HomeMy WebLinkAboutMINUTES-08/02/1994-RegularAugust 2, 1994
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting - 6:30 p.m.
A regular meeting of the Council of the City of Fort Collins was held on Tuesday
August 2, 1994, at 6:30 p.m. in the Council Chambers of the City of Fort Collins,
City Hall. Roll call was answered by the following Councilmembers: Azari,
Janett, Horak, Kneeland, McCluskey and Smith.
Councilmembers Absent: Apt
Staff members present: Jones, Krajicek, Roy.
Citizen Participation
Marge Michaux, 1672 Riverside Ave., spoke of economic development concerns.
Agenda Review
Deputy City Manager Diane Jones requested that Item #24, Resolution 94-118 Making
Findings of Fact Regarding Upholding the Zoning Board of Appeals' Denial of a
Variance Requested for the Property at 122 W. Laurel Street, and Item #28,
Resolution 94-122 Making an Appointment to the Golf Board, be withdrawn from the
Consent Agenda. She clarified the purpose of withdrawing Item #28, was due to
a request from the candidate.
Consent Calendar
This Calendar is intended to allow the City Council to spend its time and energy
on the important items on a lengthy agenda. Staff recommends approval of the
Consent Calendar. Anyone may request an item on this calendar be "pulled" off
the Consent Calendar and considered separately. Agenda items pulled from the
Consent Calendar will be considered separately under Agenda Item #31, Pulled
Consent Items.
7.
8. Items Relating to the Wild West Annexation and Zoning.
A. Second Reading of Ordinance No. 104, 1994, Annexing Property Known
as the Wild West Annexation.
B. Second Reading of Ordinance No. 105, 1994, Amending the Zoning
District Map Contained in Chapter 29 of the Code and Classifying for
Zoning Purposes the Property Included in the Wild West Annexation to
the City of Fort Collins.
57
91
10.
11.
August 2, 1994 '
nn prinr vuar
In 1992, City Council adopted the Service Productivity Incentive Policy,
effective for 1992 and years thereafter. The goal of the policy is to
provide a framework within which a manager can develop a long-range
strategic plan for service delivery rather than rely on a short-term,
line -item cost approach.
An operating manager that has unspent and uncommitted appropriations as a
result of increased productivity and operational efficiency can carry-over
those dollars in their own reserve savings account. Managers may request
the use of the savings through the City Manager and City Council must
approve the request by an appropriation ordinance. Use of productivity
savings will be presented to Council twice a year for appropriation in the
current year.
The total available savings from the inception of this program (1992) to
year end 1993 from increased productivity and operational efficiency
amounts to $825,784. Several service programs have requested use of the
savings and the City Manager has approved the following for Council
consideration. Ordinance No. 108, 1994 was unanimously adopted on First
Reading on July 19.
The City and the County own the property located at 226 West Mountain
Avenue. The property is being used as the Mountain Cafe. Since 1991, the
lease has been with Khalil Kamandy, and managed by Moe Kamandy. It is
time to renew the lease and Moe Kamandy is taking over the business for
his brother. As a result, staff has negotiated a one-year lease with the
option for two one-year renewals. Upon checking with both the City and
County Facilities Divisions, the potential three-year lease does not
impact the projected development of Block 31 since development of the
Block is not scheduled during this period.
Ordinance No. 112, which was unanimously adopted on First Reading on July
19, authorizes the Mayor to execute the lease for 226 West Mountain
Avenue. The lease will be considered by the County Commissioners.
John McCoy is developing Raintree Townhomes P.U.D. located between Rolland
Moore Park to the north and the Senior Center to the south. Raintree
M.
12.
13.
August 2, 1994
Townhomes P.U.D. was approved by Planning and Zoning Board on November 15,
1993.
Public Service Company needs a ten foot wide easement for a gas line to
serve this development. The easement would be parallel to the east
property line of the Fort Collins Senior Center site. Ordinance No. 113,
1994 was unanimously adopted on First Reading on July 19.
Since opening in 1976, the Library has served 5.4 million people and
checked out 11,469,467 books. The annual circulation is 1.1 million
items. The existing furnishings are those that were originally installed
in 1976. Oak framed chairs can be re -foamed and reupholstered; other
chairs need replacement. Over time chairs and tables have been damaged
and discarded; the quantity of seating is insufficient to serve library
customers. The Circulation Desk which is the hub for the high volume of
check in and out is in poor physical condition. It is also not ergonomic
for computer use or for the high volume of customer traffic. The stands
used for Public Access Computers are the wrong height and inadequate for
comfortable use by customers.
Technology has now advanced to the point where customers can check out
materials without the aid of staff. Two Self Check units and five receipt
printers are part of this recommendation. Both would speed customer
service and allow for staff to have time to handle more complex customer
service duties. Staff projects the Self Check will service up to forty
percent (40%) of patrons checking out materials. The 40% using the Self
Check will dramatically reduce the length of lines and allow staff to more
adequately meet customer service needs.
These improvements are considered critical because the physical appearance
of the Library is unsightly and uncomfortable for the customer. Properly
designed workspaces will allow staff to be more productive in the use of
technology. In both cases the direct recipient is the Library customer.
The Library is heavily used; these funds will send a strong message to
customers that they.are important. This issue is important to the Library
Board who presented this as its top budget priority.
The Library's Literacy Services Program (Literacy Services), will work
with the Larimer County Adult Literacy Network (all adult literacy direct
service agencies) by providing: teaching materials, space for tutoring,
tutor training, referrals, literacy awareness events, a newsletter and
operational support to the Network.
59
August 2, 1994 '
Literacy Service will enable the Fort Collins Public Library to continue
to be actively involved with the marginally literate adult learners of the
community by providing a special collection of teaching/learning
materials, space to learn new skills and in-depth orientation to the
library. Program staff will also provide workshops for library personnel,
friends of the library and community organizations to enable them to
better serve the marginally literate adult learners and their tutors.
The Library Services and Construction Act funds are distributed by the
United States Department of Education. The project begins October 1, 1994
and ends September 30, 1995.
14.
