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HomeMy WebLinkAboutMINUTES-09/20/1994-Regulari September 20, 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, September 20, 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: Apt, Azari, Horak, Janett, Kneeland, McCluskey and Smith. Councilmembers Absent: None. Staff Members Present: Rainguet, Krajicek, Roy. Agenda Review Acting City Manager Rainguet announced that in order to better accommodate the public attending this meeting, Item No. 26, Items Relating to the Overland Trail Annexation and Zoning and Item No. 27, Items Relating to Dial - A -Ride are being reversed. The Dial -A -Ride discussion will follow the Public Nearing on the 1995 Recommended Budget. ***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 to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar by the Public will be considered separately under Agenda Item #22, Public Pulled Consent Items. 7. Consideration adoption of the minutes of the regular meeting of July 19. Fy a 10. Drive. ' 152 12. 13. 14 15. L 19. 20. 21. September 20, 1994 Items Relating to the Functions of the Golf Board. A. Second Reading of Ordinance No. 133, 1994 Amending Section 2-238 of the Code Relating to the Golf Board Functions. B. Resolution 94-152 Approving Additions to the Operations, Policies and Procedures Manual of the Golf Division of Cultural, Library, and Recreational Services. Items Relating to Miramont/Oak Farm Neighborhood Park Purchase. A. Resolution 94-153 Approving the Purchase of a Neighborhood Park at Miramont/Oak Farm. B. First Reading of Ordinance No. 142, 1994 Authorizing the Transfer of Appropriations From Greenbriar Park Capital Project to the Parkland Acquisition Capital Project in the Parkland Fund. Resolution 94-155 Naming a Natural Area in Honor of Dorothy and Rob Udall. Resolution 94-156 Naming the New Senior Citizen Center. Items on Second Reading were read by title by City Clerk Wanda Krajicek. 153 1 September 20, 1994 9. 10. 11. 12. 13. 14. Second Reading of Ordinance No 133 1994 Amending Section 2- Code Relating to the Golf Board Functions 27. Items Relating to the Overland Trail Annexation and Zoning fig 30. A. Second Reading of Ordinance No. 134, 1994, Annexing Property Known as the Overland Trail Annexation to the City of Fort Collins, Colorado. B. Second Reading of Ordinance No. 135, 1994, Amending the Zoning District Map Contained in Chapter 29 of the Code of the City Fort Collins and Classifying for Zoning Purposes the Property Included in the Overland Trail Annexation to the City of Fort Collins, Colorado. 154 September 20, 1994 Items on First Reading were read by title by City Clerk Wanda Krajicek. I 15. 17. 27. 29. Councilmember McCluskey made a motion, seconded by Councilmember Smith, to adopt and approve all items on the Consent Calendar. The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey and Smith. Nays: None. THE MOTION CARRIED. Councilmember Reports ' Councilmember Kneeland reported that the Legislative Review Committee is tracking ballot issues that may impact the City that are on the November ballot. She stated the Committee is following federal legislation dealing with the Telecommunications Act. This legislation may impact the City's ability to negotiate franchise agreements with cable and telecommunications providers. Councilmember Apt reported the Commission on Disability is conducting an outreach to have better enforcement of handicapped parking. Businesses are being recruited to help patrol those spaces. Violators will receive a summons and a fine. The Commission is asking Council to amend the Code to require that snow not be piled in those spaces and that the fine be increased to $50. Councilmember Janett reported the Loveland/Fort Collins Corridor Task Force will be presenting its draft plan to both Councils in November. She spoke of the "Crosscurrents" cable television program sponsored by the League of Women Voters that will focus on Amendment 12 issues. Mayor Azari called attention to the item on the Consent Agenda that approved the name of the new senior center as the "Foothills Oasis, the Fort Collins Senior Center". Additionally, in another Consent action, Dorothy and Bob Udall, local leaders in the environmental movement, were honored by naming a new natural area in their honor. 155 c September 20, 1994 IPublic Hearing on the Recommended 1995 Budget The following persons commented on the Recommended 1995 Budget: Joan Handley, Berthoud, representing Recreation PossAbilities for People with DisAbilities coalition supported adding a Therapeutic Recreation Specialist to the 1995 Budget. Bill Lacock, 4106 Torrington Ct., President, Fort Collins Youth Baseball, stated his group was part of an organization called the Athletic Development Committee. The Committee is developing a strategy for constructing athletic fields and youth sports facilities. He stated the southwest community park youth sports complex is the Committee's first priority. He asked for a City contribution to the preliminary design funds for this facility. Tim O'Neill, Executive Director, Foothills Gateway, Inc., asked that disabled persons be given access to all the recreation events and activities that are afforded the rest of the community. He supported including a Therapeutic Recreation Specialist in the 1995 Budget. Jeff Bridges, 725 Mathews, resident of the Centennial/Eastside Neighborhood, supported pedestrian system improvements included in the Budget and pointed out his neighborhood and the rest of the community are in need of a