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HomeMy WebLinkAboutMINUTES-09/19/1995-RegularSeptember 19,1995 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:30 p.m. An regular meeting of the Council of the City of Fort Collins was held on Tuesday, September 19, 1995, 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, Janett, Kneeland, McCluskey, Smith and Wanner. Councilmember Absent: None. Staff Members Present: Fischbach, Krajicek, Roy. Citizen Participation Jack Vogt, a Fort Collins resident and staff member at Poudre Valley Hospital, invited the public to attend the upcoming "Healthier Community" event being held at the Fort Collins Marriott. Bill Lacock, representing the Fort Collins Youth Baseball program and residing at 4106 Torrington Court, briefly updated Council regarding the program and funding alternatives. He requested Council funding consideration. Citizen Participation Follow-up Councilmember McCluskey responded to Mr. Lacock's request regarding funding for Youth Baseball. Agenda Review City Manager John Fischbach reported that Council had received, in its "Read Before the Meeting" folder, 2 revised Resolutions. Item #20, Resolution 95-137 of the Council of the City of Fort Collins Expressing the City's Support for the Formation of a Community Development Corporation, and Item #26, Resolution 95-138 Committing to a Partnership with Front Range Community College to Build and Jointly Operate a Community Library. Councilmember Wanner requested that Item #13, First Reading of Ordinance No. 120, 1995, of the Council of the City of Fort Collins Amending Chapter 15, Article V of the Code of the City Regarding Contractor License Requirements, be withdrawn from the Consent Calendar. 1 304 September 19, 1995 Bruce Lockhart, 2500 East Harmony Road, requested that Item #19, Resolution 95-136 Recognizing ' the Community Partnership Efforts Being Undertaken to Assist with the Relocation of Residents of Pioneer Mobile Home Park, be pulled from the Consent Calendar. ***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 and approval of the adjourned meeting minutes of August 29, 1995 and the regular meeting minutes of September 5. 1995, 8. Second Reading of Ordinance No 99 1995 Vacating a Portion of Street Right -of -Way for Buchanan Street in Brittany Knolls P U D Filing No 2. Ordinance No. 99, 1995, which was unanimously adopted on First Reading on July 18, 1995, vacates the right-of-way for a stub street at the west end of Brittany Knolls P.U.D. Filing No. 2. At the time Brittany Knolls Filing No. 2 was platted, Buchanan Street was planned to ' extend to the west to intersect Portner Road. Since that time, the City has purchased the property to the west for natural area and therefore Buchanan Street will no longer extend to the west and the street stub provided can be removed and the right-of-way can be vacated. The property owners adjacent to the street stub report no objections to the removal of the street stub and vacation of the right-of-way. The property owners of Lots 29 and 30 have executed a private access for Lot 29 in order to construct a driveway from the existing house out to Buchanan Street. In addition, the South Fort Collins Sanitation District is being granted a utility easement for an existing manhole. 9. Second Reading of Ordinance No 115 1995 Appropriating Unanticipated Revenue in the General Fund for the Clean Air Colorado Program The Clean Air Colorado program is administered by the Colorado Department of Public Health and Environment for public education and information programs that improve air quality. CDPHE works jointly with the City of Fort Collins and other Colorado communities to define air quality improvement programs for funding under Clean Air Colorado. The City receives an annual monetary award from the state for these purposes; the Natural Resources Department uses these funds for a variety of public outreach, special projects, and data collection efforts to improve local air quality. As part of the 1995-1996 Clean Air Colorado program, the City will implement a variety of air quality projects consistent with the Air 305 September 19, 1995 ' Quality Action Plan. This Ordinance was unanimously adopted on First Reading on September 5, 1995. 10. Second Reading of Ordinance No. 116. 1995, Appropriating Unanticipated Revenue in the General fund for Police Services, The City of Fort Collins has received a Department of Justice grant totaling $225,000 over a three year grant period. Ordinance No. 116, 1995, was unanimously adopted on First Reading on September 5, 1995 and appropriates $75,000 (first year grant funds) in the General Fund for Police Services for the COPS AHEAD Grant. Subsequent years appropriations will be included as part of the annual clean up ordinance. Local matching funds are required as part of this grant. 11. Items Relating to the Robert Shields Second Annexation and Zoning, A. Second Reading of Ordinance No. 117, 1995, Annexing Property Known as the Robert Shields Second Annexation. B. Second Reading of Ordinance No. 118, 1995, Amending the Zoning District Map Contained in Chapter 29 of the Code and Classifying for Zoning Purposes the Property Included in the Robert Shields Second Annexation to the City of Fort Collins. Ordinance No.'s 117, 1995, and 118, 1995, which were unanimously adopted on First Reading on September 5, 1995, will annex and zone 6.07 acres located east of County Road #9, adjacent to Woodland Park Estates P.U.D., north of Hewlett-Packard. The requested zoning is R-L, Low Density Residential, without the condition that the property develop as a planned unit development W.U.D.) The property presently contains two single family detached dwellings. The annexation is 100% voluntary. The property is bordered on the north and south by large lot rural residential properties that remain in the County. To the east is the Poudre River floodplain and the Arapaho Bend Natural Area. The applicant is required to annex as per the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA. 12. Second Reading of Ordinance No 119 1995 Appropriating Unanticipated Revenues in the Transportation Services Fund and Authorizing the Transfer of Existing Appropriations for the Vermont Bicycle/Pedestrian Underpass Project The scope of the project is to construct a precast box culvert under the Union Pacific Railroad and 950' of 10' wide bicycle/pedestrian trail. The trail will start west of the 306 September 19, 1995 tracks at the comer of Centennial Road and Parklake Drive and go southeast to the comer ' of Vermont Drive and Eastbrook Drive. During design, the project was reviewed by Fort Collins High School Administration and parents and also by the Transportation Board. This Ordinance, which was unanimously adopted on First Reading on September 5, 1995, appropriates the Federal and City funds necessary to construct the project. 