This Ordinance appropriates $30,000 in prior year reserves in the General
Fund for Special Services. The Fort Collins Public Library receives
monetary gifts and donations on an ongoing basis. This revenue, captured
under Reserve for Library donations, is used to fund special projects such
as the Children's Summer Reading Program, Local History Photograph Fund
and Friends of the Library reimbursed library projects. $30,000 of these
funds was initially appropriated in the library's 1994 budget. The
additional $30,000 is required to meet anticipated needs for special
projects through the end of the year. '
15. First Reading of Ordinance No 118 1994 Approoriating Unanticipated
The Young Adult Collection Development grant project addresses the needs
of young adults in Fort Collins at a time when the community as a whole
faces the compelling problem of increasing youth violence. It provides
additional books, magazines, compact disks, CD Rom reference sources,
decor, services, and programming for our new Mini Library which will be
located in south Fort Collins. Library staff project a high use by youth
and children. The LINC (Library Information Networking a Community) funds
are enhancing City funds and expanding resources for children. This grant
allows the City to do the same for youth. The project will service youth
library needs and also further community goals of providing more positive
alternative activities for our youth.
The Library Services and Construction Act funds are distributed by the
Colorado Department of Education (State Library). The project begins July
1, 1994 and ends June 30, 1995. Library materials will be purchased
immediately and the programming will be held next Spring.
rug
16.
17.
August 2, 1994
US West Communications is requesting a 10' easement for an underground
telecommunications cable. This new line is needed to serve the
development (Hampshire Pond P.U.D.) directly west of this site. The land
is part of the Storm Water Utility. In the future, Storm Water will be
constructing a major detention pond for the area. Storm Water and US West
Communications staffs have met to discuss alignment. Agreement has been
reached that this alignment will not impact future development by the
Storm Water Utility.
The City acquired Ridgeview Park near Clarendon Hills in 1991. This ten
acre undeveloped park site adjacent to McGraw Elementary School contains
an old farm with fourteen (14) small buildings on it. The property was
purchased from Poudre R-1 School District. In recent months a development
proposal has been initiated to build 100 housing units on the remaining 50
acres around the school and park. It is estimated that residential
' development will begin this summer. Staff believes that the farm
buildings may attract trespassers once housing in the area becomes a
reality. Council has authorized the City to convey the farm house
(Ordinance No. 80, 1994) to the Fort Collins Housing Authority.
An historic analysis was conducted on the house and the barn by Cultural
Resource Historians at the recommendation of Carol Tunner in the Historic
Preservation Office. An April 5, 1994 report indicates that the buildings
are not distinctive structures and are not recommended for historic
preservation.
18. First Reading of Ordinance No. 121, 1994 Appropriating Prior Year Reserves
in the Recreation Fund.
The recreation fee policy, adopted by City Council in 1990, provides for
the establishment of reserves with any excess fund balance. Fund balance
is achieved by either not spending the entire annual appropriation or by
generating more revenue than projected in a given year. The priority use
of any excess balance is to maintain an operating reserve, which is to be
7% of the program portion of the fund. The recreation fund currently
maintains this operating reserve at the level required by the policy.
Secondary priorities for using excess fund balance are 1) to fund
equipment and repair needs to make improvements in facility infrastructure
and equipment; 2) to fund capital needs to maintain safety and improve
' service delivery; and 3) to fund new programs.
61
19.
20.
21.
August 2, 1994 '
This request, totalling $155,900, is to fund equipment replacement,
facility repairs and improvements, and no -fee youth programs.
This Ordinance requests appropriations, totalling $29,340 from Cultural
Services & Facilities Fund, Lincoln Center Unreserved Fund Balance. The
Lincoln Center Unreserved Fund Balance at the end of 1993 was $35,651.
Approval of this Ordinance would lower the Unreserved Fund Balance to
$6,311.
The Landmark Rehabilitation Grant Program is designed to increase the
quality, integrity and permanence of the City's historic landmarks for the
enjoyment and benefit of present and future citizens of the City by making
available to the owners of locally designated landmarks, or contributing
structures, in local landmark districts a source of funding for exterior
rehabilitation of such structures.
The resolution for this grant program, (a) enables grants to be made
available, upon appropriation, of up to $2,500 for residential '
rehabilitation projects or up to $5,000 for commercial rehabilitation
projects; (b) establishes that grant recipients must provide matching
funds in an amount at least equal to the amount of the grant; and, (c)
establishes the type of exterior rehabilitation for which the matching
funds provided by the grant recipient may be applied.
The applicant, Frank Vaught of Vaught -Fry Architects, Inc., on behalf of
the property owners, Wally Noel and the Fort Collins -Loveland Water
District, has submitted a written petition requesting annexation of
approximately 282 acres located west of Overland Trail and north of
Prospect Road (extended).
The proposed Resolution makes a finding that the petition substantially
complies with the Municipal Annexation Act, determines that a hearing
should be established regarding the annexation, and directs that notice to
be given of the hearing. The hearing will be held at the time of first
reading of the annexation and zoning ordinances. Not less than thirty
days of prior notice is required by Colorado law.
The property is located within the Fort Collins Urban Growth Area.
According to policies and agreements between the City of Fort Collins and
Larimer County contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT '
62
' August 2, 1994
COLLINS URBAN GROWTH AREA, the City will consider the annexation property
in the UGA when the property is eligible for annexation according to state
law. The property gains the required 1/6 contiguity to existing city
limits from a common boundary with the Fort Collins -Loveland Water
District Pump Station Annexation to the east and the South Foothills, the
Foothills 3rd, and the Maxwell Open Space Annexations to the south.
1
22.
23.
If the Council passes the Resolution, the annexation process will proceed
and the Planning and Zoning Board will conduct a public hearing on the
request for annexation and zoning at its regular monthly meeting on August
22, 1994, and will make its recommendation at that time. The Board's
recommendation will be forwarded to the City Council in time for the
public hearing and first readings of the annexation and zoning ordinances
scheduled for September 6, 1994. The Council's passing of the Resolution
does not commit the City to eventual approval of the annexation request.
