HomeMy WebLinkAboutMINUTES-02/20/1996-RegularI
February 20,1996
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, February 20,
1996, 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: Councilmembers Apt, Azari, Janett, Kneeland,
McCluskey, Smith and Wanner. Councilmembers Absent: None.
Staff Members Present: Fischbach, Krajicek, Roy.
Citizen Participation
LeRoy Gomez, 3213 Sharps, requested Council consider the creation of a Civilian Review Board.
David Lipp, 626 Remington Street, concurred with comments from the previous speaker, stating law
enforcement is in need of a Civilian Review Panel.
' Al Baccili, 520 Galaxy Court, concurred with previous speakers.
Yolanda C. Nicely, 300 East Harmony Road, opposed rerouting truck traffic away from downtown.
Jim Ringenburg, attorney speaking on behalf of Faith Evangelical Free Church, spoke of median
access concerns on West Drake. He stated it was the understanding of the Church that a cut would
be provided to the Church with the possible addition of a deceleration lane.
Vicki Ayella, 300 East Harmony Road, stated her brother was recently slain by Sheriff Department
Deputies and urged Council to appoint a Civilian Review Board.
Sandy Cordova, 2208 Liberty Drive, concurred with comments made by previous speakers regarding
creation of a Civilian Review Board.
Rita Garcia, a Fort Collins resident, expressed concerns regarding the treatment the Roybal family
received by the Larimer County Sheriff s Department.
Paul Bates, 609 Duke Lane, spoke of his concerns regarding the Roybal incident and urged the
formation of a Civilian Review Board.
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February 20, 1996
Dorothy Sandoval, a Fort Collins resident, concurred with comments regarding a Civilian Review I
Board.
Mary Fagan Bates, 609 Duke Lane, concurred with comments regarding a Civilian Review Board.
Jimmy Terroas, 612 Sycamore, concurred with previous comments.
Ralph Apodaca, representing Holy Family Church, concurred with previous comments.
Ramona Roybal, wife of Ernest "Bodie" Roybal, expressed concerns regarding the treatment of the
family after her husband's death and urged the formation of a Civilian Review Board.
Citizen Participation Follow-up
Councilmember Kneeland thanked the family and friends of Ernest `Bodie" Roybal for sharing their
concerns and feelings. She assured the audience that the issue of a Civilian Police Review
Committee would be addressed at the next Health and Safety Committee meeting.
Councilmember Janett concurred with comments by Councilmember Kneeland, stating this was a
tragedy for the family and the community.
City Manager John Fischbach responded to comments regarding the Drake Road widening project
stating changes to the road design are currently being made.
Councilmember Kneeland reported that she and Councilmember Apt have been working with
engineering staff on the Drake Road expansion project, noting pedestrian safety issues have been
discussed.
Mayor Azari requested the City Manager inform Police Chief Fred Rainguet of the concerns and
requests of the citizens regarding the Sheriff s Department and a creation of a Civilian Police Review
Board. She reported discussions regarding truck traffic are been scheduled.
City Manager John Fischbach noted that Item #13, Second Reading of Ordinance No. 18, 1996,
Establishing Certain Interim Standards and Guidelines forAll Commercial Development, has been
amended. City Attorney Steve Roy read the changes to the definition of "drive aisles" into the
record.
City Manager John Fischbach requested that Items #23, Resolution 96-16 Adopting the Transit
Development Plan (TDP) 1996-2002 for Fort Collins, Colorado, and #24, Resolution 96-17
Approving the North Front Range Transportation Demand Management Program, be withdrawn
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February 20, 1996
' from the Consent Agenda and deferred to the March 5, 1996 meeting. He further requested that Item
#26, Resolution 96-19 Authorizing Acquisition by Eminent Domain Proceedings of Certain Lands
for the Drake Road Widening and Spring Creek Improvement Project, be pulled from the Consent
Agenda and discussed as the last item on the Agenda. City Manager John Fischbach requested that
Item #41, Items Related to the Amended Zoning and Rezoning of Two Parcels of Land in the
Harmony Corridor Known as the Harmony Office Park Partnership and the Keenan/Glass Property,
be moved to the Consent Agenda, and stated that Item #35, Items Relating to the Design Standards
and Guidelines for the Eastside and Westside Neighborhoods, was amended to include a 1 year
review provision. He stated that Item #36, First Reading of Ordinance No. 29, 1996, Establishing
a Manufacturing Use Tax Rebate Program for Eligible Manufacturing Firms, and Item #40, Items
Relating to Federal Legislation to Accomplish an Exchange of Land, had been amended and the
amended version had been included in the Council read before the meeting folder. He requested a
motion to move Item #38, Resolution 96-22 of the Council of the City of Fort Collins Making
Findings of Fact and Conclusions Regarding the Appeal from a Decision of the Planning and
Zoning Board Relating to the Registry Ridge Overall Development Plan and Preliminary P. U.D.,
be moved to March 5, 1996.
Mike Nicely, 300 East Harmony Road, requested that Item #22, Resolution 96-6Allocating $250,000
of Community Development Block Grant (CDBG) Funds, be withdrawn from the Consent Agenda.
***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 #31, Public Pulled Consent Items.
Funds were appropriated in 1995 for specific purposes as described below, but not spent.
The unspent funds were added to the reserves at the end of 1995. Appropriations were
typically not spent because there was no known vendor or binding contract to encumber the
funds for expenditure in 1995. Ordinance No. 4, 1996 which was unanimously adopted on
First Reading on February 6, 1996, reappropriates the 1995 funds for the same uses as were
originally approved by Council in 1995.
Ordinance No. 5, 1996, which was unanimously adopted on First Reading on February 6,
' 1996 changes the wording which clarifies the amendment to the volume -based trash rates
84
February 20, 1996
ordinance that was approved on January 2, 1996. It provides more detail about how waste '
haulers may charge collection fees based on the volume capacity of containers, in increments
of 33 gallons, which is the standard garbage can/bag size.
The Drake/College Intersection is one of the Choices 95 capital improvement projects
approved by voters in 1989. When the project scope and budget were developed prior to the
Choices 95 election, the plan for improvements generally consisted of double left turn lanes
on College, right turn lanes at the corners, and storm sewer, traffic signal, and landscaping
improvements. This project scope is very similar to the scope for the Prospect/College
Intersection, a Choices 95 project constructed in 1995.
Preliminary plans for the Drake/College Intersection have been completed. During
preliminary design, improvements for bicycles, pedestrians and vehicles which were outside
the original scope of the project were identified as desirable. These suggested improvements
include the addition of on -street bicycle lanes on East Drake from College one block east to
Harvard, the addition of sidewalk on the south side of West Drake from College one block
west to McClelland, and the construction of a second left turn lane from West Drake onto '
northbound College. Ordinance No. 6, 1996 was unanimously adopted on First Reading on
February 6, 1996.
10. Second Reading of Ordinance No. ••. Authorizing the Purchasing -1 . Enter into
an Agreement for the Lease -Purchase Financing of Vehicles and Equipment.
Ordinance No. 7, 1996 was unanimously adopted on First Reading on February 6, 1996 and
authorizes the Purchasing Agent to enter into a lease -purchase financing agreement with
Safeco Credit Company, Inc. at 5.12% percent interest rate, for the purchase of required
vehicles and equipment. The agreement shall be for an original term of one year from the
execution date of the agreements. The 1996 lease -purchase payments will not exceed
amounts already appropriated for 1996. The agreement provides for renewable one-year
terms thereafter, subject to annual appropriation of funds needed for lease payments. The
payment schedule will provide for full payment of the amount associated with each leased
item within the estimated useful life of that item. This lease -purchase financing is consistent
with the financial policies of the City of Fort Collins.
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February 20, 1996
Creation of the Office of Electric Utility Services and the Office of Water. Wastewater and
Smrmwater Utility Services,
Ordinance No. 8, 1996, which was unanimously adopted on First Reading on February 6,
1996 eliminates the Office of Utility Services and create two new service areas, the Office
of Electric Utility Services, and the Office of Water, Wastewater, and Stormwater Utility
Services.
Second12, Reading of Ordinance N• 9. 1996,Amending • : of 1.1 -
Code to Change the Name of the Cable TV Board to the Telecommunications Board and to
Broaden its Function.
The coming deregulation of the telecommunications industry will almost certainly increase
the number of voice, video and data providers in the Fort Collins area. Cable operators will
soon be joined by wireless providers, phone companies and perhaps others who will compete
for customers in the Fort Collins area. It is imperative that local government define its role
with regard to telecommunications providers and in relation to such issues as right-of-way
access and management, zoning requirements and others. In the context of this rapidly
changing telecommunications environment, the Cable TV Board and staff believe that it is
appropriate at this time to broaden the scope of the Board's advisory function to include
' other telecommunications providers in addition to cable TV. Ordinance No. 9, 1996 was
unanimously adopted on First Reading on February 6, 1996.
13. Second Reading of Ordinance No- 181996 Establishing Certain Interim Standards and
Guidelines for All Commercial Development
The Interim Standards and Guidelines for all commercial developments are adapted from
results of the Harmony Corridor, "Big Box Retail", and North College Projects, with City
Plan and the Visual Preference Survey in mind. The standards and guidelines would apply
to all commercial development (all development that is not residential or industrial) in the
City.
Ordinance No. 18, 1996, which was unanimously adopted on First Reading on February 6,
1996 establishes interim standards and guidelines for all commercial development and apply
in all development review processes such as PUD's and use -by -right review.
As was discussed on First Reading, there have been minor changes in the wording of the
Standards and Guidelines. Three of the standards (Nos. 9, 10, and 11) have been slightly
modified and one new Guideline has been added. The new Guideline (No. 20) is an excerpt
from both the Harmony and North College Corridor projects. In addition, illustrations have
been added to the Standards and Guidelines since First Reading.
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February 20, 1996
14. First Reading
of Ordinance
No. 20- 1996- Adopting Updated Rules and Regulations
Governing
Grandview and Roselawn
Cemeteries.
The Cemetery Rules and Regulations were adopted in 1984 and have not been updated since
1988. Construction of the new mausoleum and columbarium required additions to the Rules
and Regulations and prompted a comprehensive review. This review was conducted by
Cultural, Library, and Recreational Services staff, by the City Attorney's staff, and by outside
legal counsel specializing in cemetery legal matters.
A public meeting, which local funeral directors and memorial dealers were invited and
encouraged to attend, was held on February 7. The apparent consensus of those in attendance
was supportive of the proposed revised rules and regulations, and no concerns or suggested
revisions were voiced.
The City's Cemetery Rules and Regulations have proven to be effective and comprehensive
in governing cemetery operations. This update primarily involves "housekeeping" changes
except for the new sections regulating the mausoleum and columbarium. Council approval
of these changes is needed because the original Rules and Regulations were adopted by the
Council, and because the rules and regulations have the force of law in accordance with
Section 23-156(b) of the City Code.
Cemetery15. First Reading of Ordinance No. 21. 1996. Appropriating Prior Year Reserves from the
Fund for the "Four. • • u•. aComplex" a
Grandview r
Sales of niches in the new, not yet completed, columbariums at Grandview Cemetery have
far exceeded projections and there is an immediate need of more niches. At the time initial
projections of demand were made, no area data was available. As a result, that projection
(that eight crypts and nine niches would be sold in the first year) was well below what actual
experience has shown. In just four months, eight crypts and 43 niches have been sold. These
sales represent over one-third of the total number of the niches presently being constructed,
96, and have generated revenue of over $57,000. Approval of this Ordinance will provide
funding for 96 more niches which will be added to the east end of the mausoleum. Adding
these niches now, instead of in the year 2001 as originally planned, will be more cost
effective. In addition, the granite used in the new construction will be more closely matched
to the granite color of the existing mausoleum, than likely would be the case at that later date,
because the additional granite can be ordered from the same source.