13. First Reading of Ordinance No 120 1995 of the Council of the City of Fort Collins AmendingChapter 15 Article V of the Code of the City Regarding Contractor License Requirements. The most significant change is a new "Class D-2" general contractor license category. This license is designed exclusively to permit extensive structural alterations of and major additions to existing homes. Currently, the ordinance has one home-building license -- a "Class D", which authorizes constructing a single or two-family home, including constructing additions and alterations to existing homes. Increasing demand to renovate and expand existing homes in Fort Collins has created a niche for contractors who specialize in residential remodels/additions. In addition to some editorial housekeeping, other noteworthy changes include broader Building Review Board purview in granting variances to the prescriptive qualification ' criteria, a dollar limit on minor alterations that can be personally performed by a commercial building owner, a fee of $25 to renew a Construction Supervisor Certificate annually instead of $10 every 3 years, and increased liability insurance limits. 14. Resolution 95-132 Authorizingthe he City Manager to Sign Applications for Temporary Use Permits with the Northern Colorado Water Conservancy District. From time to time, Colorado -Big Thompson ("CBT") project water is turned over to the City of Fort Collins to satisfy raw water requirements. The use of CBT water is through temporary use permits or allotment contracts with the Northern Colorado Water Conservancy District ("NCWCD"). This Resolution authorizes the City Manager to sign applications for Temporary Use Permits. The Northern Colorado Water Conservancy District requires that a temporary use permit application be signed by the City Manager or other City official authorized to do so by a City Council resolution authorizing the signing of that specific application or that Council adopted a standing resolution that authorizes the City Manager or other City official to sign all applications for temporary use permits. Transfers of water are initially made using temporary use permits since permanent contracts are more complicated and take longer. Every two or three years, the Utility converts all CBT water owned and used under temporary use permits to a permanent contract. ' 307 September 19, 1995 ' 15. Resolution 95-133 of the Council of the City f Fort Collins Adopting Council Goals, In June 1993, the City Council adopted 12 goals which related to its 1993-95 Council Policy Agenda. These goals touched on a broad range of policy areas and set an overall vision for Council's work. In August 1995, the current City Council adopted a new Policy Agenda which outlines the policy work which it plans to complete during the next two years. During the process of adopting this new work plan, Councilmember Gina Janett asked that staff also bring forward for renewal, Council's previous goals. She noted that these broad policy goals still are relevant to Council's work and are worthy of revalidation. 16. Resolution 95-134 Accepting Recommendations Contained Within the Northern Colorado Regional Planning Study Establishing a Framework for Further Regional Cooperation. In June 1994, Council adopted Resolution 94-90, endorsing the regional initiative (Regional Planning Study) of Northern Colorado communities to preserve the identity and physical separation between the various cities and towns. In addition to Fort Collins, the communities include Evans, Loveland, Greeley, Windsor, Berthoud, Milliken, Wellington, Johnstown and Larimer and Weld Counties. The Department of Local Affairs provided a $25,000 grant to assist in this effort. 17. Resolution 95-139 Appointing a Representative to the Colorado Municipal League Policv Committee, The Fort Collins City Council recommends that Councilmember Chris Kneeland be appointed to represent the City of Fort Collins on the Colorado Municipal League Policy Committee. Appointments to the CML Policy Committee are made each fall and members serve for a one-year period. Each member municipality of the League is entitled to a representative, and all cities over 100,000 are entitled to designate two representatives. 18. Resolution 95-135 Approving the Acquisition of Services from Colorado Outsourcing. Inc for Project Management and Technical Support of the Electronic Document Management System and the ExecNet/Finance Local Area Network The implementation phase of the electronic document management system (the "System") is scheduled for completion in 1995. Colorado Outsourcing is already providing technical support for the local area networks of the primary users - ExecNet/Finance, and has experience with the installation of electronic document management systems. An exemption to the use of competitive bidding is requested to maintain continuity in project 308 September 19, 1995 management and technical support during the implementation phase. The original ' contract will be amended to expand the services of Colorado Outsourcing to include the System implementation. The total contract will not exceed $100,000. 19. Resolution 95-136 Recognizing the Community Partnership Efforts Being Undertaken to Assist with the Relocation of Residents of Pioneer Mobile Home Park. In response to the urgent situation brought about by the impending redevelopment of Pioneer Mobile Home Park Home, the City Council wishes to recognize the community's display of cooperation in assisting with the relocation of Pioneer residents. No singular organization or entity is the only avenue of assistance for Pioneer residents. Rather, numerous organizations and individuals from the public, private and non-profit sectors have united to bring about positive results to an unfortunate situation. Given the City of Fort Collins commitment from the outset in providing assistance in the relocation of Pioneer residents, it is important to clarify the extent of the City's role in the relocation efforts. From the outset, the City of Fort Collins has committed both funding ($235,000) and staff resources to the relocation efforts. All relocation assistance is directed toward a cooperative, community -based means to assist the residents of Pioneer using resources available to the City. The advent of community -based partnering and cooperation in the relocation effort has brought about many positive results. An example ' of such results are as follows: a counseling/relocation program, homebuyer assistance, priority placement of income eligible Pioneer residents into subsidized housing, encouraging development of a new mobile home park and coordination of information among those involved in the relocation efforts. The ability to develop and implement these initiatives would have not been possible without the community commitment to sharing responsibility and partnering in developing solutions. It is important that the City Council recognize, applaud and encourage continued community efforts in assisting the residents of Pioneer Mobile Home Park. 20. Resolution 95-137 of the Council of the City of Fort Collins Expressing the City's Support for the Formation of a Community Development Corporation. Over the last 18 months, City Council and staff members have been participating in an effort to develop a community development corporation ("CDC") which would address affordable housing efforts within the community. The CDC discussions included participation by local banks, corporations, housing developers, both for- and non-profit, Colorado State University, Larimer County and other organizations. Generally, community development corporations are nonprofit development organizations that serve low-income constituencies. Usually they are led by community -based boards. Their missions include housing development, small business development, job creation, t September 19, 1995 ' technical assistance. They are funded through contributions from public and private sources. Resolution 95-137 declares the Council's intent to support the establishment of a CDC in Fort Collins to address affordable housing issues. The resolution further states the intent to use monies in the Affordable Housing account to cover some of the costs in the initial two years of the CDC provided that the City's funds are matched by other sources. 