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HomeMy WebLinkAboutMINUTES-11/16/1993-RegularNovember 16, 1993 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, November 16, 1993, at 6:30 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Winokur. Staff Members Present: Burkett, Krajicek and Roy. Citizen Participation Norman Resnick, UNC Retired Emeritus Professor of Education, stated the D.A.R.E. program would not decrease the usage of drugs, but increases the probability of children being involved in substance abuse. He stated Council should not endorse such a program because it is detrimental to society. Rick Hoffman, 1804 Wallenberg Drive, expressed concerns about remanding the Spring Creek Village appeal back to the Planning and Zoning Board. He believed there was nothing about the project that the Planning and Zoning Board would need to reconsider. He stated the project is not compatible with the neighborhood and ' believed that Council and the Planning and Zoning Board have neglected to address whether this project is compatible with the existing neighborhoods. He stated the City system of development review caters to the developer and not the citizens. Bob Cluster, 2211 West Mulberry, advised Council of the town meeting scheduled for November 30th at 6:30 p.m. regarding the D.A.R.E. program. He stated the purpose of the meeting would be to make a factual presentation of the most recent findings by Social Scientists and Research Evaluators. He stated some of the data collected states the D.A.R.E. program does not work. He stated that enacting City funding for the D.A.R.E. program allows City Council to interject itself into the field of drug prevention education in the public school system. Steve Naples, President of D.A.R.E. Colorado, stated the program is valuable and the program provides an opportunity for police officers to work with the kids before and not after when a drug overdose or crime has been committed. He stated the program provides a positive image for the police officers in this society. Karen Carkel, Laramie, Wyoming, thanked the Mayor for her recent correspondence and expressed concerns regarding police intervention. Al Baccili, 520 Galaxy Court, stated he strongly opposes the D.A.R.E. program. He stated each student will lose around 17 hours of learning time in the classroom. He stated he was concerned with the relationship between the Platte River Power Authority and the Chamber of Commerce. it November 16, 1993 Jack O'Neill, 1307 Brittany Court, stated he was concerned about the budget ' process. He referenced the Coloradoan editorial regarding the police complaint liaison program and asked if a human relations officer will be hired to supervise the 14 liaisons. Citizen Participation Follow-up City Manager Burkett stated the duties have not been outlined for the human relations position. Mayor Azari stated the liaison program is made up of volunteers that work with the Human Relations Commission. Councilmember Horak stated the liaisons do not investigate the complaint, but are helping the citizen to understand the process that is available. Councilmember Janett addressed Mr. Hoffman's concerns in regard to neighborhood compatibility. She stated the issue of neighborhood compatibility is of great concern to Council. Councilmember Kneeland responded to Mr. Hoffman that there is a neighborhood compatibility study that would provide for a person to represent the neighborhood in which a project is being developed. Agenda Review City Manager Burkett called attention to Item 12 which is a Public Hearing and ' First Reading of Ordinance No. 147, 1993, Authorizing the Issuance of Industrial Development Revenue Bonds of the City of Fort Col -fins for the Phelps-Tointon Millwork Project. ***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 will be considered separately under Agenda. Item #18 Pulled Consent Items. 7. Consideration of the minutes of the regular meeting of October 5, 1993. 8. Items Relating to the Imu-Tek Annexation and Zoning. A. Second Reading of Ordinance No. 141, 1993, Annexing 5.1181 Acres, Known as the Imu-Tek Annexation. B. Second Reading of Ordinance No. 142, 1993, Amending the Zoning District Map contained in Chapter 29 of the Code and Classifying for Zoning Purposes the Property Included in the Imu-Tek Annexation to the City of Fort Collins, Colorado. 