workable pedestrian system. He supported the Neighborhood Advocate Program included in the Budget. Rick Borden, representing the Fort Collins Soccer Club and a member of the Athletic Development Committee, asked Council to fund the conceptual design study for the southwest youth sports complex. Deb Ham, 313 Leeward Ct., member of Recreation PossAbilities for People with DisAbilities, spoke of the need for a Certified Therapeutic Recreation Specialist on the Park and Recreation staff. Christine Ferguson, 719 Wagonwheel Dr. supported the community horticulture position and program as a way to develop a sense of participation in the community. Debbie Brown, vice-president of the Fort Collins Soccer Club, spoke in favor of the City allocating funds for the conceptual design of the southwest community park. Pat Lukens, member of Recreation PossAbilities for People with DisAbilities, supported recreation opportunities for the disabled community. Diane Waltman, 412 Chukar Ct., supported the community horticulture center concept. 156 September 20, 1994 Henry Solano, President of the Fort Collins Buckaroos Girls Fastpitch Softball, spoke of the dollars returned to the community through spending by participants in tournaments. He supported City participation in the design of the new southwest park. Molly Handley, spoke of the lack of recreational opportunities for her disabled sister. John Scott, 100 Vandy Lane, supported including the Therapeutic Recreation Specialist position in the 1995 Budget. Ed Stoner, 2236 Apache Ct., representing the Chamber of Commerce Local Legislative Affairs Committee, outlined concerns in the 1995 Budget. He noted the Chamber is in favor of the GIS funding but believes Fort Collins should be more on the cutting edge of this technology. The Committee believes additional funding should be devoted to Creating Tomorrow Today and questioned whether fund balances and reserves should be earning interest or should be used to improve intersections and trails. He asked why the FTE increases in CPES are classified as administrators. Andrea Schmardian, civil rights advocate and lawyer with the Association for Community Living, expressed concerns about the lack of recreation programs for the disabled in Fort Collins. She spoke of safety concerns for participants in recreation programs and suggested a full-time Therapeutic Recreation Specialist be incorporated into the Park and Recreation staff. Loring Knutson, 4625 Regency Dr., representing the Chamber of Commerce Local , Legislative Affairs Committee, expressed concern about funding for the Transit Development Plan and the elimination of facilities and services to fund the Plan. He spoke of the $322,000 increase to the overall senior center budget, noting the increase was over 100%. He noted claim settlements had increased from $900,000 in 1993 to $2M in 1994 and questioned the significant increase. He expressed concern that no new police officers are budgeted for 1995. Kathleen Yocum, 437 Gilmont St., supported the Therapeutic Recreation Specialist position. John Cross, 110 No. Mack, supported the development of a horticulturist position. Ray Sanderson, Disabled Resource Services, supported adding a Therapeutic Recreation Specialist to the 1995 Budget. Sam Samanski, Larimer County Human Development, asked Council to increase funding to the Human Resource Grant Program. Quinnell Gutwein, 223 Scott Ave., supported the community horticulture program and spoke of the Dunn Elementary School composting system and pumpkin garden. She stated Dunn is in the process of applying for two grants for a community garden project to be set up on the school grounds. Participants would like to have access to a community horticulture center for guidance. 157 ' September 20, 1994 Leighton Thorne, 2525 Tulane Dr., urged Council to pursue the youth agenda ideas expressed at the budget hearing. Pat McGinley, Association for Community Living, supported recreation opportunities for people with disabilities. She introduced Aspen Serrero, member of People First who supported a Therapeutic Recreation Specialist. Bob Tueting, 916 Cheyenne Dr., spoke of costs involved in providing the programs requested by the public. He stated users should be willing to pay additional taxes to support those programs. Mayor Azari thanked those present for participating in the budget hearing process and declared the Public Hearing to be ended. She then outlined the remainder of the budget schedule. Items Relating to Dial -A -Ride. The following is staff's memorandum on this item: "Financial Impact Passage of these items will have positive and negative impacts on the 1994 and 1995 budgets. In 1994, Transfort will use $78,000, previously appropriated for Route 10 implementation. In addition, and estimated $13,000 will be appropriated from unanticipated revenue resulting from the proposed fare increase for paratransit service. There is a projected $4,000 loss in elderly/disabled pass and fare revenue if Transfort bus service is provided free. In 1995, the projected revenue loss due to free elderly/disabled Transfort service would be $15,000. Additional revenue will be needed both in 1994 and 1995. An additional amount of up to $65,000 will be required to balance the 1994 budget and will be handled in the clean up ordinance in November. Executive Summary A. Resolution 94-158 Authorizing the City Manager to Establish a Dial -A -Ride Fare, Effective October 1, 1994 at Twice the Full Fixed -Route Fare. B. Resolution 94-159 Authorizing the Use of $78,000 Available in the Transit