21. Routine Easements. A. Power line easement from Colorado State University Research Foundation, 429 N. College, needed to underground existing overhead electric system and services. Monetary consideration: $10. B. Power line easement from Sherri A. Wera and Thomas J. Wera, 2208 Vassar, needed to install new streetlight. Monetary consideration: $10. Items on Second Reading were read by title by City Clerk Wanda Krajicek. 8. Second Reading of Ordinance No 99 1995 Vacating a Portion of Street Right -of -Way ' for Buchanan Street in Brittany Knolls P.U.D. Filing No. 2. 9. Second Reading of Ordinance No 115 1995 Appronriati g Unanticipated Revenue in the General Fund for the Clean Air Colorado Program. 10. Second Reading of Ordinance No 1 16 1995 Appropriating Unanticipated Revenue in the General fund for Police Services. 11. Items Relating to the Robert Shields Second Annexation and Zoning, A. Second Reading of Ordinance No. 117, 1995, Annexing Property Known as the Robert Shields Second Annexation. B. Second Reading of Ordinance No. 118, 1995, Amending the Zoning District Map Contained in Chapter 29 of the Code and Classifying for Zoning Purposes the Property Included in the Robert Shields Second Annexation to the City of Fort Collins. 12. Second Reading of Ordinance No 119 1995 Appropriating Unanticipated Revenues in the TransportatiodServices Fund and Authorizing the Transfer of Existing Appropriations for the Vermont Bicycle/Pedestrian Undemass Project. 1 310 September 19, 1995 Items on First Reading were read by title by City Clerk Wanda Krajicek. ' 13. First Reading of Ordinance No 120, 1995, of the Council of the City of Fort Collins Amending Chapter 15 Article V of the Code of the City Regarding Contractor License Requirements. Councilmember McCluskey made a motion, seconded by Councilmember Smith, to adopt and approve all items not removed from the Consent Agenda. Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. Ordinance No. 120, 1995, of the Council of the City of Fort Collins Amending Chapter 15, Article V of the Code of the City Regarding Contractor License Requirements. Adopted as Amended on First Reading The following is staff's memorandum on this item. "Financial Impact The current annual license renewal fee of $125, enacted in 1987, will remain unchanged. The ' current Construction Supervisor Certificate 3-year renewal fee of $10 will increase to $25 annually under the proposed change. The higher amount reflects cost recovery associated with annual mailings, printing, and staff time to collect required information on designated construction supervisors. With the energetic construction activity in Fort Collins and accompanying higher personnel turnover in the building industry, staff and the BRB are recommending individual certificate renewals on an annual basis to parallel the corporate contractor license renewal process of many years. The increase in liability limits from $300,000 to $500,000 is more in line with other jurisdictions state-wide and reflects contemporary liability risk standards. Executive Summary The most significant change is a new "Class D-2"general contractor license category. This license is designed exclusively to permit extensive structural alterations of and major additions to existing homes. Currently, the ordinance has one home-building license --a "Class D", which authorizes constructing a single or two-family home, including constructing additions and alterations to existing homes. Increasing demand to renovate and expand existing homes in Fort Collins has created a niche for contractors who specialize in residential remodels/additions. In addition to some editorial housekeeping, other noteworthy changes include broader Building Review Board purview in granting variances to the prescriptive qualification criteria, a dollar limit on minor alterations that can be personally performed by a commercial building owner, a fee of $25 ' 311 September 19, 1995 to renew a Construction Supervisor Certificate annually instead of $10 every 3 years, and increased liability insurance limits. BACKGROUND: The proposed ordinance is the result of the first comprehensive review of Fort Collins' contractor license regulations since 1987 Prompted by increasing requests for an additional license category from home remodelers wanting only to build additions and to do extensive alterations to existing homes, the BRB invited a focus group of interested contractors to a special meeting. Out of that meeting held nearly a year ago, the Board asked staff to develop revisions to the current ordinance based on the comments from the contractor focus group meeting. Timing was right to perform a general audit of the contractor regulations as well. The current language sets out fairly narrow prescriptive experience criteria by which a license%ertificate applicant may qualify for the Building Official to grant a particular class of license or certificate. The qualify for a home-building (Class D) license in the current process, the applicant must provide documents verifying the applicant has built at least three complete homes. However, many Class D applicants in recent months did not meet the "three new homes" rule and furthermore, were not interested in building new homes, rather, they specialize in additions and remodeling. Now, their only options are either to appeal the qualification requirements to the Board and attempt to establish an individual case of "hardship" as currently prescribed under the "duties and powers" of the Board, or, to accept a much more restrictive "Home Improvement" license. This specialty (not "general contractor") license is designed for the entry level "handy person ", doing only non-structural alterations and repairs to homes and has a total project cost limit of $10,000. It also authorizes construction of new garages/carports, a provision that is deleted in the proposed ordinance. The proposed ordinance splits the current Class D category into two new Classes -- "D-1 " and "D- 2". The D-1 is merely a renamed "Class D" (under the current system) with no changes in permitted scope of work and qualification criteria. The D-2 is the new category that allows home (one and two family) additions up to 1000 square feet in floor area and unlimited structural alterations. HIGHLIGHTS OF REVISIONS The other changes are an assemblage of overdue housekeeping, editorial corrections and clarifications, and general administrative improvements. Highlights of these are: • Improved clarity in the prescriptive qualification criteria that detail experience requirements for each general contractor license category. 