419 November 16, 1993 a 10. These Ordinances, which were unanimously adopted on First Reading on November 2, approve the request to annex and zone 5.1181 acres located on the south side of East Vine Drive approximately 1/2 mile west of I-25. The requested zoning is the IL, Limited Industrial District and the Planning and Zoning Board is recommending that this property be excluded from the Residential Neighborhood Sign District. The property is developed, with the primary use being a food processing (milk supplement) plant. The property is currently zoned 0, Open in the County. This is a voluntary annexation. This Ordinance, which was unanimously adopted on First Reading on November 2, appropriates $30,000 from the Colorado Department of Health (CDH) to the General Fund. The funds will be used by the Natural Resources Division to implement air quality education and data collection projects. Ordinance No. 144, 1993 was unanimously adopted on First Reading on November 2, 1993. For the past six years Fort Collins Police Services has applied for project funding to the Colorado Division of Criminal Justice for federal drug grant monies. For project year 1993/1994, Police Services has again joined with the Loveland Police Department and Larimer County Sheriff's Department, in one application, for a multi - jurisdictional project to be administered by Police Services. As administrator of the grant, Police Services will assure funding to the other participating agencies for their share of the federal funds. The City has recently received notification of a grant award in the amount of $102,503. The participating agencies will be providing match monies in the amount of $167,558. Fort Collins' portion of the match is $76,377, which is met through application of the budgeted salary and fringe benefits of an existing officer assigned to the Special Investigations Unit and the salary and benefits of a Secretary I who is also assigned to that unit. The replacement of the North College Avenue Bridge over the Poudre River will allow the City to enhance the bridge for the north entrance into the city and install a trail underpass. This new State Highway bridge will allow the City to create a "Gateway" from the north into Fort Collins. ' This theme has been proposed in many planning documents. Design materials for the bridge follow the directions in the "Design Guidelines for Pedestrian -Way Improvements, Downtown Development Authority." The main enhancement items include: planters in the median south of and on the 420 November 16, 1993 12. 13. bridge, decorative pedestrian lights matching "Old Town" lights, exposed ' aggregate sidewalks, the use of sandstone as an accent stone, and landscaping in the medians, trail lighting system, and special concrete treatment (fluted finish) of the piers under the bridge for the trail. The ISTEA program will be the main funding source for the bridge enhancement items. The matching ratio for the work is 82% ($123,000) Federal -aid funds and 18% ($28,000) City. The proposed City funding source is the re-routing of the existing Mason/Howes Capital Project funding which presently contains $50,000. Thirty-two Thousand Dollars ($32,000) of this amount was administratively allocated for trail work in the North College area in 1990. The remaining $18,000 is unused funds from other projects in the North College area. The $28,000 ISTEA match will use $18,000 for bridge surface enhancement items and $10,000 for trail enhancement items under the bridge. The remaining $22,000 in the Mason/Howes Capital Project will be used for trail enhancement items near the bridge. In October, Phelps-Tointon Millwork, LLC, ("Phelps-Tointon") submitted an application to the City for inducement of $1,500,000 of Industrial Development Revenue Bonds pursuant to the City's established policies. On November 2, 1993, the Council unanimously adopted the Inducement Resolution for the Project in the amount of $1,500,000. This ordinance ' authorizes the issuance of the Industrial Development Revenue Bonds to be used to finance the project. These improvements include acquiring, constructing, and equipping a manufacturing facility to be located on Buckingham Street, just west of Lemay Avenue. Phelps-Tointon Millwork was founded as Colorado Custom Cabinets by Mr. Tim Brown in 1985. In early 1993, Phelps-Tointon acquired 75% of the stock of Colorado Custom Cabinets thus creating Phelps-Tointon Millwork. The company manufactures custom kitchen cabinets, commercial and institutional cabinetry, wooden athletic lockers and benches. The owners of the property, Lee Rosen and Priscilla Verant, are initiating this request for Local Landmark Designation for 816 West Mountain Avenue known as the Issac W. Bennett House and Carriage House. A public hearing was held by the Landmark Preservation Commission on November 3, 1993, at which time the Commission voted to recommend designation of this property. The Landmark Preservation Commission and staff are pleased to recommend the house and carriage house located at 816 West Mountain Avenue as a ' local landmark, for their historical and architectural importance. 421 November 16, 1993 ' 14. Items Relating to the Real Property Known as the Cunningham Corner Barn. A. First Reading of Ordinance No. 149, 1993, Authorizing the Disposition of the Real Property Known as the Cunningham Corner Barn. B. First Reading of Ordinance No. 150, 1993, Designating the Cunningham Corner Barn as a Historic Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. 