If the.Council does not pass the Resolution, the annexation process will
not proceed and the property -owner could then seek development approval
through Larimer County.
On June 20, 1994, an appeal of the June 6, 1994, final decision of the
Planning and Zoning Board to approve the Falcon Ridge P.U.D. Preliminary
Plan was filed by Appellant Gerald Manning (representing a group of
appellants).
On July 19, 1994, City Council voted 7-0 to uphold the decision of the
Planning and Zoning Board. In order to complete the record regarding this
appeal, the Council should adopt a Resolution making findings of fact and
finalizing its decision on the appeal. .
On June 20, 1994, an appeal of the June 6, 1994, final decision of the
Planning and Zoning Board to approve the Falcon Ridge P.U.D. Preliminary
Plan was filed by Appellants Robert B. and Rosemary Powers.
On July 19, 1994, City Council voted 7-0 to uphold the decision of the
Planning and Zoning Board. In order to complete the record regarding this
appeal, the Council should adopt a Resolution making findings of fact and
finalizing its decision on the appeal.
63
24.
25.
August 2, 1994
The appeal by the affected parties -in- interest was based on allegations
that:
The Zoning Board of Appeals did not properly interpret and apply the
relevant provisions of the City Code in making its decision by
considering only "topographical" and related dimensional conditions
of the property; thereby did not properly consider "other
extraordinary and exceptional situations or conditions," which
result in exceptional and undue hardship upon the owner.
At the July 19, 1994 appeal hearing, Council considered the testimony of
City staff, the appellant, and proponents for the appellant. Council
determined that the Zoning Board of Appeals did properly interpret and
apply the relevant provisions of the City Code in making its decision, and
the Council upheld the Zoning Board of Appeals' decision denying the
variance which would have reduced the minimum lot -area -to -floor -area ratio
prescribed in the City Code.
On June 6, 1994 the Planning and Zoning Board voted 6-0 to approve the
Indian Hills Village PUD final plans with conditions regarding execution
and filing of the utility plans and development agreement, height of homes
on Lots 40 and 47, a variance to allow 7' wide on -street parking, and
incorporation of a neighborhood agreement into the development agreement.
On June 20, 1994 an appeal of the Board's decision was filed by homeowners
on Busch Court, an adjacent neighborhood.
On July 26, 1994, Council voted 7-0 to uphold the decision of the Planning
and Zoning Board concerning the Indian Hills Village PUD final plans. In
order to complete the record regarding this appeal, the Council should
adopt a Resolution making findings of fact and finalizing its decision on
the appeal.
26. Resolution 94-120 Accepting the Advisory Opinion and Recommendation No. 1
of the Ethics Review Board.
Section 2-569(e) of the City Code now provides that all opinions and
recommendations of the Council Ethics Review Board be submitted to the
full Council for review and approval. The Ethics Review Board met on July
26, 1994, to consider a question pertaining to the ability of members of
the City's Affordable Housing Board to participate in recommendations to
the Council regarding programs for affordable housing. That opinion and
64
1
' August 2, 1994
recommendation is being presented to the Council for its review and
approval.
27. Resolution 94-121 Making Appointments to the Multicultural Commission.
On April 5, 1994, the Council adopted Resolution 94-60 which authorized
the Mayor to enter into an intergovernmental agreement with CSU, Poudre R-
1 and the Chamber of Commerce to establish a Multicultural Commission.
Resolution 94-111, adopted by the Council on July 19, 1994, amended the
agreement to include Larimer County, Front Range Community College, and
Poudre Valley Hospital as full parties to the agreement. The purpose of
the Commission is to foster and promote an environment of mutual respect
for all people, regardless of individual differences, and to serve as a
catalyst, facilitator, leader, and energizing force to move the Fort
Collins community toward the attainment of such an environment.
28. Resolution 94-122 Making an Appointment to the Golf Board.
A vacancy currently exists on the Golf Board due to the resignation of
Hank Hoesli.
Councilmembers McCluskey and Smith reviewed the applications on file and
are recommending David Danielson be appointed to fill the vacant term on
the Golf Board which expires July 1, 1995.
29. Resolution 94-123 Making Appointments to the Youth Advisory Board.
At its April 19, 1994 meeting, Council adopted on second reading Ordinance
No. 58, 1994, creating the Youth Advisory Board. The Board was created
(1) to gather information from, and otherwise communicate with, other
groups, organizations and agencies regarding youth -oriented issues and
problems; (2) to document and discuss issues of importance to youth in the
Fort Collins community, specifically as they affect city -operated
services; (3) to review and discuss legislation that may affect youth; and
(4) to recommend to City Council local legislation and policy actions or
changes which would enhance the status of youth in the Fort Collins
community.
30. Routine Deeds and Easements.
Powerline Easement from Janet Blandin and Dorothy Orazem, 825 West
Olive, needed to install secondary vault to underground existing
overhead electric system. Monetary consideration: $10.
Powerline Easement from F. Max Stein, 1212 West Olive, needed to
install secondary vault to underground existing overhead electric
services. Monetary consideration: $10.
65
August 2, 1994 I
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
8. Items Relating to the Wild West Annexation and Zoning.
A. Second Reading of Ordinance No. 104, 1994, Annexing Property Known
as the Wild West Annexation.
9.
10.
II.
36.
B. Second Reading of Ordinance No. 105, 1994, Amending the Zoning
District Map Contained in Chapter 29 of the Code and Classifying for
Zoning Purposes the Property Included in the Wild West Annexation to
the City of Fort Collins.
Second Reading of Ordinance No 114 1994 Amending Section 29-526(D)(2) '
of the City Code to Add Interim Phasing Criteria to the Land Development
Guidance System and Directing City Staff to Develop Certain Proposed Plans
and Policies to Support the Adoption of Long-term Growth Management
Measures.
Items on First Reading were read by title by City Clerk Wanda Krajicek.
66 1
August 2, 1994
No
19.
35.
Councilmember McCluskey made a motion, seconded by Councilmember Smith, to adopt
and approve all items not removed from the Consent Agenda. Yeas: Councilmembers
Azari, Horak, Kneeland, McCluskey and Smith. Nays: None.