312 September 19, 1995 • Commercial building owners doing their own "minor alterations" will be limited by a ' construction value of $3000 per project. • The Board's latitude for approving new license applicants who do not qualify under the prescriptive experience criteria would be expanded to include mitigating factors such as related experience criteria would be expanded to include mitigating factors such as related experience, specialized training, and education. • The Construction Supervisor Certificate renewal fee will go from $10 every three years to an annual renewal and fee of $25. Supervisor Certificate holders who are also the License holders would be exempt, paying only the annual license fee, unchanged at $125. • Applicants for a Class E license or supervisor certificate, which allows non-structural (tenant finish) work on any building, required to verify three projects, each over $20,000 in construction value, rather than the current two projects with a minimum value of $10,000. • Home Improvement contractors no longer allowed to construct residential garages. • Liability insurance coverage minimums increased to $300,000 per person and $500,000 per incident; up from the $100,000 and $300,000. • Definitions for SIGNIFICANT STRUCTURAL ALTERATIONS and CONSTRUCTION ' VALUE. THE PROCESS Following several BRB meetings at which revised ordinance drafts were reviewed, this final version was recommended for Council action. A bulletin was mailed to all licensed contractors and other interested parties summarizing the proposed changes and announcing a special public comment forum as a part of the August 31 BRB meeting. Two contractors spoke at that meeting, generally wanting more information about the new D-2 license and application process. As prospective D-2 applicants, they expressed support far the proposed ordinance. The majority of BRB members have been enthusiastic about the revisions and voted unanimously to recommend adoption by Council at the completion of the public comments at the August 31 meeting. In general, contractor response has been supportive of the proposed changes with no voiced oppositions. "FAMMMIM The recommended changes accomplish needed updating and improvements to an already good product. The expanded classification scheme recognizes the recent changes in the local building industry. The new language giving the Board wider latitude for granting variances to , 313 September 19, 1995 ' license%ertificate applicants adds measured flexibility to the process while offering prospective applicants additional options. The remaining changes provide better clarity to users of the process and enhanced tools for better regulatory administration with minimal cost to those being regulated. " Director of Building and Zoning Felix Lee briefly outlined the item and responded to Council questions regarding provisions of the Ordinance. He clarified raising the limit to $5,000 would not be a serious issue. Councilmember Wanner made a motion, seconded by Councilmember Apt, to adopt Ordinance No. 120, 1995 on First Reading amending (d) on page three from: "any project that exceed three thousand dollars ($3,000.00) in construction value", to read "any project that exceed five thousand dollars ($5,000.00) in construction value". John Meleski, Building Review Boardmember, stated he would have preferred that the Building Review Board review the Ordinance before it was presented to Council. He requested prior to second reading, Council clarify if they support the City Attorney's interpretation. Jeff Bridges, 725 Mathews, spoke in support of the ordinance. Councilmember Wanner responded to Mr. Meleski, stating he did not wish to redirect the City Attorney but hoped that in the future these issues would be reviewed by the BRB, as this item had been. The vote on Councilmember Wanner's motion was as follows: Yeas: Council members Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. Resolution 95-136 Recognizing the Community Partnership Efforts Being Undertaken to Assist with the Relocation of Residents of Pioneer Mobile Home Park. Adopted. The following is staff's memorandum on this item. "Executive Summary In response to the urgent situation brought about by the impending redevelopment of Pioneer Mobile Home Park Home, the City Council wishes to recognize the community's display of cooperation in assisting with the relocation of Pioneer residents. No singular organization or entity is the only avenue of assistance for Pioneer residents. Rather, numerous organizations and individuals from 314 September 19, 1995 the public, private and non-profit sectors have united to bring about positive results to an I unfortunate situation. Given the City of Fort Collins commitment from the outset in providing assistance in the relocation of Pioneer residents, it is important to clarify the extent of the City's role in the relocation efforts. From the outset, the City of Fort Collins has committed both funding ($235,000) and staff resources to the relocation efforts. All relocation assistance is directed toward a cooperative, community - based means to assist the residents of Pioneer using resources available to the City. The advent of community -based partnering and cooperation in the relocation effort has brought about many positive results. An example of such results are as follows: a counseling/relocation program, homebuyer assistance, priority placement of income eligible Pioneer residents into subsidized housing, encouraging development of a new mobile home park and coordination of information among those involved in the relocation efforts. The ability to develop and implement these initiatives would have not been possible without the community commitment to sharing responsibility and partnering in developing solutions. It is important that the City Council recognize, applaud and encourage continued community efforts in assisting the residents of Pioneer Mobile Home Park. The intent of Resolution 95-136 to recognize and support continued community cooperation and partnership efforts displayed in seeking relocation solutions for the residents of Pioneer Mobile Home Park. BACKGROUND: I In April, 1994 a local company, J.D. &M Management purchased the current Pioneer Mobile Home Park property at 300 E. Harmony Road. A decision by the park owner was made in late 1994 to displace the tenants in March, 1996 and redevelop the property to retail commercial uses as provided for in the Harmony Corridor Plan, 1995. With the imminent displacement of over 400 residents who live in Pioneer Mobile Home Park, J.D.