16.
First Reading
of Ordinance
No.
22, 1996. Appropriating
Prior
Year Pleseves-1y fte
Transportation
Services
Fund and
General Fund
Reserves to be used
fQLJr_aTsDafation
Administration
Programming.
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February 20, 1996
On March 6, 1995, an organizational model for Transportation Services was implemented
whereby the Service Area was divided into two working groups and an administrative unit.
Transportation Administration was created to provide overall direction, planning,
organization, coordination, supervision, and leadership of the newly created Service Area.
Staff has been working to identify needs within the Transportation Administration function,
and identify funding sources to support those needs. $48,000 is available in the
Transportation Reserve for the funding of Transportation Administration in 1996. In 1995,
$19,000 was budgeted but not spent by Transportation Administration. This amount is still
available because support in the form of office furniture, computers, telephone charges, and
other basic needs was provided by the Streets Department in 1995. In addition, staff
minimized conference and training expenditures and did not have to pay consulting fees in
1995 as originally budgeted.
Another $29,000 comes from Transportation Planning as a result of salary savings from
unfilled positions in 1995. Engineering Division charges to capital projects were above the
1995 target. For this reason, $6,575 is also available from General Fund prior year reserves.
The total funding to be appropriated from both reserves is $54,575.
17. First Reading of Ordinance No 23 1996 Appropriating Unanticipated Revenue in the
General Fund for the Regional Conference "At Rick Victims of Crime• Broadening Our
Horizons".
This Ordinance appropriates unanticipated grant and conference fee receipts in the total
amount of $22,250 for the regional conference: "At Risk Victims of Crime: Broadening Our
Horizons" to take place June 27 and 28, 1996. The conference is a comprehensive effort to
offer information and skills development to law enforcement officers, health care
professionals and social service personnel, working with the elderly, children, persons with
disabilities, hate crime victims and other special populations.
WINEff r• . .i.u.N"M�.�
A. Resolution 96-15 Renewing the Landmark Rehabilitation Grant Program for 1996.
B. First Reading of Ordinance No. 24, 1996, Establishing the Landmark Rehabilitation
Grant Program as an Ongoing Project of the City of Fort Collins.
C. First Reading of Ordinance No. 25, 1996, Appropriating Prior Year Reserve Funds
in the General Fund for the 1996 Rehabilitation Grant Program.
Renewing this grant program for 1996 allows the City to offer a successful and beneficial
program in support of historic preservation. Grants may be awarded of up to $2,500 for
residential rehabilitation projects or up to $5,000 for commercial rehabilitation projects.
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February 20, 1996
Grant recipients must provide matching funds in an amount at least equal to the amount of I
the grant.
Ordinance No. 24, 1996 establishes the Landmark Rehabilitation Grant Program as an
ongoing project of the City of Fort Collins. Establishing the program as an ongoing project
accomplishes two goals. First, since 1994, resolutions have been brought before the City
Council each year to start the program. Establishing the program as ongoing, eliminates this
repetition and allows the City to have fixed application deadlines and dates for awarding the
grant that do not fluctuate. Second, establishing the program as an ongoing project of the
City of Fort Collins reinforces the City Council's commitment to historic preservation.
The Resolution renews the program for 1996 as it existed in 1995 so that the City may begin
to accept applications by March 30, 1996, deadline.
Since 1987 coordination of emergency management planning for the City has been handled
by Police Services. A full time Emergency Management Coordinator was hired in June of
1989 and was responsible for developing, implementing and maintaining an emergency
preparedness program for the City. The individual who was performing the function of
Emergency Management Coordinator has assumed other duties with the City and there is I
currently no one filling the position.
Because of its role as a primary responder to a wide variety of emergencies, it is
recommended the responsibilities of emergency management be transferred to the Poudre
Fire Authority (PFA). The PFA has a high level of training and expertise in dealing with
large scale emergencies.
The only Code change required is to designate that the Office of Emergency Management
be located within the PFA rather than Police Services.
Last month the Council passed on second reading Ordinance No. 171, 1995, adopting the
Standards and Guidelines for the North College Avenue Corridor. Section 29-525 of the
Code is a reference list of all of the City's regulatory land use standards. That section also
states (in addition to other sections of the Code) that land development must conform to the
City's regulatory standards to the extent that such standards are expressly intended to
regulate those developments. The purpose of this Ordinance is simply to add the Standards
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February 20, 1996
and Guidelines for the North College Avenue Corridor to the list of standards referenced in
Section 29-525.
During the Westbury P.U.D. public review process, a need was identified by both citizens
and the City to link via pedestrian access the Westbury P.U.D. and The Ridge to the Cathy
Fromme Prairie and the future Fossil Creek Trail.
A 60 foot right-of-way that runs into Regency Drive in The Ridge P.U.D. was previously
dedicated for potential vehicular access, which is no longer desired. However, a 12 foot strip
is needed for the desired pedestrian access. The Ordinance vacates the remaining 48 feet to
be used as common open space and managed by The Ridge Homeowners Association. No
other City departments or area utilities identified a need for the vacated portion.
Also a 60 foot right-of-way linking The Ridge P.U.D. to the Cathy Fromme Prairie was
previously dedicated for potential vehicular access and is no longer desired. The Ridge
Homeowners Association has requested that this right-of-way be vacated and in exchange
The Ridge Homeowners Association will grant a 15 foot easement approximately 500 feet
to the east for pedestrian access and utilities. That easement is being brought before the
Council for acceptance at this meeting, as a Routine Easement. This easement would
implement that portion of the Cathy Fromme Management Plan that indicates a pedestrian
link to The Ridge is necessary for access to the future Fossil Creek Trail. This new
easement strip will take care of all identified City and Utility needs. The City staff is
agreeable to this location change. Therefore, the Ordinance vacates the existing 60 foot
right-of-way. Once this area is vacated, The Ridge Homeowners Association will take over
management responsibilities.
22. Resolution •• • Allocating $250.000 of •u Development Block GranUft-910e
On June 6, 1995, the City Council passed Resolution 95-76 which allocated funds from the
City's Community Development Block Grant (CDBG), from the Department of Housing and
Urban Development, to various applicants for the FY 1995-96 Program year. One of the
projects approved for funding was a "Set -Aside for Mobile Home Park Development
Assistance" in the amount of $235,000. At the start of the FY 1995-96 CDBG Program year,
on October 1, 1995, the City advertised for proposals for expenditure of the available funds.
Several applications were received and reviewed by the CDBG Commission which presents
a recommendation for funding to the City Council for use of the $235,000 plus the use of
$15,000 from the CDBG contingency fund, for a total allocation of $250.000. Copies of all
' applications were submitted earlier to the Council.
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February 20, 1996
At the January 16, 1996, Council meeting, the Council tabled consideration of Resolution '
96-6 pending clarification of information and issues related to relocation efforts for Pioneer
residents. The Council directed staff to prepare a comprehensive review of what is being
done to assist Pioneer families. Staffs report was previously distributed to the Council. The
Council also requested that the agencies involved in finding options for Pioneer residents
meet to discuss how to best utilize the available CDBG funds. Such a meeting was held on
January 23, 1996, and a consensus of those who attended the meeting was reached as to how
to best use the CDBG funds. On February 6, 1996, the Council again tabled consideration
of Resolution 96-6 to allow the CDBG Commission another opportunity to discuss the use
of the CDBG funds. The Commission met on February 8, 1996, to review all of the
proposals and reconsider their original recommendation to the Council. A revised
recommendation from the Commission is reflected in the redrafted Resolution 96-6.
Colorado.23. Resolution 96-16 Adopting the Transit Development Plat #WP) 199f)-2002 for FoV,-ezffiv-r
The Transit Development Plan 1996-2002 is a plan for the development of transit services
in the Fort Collins Urban Growth Area. Staff is asking City Council to adopt this Transit
Development Plan as the city's guide to the implementation of transit services for the seven
year period. The Executive Summary briefly describes each of the eleven chapters in the
Transit Development Plan and is provided as a condensed version of the Plan itself.
Beginning on page 8 of the Executive Summary is a discussion of the Transit Development '
Plan's Preferred Service Plan which details the overall recommended service improvements.
Other key aspects of the Plan described in the Executive Summary include an
implementation model and suggestions concerning appropriate next steps which will be
necessary for the implementation of this Transit Development Plan.
Resolution24. Approving the North Front Ranize Transportationn•i•W u-�
Program,
The goal of the TDM Program is to design and implement a plan to achieve a 10% reduction
in single occupant vehicle (SOV) trips by 2015 as specified in the Regional Transportation
Plan. The North Front Range TDM Program is sponsored by the MPO and is a collective
effort of the cities and counties of the North Front Range, as well as the Colorado
Department of Transportation. The program allows municipalities to customize their TDM
strategies to fit their local objectives and community character.
25. Resolution 96-18 Authorizing AcQuisifion byEminent Domain Proceedings of Certain Lands
for the Colle2e/Drake Intersection Prqject.
The construction of a Choices 95 transportation project --the College/Drake Intersection
project --is currently scheduled for the summer and fall of 1996. The proposed capital
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February 20, 1996
' improvements at this intersection include the construction of double left turn lanes on
College, a right turn lane at the southeast corner, medians and on -street bicycle lanes on
Drake, curb and gutter, sidewalks, landscaping, and related improvements.
Construction of the proposed improvements will require the acquisition of additional
permanent right-of-way (ROW) and/or temporary construction easements from 14 properties.
Staff has initiated the ROW acquisition process --discussing the project with the property
owners, obtaining appraisals, preparing offers and negotiating for the required ROW. Staff
will continue good faith negotiations and expects that most, if not all, of the negotiations will
be successful. However, to ensure that the City will be able to secure possession of all the
ROW in time to begin construction of the improvements this summer, it is necessary to
initiate the first step of the eminent domain process --the passage of a resolution authorizing
acquisition by eminent domain --at this time.
• M.
• . . . . �WIMN u. 041-MR1111701
The City is seeking to acquire right-of-way (ROW) from 12 properties for the construction
of a transportation/storm drainage/recreation trail capital improvement project --the Drake
Road Widening and Spring Creek Improvement Project. Property appraisals have been
completed and sufficient funds have been appropriated and budgeted for the Drake Road
Widening and Spring Creek Improvement Project to acquire the necessary ROW.
The developer of Wild Wood Farm would like to change the name of one street in Wild
Wood Farm P.U.D., Third Filing. The change would be as follows:
Wild Rose Court changed to Rose Court.
The name change is requested in order to (1) reconcile the street name on the subdivision plat
and utility plans with the name on the approved P.U.D. Site and Landscape Plan; and (2)
eliminate a duplication with Wild Rose Way in southwest Fort Collins. There are as yet no
existing homes on the affected street. The owner/developer of the P.U.D. is aware of the
name change and is in agreement.
Resolution 96-21 endorses SB 96-1 sponsored by Senator Ray Powers and Representative
Steve Acquafresca reinstating the old "Noble Bill" The bill allocates a portion of the
currently collected state sales and use tax to the Highway Users Tax Fund (HUTF). The
' estimated $140M to $150M per year proposed to be transferred is equivalent to the estimated
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February. 20, 1996
amount of state sales tax collected on the sales of motor vehicles and vehicle -related '
accessories such as batteries, oil and tires. The revenues would be shared on the 60-22-18
formula (60% state, 22% counties, and 18% municipalities).
A vacancy currently exists on the Cultural Resources Board due to the Board's request that
Ahmed Fallah be replaced due to lack of attendance at Board meetings. Councilmembers
Janett and Smith interviewed Joan Day whose application was on file and are recommending
that she be appointed to fill the vacant term which expires June 30, 1997.
