 99-71. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED. Councilmember Wanner made a motion, seconded by Councilmember Weitkunat, to adopt Ordinance No. 96, 1999 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byme, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED. R June 1, 1999 Councilmember Bertschy spoke regarding the HOME program. Councilmember Bertschy made a motion, seconded by Councilmember Weitkunat, to adopt Ordinance No. 97, 1999 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED. Items Related to Amending the Land Use Code, Adopted on First Reading The following is staff s memorandum on this item. "Executive Summary A. First Reading of Ordinance No. 98, 1999, Amending the Harmony Corridor Plan and the Design Standards and Guidelines. B. First Reading of Ordinance No. 99, 1999, Making Various Amendments to the City of Fort Collins Land Use Code. Staff has identified 20 Code amendments for consideration at this time. In addition to the LUC amendments, amendments to the Harmony Corridor Plan and Harmony Corridor Design Standards and Guidelines are recommended to address the issue of convention and conference centers in the Harmony Corridor. BACKGROUND: The Land Use Code was first adopted March 27, 1997. In an on -going effort to refine the Code and resolve implementation issues that come up during its use, a regular, twice -a year process was established to ensure timely reaction to these issues. This staff report and accompanying issue summaries, resolution and ordinances represent the spring cycle of 1999. Suggestions for Code amendments are solicited from those Boards and Commissions that either work directly with the Land Use Code (such as the Planning and Zoning Board) or are responsible for programs that are implemented through the Code (such as the Natural Resources Advisory Board) and City staff that directly work with the Code and those outside the City organization that depend on staff interpretation of the Code. Two amendments have been identified as warranting discussion: 300 June 1, 1999 • Convenience stores with fuel sales; and, • Requirements for timely progress on development review projects. All other amendments are considered minor in nature. CONVENIENCE STORES WITH FUEL SALES Problem Statement Recent annexations have promoted an evaluation of a variety of issues surrounding how "Convenience retail stores with fuel sales" are addressed in the Code. Specific issues include: C. Where should "convenience retail stores with fuel sales be allowed in Fort Collins"? Specifically, should these uses be allowed in the MMNzone? B. Are the definitions relating to these uses clear and appropriate? Solution overview: The Land Use Code now allows Convenience retail stores in the MMNzone. Upon detailed review of the City Plan Principles and Policies, staff is recommending that these uses should not be permitted in this zone. Staffalso recommends that a number ofclarifzcations be made to the various definitions related to these uses. This issue wasfrstbroughtforwardforconsideration last spring. However, someproperty owners that had recently been placed into the MMNzone expressed concerns that these changes represented a significant change in the permitted uses within the zone. These property owners requested that the changes not be made. Council gave staff direction to delay implementation of these code revisions for one year to give the affected property owners a period of time to complete any pending transactions that may have been based on the assumption that C-stores with fuel sales would continue to be permitted in the MMNzone. Attachment 1 is a copy of a memo from Ken Waido dated March 11, 1998 that provides additional information on this issue. 301 June 1, 1999 REQUIREMENTS FOR TIMELYPROGRESS ONDEVELOPMENT REVIEW PROJECTS Problem Statement While the development review process is sometimes a lengthy procedure between application and final approval, occasionally, applicants will elect not to actively pursue projects that have been submitted or will make submittals prior to changes in regulations only to let the application languish without significantprogress. Because land use regulations change andsub-areaplans get adopted, it is desirable to process development applications against the most current regulations possible. When projects do not respond to City comments in a timely fashion, it is appropriate to require resubmittal and compliance with the most recent regulations. However, for those projects that have been in the system an extended time and have continued to try to address City concerns, it is appropriate to continue to review them against the regulations in effect at the time ofsubmittal. Proposed Solution Overview The Land Use Code should be amended to include a provision for timely, continuous progress on development applications. Anew section should be included in Section 2.2. H Lapse. This language could apply to existing projects in the development review process by two mechanisms: Beginning the time period at the time of the next comment letter from the City; or, Resending the last comment letter with notification that the time period is being applied. The proposed language change would be inserted in Section 2.2.11: Step H: Lapse (A) Application Submittals. An application submitted to the Cityfor the review and approval of a development plan must be diligently pursued and processed by the applicant. Accordingly, the applicant, within ninety (90) days of receipt of written comments and notice to respond from the City on any submittal (or subsequent revision to a submittal) of an application for approval of a development plan, shall file such additional or revised submittal documents as are necessary to address such comments from the City. If the additional submittal information or revised submittal is not filed within said period of time, the development application shall automatically lapse and become null and void. The Director may grant one (1) extension of the foregoing ninety (90) day requirement, which extension may not exceed thirty (30) days in length. This subsection (A) shall apply to applications which are, or have been, filed pursuant to this Land Use Code and to applications which are, or have been, filed pursuant to the laws of the Cityfor the development of