THE MOTION CARRIED.
Resolution 94-125
' Supporting Larimer County's Application
to the Colorado Department of Local Affairs
Seeking Inclusion of Certain Additional Areas
Within the Existing Enterprise Zone, Adopted.
The following is staff's memorandum on this item.
"Executive Summary
In February 1993, City Council supported Larimer County's application to the
Colorado Department of Local Affairs for Enterprise Zone designation for several
areas in Fort Collins. New and existing businesses located within designated
areas are eligible to apply and take advantage of state income tax incentives.
Since the establishment of the Zone in 1993, approximately 112 businesses have
filed with the State for income tax credits. The new capital investment reported
by those businesses totals approximately $2.6 million. It has been reported
that 7 new jobs have been created due to the tax. credits available from the
state. According to the Department of Local Affairs, new job creation tends to
lag in the initial years following establishment of the zone, as employers become
aware of specific benefits, such as the new job tax credit.
Expansion of the existing Zone is now being sought by Larimer County in order to
extend state tax benefits to NCR, Hewlett-Packard, and other basic industries
that lie within areas that currently qualify for designation. (Eligibility for
' inc7usion of these particular census tracts is based upon state criteria for per
67
August 2, 1994 '
capita income less than 75% of the state average of $11,115.) In the case of
NCR, Zone designation would enable the company to take advantage of the same
state tax incentives available in Colorado Springs.
The tax benefits available from the State of Colorado to qualified businesses
include the following:
* 3Y Investment Tax Credit on New Equipment
* $500 Job Tax Credit for new Employees
* $200 Job Tax Credit for Employer Health Insurance
* R & D Tax Credit
* Credit to Rehabilitate Vacant Buildings
Agenda materials from the initial Zone designation in 1993 have been attached for
additional background, as has a map indicating current and proposed Zone
boundaries."
Director of Economic Affairs Frank Bruno gave a brief background on the history
of enterprise zones and spoke of some of the businesses that are included in the
zones. He stated the intent is to generate additional business investment and
job creation.
Lew Wymisner, Larimer County Enterprise Zone Administrator, spoke of enterprise
zone tax credits and what the credits could be used for. '
Councilmember Horak made a motion, seconded by Councilmember McCluskey, to adopt
Resolution 94-125.
Roland Mower, President of Fort Collins, Inc., supported the motion.
Susan Green, 621 Laporte Avenue, stated the majority of the land in the proposed
enterprise zone is rural land and stated that the intention of enterprise zone
designation is not to encourage converting rural land into industrial sites. She
asked Council to vote "no" on the resolution.
Brent Backman, Vice-president of Planning for Advanced Energy, spoke of Advanced
Energy's impact on the local economy and spoke in support of expanding the
Enterprise Zone.
Tom McKenna, 3500 Rolling Green Drive, stated all enterprise zones should be
eliminated. He stated allowing large corporations into enterprise zones is like
giving welfare to highly profitable companies. He stated data was not available
reporting the amount of taxes that would be lost.
Jeff Bridges, 725 Mathews, stated he was supportive of expanding the Enterprise
Zone but expressed concerns regarding inclusion of the Poudre River area in the
zone.
I.3
IAugust 2, 1994
Bruce Lockhart, 2500 East Harmony Road, opposed the motion and stated the
original concept behind enterprise zones was to assist blight stricken or
depressed areas.
David Neenan, 1606 Brentford Lane, thanked Council for its support of local
industries and urged adoption of the ordinance.
Paul Thompson, representing the Local Legislative Affairs Committee of the Fort
Collins Chamber of Commerce, stated the LLAC supports the expansion of the
enterprise zone.
Linda Norton, President of the Fort Collins Board of Realtors, spoke in support
of the motion and spoke of importance of expanding local businesses.
Ed Stoner, 2236 Apache Court, supported the motion and emphasized that companies
do not receive credits for transferring from one zone to another.
Councilmember Kneeland supported the motion stating the tax credits allow
companies to invest in the newest technology and equipment.
Councilmember Smith spoke in opposition the motion.
Councilmember Janett stated she believed enterprise zones are a bad state policy
' and opposed the motion. She spoke of the need for development in the North
College area.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Horak, Kneeland and McCluskey. Nays: Councilmembers Janett and Smith.
THE MOTION CARRIED.
Items Relating to
Economic Development. Adopted as Amended.
The following is staff's memorandum on this item.
"Executive Summar
A. Resolution 94-126 Amending the Economic Development Policy of the City of
Fort Collins.
B. First Reading of Ordinance No. 123, 1994 Amending Article VII Chapter 5 of
the Code of the City of Fort Collins so as to Permit the Rebate of Fees
For the Purpose of Economic Development.
The attached resolution amends the City's Economic Development Policy to better
reflect the City's role in the community's economic development approach. In
' addition, language has been added to the Policy stating the City's intention to
69
August 2, 1994 '
work in cooperation with other public and private entities to promote and
encourage workforce training, human resources development, and basic and advanced
skills enhancement.
Ordinance No. 123, 1994, includes a modification to a previous ordinance for the
rebate of development fees that failed on second reading at the May 17, 1994 City
Council meeting. The Council Leadership Team subsequently suggested that
modification be made to the rebate program to provide a method to better
determine the costs and revenues anticipated from a basic industrial firm over
time. The Council Finance Committee considered this item at its meeting on June
9, 1994. In addition, a Council Worksession was held on July 12, 1994, which
provided further direction to staff. Council also suggested that an open house
be held in the evening in addition to the two afternoon/evening sessions that
were held on July llth and 13th. Council directed staff to discuss additional
changes with the Council Finance Committee prior to further Council action. At
its July 21, 1994 meeting, the Council Finance Committee unanimously recommended
that Council. consider this proposal at the August 2, 1994 City Council meeting.