Services Fund for Dial -A -Ride Program Costs in 1994. C. Resolution 94-160 Authorizing the City Manager to Eliminate Transfort Senior Fares for Persons Sixty Years and Older and Disabled Fares for Persons with Disabilities, Effective October 1, 1994. D. First Reading of Ordinance No. 144, 1994, Appropriating Unanticipated Revenue in the Transit Services Fund for the Dial -A -Ride Program. These actions will implement Council's policy for paratransit service to serve only the ADA eligible when resources are limited; cover the 1994 operating costs ' for Dial -A -Ride; operate the 1995 paratransit program within available 158 September 20, 1994 resources; establish a fare policy for paratransit service at an amount twice the fixed -route fare; and promote other transportation modes for the disabled and elderly. In 1995 a projected shortfall of up to $177,000 could occur. Staff will rebid the paratransit service this fall with the expectation of eliminating or significantly reducing the projected shortfall. BACKGROUND: In March 1994 Transfort began the Dial -A -Ride program serving specific transportation needs for persons with disabilities and those 60 years and older. The Dial -A -Ride program has been very successful and has far exceeded staff's trip projections (the projection was 42,000 trips; actual trips are expected to exceed 60,000) causing a $190,000 shortfall in 1994 funding. Why the major increase in ridership? Hasn't paratransit service been free for over 20 years? Staff believes the ridership increase is the result of improved service. When the Americans with Disabilities Act was enacted, it required communities with a fixed route bus system to guarantee paratransit service. In addition, the ADA regulations contain service guidelines which must be met, i.e. next day service, no prioritization, requirements for pickup and delivery of customers, etc. This is a significant change from past service which provided limited service guarantees to demand response customers because of funding limitations. The ADA requirements apply only to individuals who meet the ADA eligibility requirements. They do not apply to the non -disabled elderly. However in 1993, staff recommended the same service guidelines apply to the elderly, and Council agreed. ' There is a Council paratransit policy which defines this service level. If service has to be limited, paratransit trips will be provided to individuals in accordance with the following priority: 1. ADA Eligible persons requesting non -subscription service; 2. ADA Eligible persons requesting subscription service; 3. Non -disabled individuals age 60 and over. (Subscription trips are regular scheduled trips, like commuting to work.) Since projections indicate a $190,000 budget shortfall, staff is recommending limiting paratransit service to the ADA eligible. RECOMMENDATIONS: In addition to the staff recommendation, the recommendations from the Transportation Board, Senior Advisory Board, and the Commission on Disability are provided (Attachment #4). The matrix (Attachment #6) indicates the Commission on Disability and staff recommendations are closely aligned; and the Transportation Board and the Senior Advisory Board recommendations are very similar." 159 1 September 20, 1994 Transfort Manager John Daggett stated the actions listed in the Agenda Item Summary represent the actions needed to implement staff's recommendations for resolving the Dial -A -Ride program's current budgetary problems. He gave a history of the program and stated staff is projecting a $190,000 budgetary shortfall by the end of 1994 if no action is taken. He outlined the public process undertaken for examining the problems facing the Dial -A -Ride program. He spoke of the August 22 worksession and stated the two primary questions staff is asking Council to answer are: - Who does the Dial -A -Ride Program serve, the ADA eligible, the non-ADA eligible elderly, or both? How does the City want to obligate itself in reference to paratransit service now and in the future? - Does the City want to charge a fare for Dial -A -Ride and in what amount? Staff recommends serving the ADA eligible only, charging a fare of twice the regular Transfort fixed route fare ($1.50 one-way), making travel on Transfort for seniors and the disabled free, appropriating an additional $13,000 in fare revenues for 1994 and freeing $78,000 in the Transit Services -Fund for use in the Dial -A -Ride Program. Daggett pointed out that even after taking these actions, the Dial -A -Ride Program will still require an additional $65,000 in order to balance its 1994 budget. Councilmember Horak made a motion, seconded by Councilmember Smith to adopt ' Resolution 94-158. Councilmember Apt asked if staff could suggest language to amend the resolution to provide relief for individuals who are in financial straits or at the poverty level. City Attorney Roy stated he would draft some language and determine the best place for such an amendment. Angela Byrne, 1742 Norwood Lane, spoke of her problems using Dial -A -Ride and suggested there be no fee increase until the program works on a long-term basis. Cynthia Bergen, 220 E. Laurel, suggested the City consider raising the age limit for eligibility and establishing a universal pass, good on Transfort, Dial -A -Ride or Care -A -Van. Helen Dees, 2825 S. Taft Hill Rd., spoke of Dial -A -Ride service problems and stated she could not afford trips for therapy if the fares are increased to $1 50 per trip. Carolyn Struble, 701 Parker, spoke of the hardship Dial -A -Ride fares