&M Management, Pioneer Mobile Home Park Homeowners Association, the Fort Collins Housing Authority and the City of Fort Collins initiated discussions regarding plans for relocating the Park residents. In a coordinated,. cooperative manner, the community became involved in the relocation efforts immediately. J.D. &M Management has come to the fore and contributed to a program to relocate Pioneer residents. A local non-profit housing agency, Neighbor to Neighbor, has offered to develop and administer the counseling and relocation program. The Fort Collins Housing Authority (FCHA) has been actively involved in relocating a number of Pioneer residents into FCHA housing. In addition, the FCHA has lobbied the Federal Department of Housing and Urban Development for emergency Section 8 rental vouchers for use by Pioneer residents. 315 September 19, 1995 ' Residents of Pioneer have organized to represent and support fellow resident's by initiating the Pioneer Mobile Home Park Home Owners Association. Toward this end the Home Owners Association has been actively involved in private sector fund raising, coordinating efforts for relocation and informing residents of potential relocation solutions and alternate housing opportunities. Cooperation and partnering in addressing the imminent displacement of Pioneer residents also includes many private sector groups. The private sector, including many local financial institutions, large corporations, local businesses and individuals, has contributed financially to the relocation efforts. The City of Fort Collins has also been an active partner in the community -wide efforts to relocate residents of Pioneer into alternate housing and has committed substantial staff resources to facilitate and coordinate Pioneer relocation efforts. In addition to the commitment of staff resources, the City Council has appropriated $235,000 dollars from the City controlled Community Development Block Grant program (CDBG) for relocation efforts andlor development of a new mobile home park in the City. These funds will be available beginning October, 1995 for disbursement to eligible relocation activities. On August 15, 1995, representatives from the Pioneer Mobile Home Park Homeowners Association ' and Neighbor to Neighbor approached City Council requesting $5,000 from the City's general revenues for a counseling/relocation program being administered by Neighbor to Neighbor in cooperation with J.D.& M Management. While additional financial support from the City's general revenue fund is not recommended given the City's commitment to assisting the Pioneer residents, relocation assistance will be available in October, 1995 through the CDBG set -aside funds ($235,000) which the City Council has earmarked for Pioneer relocation efforts. Staff has discussed with Neighbor to Neighbor the possibility of accessing a portion of these funds for the relocation program and anticipates a proposal from this organization in response to the City's RFP for the set -aside funds. " Councilmember McCluskey made a motion, seconded by Councilmember Smith, to adopt Resolution 95-136. Bruce Lockhart, 2500 East Harmony Road, asked that taxes on used mobile homes be repealed and felt the tax was discriminatory. He stated that it would be difficult to approve the inclusion of a mobile home park anywhere within the City limits due to neighborhood objection. Lou Stitzel, 521 E. Laurel, spoke in support of a mobile home park within the City limits. Mayor Azari spoke of the community effort in an attempt to relocate the residents of Pioneer Mobile Home Park and expressed Council's appreciation of the private non-profit organizations as well as ' the business community's assistance in the effort. 316 September 19, 1995 The vote on Councilmember McCluskey's motion was as follows: Yeas: Councilmembers Apt, ' Azari, Janett, Kneeland, McCloskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. 6Y�Li1i: City Manager John Fischbach reported that the City has received a $400,000 land acquisition grant from GO Colorado. He expressed his excitement regarding the Visual Preference Survey and stated it was an excellent method for citizens and staff to design the future of the community. Councilmember Reports Councilmember Kneeland spoke of information received from Frank Bruno regarding Community Development Corporation ("CDC") possibilities for small businesses. Councilmember Janett stated on the Consent Agenda, Council adopted a Resolution in support of regional cooperation efforts among 9 cities and 2 counties and stated one of the identified goals was linkage and the need to keep the communities unique and separate. She spoke in support of the CDC Resolution which was adopted. She reported the Corridor Committee met (City of Loveland, City of Fort Collins and Larimer County) and adopted a Corridor Plan. , Mayor Azari thanked Councilmembers Kneeland and Janett for their efforts regarding CDC. She spoke of a recent meeting with Mr. and Mrs. Feldhauser, Fort Collins residents, regarding traffic issues. Public Hearing on the Proposed 1996 Budget. Held. The following is staff's memorandum on this item. "Executive Summary This is the first official Public Hearing on the proposed 1996 Budget for the City of Fort Collins. A second Public Hearing opportunity is scheduled for October 3. " Budget Director Doug Smith gave a brief presentation and overview of the recommended 1996 Budget. He spoke of ongoing expenditures that have been allocated from ongoing revenue sources. He stated the "one time increases" that have been proposed occur primarily from build up of prior reserves, and highlighted a few projects that the reserves would be used for, namely, facility repairs and maintenance, affordable housing, parks renovation, transit funding, and City Plan. He spoke of the balance available for allocation. 317 September 19, 1995 Al Bacilli, 520 Galaxy Court, spoke of the need for additional police officers, and asked by the fees are going to increase if there are surplus funds in the Wastewater and Water Utility. He spoke of the vendor fee cap and strongly opposed paying dues to the Platte River Power Authority and Chamber of Commerce. Dee Wagner, Founder and President of the Discovery Center Science Museum, requested $47,300 each year for 3 years to assist in funding for the Science Club Program and establishment of a "Job Track" program for Junior High through College age youth. She stated she believed the program would be self supportive after the 3 year period. Lou Stitzel, 521 E. Laurel, supported the inclusion of the affordable housing item in the budget and questioned why it is necessary to increase utilities each year. Jeff Bridges, 725 Mathews, spoke of the need to repair sidewalks in the E. Laurel neighborhood and urged Council to continue its support of the pedestrian and bicycle underpass connection on Riverside Avenue. He expressed concerns regarding the utility billing system. Ken Tharpe, a Fort Collins resident, thanked Council for allowing citizens to participate in the budget discussions. He felt an effort should be made to