BACKGROUND:
The modification mentioned above involves adding a "first test" financial
evaluation to determine if an incentive makes sense from a municipal finance
standpoint. Staff will weigh the potential direct tax revenues to be received
over time from a basic industrial firm against the cost of providing '
infrastructure to the firm (new streets, street maintenance, and other direct
costs incurred in providing service to the firm). Direct tax revenues include
two types of taxes. The first is property tax which is levied on both real and
personal property. The second type of direct taxes are paid on tangible personal
property and services used by the applicant. These may be paid as a sales tax
to local vendors or by the applicant as a use tax.
The time frame selected for this analysis is twenty years to coincide with the
average life cycle of a new road.
This analysis will be conducted on a present value basis for both costs and
revenues. If the ratio of revenues to costs cited above is at least 2 to 1,
staff would recommend proceeding with further value -based analysis of the firm
including its wages, benefits, environmental impacts and other corporate
policies. Following a positive outcome from this evaluation, staff would prepare
a rebate plan for Council consideration. It should be noted that in no event
shall a rebate for development fees be offered until such time that the City has
received in tax revenues twice the amount of the direct costs of providing
infrastructure to the firm.
Additionally, Council suggested that staff add two important components to the
administrative evaluation criteria. Since the Economic Development policy has
been amended to indicate Council's desire to promote workforce training and human
resources development, staff added a new item to the criteria to determine if a
firm has an established human resources/workforce training program in place. In ,
70
I
August 2, 1994
addition, staff has added a City tax revenue to jobs collected ratio. The
purpose of this calculation is to award points to firms that are capital
intensive, yet not extremely labor intensive. The point is that capital
intensive basic industries tend to employ fewer people but also tend to pay
higher wages. If fewer low -wage jobs are provided there will be less stress on
the community's social service structure, and less demand for municipal services.
In addition to evaluating firms based on this criteria, the City will explore
ways to encourage the strongest possible commitment to workforce training. This
may include specifying that a portion of a rebate be used to match public and
private training funds, as well as examining how other localities and states
address this issue.
Public Meetings Summary:
Public meetings were held on Monday July 11, 1994, from 1:30 p.m. to 5:00 p.m.,
and Wednesday July 13, 1994, from 2:30 p.m. to 6:30 p.m. An additional public
meetings was held on Thursday evening, July 21, 1994, from 6:30 p.m .until 9:00
p.m. Overall approximately 55 people attended the three sessions, with the
majority (65-70Y) in favor of a modest rebate -based program for basic industry.
The use of tax dollars provided by the firm after City costs had been covered was
an important consideration for many individuals. Many felt that rebated fees
would be a good investment in trying to retain local employers and encourage
' their expansion.
Those that oppose the rebate program tended to express the view that Fort Collins
offers enough incentive in that it is a good place to live, and provides many
amenities. In their opinion, financial inducements which use tax revenues that
could have funded other needs and opportunities are unnecessary.
A brief summary of comments received during the three open houses is attached.
In addition, a few examples and graphics of the financial "first test"
relationship of costs to revenues have been attached for further background. The
administrative criteria used by staff to evaluate basic industrial firms has also
been included."
Director of Economic Affairs Frank Bruno gave a brief description of this item
and outlined rebate fees.
Councilmember Kneeland made a motion, seconded by Councilmember Smith, to adopt
Resolution 94-126. Yeas: Councilmembers Azari, Horak, Janett, Kneeland,
McCluskey and Smith. Nays: None.
THE MOTION CARRIED.
Councilmember Horak made a motion, seconded by Councilmember Smith, to adopt
Ordinance No. 123, 1994 on First Reading.
71
August 2, 1994 '
Bruno clarified the language pertains specifically to rebate of development fees,
not impact fees.
Councilmember McCluskey spoke of the Finance Committee decision regarding rebate
fees and believed it to be an improvement over what has been previously used.
Councilmember Kneeland spoke of past businesses who received incentives, stating
the policy favors businesses who would expand and/or locate along existing
infrastructures.
Councilmember Janett expressed concerns regarding the current criteria. She
spoke of the need to establish air quality emissions, hazardous materials, and
waste and recycling criteria.
Councilmember Janett made a motion, seconded by Councilmember Horak, to amend
Section 5-327, Section 1, Page 2, to add the following language: "that the
recommendations of the City Manager based upon criteria developed by the City
Manager and approved by the Council by resolution.
Councilmember Kneeland stated she did not support the motion and felt the
criteria should remain more flexible.
The vote on Councilmember Janett's motion to amend Ordinance No. 123, 1994 was
as follows: Yeas: Councilmembers Horak, Janett and Smith. Nays: '
Councilmembers Azari, Kneeland and McCluskey.
THE MOTION FAILED TO PASS.
City Attorney Steve Roy stated the definition of development review fees covers
a larger spectrum.
Councilmember Horak offered a friendly amendment to his original motion to add
the word "impact fees" prior to the word "fee" wherever necessary. Councilmember
Janett accepted the amendment as a friendly amendment to the previous motion.
Tom McKenna, 3500 Rolling Green Drive, spoke in opposition to the ordinance
stating the City should not offer incentives. He stated money given to
businesses as incentives are taken from taxpayers and emphasized that the jobs
created by bringing new companies to town does not reduce Fort Collins'
unemployment rate.
David Neenan, 1606 Brentwood Lane, stated he did not believe the City was being
overwhelmed by requests for rebate fees and supported the motion.
Paul Thompson, representing the LLAC of the Chamber of Commerce, commented the
LLAC supported the Ordinance.
Bruce Lockhart, 2500 East Harmony Road, opposed the motion stating too many
possibilities exist which dictate whether or not the fees would be rebated. '
72
AAugust 2, 1994
Ed Stoner, 2236 Apache Court, spoke of the language in the Ordinance and
commented it is Council's decision on whether a company requesting rebate fees
would be a suitable company to locate in the City.
John Maleski, 1072 Sundering Drive, strongly opposed the Ordinance and stated he
did not feel it was Council's position to involve itself in a "planned economy."
Glen Colton, 710 City Park Avenue, opposed the Ordinance and stated he did not
believe the City needed to go to such extremes to keep NCR's business.
Al Baccili, 520 Galaxy Court, urged Council to defeat the motion.