would cause. Kay Rios, 160 Circle Dr., Chairperson of the Senior Advisory Board, asked that Council delay making a decision on the Dial -A -Ride rates until a joint negotiation effort among the entities previously involved in funding Care -A -Van ' and SAINT is undertaken. The Board believes that if a fee must be charged, a 160 September 20, 1994 sliding fee scale should be established and in place before the fee is imposed. The Board would also like to see an educational component put together including an awareness campaign and an active effort to train people to interpret the bus schedules and show people how to access Transfort. George Grimes, 525 E. Drake Rd., stated disabled persons do not have the money to pay a Dial -A -Ride fare. He asked that a bus shelter be built across from the Whispering Pines apartments. Tony Lueck spoke of her dependence on Dial -A -Ride and Care -A -Van for trips to the doctor and physical therapy. She asked that fares not be charged and suggested contributions be sought. Ray Sanderson; Disabled Resource Services, spoke of the Summer Youth Employment Program that employs youth with a job coach. These youth have transportation problems because they are disabled and work part-time. He suggested a reasonable fee with a contingency fund for seniors and those who cannot afford the fee. Al Baccili, 520 Galaxy Ct., asked for more money for seniors and the disabled. Jerry Boortz, 1805 Linden Lake Rd., Care -A -Van Boardmember, urged Council to continue to provide services to seniors. He spoke of Care-A-Van's position paper that outlined its thoughts on the issue. In response to Councilmember Apt's request, City Attorney Roy read proposed language based upon the premise that the fares for ADA eligible customers would ' be reduced by 50% and not on a sliding scale and not entirely eliminated. The language is general in terms of what kind of income eligibility guidelines would be established by the City Manager. He suggested the addition of a final Whereas clause as follows: "Whereas, the City Council believes that reduced fares should be made available to those ADA eligible customers of low income". In the operative part of the resolution, he recommended two sections as follows: "Section 1. That the City Manager is hereby authorized to establish a fare for users of the City's Dial -A -Ride services effective October 1, 1994, equal to twice the amount of the full fare charged to persons using comparable Transfort services; and Section 2. That the City Manager is hereby directed to develop income eligibility guidelines for ADA eligible customers of Dial -A -Ride and to reduce by 50% the Dial -A -Ride fare for those individuals qualifying for a low income discount of such fares." Councilmember Janett stated that amending the resolution with language drafted at the last minute is not appropriate. She stated Council should be determining the goals to be met before the system is put together and should be pursuing the following goals: ' 161 September 20, 1994 to provide transportation for seniors and persons with disabilities to encourage those who are able to use Transfort to use Transfort - to charge fares to persons who can afford them and to provide relief to low income who cannot afford the fares - to phase the fares over a several year period Councilmember Janett stated the item should be sent back for more staff. work. Staff should come back with an offset relief program for the low income that perhaps could be subsidized by a variety of entities including the City. Mayor Azari stated Councilmembers appear to be unwilling to take action on any of the items presented and believe the issue needs more staff work. Councilmember Horak withdrew his motion to adopt Resolution 94-158. Councilmember Smith agreed. Councilmember Apt agreed that Council's goals are unclear. He stated ADA is key but added staff needs direction on whether to continue to serve all seniors regardless of income. Mayor Azari suggested establishing a working group made up of representatives of the Transportation Board, the Senior Advisory Board and the Commission on Disability, staff and a couple of Councilmembers to work through the issue and come back with recommendations that deal with the citizens that are economically disadvantaged, the disabled customers, the efficiency issues heard, and specifically study the Senior Advisory Board recommendation. Councilmember Horak stated he believed Council could take action on one of the items presented by staff. He stated Item "B" is a resolution that authorizes the Use of $78,000 for Dial -A -Ride. Councilmember Horak made a motion, seconded by Councilmember Apt, to adopt Resolution 94-159. The vote was as follows: Yeas. Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey and Smith. Nays: None. THE MOTION CARRIED. Councilmember Horak reiterated that the working group will come back with a consensus recommendation supported by all the parties involved. 