A. The Ridge Homeowners Association has requested that this right-of-way be vacated
and in exchange the Ridge Homeowners Association will grant a 15 foot easement
approximately 500 feet to the east for pedestrian access and utilities.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
Guidelines13. Second Reading of Ordinance N!2- 18, 1996, Establishing Certain Interim Standards an
•r All Commercial Development.
35. Items • to the Design Standards and Guidelines for the Eastside and Westside 91
Neighborhoods.
A. Second Reading of Ordinance No. 13, 1996, of the Council of the City of Fort
Collins Adopting the "Neighborhood Character Design Guidelines for the Eastside
and Westside Neighborhoods in Fort Collins."
B. Second Reading of Ordinance No. 14, 1996, of the Council of the City of Fort
Collins Amending Chapter 29 of the Code of the City by Incorporating into the
Zoning Code Certain Changes for the Purpose of Promoting and Implementing the
Objectives of the Eastside and Westside Neighborhood Plans.
37.
Second
Reading
of Ordinance
No.
1
1996 of
the Council
of the
City
of
Fort Collins
Amending
Certain
Criteria
Contained
in
Section
_'
• of the City
Code.!
Criteria
Pertain to
the Review
of Proposed Residential
11.
1" _.1d
Development
d.1 -
System,
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IL. 1• �.11 l 1" l O •1 � r � ! 1" 1 1 .11 �." ' •1-1
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February 20, 1996
A. Second Reading of Ordinance No. 146, 1995, Amending the Zoning District Map of
the City of Fort Collins by Amending the Zoning Classification for that Certain
Property Known as the Harmony Office Park Partnership Amended Zoning.
B. Second Reading of Ordinance No. 147, 1995 Amending the Zoning District Map of
the City of Fort Collins by Changing the Zoning Classification for that Certain
Property Known as the Keenan/Glass Property Rezoning.
Items on First Reading were read by title by City Clerk Wanda Krajicek.
14. First Reading of Ordinance No. 20, 1996, Adopting Updated Rules and Regulations
Governing Grandview and Roselawn Cemeteries.
15. First Reading of Ordinance No. 21, 1996, Appropriating Prior Year Reserves from the
Cemetery 1! for"Four• M• • H • u•• LLComplex"
Grandviewr
16. First Reading of Ordinance No. 22. 1996, Appropriating Prior Year Reserves in the
Transportation Services Fund .1! General Fund Reserves to be . for Transportation
Administration Programming.
Reading17. First of Ordinance No, 23. 1996,Appropriating 1. •. . Revenue
General Fund for the Regional Conference "At Risk Victims of Crime: Broadening OU
Horizons".
18. Items Relating to Landmark Rehabilitation.
A. First Reading of Ordinance No. 24, 1996, Establishing the Landmark Rehabilitation
Grant Program as an Ongoing Project of the City of Fort Collins.
B. First Reading of Ordinance No. 25, 1996, Appropriating Prior Year Reserve Funds
in the General Fund for the 1996 Rehabilitation Grant Program.
1. -1 ur! I I MR-i I I M Ila I •u • • '• - •'• . - 1•
21. First Reading of Ordinance No. 28. 1996. Vacating Portions of Street Rig e
Ridge
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February 20, 1996
36. First Reading of Ordinance No. 29, 1996. Establishiiig a Manufacturing Use Tax Rebate
Pro2ram for. u.Firms.
Councilmember Smith made a motion, seconded by Councilmember Kneeland, to adopt and approve
all items not removed from the Consent Agenda. Yeas: Councilmembers Apt, Azari, Janett,
Kneeland, McCloskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Resolution 96-6
Allocating $250,000 of Community
Development Block Grant (CDBG) Funds, Adopted as Amended
The following is staff's memorandum on this item.
"Executive Summary
On June 6, 1995, the City Council passed Resolution 95-76 which allocated funds from the City's
Community Development Block Grant (CDBG), from the Department of Housing and Urban
Development, to various applicants for the FY 1995-96 Program year. One of the projects approved
for funding was a "Set -Aside for Mobile Home Park Development Assistance" in the amount of
$235,000. At the start of the FY 1995-96 CDBG Program year, on October 1, 1995, the City '
advertised for proposals for expenditure of the available funds. Several applications were received
and reviewed by the CDBG Commission which presents a recommendation for funding to the City
Council for use of the $235,000 plus the use of $15,000 from the CDBG contingency fund, for a total
allocation of $25,000. Copies of all applications were submitted earlier to the Council under
separate cover.
At the January 16, 1996, Council meeting, the Council tabled consideration of Resolution 96-6
pending clarification of information and issues related to relocation efforts for Pioneer residents.
The Council directed staff to prepare a comprehensive review of what is being done to assist Pioneer
families. Staffs report was previously distributed to the Council (see January 24, 1996,
memorandum from Ken Waido, Chief Planner). The Council also requested that the agencies
involved in finding options far Pioneer residents meet to discuss how to best utilize the available
CDBGfunds. Such a meeting was held on January 23, 1996, and a consensus of those who attended
the meeting was reached as to how to best use the CDBG funds. On February 6, 1996, the Council
again tabled consideration of Resolution 96-6 to allow the CDBG Commission another opportunity
to discuss the use of the CDBG funds. The Commission met on February 8, 1996, to review all of
the proposals and reconsider its original recommendation to the Council. A revised
recommendation from the Commission is reflected in the redrafted Resolution 96-6.
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February 20, 1996
IBACKGROUND:
On June 6, 1995, the City Council passed Resolution 95-76 which allocated funds from the City's
Community Development Block Grant (CDBG) from the Department of Housing and Urban
Development to various applicants for the FY 1995-96 Program year. One of the projects approved
for funding was a "Set -Aside for Mobile Home Park Development Assistance" in the amount of
$235,000.
At the start of the FY 1995-96 CDBG Program year, on October 1, 1995, the City advertised to
solicit proposals for expenditure of the available funds. A request for applications was necessary
because a specific application for mobile home development assistance project/program was not
approved as part of Resolution 95-76. The City initially received the following three proposals:
$235,000 Fort Collins Housing Authority
Homeownership Opportunities - 600 Block Tenth Street
Project proposes to develop 33 modular homes for sale in the $75,000 price range
on property owned by the Authority, located in the 600 block of Tenth Street, which
is south of Vine Drive, east ofAndersonville, and north of the San Cristo Subdivision.
Sales would be restricted to Pioneer families for 30-60 day window of opportunity.
' CDBG funds would be used for infrastructure improvements. The minimum
qualifying income would be $22,000.
$ 62,250 The Resource Assistance Center for Nonprofits, Inc.
Parkway Townhouses - 14 townhouses
Project proposes to build 14 townhomes plus a community building to relocate 14
families from Pioneer Mobile Home Park. CDBG funds would be used to acquire
SID Parcel #7725-77-001-002, located on the northwest corner of JFK Parkway and
Troutman Parkway and SID Parcel #97360-00-051 a.k.a. Eastside Venture Property,
located on the west side of JFK Parkway, south of Troutman Parkway.
$165,000 Neighbor to Neighbor, Inc.
Relocation Assistance and Counseling
Project includes housing counseling, bi-lingual translation and relocation payments.
JD&M Management Company, owner of the Pioneer Mobile Home Park, has
provided $750 per family to assist with relocation expenses. CDBG funds would
match JD&M's funds to provide each family with $1,500 for relocation expenses
(damage deposits, utility transfer costs, first month's rent, trailer moving and/or
storage, moving truck rental, and other needs).
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February 20, 1996
The above applications were reviewed by the CDBG Commission on November 9, 1995. During the '
meeting, a potential applicant (Don Parsons) addressed the Commission regarding a proposed
mobile home park development project. Mr. Parsons indicated he had intended to work with the
Housing Authority on a joint proposal for CDBGfunds. However, through some miscommunication,
the joint application was not prepared in time to be submitted by the application deadline. The
Commission chose not to make a recommendation for funding based on the applications received
but decided to reopen the process for additional or revised applications (see attached November 9
meeting minutes).
The City readvertised on November 14, 1995. At the close of the second process the following three
applications were received:
$235,000 Fort Collins Housing Authority
Homeownership Opportunities - 600 Block Tenth Street
Same proposal as described above.
$ 35,000 The Resource Assistance Center for Nonprofits, Inc.
Parkway Townhouses - II townhouses
Project proposes to build 11 townhomes plus a community building to relocate 11
families from Pioneer Mobile Home Park. CDBG funds would be used to acquire '
SID Parcel #97360-00-051 a.k.a. Eastside Venture Property, located on the west side
of JFK Parkway, south of Troutman Parkway.
$200,000 Neighbor to Neighbor, Inc.
Rehabilitation and Relocation of Pioneer Mobile Homes and Relocation Assistance
Project includes $15,000 of CDBG funds for housing counseling, bi-lingual
translation and relocation payments. JD&M Management Company, owner of the
Pioneer Mobile Home Park, has provided $750 per family to assist with relocation
expenses. Another $100,000 of CDBGfunds would match JD&M's funds to provide
each family with $1,500 for relocation expenses (damage deposits, utility transfer
costs, first month's rent, trailer moving and/or storage, moving truck rental, and
other needs). And another $85,000 of CDBG funds would be used to match $56,000
of Habitat for Humanity Subcommittee funds (SE Pastors communityfund raising
effort) for rehabilitation of mobile homes. Expenditures would include rewiring,
adding insulation, adding exterior siding, adding a sloped roof, new paint, or other
means to meet the goals of the project in accordance with rules and codes of the City
and the new park. The total amount of $135,000 would be equivalent to
approximately $3,375 per unit.
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February 20, 1996
The above applications were reviewed by the CDBG Commission on December 14, 1995. One of
the initial applicants resubmitted the same proposal, while the other two initial applicants used the
additional time to submit slightly different proposals. The Commission forwarded the following
recommendation to the City Council for allocation of available funds (see attached December 14
meeting minutes):
$150,000 Fort Collins Housing Authority
Homeownership Opportunities - 600 Block Tenth Street
Justification:
The Commission believes this project provides homeownership opportunities. This
project would also benefit more residents than the other proposals.
$ 85,000 Neighbor to Neighbor, Inc.
Rehabilitation of Pioneer Mobile Homes (only)
Justification:
The Commission believes this project provides rehabilitation opportunities which are
' necessaryfor Pioneer mobile homes to be relocated to an appropriate site in Fort Collins.
This project would also benefit more residents than the other proposals.
. anuary 16. 1996 City Council Meeting
On January 16, the Council considered Resolution 96-6 which would have allocated the available
$235,000 of CDBGfunds in accordance with the CDBG Commission's recommendation. Public
input at the meeting presented conflicting information as to the needs of Pioneer families and what
options were being developed for relocating Pioneer residents. Council tabled consideration of
Resolution 96-6 pending clarification of information and issues related to relocation efforts. The
Council directed staff to prepare a comprehensive review of what is being done to assist Pioneer
families. Staff s report was previously distributed to the Council. The Council also requested that
the agencies involved in finding options for Pioneer residents meet to discuss how to best utilize the
available CDBG funds. Such a meeting was held on January 23, 1996.
January 23, 1996 Meeting
On January 23, City staff conducted a meeting which was attended by most of the principal players
dealing with the Pioneer relocation issue (a listing of those who attended the meeting is attached).
Rusty Collins, Executive Director of Neighbor to Neighbor, spoke against the CDBG Commission's
recommendation allocating $85,000 to Neighbor to Neighbor for rehabilitation of mobile homes.