land prior to the adoption of this Land Use Code. 302 June 1, 1999 HARMONY CORRIDOR PLAN AND HARMONY CORRIDOR DESIGN STANDARDS AND GUIDELINES The recommended addition of convention and conference centers to the HC - Harmony Corridor Zone District, requires the amendment of both the Harmony Corridor Plan and the Harmony Corridor Design Standards and Guidelines in addition to the Land Use Code. Specifically, Chapter 3 of the Corridor Plan, Policy LU— 2 would be amended to include convention and conference centers as a permitted secondary use. The section of the Harmony Corridor Design Standards and Guidelines dealing with Land Use andLocational Standards and Guidelines would also be amended to include convention and conference centers as a permitted secondary use. PUBLIC OUTREACH City staff held a public open house to review the proposed Code amendments on March 30, 1999 in the conference room at 281 North College Avenue. The open house was attended by 5 individuals to receive advance copies of the proposed changes. No issues were discussed. The proposed changes were also presented to the Home Builders Association at a lunch meeting on April 22. Concerns were expressed over the proposed time frame for required responses to development review comments (Item # 203). Questions were also raised as to the possibility of phasing vested rights timelines for approved projects. PLANNING AND ZONING BOARD RECOMMENDATION: On Thursday, May 20, 1999, the Planning and Zoning Board voted 6-0 to forward a recommendation of approval for the attached amendments to the Harmony Corridor Plan, the Harmony Corridor Design Standards and Guidelines and the Land Use Code with the exception of item #129, Convenience Stores With Fuel Sales. The Board voted 5-1 to forward a recommendation of approval on that item. No indication regarding the negative vote was provided by the Planning and Zoning Boardmember. " Bob Blanchard, Director of Current Planning, presented background information regarding the two proposed amendments to the Land Use Code. He stated that 20 recommendations for changes are included in the amendments and highlighted two significant amendments: (1) removal of convenience stores with fuel sales from the MMN zone, and (2) requirements for timely progress on development review projects. Pat O'Donnell, 2604 South Taft Hill Road, spoke regarding the impact on his property of the change to remove convenience stores with fuel sales from the MMN zone and requested tabling of the change or, if the Council does choose to vote on the change, that he have an additional 12 months to finish his plans for the property. 303 June 1, 1999 Councilmember Weitkunat asked for clarification that the proposed change would apply to convenience stores with fuel sales. Blanchard replied in the affirmative. Ken Waido, Chief Planner, stated that gas stations, except for convenience stores with fuel sales, are currently prohibited in the MMN zone. Councilmember Kastein asked what provisions exist to change zoning if it determined that there is a need at a particular location for a convenience store with fuel sales. Waido spoke regarding planning for neighborhood commercial centers, which would include fuel sales. Councilmember Byrne asked for clarification that no proposals have been received that are in conflict with the proposed fuel sales change and asked about the status of Mr. O'Donnell's proposal. Blanchard stated that no such proposals are in the current development review process, although several such proposals are in conceptual review, and he summarized the conceptual review process. He noted that two property owners who raised issues received a twelve-month extension to give them an opportunity to complete any pending deals under the existing guidelines. Councilmember Bertschy made a motion, seconded by Councilmember Mason, to adopt Ordinance No. 98, 1999 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED. Councilmember Bertschy asked if developers and homebuilders have had an opportunity to provide feedback regarding the Land Use Code amendments. Blanchard stated that staff has met with the Homebuilder's Association and that developers have an opportunity to point out problems during the development review process, at open houses, and at the Planning and Zoning Board public hearing. Councilmember Mason asked if the process to review numerous changes to CityPlan every six months should be replaced with a process to review a few changes monthly. Greg Byrne, CPES Director, spoke regarding the length of the public review process and the process for review by Boards and Commissions and the Council Growth Management Committee. Councilmember Byrne asked about the spacing requirements for gas stations. Greg Byrne outlined the spacing requirement. 304 June 1, 1999 Councilmember Weitkunat spoke regarding the need for regular housekeeping changes to the Land Use Code and the lengthy process regarding significant changes. Councilmember Kastein spoke regarding the need to think creatively to solicit input from the public as a whole. Councilmember Weitkunat made a motion, seconded by Councilmember Wanner, to adopt Ordinance No. 99, 1999 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers Bertschy, Byrne, Kastein, Martinez, Mason, Wanner and Weitkunat. Nays: None. THE MOTION CARRIED. Other Business Councilmember Kastein spoke regarding item #17 First Reading of Ordinance No. 93, 1999, Amending Section 20-25 of the City Code by Exempting the City from Liability for any Noise Emanating From any Public Right -of -Way and requested additional information about how property owners' rights to construct barriers to noise are being heard and what qualifications are being used to approve or deny those requests. Deputy City Manager Jones stated that additional information can be prepared prior to Second Reading of the Ordinance. ^ Councilmember Byrne spoke regarding the issue of placing noise barriers on public right-of-way. City Attorney Roy commented regarding noise barrier review criteria in the Land Use Code and stated that staff could prepare information regarding those review criteria. Councilmember Bertschy asked for additional information regarding the policy on surplus property disposition. The meeting adjourned at 8:20 p.m. i TTEST l - Y�u City Clerk Adjournment K1101