162 September 20, 1994 Items Relating to the Overland Trail Annexation and Zoning, Adopted. The following is staff's memorandum on this item: "Executive Summary A. Second Reading of Ordinance No. 134, 1994, Annexing Property Known as the Overland Trail Annexation to the City of Fort Collins, Colorado. B. Second Reading of Ordinance No. 135, 1994, Amending the Zoning District Map Contained in Chapter 29 of the Code of the City Fort Collins and Classifying for Zoning Purposes the Property Included in the Overland Trail Annexation to the City of Fort Collins, Colorado. On September 6, Council unanimously adopted Resolution 94-148 Setting Forth Findings of Fact and Determinations Regarding the Overland Trail Annexation. On September 6, Council also unanimously adopted Ordinance No. 134, 1994 and Ordinance No. 135, 1994 which annex and zone approximately 282 acres located west of Overland Trail and north of Prospect Road (extended). The applicant initially requested a combination of the R-F, Foothills Residential, District and the R-L- P, Low Density Planned Residential, District for the property. The applicant now, however, feels comfortable with the R-F Zone for the entire property. The applicant is requesting that a pre -annexation agreement be executed with the City which contains the following: ' 1. Provides for the dedication of approximately 112 acres (the western portion of the property) to the City for open space purposes. 2. Provides for the submittal of a Cluster Development Plan containing a gross density of 1 unit per acre to the Planning and Zoning Board and allows for the right to disconnect if the plan is not approved by January 23, 1995. 3. Provides that the initial R-F zoning, and the Cluster Development Plan if and when approved, is vested for a period of 10 years. The annexation ordinance, Ordinance No. 134, 1994, contains a new section which authorizes the City Manager to enter into a pre -annexation agreement allowing the applicant to disconnect the property. The property is presently undeveloped. The property is currently zoned E-1, Estate, which allows single-family residential development with a minimum lot size of I acre, and FA-1, Farming, which allows single-family residential development with a minimum lot size of 2.29 acres. This is a voluntary annexation of property located within the Fort Collins Urban Growth Area. 163 1 September 20, 1994 ' APPLICANT: John M. Spillane, Esq. Deutsch, Spillane & Reutzel, P.C. 7730 East Belleview Avenue Suite 206 Englewood, CO 80111 OWNERS: Wallace R. Noel 900 Breakwater Drive Ft. Collins, CO 80525 Ft. Collins -Loveland Water District 4700 S. College Ave. Ft. Collins, CO 80525" Senior Planner Ken Waido outlined the provisions of the pre -annexation agreement. He showed slides depicting the 5200 ft. elevation line and the areas above and below the line. He presented a map showing distances from the proposed annexation to service and facility areas. Councilmember Horak made a motion, seconded by Councilmember McCluskey to adopt Ordinance No. 134, 1994 on Second Reading. Bob Davidson, 1203 Cascade Ct., expressed concern about PCB contamination of the old substation site and asked for testing on the site when soil tests are done. He spoke of CSU's radioactive experimentation with dogs and the waste buried in the canyon above College Lake and asked for testing of those sites. John Spillane, attorney representing the developer, asked that the developer be allowed to proceed through the development process and be considered by the Planning and Zoning Board. Councilmember Horak suggested staff contact CSU and begin to investigate Mr. Davidson's concerns about hazardous materials and buried waste. Councilmember Smith stated he supported this annexation because if it -develops in the County, the possibility for development above the 5200 ft. line is high. Annexing will do a better job of protecting the visual integrity of the area above 5200 ft. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey and Smith. Nays: None. THE MOTION CARRIED. Councilmember Horak made a motion, seconded by Councilmember Kneeland, to adopt Ordinance No. 135, 1994, on Second Reading. Bob Davidson, 1203 Cascade Ct., expressed concern about the 10-yr. vesting right. He asked if the improvements required from the developer will be phased over 10 ' years. 164 September 20, 1994 Jeff Bridges, 725 Mathews, annexation that should be stated this annexation is an example of the type of aggressively in take ' pursued order to control of the taxation and development of the properties in a functional manner. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmember Apt, Azari, Horak, Janett, Kneeland, McCluskey and Smith. Nays: None. THE MOTION CARRIED. Second Reading of Ordinance No. 139, 1994, Amending Ordinance No. 114, 1994, for the Purpose of Modifying the "Density Chart° Adopted Pursuant to Ordinance No. 114, 1994, and for the Purpose of Describing the Meaning of the Term "Existing Neighborhood or Community Park or Community Facility" Used in the "Density Chart" Option A Adopted as amended The following is staff's memorandum on this item: "Executive Summary On August 2, 1994, the City Council approved revised criteria in the Land Development Guidance System. During the discussion, the City Council asked the Growth Management Committee and City staff to look at a few additional changes to the Density Chart and to return in 30 days with a recommendation. On September 6, 1994, the City Council unanimously approved on First Reading Ordinance No. 139, which the following ' made changes: • Reinstated credit for close proximity to "community facilities", but distinguished credit for existing (20 points) versus undeveloped (10 points); and • Provided the same credit (20 points) on the Density Chart for close proximity to a public park or community facility which is programmed and funded for development as would be given to a public park or community facility which is fully developed. Subsequent to the September 6 meeting, discussion has continued in regard to the issue of whether or not to give credit on the Density Chart for proximity to the City's