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February 20, 1996
Mr. Collins indicated that Neighbor to Neighbor has no rehabilitation expert on staff, that one '
would need to be hired though a contract, and that no funds were available for administration of
a rehabilitation program. Mr. Collins reiterated the agency's need for additional housing
counseling funds and funds to match relocation assistance from JD&M Management Company
(pledged at $750 per unit) and the $56,000 raised by the Habitat for Humanity Subcommittee (SE
Pastors' community fund raising effort).
After much discussion, Shelly Stephens, Director of the Fort Collins Housing Authority, indicated
a willingness to withdraw the Authority's request for funding, which was supported by the CDBG
Commission for an amount of $150,000, for development of homeownership opportunities on a
property located east of Andersonville (Tenth Street) if the consensus of opinions from those at the
meeting was that the funds could go to better purposes.
After considering other options, those in attendance reached a consensus on how best to utilize the
CDBG funds. The following represents the consensus after the January 21 meeting:
$200,000 Neighbor to Neighbor
$15,000 Housing Counseling
$15,000 of CDBG funds will be matched with $15,000 from JD&M Management
Company for the housing counseling program. I
$185,000 Relocation Assistance
CDBGfunds will be matched with $750 per family from JD&M and
$56,000 from the Habitat for Humanity Subcommittee (community
fund raising effort) to create a pool of relocation assistance funds for
moving expenses, utility connections, etc. Another $55,000 is
available from the City's HOME Program for down payment
assistance. These funds are all available on a first come first served
basis.
$35, 000 TRAC
These funds will be used for the payment of development fees for the
Parkway Townhomes project located on JFK Parkway
On February 6, the Council again tabled consideration of Resolution 96-6 to allow the CDBG
Commission another opportunity to discuss the use of the CDBG funds.
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February 20, 1996
At the February 8 meeting, the Commission reconsidered all applications for the available CDBG
funds. The Commission understood they basically had the following three options: (1) stay with
their initial recommendation of December 14; (2) endorse the consensus made at the January 23
meeting; or (3) formulate a new recommendation. As part of their process, the Commission
discussed each proposal with each applicant, and solicited comments from the public who attended
the meeting, included representatives from the Pioneer Mobile Home Park Homeowners
Association, and all the major participants from the January 23 meeting. After much discussion (see
attached minutes of the February 8 meeting), the Commission decided to forward the following
recommendation to the Council:
$150,000 Fort Collins Housing Authority
Homeownership Opportunities - 600 Block Tenth Street
Justification:
The Commission believes the direction given by the Council for the primary
use of funds from the CDBG Program is to produce units which will add to
the affordable housing stock in the community. This project provides for 20
homeownership opportunities for Pioneer residents.
$35, 000 TRAC
Homeownership opportunities - Parkway Townhomes Project
Justification:
These funds will be used for the payment of development fees for the Parkway
Townhomes project located on JFK Parkway which will add 12
homeownership opportunities for Pioneer residents (an additional unit is
possible due to a slight increase in the property's size).
$50,000 Neighbor to Neighbor
Relocation Assistance
Justification:
CDBG funds will be matched with $750 per family from JD&M and $56,000
from the Habitat for Humanity Subcommittee (communityfund raising effort)
to create a pool of relocation assistance funds (approximately $1,400 per
family) for moving expenses, utility connections, etc. Another $55,000 is
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February 20, 1996
available from the City's HOME Program for down payment assistance. I
These funds are all available on a first come first served basis.
In addition to the recommendations above for use of the $235,000 of CDBG funds, the Commission
also recommends the Council designate $15,000 of FY 1995-96 CDBG Program Contingency funds
as follows:
$15,000 Neighbor to Neighbor
Housing Counseling
Justification:
$15,000 of CDBG funds will be matched with $15,000 from JD&M
Management Company for the housing counseling program.
The above recommendationsfrom the CDBG Commission are reflected in a revised Resolution 96-
6."
Chief Planner Ken Waido gave a presentation on this item and stated several public meetings have
been held regarding funding uses. He clarified HOME funds were not specifically set aside for
residents of Pioneer Mobile Home Park.
Dan MacArthur, Chair of the CDBG Commission, gave a brief description of the proposal. '
Councilmember Janett made a motion, seconded by Councilmember Kneeland, to adopt Resolution
96-6.
Mike Nicely, 300 East Harmony Road, concurred with the CDBG recommendation.
Betty Maloney, 1309 City Park Avenue, expressed affordable housing and fund allocation concerns,
and spoke in support of allocating a larger sum of money to Neighbor to Neighbor to assist in
counseling and moving expenses.
Lou Stitzel, 521 East Laurel, spoke of the need for long term affordable housing solutions.
Yolanda C. Nicely, 300 East Harmony Road, stated if the motion is adopted it would be disastrous
to the majority of the families. She expressed her frustration with the City not being able to acquire
land to build a mobile home park to move park residents.
Marcus Neira, 300 East Harmony Road, believed Council could do more to help in the relocation
process.
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February 20, 1996
Sandra Lacey, President of Pioneer Mobile Home Park Association, concurred with previous
speakers comments and thanked the CDBG Commission and Council for its help. She urged
Council to continue helping with relocation assistance.
Liz Neira, 300 East Harmony Road, urged Council to allocate $200,000 to Neighbor to Neighbor and
$35,000 to TRAC. She stated although the Housing Authority has a good plan, it would take too
long to accomplish and the majority of the current Pioneer residents would not be able to afford the
Housing Authority's proposal.
Alan Fluharty, Finance Director of the Fort Collins Housing Authority, spoke of the funding process.
Jeff Wright, Pastor of Heart of the Rockies Christian Church and representing a group of Pastors in
the South East area, stated neither proposal addressed the needs of the residents of Pioneer Mobile
Home Park and suggested funds be used from the Affordable Housing Trust Fund to match the funds
committed by JD&M.
Sister Mary Alice Murphy, 1712 Erin Court, reported CARE Housing has committed 15-20 new
units to qualifying residents of Pioneer Mobile Home Park available on September 1. She clarified
the term "qualifying" and spoke of the importance of setting aside funds to help with relocation
efforts.
' Kelly Halverson, CSU Intern, reported a portion of her intern assignment was to work with displaced
residents of Pioneer Mobile Home Park. She commended the residents of Pioneer Mobile Home
Park for efforts in educating themselves and working to find possible solutions. She expressed
frustration regarding the impact college students have on the rental situation in Fort Collins.
Denise Prizler, Larimer County resident, stated mobile home parks provide another means of
affordable housing and emphasized the need to develop additional mobile home parks. She spoke
of the affect rapid growth has had on property values and rents charged.
Dan MacArthur, Chair of the CDBG Commission, stated the Commission is trying to reach a
compromise for assisting with relocation efforts. He emphasized that even if more funds were
available it is likely, given the cost of rentals, not all Pioneer Mobile Home Park residents would be
able to remain in Fort Collins due to the high cost of housing.
Councilmember Smith questioned the average costs involved with rehabilitation and renovation.
Chief Planner Ken Waido stated, based on information staff has received, it would cost on an
average of $10,000 to $15,000 per unit for relocatation and rehabilitation. He stated using funds
for rehabilitation was not a viable option.
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February 20, 1996
Bill Steffes, Vice Chair of the CDBG Commission, stated there is no available space to relocate the I
mobile homes and clarified the TRAC housing proposal comes closest to being affordable.
Alan Fluharty, Finance Director of the Fort Collins Housing Authority, clarified the waiting list for
HUD funded Section 8 and public housing programs is 2 to 4 years and spoke of the number of units
available in Fort Collins.
Councilmember Kneeland supported the motion and concurred with comments regarding the need
to look at funds available in the Affordable Housing Trust Fund to assist Pioneer Mobile Home Park
residents.
Councilmember McCluskey opposed the motion and stated that this is not a solution to the problem.
Councilmember Apt opposed the motion.
Councilmember Smith spoke in support of the motion and stressed his frustration with the lack of
community support that has been shown.
Councilmember Wanner stated he did not support the motion and stated that he did not believe other
funds have been identified.
Councilmember Janett spoke of the immediate needs of Pioneer residents stating she favored '
relocation efforts at the current time and did not support the motion.
Mayor Azari stated she supported the motion and spoke of the need for creating a relocation fund.
The vote on Councilmember Janett's motion was as follows: Yeas: Councilmembers Azari,
Kneeland, and Smith. Nays: Councilmembers Apt, Janett, McCluskey and Wanner.
THE MOTION FAILED.
Councilmember Janett made a motion, seconded by Councilmember McCluskey, to adopt Resolution
96-6 allocating $35,000 to TRAC for Parkway Townhomes development fees, $200,000 to Neighbor
to Neighbor for relocation assistance, and $15,000 to Neighbor to Neighbor for housing counseling.
Councilmember Kneeland questioned if Neighbor to Neighbor could take on such a project without
having a plan.
Rusty Collins, Executive Director of Neighbor to Neighbor, stated that they are already working with
the families and believed it was a "doable" project. He stated he did not believe even with the funds
it would be possible to find affordable housing for all the residents in need of housing.
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February 20, 1996
' City Manager John Fischbach stated staff would work with Pioneer residents and the CDBG
Commission to attempt to find a better solution.
Councilmember Wanner offered an amendment to the motion to direct the City Manager John
Fischbach, staff, and members of the CDBG Commission to design a means for dispersing funds.
Councilmembers Janett and McCluskey accepted the amendment as a friendly amendment to their
previous motion.
Jeff Wright, Pastor of Heart of the Rockies Christian Church and representing a group of Pastors in
the South East area, urged Council to defeat the motion. He reported a local developer had acquired
a parcel with M-M zoning and suggested using the available funds to assist in the development of
a mobile home park,keeping some of the residents in a homeownership situation.
Alan Fluharty, Finance Director of the Fort Collins Housing Authority, spoke in support of the
motion.
Mike Nicely, 300 East Harmony Road, emphasized the need for a mobile home park.
Yolanda C. Nicely, 300 East Harmony Road, opposed the motion and concurred with comments by
Pastor Jeff Wright. She expressed concerns regarding recent evictions, the manner which they were
' served and asked that they be investigated.
Bill Steffes, Vice Chair of the CDBG Commission, stated there are not any mobile home spaces
available and no rentals opportunities at the resident's income levels.
Lou Stitzel, 521 East Laurel, reported a new mobile home park, located outside the City limits, is
currently under construction and would be available before September 1
The vote on Councilmember Janett's motion as amended was as follows: Yeas: Councilmembers
Apt, Janett, McCluskey and Wanner. Nays: Councilmembers Azari, Kneeland and Smith.
THE MOTION CARRIED.
Councilmember Apt reported on a recent meeting with the Latimer County Commissioners regarding
mutual goals and visions of the comprehensive plans.
Councilmember Kneeland reported the Health and Safety Committee met and discussed the youth
intake facility. She stated staff is working with the School District on a policy regarding the City's
use of its facilities.
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February 20, 1996
Councilmember Janett requested the Police Department keep her informed on events in the I
downtown area.
Councilmember McCluskey reported the Finance Committee recently met.
Items Relating to the Design Standards
and Guidelines for the Eastside and Westside Neighborhoods,
Adopted as Amended on Second Reading,
The following is staff's memorandum on this item.
"Executive Summary
A. Second Reading of Ordinance No. 13, 1996, of the Council of the City of Fort Collins
Adopting the "Neighborhood Character Design Guidelines for the Eastside and Westside
Neighborhoods in Fort Collins. "
B. Second Reading of Ordinance No. 14, 1996, of the Council of the City of Fort Collins
Amending Chapter 29 of the Code of the City by Incorporating into the Zoning Code Certain
Changes for the Purpose of Promoting and Implementing the Objectives of the Eastside and
Westside Neighborhood Plans.