Roland Mower, President of Fort Collins, Inc., spoke in support of the rebate fee
program and reported that Fort Collins Inc., believed the policy to be a fair
compromise on the issue of growth and/or no growth.
Tom Jackson, Willox Lane, spoke in support of the motion and stated the quality
of businesses in Fort Collins help make it a nicer community to live in.
Phil Calihan, 1912 Rollingwood, requested Council amend the motion to apply
primarily to existing Fort Collins corporations and companies.
Deputy City Manager Diane Jones clarified the impact fees being suggested refer
to infrastructure costs, storm drainage, wastewater, water, etc. She reported
it does not include fees for processing, building permits, development review
fees or inspection fees.
Councilmember Horak spoke of limitations included in the Ordinance and stated
there is a tremendous bias included for existing businesses and businesses
locating in infill areas. He believed the proposed Ordinance was sound
financially and fiscally.
Councilmember Janett supported the motion and expressed concerns regarding
portions of the proposed criteria, namely environmental and benefits (health
insurance) issues.
The vote on Councilmember Horak's motion as amended was as follows: Yeas:
Councilmembers Azari, Horak, Janett, Kneeland, McCluskey and Smith. Nays: None.
THE MOTION CARRIED.
VX
Ordinance No. 114, 1994, August 2, 1994
Amending Section 29-526(D)(2) of the City Code
to Add Interim Phasing Criteria to the Land
Development Guidance System and Directing City
Staff to Develop Certain Proposed Plans and Policies
to Support the Adoption of Long-term Growth
Management Measures, Adopted on Second Reading.
The following is staff's memorandum on this item.
"Executive Summar
For the past eighteen months, the City Council, Planning and Zoning Board and
City staff have been discussing growth management issues and tools. This
discussion has involved neighborhood groups, representatives of the business and
development industry and the general public. Minimum residential densities,
Will and phasing of development were among the issues that were discussed.
Last April, the City Council and Planning and Zoning Board gave direction that
the issues of density, infill and phasing should be addressed through refinements
to the Land Development Guidance System (LDGS). The amendments are proposed to
be implemented on an interim basis. During the interim period, necessary studies
will be initiated and completed to support more permanent criteria and programs.
The amendments will become null and void as of December 31, 1995, unless further
extended by the Council by ordinance. Ordinance No. 114, 1994, which was '
unanimously adopted on First Reading on July 19, will not affect the development
of property under preliminary PUD plans and final PUD plans which have been
approved by the Planning and Zoning Board prior to the effective date of the
Ordinance."
Community Planning and Environmental Services Director Greg Byrne briefly
outlined the item and spoke of the need to better manage urban growth. He
emphasized the phasing program is primarily concerned with location, not the
type, amount or density of housing.
Assistant Planning Director Joe Frank briefly outlined the proposed amendments
and noted staff is requesting the proposed amendments be adopted for an interim
period of no longer than 18 months. He clarified the ordinance is not a
moratorium on residential development, nor does it state that building permits
cannot be issued nor does it prevent property owners from submitting residential
plans. He stated the ordinance encourages development of infill sites and spoke
of what impact the changes would have.
Councilmember Horak made a motion, seconded by Councilmember Smith, to adopt
Ordinance No. 114, 1994 on Second Reading.
Frank clarified credit has not been given to properties located near open spaces
in the past.
74
August 2, 1994
Deputy City Manager Diane Jones reported staff could look at the issue of open
space and bring back an amendment to the density chart and point system if that
is Council's desire.
Councilmember McCluskey questioned if open space and city planned parks would be
considered the same.
Councilmember Janett urged adoption of the Ordinance and stated amendments could
be made at a later time.
Lester Litton, President of Earth Engineering Consultants, Inc., spoke of the
changes to the LDGS, and the impact they will have on the development community.
He requested information on how much infill area was available within the defined
boundaries and spoke of the possibility that the Ordinance would promote sprawl
on a regional basis. He urged Council to reject the interim phasing criteria.
Eldon Ward, Cityscape Urban Design, spoke of the effect the Ordinance would have
on unplanned developments. He reported there only 200 acres of land is available
near existing parks and shopping centers within the infill areas and expressed
concerns regarding the criteria pertaining to transit stops.
Lou Stitzel, 521 E. Laurel, expressed concerns regarding the high cost of housing
and noted there did not appear to be any incentives for affordable housing
' development. She spoke of the need to address how affordable housing developers
could be included.
Ed Stoner, 2236 Apache Court, questioned the decision to increase the points from
30 to 60 and stated it could drive development to other communities in the
County.
Paul Thompson, representing the LLAC of the Fort Collins Chamber of Commerce,
opposed the Ordinance and spoke of the need for complete and reliable data as
well as adequate public discussion and input.
Steve Slayton, a developer residing at 805 Richards Lake Road, spoke in
opposition of the Ordinance and stated the current point system punishes the
small developer who builds for high -end buyers.
Linda Norton, President of Fort Collins Board of Realtors, commended staff and
Council for its efforts but stated she did not feel the Ordinance was ready for
adoption. She urged Council to reject the motion until further discussions are
held. She stated if the Ordinance is adopted the price of infill property will
raise dramatically making it more difficult to develop affordable housing.
Byrne stated staff has discussed all of the concerns that were raised with the
Growth Management Committee and reported that during the 18 months, staff would
be involved in an extensive comprehensive plan update process. He clarified the
aerial map used to determine the amount of developable space was outdated,
75
August 2, 1994 '
reporting there are between 4,000 and 5,000 potential infill dwelling sites
available.
Councilmember Kneeland stated she believed the new point requirements were not
well suited for affordable housing.
Frank spoke of discussions held with the Growth Management Committee regarding
raising points for low income housing. It was decided that other housing
programs were currently underway that would assist the low income housing
efforts.
Councilmember McCluskey stated the proposed points appear to have a more severe
effect than he had originally anticipated. He asked if the minimum were
decreased how many projects would pass.
Frank replied more projects would pass because of the fewer points that would
need to be earned and stated if the number was lowered to 50 points at this time,
6 additional projects would be approved.