open space and natural areas. The Ordinance adopted on September 6 did not include credit for open space as a community facility. However, two options have been prepared for second reading as follows: Option A - same as First Reading (does not give credit for open space or natural areas as a community facility) Option 8 - same as First Reading, except natural areas and open spaces designated by the Council as community facilities would also be included in the definition of "community facility" 165 ' September 20, 1994 ' BACKGROUND: On August 2, 1994, the City Council approved revised criteria in the Land Development Guidance System. During the discussion, the City Council asked the Growth Management Committee and City staff to look at a few additional changes to the Density Chart and to return in 30 days with a recommendation. On September 6, 1994, the City Council unanimously approved on First Reading Ordinance No. 139, which made the following changes: Reinstated credit for close proximity to "community facilities", but distinguished credit for existing (20 points) versus undeveloped (10 points); and Provided the same credit (20 points) on the Density Chart for close proximity to a public park or community facility which is programmed and Funded for development as would be given to a public park or community Facility which is fully developed. Subsequent to the September 6 meeting, discussion has continued in regard to the issue of whether.or not to give credit on the Density Chart for proximity to the City's open space and natural areas. The Ordinance adopted on September 6 did not include giving credit for open space or natural areas as a community facility. However, two options have been prepared for 2nd reading as follows: ' Option A - same as First Reading (does not give credit for open space or natural areas as a community facility) Option B - same as First Reading, except natural areas and open spaces designated by the Council as community facilities would also be included in the definition of "community facility" Neither the Growth Management Committee nor staff supported giving credit for proximity to the City's open space and natural areas. Allowing credit for proximity to the City's open space areas would not achieve the same objectives as being in close to other community facilities and activities listed in the Density Chart, and in fact might be counterproductive to the City's objective of phased urban development. There are several reasons for this: • Most of the City's open space and natural areas are on the periphery of the Urban Growth Area. Encouraging growth in these areas may be counter to the City objective of encouraging growth on Will or close -in properties where existing services and facilities are available. The goals of the City's open space and natural areas acquisition program are significantly different from the purchase of public park sites. The City's recent purchases of open space have been to protect the few remaining important natural areas and wildlife habitats in and adjacent to the Urban. Growth Area from development. These areas are not programmed for, nor should they attract, heavy human use. On the other hand, the 166 September 20, 1994 purchase of public parks is in direct response to the recreational needs I and impacts of surrounding residential neighborhoods. The locational criteria contained in the Density Chart are based upon locational policies contained in the City's Land Use Policies Plan (LUPP). The LUPP does not mention "open space areas" as a criterion for the location of residential uses, although proximity to shopping, employment centers, schools, parks, adequate streets and utilities, community facilities, public transportation, and alternative modes of transportation are mentioned. STAFF RECOMMENDATION Staff recommends adoption of Option A on Second Reading." Assistant Planning Director Joe Frank reviewed the options presented for Council consideration. He stated the Ordinance adopted on First Reading on September 6 did not give credit for open space and natural areas as a community facility. Option B on Second Reading gives credit for natural areas and open spaces designated as community facilities by Council. Councilmember McCluskey made a motion to adopt Option A of Ordinance No. 139, 1994, on Second Reading. THE MOTION DIED FOR LACK OF A SECOND. Councilmember Apt made a motion, seconded by Councilmember Janett, to adopt ' Option A of Ordinance No. 139, 1994, on Second Reading with an amendment to Criterion "d" to give 20% credit to existing neighborhood or community parks within 3500 ft., except golf courses; to give 10% credit to publicly owned, but not developed, neighborhood or community parks within 3500 ft., except golf courses; and to give 10% credit for golf courses within 3500 ft., whether developed or not. Councilmember Kneeland stated she would not support this motion since she believed natural areas and open spaces are part of the urban environment and should be considered as community facilities. Councilmember Apt stated he was originally opposed to giving any credit for golf courses so this is a reasonable compromise and acknowledges that golf courses are community facilities. The intent of the phasing criteria was to encourage development near facilities that have a wide variety of multiple uses. The acquisition of natural areas inherently requires the City to "leap frog out" to get land that is less expensive. Giving credit for natural areas runs counter to the notion of phasing. Natural areas or open