save National Biological Services (NBS). He spoke of the need for people to become involved in donating funds to the affordable housing ' mission and spoke of the possibility of a time dollar or time service bank so that individuals could share their individual talents with others in need. He expressed concerns regarding the increasing costs of utilities and urged Council to look at its internal fairness of rates. Bruce Lockhart, 2500 East Harmony Road, expressed concerns regarding Amendment 1 overages and encouraged citizens to not vote to allow the City to be exempt from the provisions of Amendment 1. John Meleski, 414 Buckeye Street, opposed additional allocation of funds for the Planning Department and opposed spending money to continue the Harmony Corridor Study. He expressed concerns regarding the cost to administer affordable housing funds and noted that funds have not been allocated in the proposed budget for design guidelines. He spoke of the number of citizens who violate the number of persons living in one household requirement. Kelly Ohlson, 2040 Bennington Circle, stated he did not believe the recommended budget necessarily reflected the community and Council's agenda and hoped that in future budget proposals, items that are altered or eliminated would be shown. He expressed concern that two positions, one to implement the Air Quality Action Plan, and two, the Environmental Compliance Officer are only temporary hires. He stated that the reasons for utility fee increases need to be spelled out and stated he believed the language regarding the $400,000 (one time ) lease for the youth facility seemed to be misleading stating he understood if it worked well then it could be ongoing expenditure. He requested public discussion regarding the compensation package. 318 September 19, 1995 Bob Tueting, 916 Cheyenne Drive, spoke of the various increases in service areas and stated the ' increases are going to be imposed on the taxpayers when enacted. Council Comments and Questions Councilmember Smith stated utilities are a large component of revenues and expenses and requested pie charts showing revenues and expenses in the General Fund only and Utility Fund only. Councilmember McCluskey requested information on the utility billing system and how the storm drainage area fits. He requested information regarding economic vitality showing the funds that have been allocated for enhancements and a breakdown of issues that are not being funded. Councilmember Smith supported the results oriented budgeting method and spoke of the need to see how much money is being spent on basic City services. Councilmember Kneeland spoke of the need to highlight the compensation package in the Budget document. She responded to Mr. Tueting's concerns regarding service area increases and reported Council requested information outlining what are the citizens getting for their money. She requested information regarding what could be done to help the Discovery Center in funding its request. Councilmember Wanner requested that the O&M component of the youth facilities center be ' addressed and concurred with Councilmember Kneeland's comments regarding the compensation package, stating it should be looked at as a separate item. He stated due to several absences at the first 2 budget sessions, he supported holding an additional Study Session on October 10. Councilmember Apt supported funding for the Discovery Center and suggested the Convention and Visitor Bureau funds be used as a possible funding source. He spoke of the need to provide the public with information explaining the reasons for water and wastewater rates increases. He asked if the Natural Resources budget was increasing or decreasing and spoke of the importance of hiring an Environmental Compliance Officer. He responded to Mr. Tharpe's concerns regarding NBS stating that Council drafted a letter to Congress and the Senate supporting the retention of the NBS. He responded to Mr. Meleski's comments regarding Planning and spoke of concerns regarding procedures and stated Planning's workload has substantially increased while staffing has not. Councilmember Kneeland stated that as part of Council's Policy Agenda, Council is continuing to work with the School District to explore the possibility of using schools as community centers. Councilmember McCluskey requested a breakdown from staff regarding the use and costs of consultants. Councilmember Janett requested information from the Discovery Center regarding its current budget and expenditures. She commented on the percentage increases in the budget by service areas and , 319 September 19, 1995 requested additional information from the Natural Resources Department regarding its staffing and funding level over the past 3 years. She stated that there were two options regarding Amendment 1, refund money or take it to the citizens for a vote (usually for specific projects). She stated next year she would like to see funding to support investigating illegal rentals, number of excess occupants and neighborhood issues. Mayor Azari requested a presentation from the Utility Department and Police Department which she believed would benefit both Council and the citizens in understanding how the needs are being met as well as an opportunity to ask direct questions regarding the needs. Resolution 95-138 Committing to a Partnership with Front Range Community College to Build and Jointly Operate a Community Library, Adopted as Amended. The following is staff's memorandum on this item. "Financial Impact By approving this resolution, Council will be expressing its intention to cooperate with Front Range Community College to build and operate a joint library, and to contribute $2, 000, 000 to this project. If Council adopts this resolution, staff will work with Front Range Community College to develop an intergovernmental agreement concerning the construction and long-term joint use of this library. Staff will then return to Council with a resolution approving of the IGA and with an ordinance authorizing the expenditure of $2,000,000 for the project. Approval of the resolution authorizing the agreement and adoption of the appropriation ordinance would then commit the City to the IGA and the City's share of the funding for the project. "Executive Summary The expansion of library services is needed. City Library usage compared to Colorado and national peers is high while funding support is low. The 20-year-old Library was built to serve a town of 46,000. It is too small, too crowded, and too noisy. Population projections for the next 20 years and the recommended library space needs are provided. . Part of the overall plan is to construct a full -service branch in south Fort Collins that would be 26,000 to 30,000 square feet in size. In a prior effort to partner with Front Range Community College, staff proposed locating the Mini Library on the Larimer Campus. This project, along with funding, was approved by City Council 320 September 19, 1995 unanimously in September 1994. Prior to the second reading, Front Range Community College ' withdrew its