15. Resolution 93-113 specified that: 1) the Barn be relocated to private property within the Urban Growth Area; 2) an RFP be issued to identify those parties interested in obtaining the Barn for private use and to select an appropriate site for the Barn; and 3) the relocation of the Barn be funded from the Historic Preservation Account within the Capital Projects Fund. The RFP was issued and the committee reviewing the proposals rated the one submitted by Doug and Patti Leidholt as the best. On October 19, 1993, the Council adopted Ordinance No. 117, 1993 authorizing the relocation of the Cunningham Corner Barn to private property owned by the Leidholts. The Leidholts subsequently withdrew their offer to relocate the Barn to their property. The Purchasing Agent contacted Mr. Brad Pace who also submitted a proposal for the Barn relocation which was rated a close second to that of the Leidholts. Mr. Pace is still willing to have the Barn relocated to his property at 2560 West Cedarwood which is the two -acre site of the old Brown Farmhouse. That structure has been declared a historic landmark and its restoration is nearly complete. The owner of the Barn, the City of Fort Collins, is initiating the request for local landmark designation for the Barn. The structure is currently located at the northeast corner of Shields Street and Horsetooth Road. If this ordinance is approved by the Council, the Barn will be moved, at the City's expense, to Mr. Pace's property located at 2560 West Cedarwood Drive, known as the Brown Farmhouse property. The Brown Farmhouse was designated a local landmark on May 18, 1993. The landmark designation for the Barn will initially apply to its current location and will transfer with the Barn when it is moved to the Pace property. Moving the Barn will require the review and approval of the Landmark Preservation Commission. Mr. Pace is in agreement with the local landmark designation. In 1990, City Council directed the City's Landmark Preservation Commission (LPC) and staff to prepare for subsequent presentation to City Council, a process and criteria for evaluating historic buildings in the City "to determine if the restoration and/or preservation of such buildings would ' serve a valid public purpose". The Council also directed the LPC and staff to present a procedural mechanism for effecting the preservation of historic structures. 422 November 16, 1993 16. Resolution 93-172 Adopting the City's Americans with Disabilities Act I Grievance Procedure. This Resolution, if adopted, would establish the City's ADA Grievance Procedure, which is required by the Americans with Disabilities Act. The City of Fort Collins is committed to complying with the Americans with Disabilities Act, and it is appropriate that the City provide a procedure to hear grievances from those who feel that the City has violated some provision of the Act. 17. Routine Deeds and Easements. a. Easement Dedication from MOMSQUAD, Inc., for turn -around purposes over a portion of land adjacent to and north of the end of Sandcreek Drive. b. Easement Dedication from Mountain Range Baptist Church for right-of- way and drainage and utility purposes over a portion of land located in Tract 11, Skyline Acres and adjacent to Horsetooth Road. C. Easement Dedication from John C. Dixon for drainage purposes over portions of Lot 3, Block 4, Evergreen Park. d. Deed of Dedication from Century Bank for turn -around purposes over a portion of land adjacent to and east of the end of Lupine Drive. e. Deed of Dedication from Poudre R-1 School District for utility I purposes over a portion of land adjacent to the east side of Hinsdale Drive, south of Harmony Road. f. Powerline Easement from Dara Edwards and Linda Glomboski-Granger, 1505 Whedbee Street, needed to underground existing overhead electric services. Monetary consideration: $10. Items on Second Reading were read by title by City Clerk Wanda Krajicek. 8. Items Relating to the Imu-Tek Annexation and Zoning. a 10. A. Second Reading of Ordinance No. 141, 1993, Annexing 5.1181 Acres, Known as the Imu-Tek Annexation. B. Second Reading of Ordinance No. 142, 1993, Amending the Zoning District Map contained in Chapter 29 of the Code and Classifying for Zoning Purposes the Property Included in the Imu-Tek Annexation to the City of Fort Collins, Colorado. 423 November 16, 1993 r Items on First Reading were read by title by City Clerk Wanda Krajicek. 11. Avenue. 12. 