EXECUTIVE SUMMARY:
On February 6, 1996, Council approved Ordinances 13, 1996 and 14, 1996 on First Reading. These
Ordinances approved the Neighborhood Character Guidelines for the Eastside and Westside
neighborhoods and amended the Zoning Code to incorporate previously recommended design
standards for these two neighborhoods. In addition, Ordinance 14, 1996 changed the minimum lot
size in the Neighborhood Conservation Buffer (NCB) zoning district and Neighborhood
Conservation Medium Density (NCM) zoning district to 5,000 square feet.
The motions approving these two ordinances included direction for staff to work with the Council
to:
Consider additional amendments to the Zoning Code outlined in option B of a
January 30, 1996 memorandum from Nore Winter; and,
2. Consider the appropriateness of adding standards back into the guidelines document
that were not translated into the Zoning Code.
On Friday, February 9, staff met with Council members Janett and Wanner to review these final
suggestions. The following points resulted from that meeting:
105 ,
February 20, 1996
' Additional amendments to the Zoning Code are being recommended. These are
highlighted in Ordinance 14, 1996 and reflect some of the suggestions from Nore
Winter as well as a previously recommended standard.
• No standards are being recommended for inclusion in the guidelines document.
In addition, it became clear during our discussion, that the following points need to be clarified:
In most cases, Planned Unit Developments (PUD) may be used to vary any or all of the
provisions of a zoning district. However, in Neighborhood Conservation Low Density
(NCL), Neighborhood Conservation Medium Density (NCM) and the Neighborhood
Conservation Buffer (NCB) districts, this is not expressly permitted, as it is in most of the
other zone districts. Therefore, the Zoning Code amendments proposed in Ordinance 14,
1996 cannot be varied through the use of a PUD in the Eastside and Westside
neighborhoods. However, in order to avoid any possibilityfor future argument, Ordinance
14, 1996, has been changed to expressly prohibit any varying, through a P. U.D., of the zone
district requirements in the NCL, NCB and NCM zones.
I
Are there special review requirements for mult&mily proiects in the Eastside and Westside
neighborhoods?
Within the NCB zoning district, two family dwellings are a permitted use as are multifamily
dwellings up to four units provided no structural additions or exterior alterations are made
to an existing building or the project is proposed on an empty lot. When a multifamily
project (up to four units) is proposed that alters the existing structure or is on a lot that
previously contained a building, it will be permitted only with the approval of the Planning
Director. If the four unit project results in a density calculation of greater than 24 units per
acre, it must be approved by the Planning and Zoning Board. In both the Planning
Director's and the Planning and Zoning Board's review, the project must meet the
requirements of the All Development Criteria of the Land Development Guidance System
(LDGS) as well as the requirements of the Zoning Code. Any multifamily project greater
than four units must be processed through the PUD process and be approved by the
Planning and Zoning Board. As noted above, the PUD process cannot vary the
requirements of the zoning district.
Within the NCM zoning district, two family dwellings are a permitted use provided no
structural additions or exterior alterations are made to an existing building or the project
is proposed on an empty lot. Multifamily dwellings up to four units are permitted provided
' no structural additions or exterior alterations are made to an existing building or the project
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February 20, 1996
is proposed on an empty lot only with the approval of the Planning Director. Two family '
and multifamily projects up to four units that propose alterations to an existing structure or
are on a lot that previously contained a building are only permitted with the approval of the
Planning and Zoning Board. In both the Planning Director's and the Planning and Zoning
Board's review, the project must meet the requirements of the All Development Criteria of
the Land Development Guidance System (LDGS) as well as the requirements of the Zoning
Code. Any multifamily project greater than four units must be processed through the PUD
process and be approved by the Planning and Zoning Board. As noted above, the PUD
process cannot vary the requirements of the zoning district.
In the NCL zoning district, two family and multifamily dwellings are only permitted through
a Planned Unit Development subject to review by the Planning and Zoning Board. As noted
above, the PUD process cannot vary the requirements of the zoning district. "
Current Planning Director Bob Blanchard briefly summarized the changes made to this item since
it was adopted on First Reading, clarifying adoption on First Reading approved neighborhood
character guidelines and amended the Zoning Code. He stated it was staff's recommendation that
standards not be added back into the guidelines document. He spoke of a change in the Zoning Code
expressly prohibiting any varying of the Zoning Code provisions through a P.U.D. in the N-C-M,
N-C-B, and the N-C-L Zoning Districts. He spoke of the extensive review multi -family projects
would have to go through in those 3 zoning districts.
Zoning Administrator Peter Barnes outlined zoning changes made since First Reading. '
Councilmember Wanner stated he was comfortable with the document and believed that
homeowners should be allowed to construct reasonable structures on their lots.
Lou Stitzel, 521 East Laurel; spoke in opposition to the 5,000 sq. ft. lot size limitation, stating it
greatly limits infill development.
Nancy Easum, 1019 Remington, supported the standards and guidelines as presented.
Jennifer Carpenter, Chair of the Landmark Preservation Commission, stated she would prefer
standards to guidelines, commenting that guidelines do not protect owner residents from investors.
She spoke of the need for a more blended option of standards and guidelines.
Betty Maloney, 1309 City Park Avenue, stated she would like to see the lot size reduced to 4,500
sq. ft. stating it would increase density in the core area.
Bud Fricke, Landmark Preservation Commission member and local architect, expressed concerns
regarding the lack of standards.
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February 20, 1996
Chris Marshall, 926 West Mountain Avenue, supported the guidelines, but requested that the Zoning
Code allow at least a 12/12 roof pitch.
Ed Secor, 621 Laporte Avenue, supported the proposed zoning regulations, stating he believed the
regulations do a good job of addressing scale and aesthetics issues. He stated if the square footage
of the secondary structure is limited, some problems could be avoided. He spoke of the need for
stronger language pertaining to additions.
Councilmember Wanner made a motion, seconded by Councilmember Kneeland, to adopt Ordinance
No. 13, 1996 as amended on Second Reading.
Councilmember Janett spoke of the need to increase density in the entire City and not just in the
Eastside/Westside neighborhoods and stated issues relating to character and design standards and
aesthetics had not been adequately addressed.
The vote on Councilmember Wanner's motion was as follows: Yeas: Councilmembers Apt, Azari,
Kneeland, McCluskey and Wanner. Nays: Councilmembers Janett and Smith.
THE MOTION CARRIED.
' Councilmember Kneeland made a motion, seconded by Councilmember Wanner, to adopt Ordinance
No. 14, 1996 on Second Reading.
City Attorney Steve Roy read a new Section 22 of the Ordinance into the record.
Councilmember Janett made a motion, seconded by Councilmember Kneeland, to amend Section
5, Subsection 14 which currently reads : "The minimum pitch of the roof of any building shall be
2:12 and the maximum pitch of the roof of any building shall be 612... " to read "The minimum pitch
of the roof of any building shall be 2:12 and the maximum pitch of the roof of any building shall be
12:'12 except that additions to existing dwelling units may be constructed with a pitch that matches
any roof pitch of the existing dwelling unit.". The vote on Councilmember Janett's motion was as
follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner.
Nays: None.
THE MOTION CARRIED.
Councilmember Smith spoke of his reasons for not supporting the motion. He noted the high
amount of rental property already in the Eastside/Westside neighborhoods and commented that if
the properties were owner occupied, he would think differently about supporting the guidelines.
Councilmember Wanner spoke in support of the motion stating it was a start to a solution and could
' be reviewed in one year.
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February 20, 1996
Councilmember Janett opposed the motion and thanked everyone for their hard work on the issue. '
She requested that the original Standards and Guidelines document be retained in the event that if
problems arise in the next year there will be something available to help "beef' it up.
Mayor Azari spoke if the need for neighborhood diversity and of her frustration with the process.
The vote on Councilmember Kneeland's motion as amended was as follows: Yeas: Councilmembers
Apt, Azari, Kneeland, McCluskey and Wanner. Nays: Councilmembers Janett and Smith.
THE MOTION CARRIED.
Ordinance No. 29,1996,
Establishing a Manufacturing Use Tax Rebate
Program for Eligible Manufacturing Firms, Adopted as Amended
The following is staff's memorandum on this item.
"Financial Impact
City use tax records show that if the proposed manufacturing rebate program had been in place in
1995, the potential one-year financial impact to the City from this program would have been
approximately $620,000. Since use tax receipts have historically been unpredictable, it is difficult '
to accurately project the impact without knowing exactly how much each firm will spend on
manufacturing equipment. Purchases of manufacturing equipment could vary substantially from
year to year. This program will not reduce the tax revenues of the City. Implementation of the
program will require the expenditure of use tax receipts to provide rebates to qualified
manufacturers. The first expenditures of the program would occur in 1997. It is anticipated that
the rebate will come from the use tax carryover.
Executive Summary
On January 23, 1996, staff presented Council with a proposal to establish a two-year, pilot rebate
program for manufacturing use tax that is intended to encourage local manufacturingfirms to retool
their plants locally. There are currently 38 firms whose Standard Industrial Classification (SIC)
code identifies them as manufacturing concerns.
Staff believes this to be important because local manufacturing firms have indicated that the nature
of the manufacturing industry has been changing dramatically over the past few years, and is at the
point where firms must purchase new manufacturing equipment everyfew years in order to remain
competitive. Given that manufacturing companies are confronted with many investment decisions,
it is in a community's best interest to insure that the structure of City -imposed taxes and costs that
109 1
February 20, 1996
' apply to, and influence such investment decisions is up-to-date and fair. All manufacturing
equipment purchases are presently taxed at a rate of three -percent (3%).
Manufacturing is important to a community for several reasons: it enhances the use of local
suppliers, it requires higher capital investment (more dollars spent throughout the community), and
it pays comparatively higher wages and benefits than retail or service firms. Manufacturing firms
also tend to demand enhanced education from its employees which helps to utilize underemployed
and highly skilled employees from other sectors. This also encourages the local school district to
make certain its programs are effective and progressive.
The staff proposal which follows consists of a tiered rebate approach designed to encourage re-
tooling by manufacturing firms ranging from the very smallest, with purchases in the $0 to $5
million range, to the larger manufacturing firms with rare purchases of manufacturing equipment
exceeding the $50 million range.
Rebates for qualified manufacturing equipment purchases would be made as follows:
Cost of Manufacturing
Equipment Purchased
' $ 0 to $ 5, 000, 000
$ 5,000,001 to $15,000,000
$15,000,001 to $50,000,000
*Over $50,000,001
Maximum Tax Maximum
Use Tax. Rebate Retained by City Rebate
2.0% (213 of 3%) $ 50,000 $ 100,000
1.0% (113 of 3%) $ 200,000 $ 100,000
0.0% $1,050,000 None
2.0% (213 of 3%) No maximum S2.200.000
Total Maximum Rebate $2,400,000
*Note: The Rebate Program is intended to encourage job retention in the community, rather than
emphasize major expansions. Therefore, a firm will be eligible for the two -percent rebate of
manufacturing use tax in the greater than $50 million category only if the firm's employment level
for the year prior to the rebate application (measured in full time equivalents and including both
permanent and temporary) does not exceed the firm's employment level in the next prior year by
more than 10%. Also, to limit the total potential cost of the program to the City, in no event shall
a manufacturing firm receive a rebate of manufacturing use tax greater than $2.4 million for the
prior year. In order to be eligible for the maximum rebate of $2.4 million using the tiered rate
schedule, a company would make manufacturing equipment purchases of at least $160 million.
$160 million represents a break even point whereby the City would rebate no more than 50% of the
manufacturing use tax collected.