interest in order to pursue funding for a permanent library facility. There is a window of opportunity that allows the City to expend $2,000,000 in a partnership with Front Range Community College and essentially develop a 30,000 square foot facility for one-third the cost. To purchase land, construct a building, and buy the equipment and furniture for a 30,000 square foot branch without a partnership would cost from $5,000,000 to $6,000,000. This opportunity allows the City to meet its library expansion goals ahead of schedule. At the August 22 Study Session, Front Range Community College President Dr. Tom Gonzales explained how the earlier than anticipated State funding came to be and why a quick Council response to this opportunity is needed. In short, Front Range Community College must demonstrate its project readiness in order to qualify for an additional $2,900,000 in the 1996 Legislative Session. A portion of these additional funds would furnish and equip the Library. Front Range Community College has requested $2,000,000 from the City if it wishes to partner in the construction and long- term use of a joint library. If the City chooses not to participate, the College will proceed with its plans for a campus library of approximately 20,000 square feet. Costs: Front Range Community College's contribution to the project is $2,200,000 for construction, $200,000 for design and engineering, donation of land valued at $130,000, and $545,000 (to be ' funded from the $2,900,000 1996 legislative request) for a total of $3,075,000. The City's contribution would be $2,000,000 in capital, one time costs including $300,000 for books and materials and $50,000 for furnishings. Additional City operating and maintenance costs of a $100,000 annually would be needed starting August 1997. Funding the partnership alleviates some of the need for expanded Library service. This enables staff to work through the City's Capital Improvement process which will allow the discussion of a new Main Library to be considered with other capital projects that may be submitted to voters. This is particularly relevant if the next round of Capital Improvement Projects is funded on a ' pay-as-you- go basis". Assuming that a library proposal makes the next ballot initiative and the community votes positively, the "pay-as-you-go" funding model would mean library expansion could be 10 years away. Implementation of Policy Agenda: Partnering with Front Range Community College at this time implements three of Council's goals for the 1995-1997 policy agenda cycle. Council has expressed the desire to partner with other governmental agencies to achieve common goals, including Front Range Community College. Secondly, the construction of a 30,000 square foot Branch Library significantly accelerates 321 September 19, 1995 Council's desire to provide life-long learning for the community. This partnership also provides valued services to the City's youth to help them become better educated and productive citizens. Funding Options Staff has identified three funding options for the City's $2,000,000 contribution. At least $1,000,000 will be available in the 1996 Use Tax Carryover Reserve. This Reserve may have over $1,500,000 if revenues for 1995 meet 1994 revenues. Use tax revenue for 1995, through August, is exceeding 1994 revenues by 17 percent. $2,000,000 would be available if 1995 use tax revenues continue at this pace. If the entire $2,000,000 is not available from 1995 use tax revenues, the deficiency could be funded from the street oversizing reserve or by deferring this payment into 1997 in the IGA with Front Range Community College. Funds are also available in the Street Oversizing Fund Reserve. $990,000 will be paid back to this Reserve from Choices '95 money for the Southwest Community Park. However, Council has expressed some reluctance to use this as a funding source. If Council chooses to use Street Oversizing reserves for the library, the amount borrowed and the payback terms will be coordinated with the Engineering Department. An alternative to using the street oversizing reserve is to structure the IGA with Front Range Community College to require the City to contribute only 1.7 million to the project in 1996, with the remaining $300,000 subject to appropriation and payment in 1997. This would allow the City to utilize 1996 use tax revenue, or other funds available at the end of 1996, for this obligation. The third funding option is a sale and lease -purchase. This involves the sale of an unencumbered marketable City asset to a lease -purchase company. The sale proceeds would be used to fund the City's contribution to the joint library. The City would then lease and purchase back this asset over 10 to 15 years with interest at a rate of 6-112 to 7-1/2 percent annually. Annual payments could come from the Use Tax Carryover Reserve, from other City reserves or from the General Fund. Based on direction provided by the Council Finance Committee, and by the Council in the Study Session, staff is recommending the Use Tax Carryover Reserve as the primaryfunding source for the library. Because $350,000 of the City's library contribution is not due until 1997, the entire $2,000,000 may be available from Use Tax Carryover Reserves. Staff is recommending that any deficiency be funded from the General Fund contribution to Street Oversizing, Reserves. Street Oversizing would be paid back from the Use Tax Carryover Reserves as those reserves become available. Staff is not recommending the sale lease -purchase option. However, this option could be reconsidered in the unlikely event there is a drastic, unforeseen reduction in use tax revenue. Conclusion: 322 September 19, 1995 There are many priorities facing the City at this time. One of these is the deficit in library service. ' The offer to partner with Front Range Community College, while not ideally timed, has four strong advantages: 1) The goal of a full service branch library in south Fort Collins can be realized ahead of schedule. It would be the first City building in that area of town and would be highly visible from its Harmony and Shields location. 2) The branch provides a much needed 'jump start" to library service. The critical needfor a new Main Library remains, but the branch allows the library to better meet the community need. The last major capital expenditure for library service was in 1976. 3) The City is able to leverage its $2,000,000 capital investment by developing a 30,000 square foot building for one-third the cost. A City built facility on another site would cost from $5,000,000 to $6,000,000 for a 30,000 square foot library. 