spaces that are close in, will get credit for other community facilities. Mayor Azari stated she would not support the motion since she believed natural areas are a part of the urban environment. Developers should be given credit for September 20, 1994 developing near any area within the corporate city limits that is developed as a natural area or open space. The vote on Councilmember Apt's motion was as follows: Yeas: Councilmembers Apt, Horak, Janett, McCluskey and Smith. Nays: Councilmembers Azari and Kneeland. THE MOTION CARRIED. Ordinance No. 145, 1994, Amending Chapter 5 of the City Code to Add an Article Permitting the Rebate of Impact Fees for the Purposes of Promoting Affordable Housing. Adopted on First Reading. The following is staff's memorandum on this item: "Financial Impact Of the $483,000 currently reserved for affordable housing related activities, $22,500 has been expended for the Larimer County Home Improvement Program, a county -wide housing rehabilitation program, leaving a balance of $460,500. Staff estimates the ongoing cost to the General Fund of administering the Development Impact Fee Rebate Program to range from $22,905 to $28,174 per year. As stated by Councilmembers at the August 16, 1994, meeting, administrative costs ■ should not come from the Affordable Housing Fund. The rebate of impact fees will be limited to Affordable Housing Trust funds available. Executive Summar On August 16, 1994, the Council approved Resolution 94-134 Option 8, on a.5-0 vote, which directed staff to prepare a method of distributing monies from the Affordable Housing Trust Fund for an Impact Fee Reimbursement Program. The proposed ordinance authorizes the City Manager to develop administrative regulations for the rebate program. At the October 4, 1994, meeting, at the time of second reading of the ordinance, the Council will be asked to consider a resolution adopting the administrative regulations for the rebate program. A draft copy of the regulations is attached. The regulations propose a sliding scale for impact fee rebates based upon the gross rent charged within rental projects or the income levels of purchasers for homeownership projects. BACKGROUND: On June 28, 1994, Council held a worksession with the Affordable Housing Board at which time Revolving Loan and Rebate/Reimbursement methods of distributing money from the Affordable Housing Fund were discussed. On August 16, the Council approved Resolution 94-134 Option 8, on a 5-0 vote, which directed staff to prepare an Impact Fee Reimbursement Program. Of the $483,000 currently reserved for affordable housing related activities, $22,500 has been expended for the 1 168 September 20, 1994 Larimer County Home Improvement Program, a county -wide housing rehabilitation ' program, leaving a balance of $460,500. The City has also agreed to become a Participating Jurisdiction in the HUD funded Home Investment Partnerships Program (HOME) which requires applicants to provide a local match for their projects. The amount of match is based on the type of projects proposed, but would likely range from $87,500 to $127,500. The City can and should require applicants for HOME funds to provide the required match for their projects. However, the applicants most likely to apply for HOME funds do not have large capital reserve resources so they may make requests to the City to provide matching funds. Staff drafted a Development Impact Fee Reimbursement Program and presented it to the Affordable Housing Board at their regular meeting in September. At the meeting, the Board voted 5-1 to recommend that the City establish the Development Impact Fee Rebate Program. The Planning Department is currently aware of 150 "affordable" housing units which could potentially be eligible and might apply for rebates in 1994. Staff estimates that under the schedules proposed, a range from $139,620 to $211,620 of rebates could be awarded this year making an average rebate ranging from $931 to $1,411 per unit. Staff estimates the cost of administering the Development Impact Fee Rebate Program to range from $22,905 to $28,174 per year. As stated by Councilmembers at the August 16, 1994, meeting, administrative funds should not come from the , Affordable Housing Fund. AFFORDABLE HOUSING BOARD RECOMMENDATION On September 8, 1994, the Affordable Housing Board reviewed the proposed Development Impact Fee Rebate Program and voted 5-1 to recommend its adoption by the City Council. The dissenting vote was by Board member Bob Browning who argued the rebates would not provide an incentive for the construction of new units, but would reward developers for units which would most likely have been constructed anyway." Senior Planner Ken Waido stated this ordinance will direct the City Manager to develop the administrative regulations for the rebate program. Council will be asked on October 4, at the time of Second Reading of the ordinance, to consider a resolution adopting.the administrative regulations. Councilmember Kneeland made a motion, seconded by Councilmember Apt, to adopt Ordinance No. 45, 1994, on First Reading. Councilmember Janett asked if there is a limit on the amount of funds to be rebated in a year. Waido replied the only limit would be the amount of funds available and appropriated for the Affordable Housing Trust Fund. ' 169 September 20, 1994 Councilmember Janett asked if there is a way during the budget process, that an amount of money could be appropriated towards the Fund each year to maintain the Fund. City Attorney Roy stated any amount could be