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February 20, 1996
Eligibility Requirements: I
In order to qualify for a year-end rebate of manufacturing use tax, a firm must meet the established
definition for a manufacturing enterprise as specified by the State of Colorado. In addition, firms
must possess an active City of Fort Collins sales and use tax license, under the same corporate name
as that of the rebate applicant, throughout a period of at least three years prior to the date of the
rebate application. The rebate will only apply to purchases of equipment used in the firm's
manufacturing process. Purchases of office equipment and furnishings will not be eligible for
rebate. By limiting the rebate in this way, the benefits of the program will be focused more directly
on manufacturing activities, and the resulting costs of the program to the City will be minimized.
This program has been structured as a two-year, temporary rebate program that will function while
staff gathers additional information regarding the fiscal and environmental impact of new
development, as well as the City's tax revenue mix. If at any time during the two-year pilot it
appears that the City's financial integrity is in jeopardy as a result of this program, the program
shall be immediately discontinued following the City Manager's consultation with City Council.
The following attachments provide greater detail as to the function and impacts of the proposal.
0 Study Session Background Memo from John F. Fischbach Dated January 17, 1996
0 Tiered Rebate Schedule & Potential Impacts
0 Table Illustrating Potential Impacts of Use Tax Rebate Program '
0 Example of Rebate
A Points Supporting the Importance of Base & Manufacturing Jobs
Resolution 94-112, Stating Support for Retention & Expansion of Base Firms
0 Memo to Council Finance Committee from John F. Fischbach Dated December 7, 1995,
Recommending Interim Use Tax Policy
Background Memo Dated December 7, 1995, from staff to John F. Fischbach Regarding
Temporary Use Tax Policy"
Councilmember's Kneeland and McCluskey withdrew from discussion on this item due to perceived
conflicts of interest.
City Manager John Fischbach briefly explained changes to the Ordinance, stating that one change
had been made to the Ordinance and two changes were made to the attachment, City of Fort Collins
Manufacturing Equipment Use Tax Rebate Program. He spoke of the history of the item noting this
is a temporary rebate and the rebate only applies to equipment used in the manufacturing process and
only available for companies who have operated in the City for three years.
Financial Officer Alan Krcmarik responded to Council questions and clarified funds collected are
considered revenues, and rebates disbursed would not decrease the revenues.
February 20, 1996
' Assistant to the City Manager Frank Bruno responded to Council questions and stated he did not
believe that wages for temporary production staff were included.
City Manager John Fischbach responded to questions and stated performance contracts were not
included because the policy was only for 18 months to 2 years.
Councilmember Smith made a motion, seconded by Councilmember Wanner, to adopt Ordinance
No. 29, 1996 on First Reading.
Linda Levy, local manufacturing employee, spoke of the positive impact the rebate would have on
her company and urged its adoption.
Denise Prizler, a Fort Collins resident, supported the tier concept and stated she believed rebates
should be available to assist smaller manufacturers.
Kelly Ohlson, 2040 Bennington Circle, spoke in support of the proposal and expressed concerns
regarding the manner Council addresses growth issues. He spoke of the need to add provisions for
performance based criteria.
Mike Hauser, Executive Director of the Chamber of Commerce, thanked Council and staff for bring
the proposal forward. He reported on a recent meeting the Chamber held with several local
manufacturers and commented they were very appreciative for the proposal but have concerns
regarding the 10% cap. He suggested the Ordinance be amended to read that if the 10% cap is
exceeded, it would need Council approval. He expressed the need for equipment to be purchased
locally.
Roland Mower, Fort Collins Inc., spoke in support of the motion and requested consideration of
expansion components.
Assistant to the City Manager Frank Bruno spoke of retooling costs and stated it was not staff's
intent to disallow rebates for manufacturing equipment purchased locally.
Councilmember Wanner expressed concerns regarding offering rebates to companies who have
reduced the number of FTE's, and questioned how that would be tracked. He stated he would like
further information before Second Reading.
Councilmember Smith supported the motion and requested input from the business community,
between First and Second Readings. He spoke of the need to review performance based criteria.
Councilmember Apt stated although he supported the efforts put into the policy, he has received
input from non -manufacturing business owners who do not feel it is fair that they are not eligible.
' He stated he would not support the motion.
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February 20, 1996
Councilmember Janett did not believe the salary information was accurate and requested further I
information on temporary worker's salaries before Second Reading.
The vote on Councilmember Smith's motion to adopt Ordinance No. 29, 1996, as amended was as
follows: Yeas: Councilmembers Azari, Janett, Smith and Wanner. Nays: Councilmember Apt.
(Councilmembers Kneeland and McCluskey withdrawn)
THE MOTION CARRIED.
Ordinance No. 2, 1996
of the Council of the City of Fort Collins
Amending Certain Criteria Contained in
Section 29-526 of the City Code, Which Criteria
Pertain to the Review of Proposed Residential
Uses under the Land Development Guidance System,
Adopted as Amended on Second Reading,
The following is staff's memorandum on this item.
"Executive Summary
Ordinance No. 2, 1996, was adopted on First Reading on January 16, 1996, by a vote of 5-2. '
Council adopted New Option 3 (40 base points, existing facilities, affordable housing base points)
with the following modifications and gave direction to staff to evaluate the potential impacts of these
proposed revisions on multi family in -fill projects. The modifications made on First Reading are:
Retain base point credit for publicly owned undeveloped park sites and golf courses;
2. Limit the life of new preliminary PUD approvals to one year;
3. Eliminate the practice of granting extensions to preliminary approvals for PUDs.
Planning and Zoning Board Recommendation
The Planning and Zoning Board held a public hearing on these proposed policy changes on January
22, 1996. At that meeting, the Board recommended to Council adoption of New Option 2 (40 base
points, existing facilities, no affordable housing base points), with the same modifications:
Retain base point credit for publicly owned undeveloped park sites and golf courses;
2. Limit the life of new preliminary PUD approvals to one year;
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February 20, 1996
' 3. Eliminate the practice of granting extensions to preliminary approvals for PUDs.
Responses to Questions Raised at First Reading
Council requested additional information be developed by staff to respond to several issues and
questions raised at the First Reading of the ordinance. These questions have been responded to by
staff in the attached report.
Additional Recommendations for Consideration at Second Reading
In response to issues raised since First Reading of the Ordinance, staff has develop an additional
element that should be considered by Council on Second Reading of the Ordinance. This element
consists of providing a new administrative Vested Rights Determination Process to resolve disputes
regarding whether or not specific projects have vested development rights and therefore might be
exempt from the requirements of this Ordinance. The proposed procedure is attached as Exhibit
B to the Ordinance.
Options Presented
On Second Reading, the original Option 3 is being presented with the modifications approved by
' the Council on First Reading. Also presented for Council's consideration is the option proposed
by the Planning and Zoning Board, as described above.
Details/Housekeeping Changes
A few corrections have ben made to Exhibit A of the Ordinance. Specifically the terms for
neighborhood shopping center have been changed to reflect the actual intended meaning of
"neighborhood service center" (which is Point Chart B) and the term "regional shopping center"
is changed to "community/regional shopping center" (which is Point Chart C). In addition, typos
in the affordable housing criteria have been corrected. "
Policy Analyst Tom Vosburg gave a brief overview of this item. He spoke of revisions made
between First and Second Reading, noting changes were reviewed by the Planning and Zoning
Board, which recommended the 15 additional affordable housing base points not be included. He
reviewed how base points are figured and bonus points are awarded. He clarified the Ordinance
contains a sunset date.
City Attorney Steve Roy clarified the reasons for the sunset date.
Councilmember Apt expressed concerns in offering base points for affordable housing and base
points for locating in north Fort Collins. He stated it may encourage the location of all affordable
' housing in north Fort Collins.
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February 20, 1996
Vosburg spoke of the Boxelder Drainage District concerns regarding sewer infrastructures, stating '
revisions would provide a disincentive to potential developments. He spoke of points awarded for
locating in North Fort Collins and affordable housing.
Councilmember Apt made a motion to adopt Ordinance No. 2, 1996 on Second Reading changing
the dates to match other phasing criteria interim measures and disallowing points for affordable
housing and locating in north Fort Collins.
THE MOTION FAILED DUE TO LACK OF SECOND.
Councilmember Wanner made a motion, seconded by Councilmember Smith, to adopt Ordinance
No. 2, 1996, on Second Reading allowing points for both affordable housing and locating in north
Fort Collins.
Scott Price, Colorado Board of Land Commissioners, spoke of the Board's property interest in a
parcel of land in north Fort Collins and stated adoption of the motion would discriminate against
growth in north Fort Collins.
Steven Ahrant, Wintergreen Homes owner, believed the mandatory base points requirements are
being increased to an unattainable level. He suggested increasing base points allocated for north Fort
Collins, allowing development to proceed and allowing contiguity and proximity criteria to include
facilities in unincorporated Latimer County, and allowing north Fort Collins to enjoy the same '
development opportunity as south Fort Collins.
Councilmember Kneeland spoke of her reasons for not supporting the motion and expressed
concerns regarding multi -family housing and housing diversity.
Councilmember Janett supported the motion stating this was a temporary measure.
Councilmember McCluskey stated he did not support the motion and believed too much money was
being spent on the comprehensive plan. He expressed affordable housing concerns, infill
development, and development to the north and stated he did not believe enough public outreach has
been done.
The vote on Councilmember Wanner's motion was as follows: Yeas: Councilmembers Apt, Azari,
Janett, Smith and Wanner. Nays: Councilmembers Kneeland and McCluskey.
THE MOTION CARRIED.
Due to the number of people waiting to hear Item #40, Items Relating to Federal Legislation to
Accomplish an Exchange of Land, Councilmember Janett requested it be considered next.
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February 20, 1996
' Item Relating to Federal Legislation to
Accomplish an Exchange of Land, Adopted
The following is staff's memorandum on this item.
WYETIrm-ITIV 11 1
Minimal financial impact at this time. The Resolution does not authorize the proposed land
exchange, but rather indicates whether the City should pursue the legislative approach or work
directly with the Forest Service utilizing the existing administrative process. The administrative
process will take longer to complete and will most likely cost more than the legislative approach,
but it should not be significantly higher.
Executive Summary
On December 5, 1995, the City Council adopted Resolution 95-166 adopting the City's 1996
Legislative Agenda. Included in the 1996 Legislative Agenda as one of the City's policies or
positions is the following statement regarding the proposed land exchange with the United States
Forest Service:
' Support legislation that would facilitate a land trade with the United States Forest Service
so that the City can acquire ownership of the land directly beneath Joe Wright Reservoir.
Since the adoption of the Legislative Agenda, the Natural Resources Advisory Board (NRAB) has
recommended that the City not support the proposed legislation but instead pursue the land
exchange utilizing the Forest Service's administrative process. The purpose of this agenda item is
to provide the City Council with the opportunity to consider the recommendation of the NRAB and
to decide whether to reconfirm the earlier decision to pursue the legislation or repeal that previous
decision and pursue the administrative process. Those two options are outlined below:
iJ
A. Resolution 96-25 of the Council of the City of Fort Collins Supporting the Passage of
Federal Legislation to Accomplish an Exchange of Land Jointly Owned by the Cities of
Greeley and Fort Collins for Land Owned by the United States Government in the Roosevelt
National Forest That Is Located under and Around Existing Reservoirs of the Cities of
Greeley and Fort Collins.
Option A: Confirms the City Council's previous action in supporting legislation that
would facilitate a land trade with the United States Forest Service so that the
City can acquire ownership of the land directly beneath Joe Wright
Reservoir.
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February 20, 1996
Resolution 96-26 of the Council of the City of Fort Collins Amending a Provision of the
City's 1996 Legislative Agenda Adopted in Resolution 95-166.
Option B: Repeals the City Council's previous decision to support legislation that
would facilitate a land trade with the United States Forest Service; and
provides direction to the staff to pursue the land exchange with the United
States Forest Service utilizing the Forest Service's existing administrative
process.