Councilmember McCluskey made a motion, seconded by Councilmember Kneeland, to
amend attachment B to Ordinance No. 114, 1994, changing the points on the density
chart from 60 to 50 points.
Councilmember McCluskey spoke to the amendment, and noted upon further review he '
believed the effect to be too dramatic.
Councilmember Horak spoke in opposition to the motion.
Councilmember Janett opposed the amendment and clarified the Growth Management
Committee was not in unanimous agreement regarding the points.
The vote on Councilmember McCluskey's motion to amend Ordinance No. 114, 1994 on
Second Reading was as follows: Yeas: Councilmembers Kneeland and McCluskey.
Nays: Councilmembers Azari, Horak, Janett and Smith.
THE MOTION FAILED.
Councilmember Kneeland requested an ordinance be drafted to address points for
natural areas. She requested information on how parks could be developed without
using development fees to pay for them. She stated the Ordinance lacks a capital
improvement program and was hopeful that issue will be addressed within the 18
month timeframe.
Councilmember Janett stated building in areas where public and private services
are available would decrease traffic congestion problems, which was the intent
of the policy.
76 1
August 2, 1994
Councilmember McCluskey opposed the Ordinance and supported the need to continue
community outreach. He spoke of his concerns regarding regional planning
efforts.
Councilmember Horak spoke of the costs the City incurs with new developments that
are not located within infill sites.
Councilmember Smith spoke of neighborhood compatibility concerns.
Mayor Azari stated the City is participating in regional planning efforts with
the surrounding communities and spoke of need to work with each other in a
positive and creative manner.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Horak, Janett, Kneeland, and Smith. Nays: Councilmember McCluskey.
THE MOTION CARRIED.
Councilmember Kneeland made a motion, seconded by Councilmember Horak, that an
amendment to the Ordinance be brought back to Council by September 6, to include
natural areas as a part of developed parks and planned parks.
The vote on Councilmember Kneeland's motion was as follows: Yeas:
Councilmembers Azari, Horak, Janett, Kneeland, McCluskey, and Smith. Nays:
None.
THE MOTION CARRIED.
Resolution 94-127
Stating the City Council's Support
of a Proposed Larimer County Initiative
for One -Quarter Cent Sales and Use Tax for Parks,
Open Space and Trails within Larimer County, Adopted.
The following is staff's memorandum on this item.
"Financial Impact
The passage of this tax will impose a one -quarter cent sales and use tax upon the
citizens of Fort Collins. The benefits of this tax to Fort Collins residents
includes the purchase of buffer land to maintain community identity, extensions
to Fort Collins Trail System, foothills preservation, and development of the
entry way to Water Treatment Plant #1 in the Poudre Canyon. There will be no
direct impact to the City of Fort Collins' budget.
Executive Summary
Larimer County Parks recently completed a comprehensive master plan to improve
Parks and Recreation services to County residents. A Citizens Committee has
recommended to the Larimer County Commissioners that an initiative be placed
77
August 2, 1994
before the voters on November 8, 1994 for a one -quarter cent sales and use tax '
that will begin January 1, 1995, and retire December 31, 2001.
The monies collected over this seven-year period will be used primarily for open
space, and trail acquisition (70Y) and improvements in long-term management and
maintenance (30Y) of County parks and trails. The attached draft ballot language
details specific projects to be targeted for expenditures from the tax. In
addition, a staff memo analyzing the impacts of this tax upon the citizens of
Fort Collins is included.
The staff analysis raises several questions.
• Does the City Council wish to take an active position in defining the
projects to be targeted for this money?
• Would the Council wish to discuss establishing a dollar amount that would
be returned to the City?
• Since a similar one -quarter cent sales tax was implemented in 1992 by the
City of Fort Collins, would this create a problem.for City residents?
• Does this new tax limit the feasibility of a one -quarter cent sales tax
for capital construction in the future?
• Does the City Council wish to take an official position on this
initiative?
On July 15, 1994, the Legislative Review Committee reviewed this analysis and '
made some recommendations. While there was not a quorum present at this meeting,
the consensus was to refer this resolution to the full Council for adoption,
along with the following recommendations:
1. The City Council adopt this Resolution and ask that the Larimer County
Commissioners develop stronger ballot language describing how the
commissioners will work with the City of Fort Collins City Council to
determine how this tax money will be spent for the benefit of the
residents of Fort Collins.
2. More specific ballot language be included to describe how funds are to be
geographically distributed.
3. The ballot language include more specific wording on project priorities.
In this regard, the Council asks that the Larimer County Commissioners
include in the ballot language the development of the entry way into the
Water Treatment Plant #1 as one of the top priorities.
Larimer County Staff responsible for the preparation of the ballot language for
consideration by the Commissioners have agreed to include these changes in the
draft ballot language. This language is attached.
To provide a sense of how these monies are to be spent, the ballot language
presents examples of target projects. These projects are presented below: '
78
August 2, 1994
' Examples of open space lands considered desirable for preservation include:
• Wildlife habitat and scenic open space generally located along the
foothills from Fort Collins to Loveland and in the Estes Park areas.
• Lands for wildlife habitat protection and passive recreation at high
plains reservoirs such as Fossil Creek, Wellington #4 and Smith
Reservoirs.
•
Buffers to maintain community identity and to protect existing parklands.
•
Riparian lands and access to riparian lands along the Cache La Poudre
River, the Big Thompson River, and the Little Thompson River.
•
Mesas, hogbacks and native high plains grasslands located in northeastern
Larimer County.
Examples of trails and public access to trails include the following:
•
Two connections between the Loveland and Fort Collins trail systems, east
and west of U.S. Highway 287.
•
Along the Cache La Poudre from the Weld County line extending west into
the Poudre Canyon.
•
Along the Big Thompson River from the Weld County line west to the Big
Thompson Canyon with a bicycle route through the Big Thompson Canyon to
Estes Park.
•
Trail access and improvements in the Estes Park area as shown on the
adopted Estes Valley Trail Plan.
•
Access to Fort Collins Water Treatment Plant #1 lands in the Poudre
Canyon.