4) The project implements three City Council Policy Agenda themes areas: lifelong learning, youth issues and intergovernmental cooperation. There are two disadvantages to adoption this resolution. The first is that it reduces our ability to fund other existing needs. The following is a list of those needs identified by the Executive Lead Team. I Service Area cost Transportation Bikeway Facility Maintenance $200,000 Bikeway System Construction 300,000 (Long Term Need: Bikeways = $14,000,000) Pedestrian Access/Sidewalks/Ramps 325,000 (Long Term Need = $25,000,000) Street Sweeper 120,000 ADA Improvements 40, 000, 000 Signalization Upgrade 500,000 Traffic Calming ' 150,000 Truck Round Table 750,000 Administration Facility Maintenance 800,000 Information Technology 500,000 323 1 September 19, 1995 Civic Center Land Acquisition and Development of Block 22 (General Fund portion) 1,000,000 Police Youth Intake and Assessment Facility' 300,000 to 500,000 CPES Affordable Housing Trust Fund 350,000 Downtown Improvements 1,000,000 CLRS Water Treatment Plant 800,000 Parks Renovation and Replacement 100,000 Community Park Development (Fossil Creek/Southwest Community Parks) 20,000,000 City Park Lake Renovation 2,000,000 Front Range Community College Branch Library Partnership Opportunity 2,000,000 'Added per discussion with Larimer County, Loveland, and Fort Collins in late August 1995. Secondly, the expenditure of these funds for library purposes reduces Council's ability to fund as yet unknown opportunities that might arise in 1997 and 1998." City Manager John Fischbach briefly reviewed the context of the decision Council is being requested to make. He stated Council has received updated information regarding Sales Use Tax Reserves and spoke of various funding options. Director of Cultural, Library and Recreational Services Mike Powers gave a presentation and introduced key staff as well as Front Range Community College officials. Library Director Linda Saferite stated the proposed community library is in line with the Library's overall Strategic Plan, and outlined the Plan for Council. She spoke of the community benefits to be gained. Vice President of Front Range Community College Dr. Eric Reno gave a brief slide presentation outlining the Master Plan of the proposed joint library. Councilmember Apt commented on the parking access and busing availability at the site. 324 September 19, 1995 Councilmember Janett noted state law excludes CSU and Poudre RI from the City's land use ' planning and review system, and questioned if Front Range Community College would be undergoing the City's process before development. Councilmember Kneeland made a motion, seconded by Councilmember Apt, to adopt Resolution 95-138. Assistant to the Director of Cultural, Library and Recreational Services Marty Heffernan reviewed the funding contributions both by the City and Front Range Community College. He emphasized to Council that the figures were preliminary and based on incomplete information and stated Council determines that the item is favorable, it would be brought back for further discussion. He spoke of the funds available in the 1995 Use Tax Carryover reserves. Mayor Azari stated it would be difficult to make a decision on the project before actual figures are available. President of Front Range Community College Tom Gonzales stated he was not prepared to give Council an accurate cost ratio and spoke of the difficulty in developing a partnership such as this. He defined the partnership as a collaborative advantage and stated that the City and Front Range Community College's views and expectations regarding service and learning are very compatible. Anne Ostrye-MacDonald, Chair of the Library Board, stated the Library Board supported the ' partnership. She reported that a poll was conducted, and stated although it is not a scientific poll, 77% of callers were in support of a southside library branch. Mr. Reno spoke of the diversity of materials that would be found in the community library. Ms. Saferite reported on the hours of operation and stated that it would be open and available for the public 4 nights a week and early in the morning and closed on Sunday. She noted after staffing and use issues have been addressed, its is the expected that the Library will be open on Sundays. Councilmember Smith reemphasized his concerns regarding the City committing $307,000 per year and Front Range Community College only committing to $110,000, and suggested different means of staffing to help offset the costs. Director of Finance Alan Krcmarik spoke of the funds available in both the Street Oversizing and the Sales and Use Tax Reserves. He stated if Street Oversizing Funds were used it would accomplish two things, investment of the funds and attaining the Library financing. He responded to Council questions regarding funding and stated staff supported using the money from the Sales and Use Tax reserves. 325 September 19, 1995 ' Councilmember Wanner spoke in support of the project and encouraged "smart" negotiating relating to on -going costs. He felt it was not fair to compare operating hours between this project and the mini -library. Councilmember Janett requested clarification regarding designated reserves for contingencies and funding levels. Budget Director Doug Smith responded to Council questions and stated there are no Financial and Management Policies on funding levels for reserves designated for contingencies. Mr. Reno stated the design staff is on hold until a decision is made by Council and stated that although the details and figures are somewhat vague, negotiations will occur to finalize the details and figures. Jeff Bridges, 725 Mathews, spoke in support of the proposal and questioned why the project could not be completed through the normal budget process. Jack Steele, 2901 Redbum Drive, Library Board member, stated he believed this was an outstanding opportunity and one that the City can not afford to overlook. He urged Council to enter into an agreement with the Front Range Community College. I Jean Dietemann, a Fort Collins resident, concurred with previous comments in support of the project. Councilmember Apt spoke in support of the motion, and spoke of the amount of time it took to get to this point. Councilmember Kneeland strongly supported the project and stated''thatihe funds that are being targeted, are consistent with financial polices and stated that details of the IGA need to be worked out and spoke of the importance of viewing the College as an expanding resource. The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None. THE MOTION CARRIED, Other Business Councilmember Janett requested a two page memo regarding the Building Review Boards review of items brought to Council. She also requested a 2 page memo regarding the rationale of the sales tax imposed on mobile homes. 326 September 19, 1995 Councilmember Smith made a motion, seconded by Councilmember Wanner, to appoint ' Councilmember McCluskey to perform the duties of Mayor in the absence of the Mayor and Mayor Pro Tem. Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Janett requested that the Water Planning Committee look at how the City could work on joint projects with various water districts with regards to managing water resources in a wiser manner. Councilmember Smith requested an Eastside/Westside Design Guidelines update, stated the proposed Library will benefit County residents and stated the County should be involved in the discussions. The meeting adjourned at 10:25 p.m. ATTEST: City Clerk 327 Mayor '