BACKGROUND:
The purpose of the proposed land exchange is for the City to obtain ownership of the land under and
around Joe Wright Reservoir which is presently owned by the United States Forest Service.
Acquiring ownership of this land would secure for the City the permanent right to maintain and
operate Joe Wright Reservoir. It would also help avoid future time consuming and costly conflicts
with the Forest Service and other federal agencies. The proposed land exchange would involve
trading the Rockwell Ranch properties (jointly owned by Fort Collins and Greeley) to the Forest
Service in exchange for Forest Service property under and around Joe Wright Reservoir and a
number of reservoirs owned by the City of Greeley. The Water Supply and Storage Company is also
involved in the proposed land exchange. The Company owns land which it would trade to the Forest
Service in exchange for Forest Service land under and around Chambers Lake and Long Draw
Reservoir. The Rockwell properties were acquired by Fort Collins and Greeley in the 1920s for
water supply purposes. Both Greeley and Fort Collins have concluded, after conducting a number
of studies, that the proposed Rockwell Reservoir site is not a feasible water supply option and that
the Rockwell properties are no longer needed. In recent years the Forest Service has expressed
some interest in acquiring the Rockwell properties which has led to the idea of a possible land
exchange.
There are two methods which can be utilized to process a land exchange; federal legislation or the
Forest Service's administrative procedure. Early in 1995, Congressman Allard's office offered to
sponsor land exchange legislation in Congress. Since that time, draft legislation has been developed
and reviewed by various City committees and boards. The following is a summary of the events
regarding the proposed land exchange legislation:
Oct. 3, 1995 Initial review by the City Council Legislative Review Committee (LRC).
Council Member Apt suggested that the proposed legislation be reviewed by
the Water Board and Natural Resources Advisory Board.
Nov. 17, 1995 Draft legislation reviewed by the Water Board. Water Board recommended
revisions to paragraph 3(c) of Section 2 of the legislation (see Anachment A).
Dec. 6, 1995 Draft legislation reviewed by the NRAB. The Board shared the Water
Board's concern about paragraph 3(c) of Section 2 of the legislation. In
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February 20, 1996
' addition, the Board requested some clarification regarding a reference to the
Poudre River which should have specified the North Fork of the Poudre
River. The Board was also interested in knowing the Forest Service's
position on the draft legislation. A motion was offered but failed to pass.
Dec. 21, 1995 Following discussions with the City of Greeley, paragraph 3(c) of Section 2
was revised (see Attachment A) and additional language was added to the
legislation to clarify the reference to the North Fork of the Poudre River.
Staff contacted the Forest Service but was not able to obtain a statement from
the Forest Service regarding their official position on the draft bill.
Jan. 3, 1996 The revisions to the draft legislation were presented to the NRAB. The NRAB
appreciated the staffs efforts to develop a regional cooperative solution,
however, the Board determined that the revisions to paragraph 3(c) of
Section 2 were not acceptable and passed a motion recommending that the
City Council not support the legislation and that the City pursue the land
exchange utilizing the administrative process instead of the proceeding with
the proposed legislation.
Jan. 9, 1996 The City of Greeley offers revised language for paragraph 3(c) of Section 2.
' Jan. 19, 1996 City Council Legislative Review Committee Meeting. Ward Fischer and Bill
Fischer, representing The Water Supply and Storage Company, and Paul
Grattet, Greeley City Manager, provided the LRC with considerable amount
of information regarding various aspects of the proposed land exchange.
After a lengthy discussion by the group, the LRC recommended that the item
be referred back to the NRAB for additional review and then to the City
Council.
Feb. 1, 1996 Special work session of the NRAB. Ward Fischer and Bill Fischer,
representing 77te Water Supply and Storage Company, and Paul Grattet,
Greeley City Manager, attended the meeting and provided the Board with an
extensive amount of information. Skip Underwood, Forest Supervisor, also
attended the meeting and answered a few questions from the Board. After a
long discussion the NRAB passed a motion to recommend to the Council that
the City not support the proposed legislation. One of the primary issues
which seemed to concern the Board was the fact that Chambers Lake, along
with three of Greeley's reservoirs, would be exempted from any
environmental review if the legislation passed and the land exchanged
implemented. "
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February 20, 1996
Water/Waste Water Utility Director Mike Smith briefly explained the proposed land exchange and '
the reservoirs involved. He summarized various points of the land exchange legislation and clarified
water rights would not be given to the federal government but direct diversion rights associated with
the Rockwell Ranch would be dedicated to the Colorado Water Conservation Board Instream Flow
Program. He stated issues raised were time, cost and regional cooperation.
Ward Fischer, representing Water Storage and Supply, Inc., spoke of the advantages to the City and
the U.S. Forest Service.
Dick Boettcher, Chair of the Greeley Water and Sewer Board, spoke of the long range benefits and
of the outstanding cooperation between the cities and water companies involved. He urged adoption
of the Resolution.
Paul Grattet, Greeley City Manager, spoke in support of the Program and stated the legislative
approach is a useful and sound approach.
Paul Klopper, Chair of the Water Board, stated the Water Board met and discussed the pros and cons
of the legislative vs. administrative approach and urged adoption of Option A.
Kelly Ohlson, 2040 Bennington Circle and member of the Natural Resources Advisory Board, stated
the NRAB discussed this item several times and stated the Board believes there are too many
negative aspects to pursue legislatively but noted if it were important to the City, it should pursue I
the issue administratively. He clarified that the U.S. Forest Service does not officially support the
Bill.
Smith reported on the costs involved in conducting surveys for legal descriptions and on expenses
regarding maps and in -kind services for staff processing time. He clarified survey requirements
could not be waived and stated the reservoirs have never been adequately surveyed. He clarified
administrative surveys were much more detailed than if done legislatively. He spoke of the
advantages of a joint partnership and stated the legislation would not bind the City to anything.
Fischer responded to Council questions and stated passing the proposed legislation does not require
any of the parties to proceed.
Ohlson summarized the Natural Resources Advisory Board's position and spoke of concerns
regarding the lack of participation on the part of the Forest Service. He stated he did not support the
Resolution.
Fischer spoke of the release problems with Long Draw Reservoir, owned by Water Supply &
Storage, and reported state engineers were concerned about the safety of winter releases. He spoke
of the work the North Poudre Irrigation Company, along with Nature Conservancy District and
Greeley has done to route releases through Nature Conservancy Phantom Canyon.
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February 20, 1996
Councilmember Apt made a motion, seconded by Councilmember Janett, to adopt Resolution 96-26
(Option B).
Paul Grattet, Greeley City Manager, spoke of Greeley's commitment to endangered species recovery
and clarified the City of Greeley does not yet have a separate resolution outlining that policy.
Denise Prizler, a Fort Collins resident, spoke in support of the administrative approach noting it
would provide for local input and noted costs would be considerably less.
Councilmember Wanner expressed concerns regarding environmental issues and cooperation with
Greeley. He questioned if everyone involved would "back out" of the deal if the Bill did not go
through as it is currently written.
Tom Moore, President of Water Supply & Storage Company, spoke of his concerns regarding
environmental issues and stated he was confident that a fair solution would be offered. He
responded to Council questions and stated he was not familiar with the legislative process and did
not feel comfortable committing to Council that he would not support the legislation if changes were
made.
Paul Grattet, Greeley City Manager, stated he would not proceed with the Bill if there were changes
' that Council did not agree with.
Councilmember Kneeland stated she would not support the motion and stated she believed there are
local solutions to the issues. She stated the land exchange would allow the City to control the
destiny of Fort Collins' water source.
Councilmember Apt stated he did not believe this to be a benefit to Fort Collins and spoke of the
need for additional information in order to make a reasonable decision.
The vote on Councilmember Apt's motion was as follows: Yeas: Councilmembers Apt, Janett;
Smith and Wanner. Nays: Councilmembers Azari, Kneeland, McCluskey.
THE MOTION CARRIED.
Resolution 96-22
of the Council of the City of Fort Collins
Making Findings of Fact and Conclusions
Regarding the Appeal from a Decision of the
Planning and Zoning Board Relating to the
Registry Ridge Overall Development Plan and Preliminary P U D ,Continued to 315196
' The following is staff's memorandum on this item.
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February 20, 1996
'Executive Summary
On January 26, 1996, an Amended Notice of Appeal of the December 11, 1995 decisions of the
Planning and Zoning Board to approve the Registry Ridge O.D.P., #32-95 and the Registry Ridge
P. U.D., Phase 1, Preliminary, #32-95A was filed by the Appellant, LeAnn Thieman.
In a memorandum to the City Clerk dated February 2, 1996, Mayor Pro Tern Janett identified
additional issues for review by the Council.
On February 13, 1996, the City Council voted (4-3) to uphold the Planning and Zoning Board's
decision to approve the Registry Ridge O.D.P.,#32-95 and voted (4-3) to overturn the Board's
decision to approve the Registry Ridge P. U.D., Phase 1, Preliminary, #32-95A. In order to complete
the record regarding this appeal, the Council should adopt a Resolution making findings of fact and
finalizing its decision on the appeal.
BACKGROUND:
The Appellant's notice of appeal was based on allegations that:
"The Planning and Zoning Board failed to properly interpret and apply relevant provisions
of the Code and Charter; " I
"The Planning and Zoning Board failed to conduct a fair hearing in that the Board exceeded
its authority or -jurisdiction as contained in the Code or Charter; " and
"The Planning and Zoning Board failed to conduct a fair hearing in that the Board
substantially ignored its previously established rules of procedure. "
At the February 13, 1996 hearing on this matter, the City Council considered the testimony of City
staff, the Appellant, and those who opposed the appeal. In a subsequent discussion at this hearing,
the City Council determined that:
The Board did not fail to properly conduct a fair hearing in that the Board did not exceed
its authority or jurisdiction as contained in the Code or Charter, nor did it ignore its
previously established rules of procedure;
2. The Board did not fail to properly interpret and apply the relevant provisions of the City
Code in approving the Registry Ridge Overall Development Plan #32-95.
3. The Board did fail to properly interpret and apply relevant provisions of the Code and
Charter, specifically Criterion "g" and "p" of the Residential Uses Point Chart; and All-
121 1
February 20, 1996
' Development Criteria A-2.2, A-2.7, and A-2.12 of the Land Development Guidance System
when considering the Registry Ridge P. U.D., Phase 1, Preliminary, #32-95A;
For these reasons the City Council voted (4-3) to uphold the Planning and Zoning Board's decision
to approve the Registry Ridge O.D.P., #32-95 and voted (4-3) to overturn the Board's decision to
approve the Registry Ridge P. U.D., Phase 1, Preliminary, #32-95A."
City Attorney Steve Roy gave a brief explanation of the options available and recommended Council
postpone discussion on this item until March 5, 1996.
Councilmember Wanner made a motion, seconded by Councilmember McCluskey, to postpone
consideration of Resolution 96-22 until March 5, 1996, for the purpose of rescinding or
reconsidering Council's actions on Registry Ridge O.D.P. and P.U.D. and to take comments from
parties -in -interest. Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith and
Wanner. Nays: None.
THE MOTION CARRIED.
Resolution 96-24
of the Council of the City of Fort Collins
' Authorizing Certain Action in Relation to the Proposed
Formation of a Regional Community Development Corporation, Adopted
The following is staff's memorandum on this item.
"Financial Impact
This item does not have direct financial impact. However, if the actions delineated by the Resolution
are followed, use of City monies will occur. The 1996 Budget included an appropriation of
$150,000 for the support of affordable housing through the formation of a community development
corporation. The current estimate of the amount of money remaining in the Affordable Housing
trust account within the General Fund reserves is $366,94a
Executive Summary
Beginning in early 1995, the Mayor, Council members, and staff have been participating in an effort
to develop a local non-profit corporation which would address affordable housing efforts within the
community. Local banks, corporations, housing developers, Colorado State University, Larimer
County and other organizations participated in discussions leading to the recommendation to form
the local affordable housing corporation. Generally, such nonprofit corporations are led by
community -based boards.