appropriated each year to add to the Fund. He suggested adding language to the regulations to ensure that some balance is maintained in the Fund so that it is not entirely expended, if that is Council's intent. Craig Welling, vice-president of the Affordable Housing Board, spoke to the time periods that the projects have to remain as affordable housing. Rental projects have a limit of 10 years and homeowners projects have a limit of 5 years. He stated the Board's rationale was based on how long to ask for compliance based on the amount of money allocated. The time periods seem fair and reasonable based on the rebate. Mary Dwyer, CARE Housing, proposed that the minimum square footage for units be reduced to the standards used by the Farmer's Home Administration. Lou Stitzel, 521 E. Laurel, expressed concern about the short time periods that units are to remain affordable. She stated it is important to keep the housing affordable for as long a period of time as possible. Craig Welling commented that the Affordable Housing Board had recommended this version of the regulations on a vote of 5-1. The one "no" vote was based on ' concerns that this money would finance and add housing to the market that would be built anyway. He noted the square footage issue had been debated and the numbers were initially lower than the current recommendation. The Board wanted to be sure this was quality affordable housing and that the minimum square footage made the units liveable and that they would remain high quality. Councilmember McCluskey asked that staff come back with regulations designed to keep from depleting the Fund each year. Councilmember Horak stated he hoped that if monies are depleted from the Fund, staff will ask Council to consider appropriating additional monies from undesignated reserves. He pointed out that Council always has the option of putting more monies into the Fund. 1 Councilmember Janett stated her concern about drawing the Fund down is because development review fees are the source of revenue for the Fund. Those fees vary year to year depending on the construction cycle. She questioned why specific numbers are in the regulations with regard to gross rents. Those numbers will need to be adjusted annually for the changing median incomes of the community. A formula would be preferable. The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey and Smith. Nays: None. 170 September 20, 1994 THE MOTION CARRIED. ' Ordinance No. 140, 1994, Authorizing a Mail Ballot Election for the April 4, 1995, Regular City Election. Adopted on Second Reading. The following is staff's memorandum on this item: "Executive Summary State law authorizes municipalities to hold mail ballot elections. Staff has gathered information concerning the feasibility of holding a mail ballot election for the April 4, 1995 regular city election and has concluded that a mail ballot election could be conducted in 1995 if that is Council's direction. The Governance Committee has discussed mail ballot elections at a number of meetings and on June 30 directed staff to bring forward for Council consideration, an Ordinance authorizing a mail ballot election for 1995. Ordinance No. 140, 1994, which was adopted 5-1 on First Reading on September 6, 1994, authorizes conducting the April 4, 1995 regular municipal election by mail ballot, adopt the Uniform Election Code for the April election, authorize the City Clerk to submit a mail ballot plan to the Secretary of State, and establish the polling place for in -person voting for the April election." Councilmember McCluskey, Chairperson of the Governance Committee, urged Councilmembers to adopt this ordinance on Second Reading. ' Councilmember McCluskey made a motion, seconded by Councilmember Kneeland, to adopt Ordinance No. 140, 1994, on Second Reading. Councilmember Apt stated he was not convinced that safeguards exist to preserve the sanctity of the voting booth. He stated he did not believe the issue of privacy had been completely solved. The concept and the intent are good but he questioned the execution. Councilmember Horak stated he would not support the motion since there are questions about privacy and the opportunity for people to be influenced by others. He expressed concern that over time certain groups will find mail ballot elections to be a successful technique to get their issues approved or to get a significant number of votes. The vote on Councilmember McCluskey's motion was as follows: Yeas: Councilmember Azari, Janett, Kneeland, McCluskey and Smith. Nays: Councilmembers Apt and Horak. THE MOTION CARRIED. 171 1 September 20, 1994 ' Other Business Councilmember Apt stated the Commission on Disability is requesting that staff prepare an ordinance to amend the Code to ensure no snow can be piled into handicapped parking spaces. The Commission recommends that the fine be increased to $50 for unauthorized parking in the spaces. He spoke of a proposed ordinance drafted by Tom McKenna relating to cost of growth. He asked for staff's opinion on the proposal. Councilmember Janett asked that more publicity be provided for the Northern Colorado Regional Cities meeting so that the public can get more involved in this regional growth management effort. Mayor Azari spoke of the Northern Larimer County Symposium to be held October 28- 29 and November 4-5. She asked that at least one Councilmember attend the Symposium and suggested the liaison be one member from the Growth Management Committee. Adjournment The meeting adjourned at 10:40 p.m. ayor ` ' ATTEST: City Clerk 1 172