•
From the Little Thompson River north to Berthoud and northwest to Lonetree
Reservoir.
• From Wellington to Fort Collins along Box Elder Creek connecting to the
Poudre River Trail system.
• From the south end of Horsetooth Reservoir at Stout to the Devil's
Backbone and the Big Thompson River.
• From Horsetooth Reservoir and Lory State Park to the Cache La Poudre River
via the Charles Hansen Canal with a spur to Watson Lake.
• From Fort Collins to Douglas Reservoir along Dry Creek, continuing north
to Wellington Reservoir #4 and connecting to Wellington.
79
August 2, 1994
• From the Little Thompson River north to Lonetree Reservoir, Lon Hagler I
Reservoir, Boedecker Lake, and the Big Thompson River, eventually
connecting to Horsetooth Reservoir.
• From Horsetooth Mountain Park to Carter Lake via the Charles Hansen Canal.
• From Flatiron Reservoir to Carter Lake.
• Along the Little Thompson River from Weld County to Roosevelt National
Forest.
• From Livermore to a BLM land parcel on the Redfeather Lake Road and then
to the Brackenberry Natural Area.
• From Carter Lake south to the Little Thompson River.
• Access to Roosevelt National Forest from Buckhorn Canyon and Pinewood
Lake."
Director of Cultural, Library and Recreational Services Mike Powers gave a brief
description of the item. He reported that Larimer County originally wanted to
be partners with the City in the purchase of the Swanda property, and if the tax
is approved, Larimer County will reimburse the City for half the purchase price.
Councilmember Kneeland made a motion, seconded by Councilmember Smith, to adopt
Resolution 94-127.
John McFarland, Director of Larimer County Parks Department, spoke of the current '
structure of the Parks Board. He commented on how the funds would be allocated.
Kelly Ohlson, 2040 Bennington Circle, spoke of how the priorities of the
individual entities would be addressed.
K-Lynn Cameron, Larimer County Park Planner, spoke of the parks master plan which
was adopted last year.
Ohlson spoke of the reasons for requesting a 1/4 cent rather than a 1/2 cent
sales tax increase, stating due to the diverse needs in the area, it would be
difficult to request anything higher than 1/4 cent.
Janet Duval, Larimer County Commissioner District 2, clarified the proposed tax
is a result of a citizen initiated measure and stated the County Commissioners
were in complete support.
Jim Disney, Larimer County Commissioner District 3, assured Council that all
entities would be treated fairly and equally and urged Council to support the
motion.
Bill Neal, representing the Post 2001 group, spoke in support of the tax.
Linda Norton, spokesperson and President of the Fort Collins Board of Realtors,
spoke of the importance of open space and supported the proposed tax. '
80
August 2, 1994
' Bruce Lockhart, 2500 E. Harmony Road, opposed the tax proposal and commented on
Council's adoption of the Ordinance. He stated he did not believe this was a
citizen initiated effort, but was an initiative put on the ballot by the County
Commissioners.
Brian Werner, Northern Colorado Water Conservancy District, and citizens
committee member, spoke of the ballot language and stated the committee will be
looking at access and trail locations inside populated areas. He urged Council
to support the motion.
David Neenan, 1606 Brentford Lane, stated he supported the resolution and spoke
of the need for additional trails and open space areas.
Kelly Ohlson, 2040 Bennington Circle, commented on the time and effort donated
by the citizen committee and spoke of the different organizations who unanimously
support the proposed tax.
Councilmember McCluskey spoke in favor of the partnership and supported the
Resolution.
Councilmember Janett stated this was a positive step to improve and enhance the
recreation open space areas which add to the quality of life in Fort Collins.
Councilmember Smith spoke in support of the motion and stated it was a part of
the regional planning effort.
' Councilmember Horak spoke in support of the motion and commended the
Commissioners and citizen committee for its efforts.
The vote on Councilmember Kneeland's motion was as follows: Yeas:
Councilmembers Azari, Horak, Janett, Kneeland, McCluskey, and Smith. Nays:
None.
THE MOTION CARRIED.
Resolution 94-118
Making Findings of Fact Regarding
Upholding the Zoning Board of Appeals'
Denial of a Variance Requested for the
Property at 122 W. Laurel Street, Adopted.
The following is staff's memorandum on this item.
"Executive Summary
The appeal by the affected parties -in -interest was based on al7egations that:
The Zoning Board of Appeals did not properly interpret and apply the
relevant provisions of the City Code in making its decision by considering
only "topographical" and related dimensional conditions of the property;
' thereby did not properly consider "other extraordinary and exceptional
81
August 2, 1994
situations or conditions," which result in exceptional and undue hardship
upon the owner.
At the July 19, 1994 appeal hearing, Council considered the testimony of City
staff, the appellant, and proponents for the appellant. Council determined that
the Zoning Board of Appeals did properly interpret and apply the relevant
provisions of the City Code in making its decision, and the Council upheld the
Zoning Board of Appeals' decision denying the variance which would have reduced
the minimum lot -area - to -floor - area ratio prescribed in the City Code."
Councilmember Horak withdrew from discussion on this item because he was not
present when the issue was first considered.
Councilmember Kneeland made a motion, seconded by Councilmember Smith, to adopt
Resolution 94-118.
Director of Building Permits and Zoning Felix Lee stated staff would be meeting
with the owner to investigate options available.
The vote on Councilmember Kneeland's motion was as follows: Yeas:
Councilmembers Azari, Janett, Kneeland, McCluskey, and Smith. Nays: None.
THE MOTION CARRIED.
Other Business
Councilmember Janett reported she had been receiving calls regarding installation
of bike lanes and requested a schedule of when the work would be performed.
Adjournment
Councilmember Smith made a motion, seconded by Councilmember McCluskey, to
adjourn to 6:30 p.m. on Tuesday, August 9. Yeas: Councilmembers Azari, Horak,
Janett, Kneeland, McCluskey, and Smith. Nays: None.
THE MOTION CARRIED.
ATTEST:
I 1 1 \,.City Clerk
ED
ayor