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February 20, 1996
In Loveland, a similar effort developed in parallel to the Fort Collins process. The Loveland effort '
has already developed its Articles of Incorporation and other legal documents to formally establish
itself. Over the last two months, members of the Fort Collins group, the City Manager and City
Attorney have met with representatives of the Loveland organization to determine if the two
processes can be effectively combined into a single regional affordable housing corporation. The
two groups have reached the conclusion that one organization should be established to address
affordable housing needs in the region. Resolution 96-24 would authorize the City's participation
in the regional affordable housing corporation according to the terms and conditions of the
amended Articles of Incorporation and amended Bylaws. It would also appoint an initial City
representative to serve on the Board of Trustees of the regional corporation and establish a process
for selecting other City representatives. Finally, it would direct City staff to present for Council's
consideration a proposed appropriation ordinance and contract far service to help provide funding
to further the purposes of the corporation.
BACKGROUND:
In the spring of 1994, Mayor Azari convened a meeting of community bankers to discuss how they
could help the City address affordable housing and community development needs. The meeting was
well attended with most local banks represented. As a result of that meeting, staff explored the
requirements of the Community Investment Act and how community development corporations might
help address the City's perceived needs.
In subsequent meetings and discussions, representatives of the Affordable Housing Board, Council, '
local banks and staff identified the possibility of establishing one or more community development
corporations. With City resources, a consultant group, Progressive Urban Management Associates
("PUMA"), was retained to help the various public and private organizations further develop the
concept of a local community development corporation to support affordable housing..
PUMA conducted research and helped the participants identify a mission. The consultants final
product, a business plan for a local affordable housing corporation, was issued in September of
1995. At this time, the Fort Collins group began discussions with representatives of the Loveland
community who were pursuing the same type of strategy. Over the last few months, the City
Manager and City Attorney have assisted the Mayor Pro Tem in discussions with representatives
of the Loveland corporation and the City of Loveland. The result of the discussions is that the two
communities believe that one non-profit corporation, regional in scope, could better serve the two
communities address affordable housing needs.
The Board of Trustees of the Loveland Community Housing, Ltd. has agreed to amend its Articles
of Incorporation and Bylaws so as to provide for the following changes:
1. changing the name of the corporation to the Northern Colorado Community
Housing, Ltd., a Colorado non-profit corporation;
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February 20, 1996
' 2. changing the purpose and powers of the corporation to include the purpose of
fostering the development and retention of housing affordable to low and moderate
income individuals and families living within the City of Loveland, Colorado Area
of Community Influence ("ACI" ), and the City of Fort Collins, Colorado Urban
Growth Area ("UGA") as they may exist from time to time; and
3. changing the composition of the Board of Trustees of the Loveland Community
Housing, Ltd. so that the board consists of four standing members, one of whom shall
be a person selected by the City Council of the City of Fort Collins for a term of one
year; one a person selected by the City of Loveland, Colorado; one a person selected
by Larimer County, Colorado; one a person selected by Colorado State University;
with the remaining members of the initial board to consist of five (5) persons residing
within the Fort Collins UGA, five (5) persons residing within the Loveland ACI, and
one person chosen at large.
Once these changes have been made, staff recommends that Council approve the participation of
the City of Fort Collins in the new regional affordable housing corporation and appoint one of its
members to serve as the City's initial representative. City staff will then work with Loveland
representatives to develop a proposed contract for services and appropriation ordinance to facilitate
the operations and further the purposes of the regional affordable housing corporation in the
' upcoming year.
Resolution 96-24 provides the following action items:
It appoints a City representative to serve as a member of the Board of Trustees of the
Loveland Community Housing, Ltd.
2. It requests the Steering Committee to nominate five (5) people who reside in the Fort Collins
Urban Growth Area to serve on the Board of Trustees of the Northern Colorado Community
Housing, Ltd.; and
3. It authorizes the City Manager and the City Attorney to prepare for the City Council's
consideration:
a. A proposed contract for services between the City and the Northern
Colorado Community Housing, Ltd., the provisions of which contract for
services shall be consistent with the purposes for which the Northern
Colorado Community Housing, Ltd. is established and with the previously
adopted Council policies pertaining to the provision of affordable housing
in the City; and
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February 20, 1996
b. A proposed appropriation ordinance authorizing the sum of Seventy-five '
Thousand Dollars ($75,000) to fund the first year of the City's participation
in the Northern Colorado Community Housing, Ltd., with an additional
$75, 000 to be included for such purposes in the 1997 Budget of the City of
Fort Collins. "
City Attorney Steve Roy gave a brief staff presentation on this item.
Councilmember Kneeland made a motion, seconded by Councilmember Smith, to adopt Resolution
96-24 inserting the name of Gina Janett. Yeas: Councilmembers Apt, Azari, Janett, Kneeland,
McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Resolution 96-19
Authorizing Acquisition by Eminent Domain
Proceedings of Certain Lands for the Drake Road
Widening and Spring_Creek Improvement Project Adopted
The following is staff's memorandum on this item.
"Financial Lrtpact
The City is seeking to acquire right-of-way (ROW) from 12 properties for the construction of a
transportation/storm drainage/recreation trail capital improvement project --the Drake Road
Widening and Spring Creek Improvement Project. Property appraisals have been completed and
sufficient funds have been appropriated and budgeted for the Drake Road Widening and Spring
Creek Improvement Project to acquire the necessary ROW.
Executive Summary
The construction of a transportationistorm drainage/recreation trail project --the Drake Road
Widening and Spring Creek Improvement Project --is currently scheduled for the summer and fall
of 1996. The proposed capital improvements include: (1) the construction of two Choices 95
transportation projects --the Drake/Taft Hill Intersection, and Drake Road from Canterbury to Taft
Hill; (2) a Stormwater Utility project to construct a new bridge on Drake Road at Spring Creek and
recanalization and rehabilitation of Spring Creek; and (3) a Parks & Recreation project to extend
the Spring Creek Trail under the new bridge.
Construction of the proposed improvements will require the acquisition of additional permanent
right-of-way (ROW) and/or temporary construction easements from 12 properties. Staff has
initiated the ROW acquisition process --discussing the project with the property owners, obtaining
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' appraisals, preparing offers and negotiating for the required ROW. Staff will continue good faith
negotiations and expects that most, if not all, of the negotiations will be successful. However, to
ensure that the City will be able to secure possession of all the ROW in time to begin construction
of the improvements this summer, it is necessary to initiate the first step of the eminent domain
process --the passage of a resolution authorizing acquisition by eminent domain --at this time.
Staff has described the subject resolution to the affected property owners and informed them that
City Council is being asked to approve the resolution at this time.
BACKGROUND:
In 1989 voters approved a 114 cent sales tax to support the Choices 95 Capital Improvements
Program. Two of the transportation projects included in the Choices 95 CIP are the Drake/Taft Hill
Intersection, and Drake from Canterbury to Taft Hill. These two projects have been combined into
a single project referred to as the "Drake Road Widening Project". The proposed improvements
include widening Drake Road to a full arterial street, with two travel lanes in each direction, on -
street bicycle lanes, a landscaped center median, curb and gutter, sidewalks separated from the curb
and gutter by an 8 foot wide landscaped parkway, storm sewer, street lights, traffic signals, and
other related work. Improvements at the Drake/Taft Hill Intersection include left and right turn
lanes on the east and west legs of the intersection, traffic signal modifications, and related
improvements.
In conjunction with the roadway improvements, stormwater and recreation trail improvements will
also be constructed. A new bridge on Drake over Spring Creek will be constructed in a joint effort
between the Engineering, Stormwater, and Parks & Recreation departments. The Stormwater Utility
will be rechanelizing and rehabilitating Spring Creek upstream and downstream of the new bridge,
and Parks & Recreation will be extending the existing Spring Creek Trail south under the new
bridge and tying into the new bicycle lanes on Drake Road.
The project is currently in the final design phase. The proposed improvements cannot be
constructed within the existing ROW. Additional permanent ROW andlor temporary construction
easements must be acquired from 12 properties. Staff has begun the ROW acquisition process,
reviewing the proposed improvements with the affected property owners, and obtaining appraisals
for the ROW to be acquired. Offers are being prepared based on the appraised value of the property
and have been presented or will be presented shortly to property owners.
While it is likely that most, if not all, of the ROW will be acquired through negotiations, it is possible
that some ROW will have to acquired by eminent domain. Base on the anticipated start dare for
construction this summer and the amount of time required for eminent domain proceedings, it is
necessary to take the first stop in the eminent domain process --the passage of a resolution
authorizing acquisition by eminent domain --at this time to make certain that the City will have
' possession of the required ROW in time to begin construction. Staff has advised the affected
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property owners that it is not unusual for the City to authorize the use of eminent domain at the same '
time negotiations are taking place, and has assured them that it is the City's intention to continue
good faith negotiations for the ROW.
At this time, ROW must be acquired from the following property owners:
2109 West Drake Road Melody E. Frame & Floyd F. Frame, Jr.
2607 South Taft Hill Road Floyd F. Frame, Jr. a/k/a Floyd D. Frame, Jr. &
Gloria M. Frame
2550 South Taft Hill Road Fellowship Bible Church of Fort Collins, CO f/k/a
The Peoples Church of Fort Collins, CO, a Colorado
non-profit corporation
2604 South Taft Hill Road
Patrick M. O'Donnell & Florence O'Donnell a/k/a
Florence C. O'Donnell
1925 West Drake Road
Alger Sedlak and Lori R. Sedlak
1815 West Drake Road
Walter Henry Beckley & Dorothy Louise Beckley
1601 West Drake Road
Faith Evangelical Free Church, a Colorado non-
profit corporation
2600 Hanover Drive
Richard S. Ellerby & Louise M. Ellerby
1717 West Drake Road
Georgetown Townhouse Homeowner's Association
1815 Yorktown Avenue
Foothills Unitarian Church
2554 Newport Drive
'
Yechezkel Mualem
2548 Newport Drive
Russell J. Hall & Linda Z. Hall
Staff recommends that Council authorize the use of eminent domain to acquire ROW from the 12
properties listed above. The property owners have been notified by letter that the City Council is
considering this recommendation, but that good faith negotiations between the City and the property
owners will continue. "
Councilmembers Apt, Azari and Smith withdrew from discussion on this item due to perceived
conflicts of interest.
Councilmember McCluskey made a motion, seconded by Councilmember Wanner, to adopt
Resolution 96-19. Yeas: Councilmembers Janett, Kneeland, McCluskey and Wanner. Nays: None.
THE MOTION CARRIED.
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February 20, 1996
City Manager John Fischbach stated Latimer County has requested the City make its appointment
to the Open Space Advisory Committee, noting the appointee has to be an elected official or a
member of staff.
Councilmember Apt requested the Health and Safety Committee look at the type of training received
by law enforcement personnel dealing with domestic dispute and deadly force issues.
Councilmember Wanner requested a copy of the deadly force policy at the next Health and Safety
Committee meeting.
Councilmember Janett requested a 2 page memo regarding the availability of $150,000 in funding
from the Housing Trust Fund for the CDC to be used for assisting Pioneer residents.
• 1 11,111RUM011M
Councilmember Smith made a motion, seconded by Councilmember McCluskey, to adjourn to 5:30
p.m. on March 5, 1996. Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith
and Wanner. Nays: None.
ITHE MOTION CARRIED.
ATTEST:
Nu�tL ��.-OA
City Clerk % 1�
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