13. First R 14. Items Relating to the Real Property Known as the Cunningham Corner Barn. A. First Reading of Ordinance No. 149, 1993, Authorizing the Disposition of the Real Property Known as the Cunningham Corner Barn. B. First Reading of Ordinance No. 150, 1993, Designating the Cunningham Corner Barn as a Historic Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. Councilmember Winokur made a motion, seconded by Councilmember Kneeland, to adopt and approve all items not removed from the Consent Calendar. The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Winokur. Nays: None. THE MOTION CARRIED. Staff Reports Mike Powers, Director of Cultural, Library, and Recreational Services, introduced Linda Saferite as the new Library Director. He stated she previously held a position in Scottsdale Arizona as Library Director for 13 years. Councilmember Reports Mayor Azari stated that Council was invited to participate in fasting one meal and to provide the money to support the Food Distribution Center. Councilmember Kneeland stated that a town meeting will take place on November 30 at 7:00 p.m. at the Lincoln Center to discuss the issue of violence reduction. 424 November 16, 1993 Items Relating to the 1994 Budget Budget Consent Items Items 21-27 are being presented together in the Consent Calendar format. These items have been reviewed and discussed at Budget Worksessions and are being presented in this manner to expedite their adoption. As with the regular Consent Calendar, any item may be withdrawn for discussion by any member of the Council, staff or public and will be considered after the balance of the Budget Consent is adopted. 21. 22. 23 There will be no increase in 1994 in the amount of the city-wide stormwater operations and maintenance fee. Storm drainage basin monthly capital fees and storm drainage new development fees will not change in five of the nine basins. The percentage increase for monthly capital fees is 15%, or $.34 to $.43 per month. The range of percentage increases for new development fees is 15% to 23.7%, or $371 to $1,024 per acre. Ordinance No. 135, 1993 was unanimously adopted on First Reading on October 19, 1993. The recommended 1994 budget includes Wastewater revenue projections based on a proposed increase in wastewater monthly service charges, for all customer classifications, of 6.0%. The proposed 6.0% wastewater rate increase for 1994 is consistent with the projections included in the wastewater treatment master plan adopted by the Council on August 7, 1990 (Resolution 90-119). This Ordinance, which was unanimously adopted on First Reading on October 19, approves the entire 6.0% rate increase which is needed to fund additional debt service associated with the $25 million loan obtained by the City in 1992. The loan (a low interest loan from the State Water Pollution Control Revolving Fund) is being used to fund Phase I Master Plan improvements at the Drake Water Reclamation Facility (WWTP#2). The Phase I improvements will provide enhanced treatment capabilities to meet existing and future state and federal regulations, and additional capacity to serve future customers. Typically, costs for upgrading existing facilities are allocated to existing customers and costs to expand capacity are allocated to future customers. About half of the Phase I improvements are related to capacity expansion. Items Relating to the 1994 Downtown Development Authority Budget Second Reading of Ordinance No. 137, 1993, Relating to Annual Appropriations and Approving the Budget of the Downtown Development Authority for Fiscal Year 1994 and Fixing the Mill Levy for the Downtown Development Authority for 1994. 1 425 November 16, 1993 ' This Ordinance, which was unanimously adopted on First Reading on October 19, has been amended to add $8,028. The increase is needed to cover the expense of borrowing money from the City of Fort Collins for the improvements to 'facades of the Linden Hotel and Salvation Army buildings. This amended ordinance represents the annual appropriations and approves the Downtown Development Authority (DDA) Operating Budget for 1994 of $673,934. It also sets the DDA mill levy at 4.05 mills which is projected to generate $140,356. 1 24. 25. Second Reading of Ordinance No. 138, 1993, Appropriating Revenue in the Downtown Development Authority for Payment of Debt Service for the Year 1994. This Ordinance, which was unanimously adopted on First Reading on October 19, appropriates funds for the payment of Downtown Development Authority debt service for 1994. This Resolution will increase the majority of cemetery fees and charges by 5%. Some fees will remain the same. The recommended changes are consistent with the revenues projected in the 1994 recommended budget document. Section 23-114 of the Code of the City of Fort Collins requires that City Council authorize the leasing of real property owned in the name of the City. This Resolution authorizes such leasing of City -owned Recreation Facilities, and also adopts rental fees for these facilities for 1994. In addition, this Resolution authorizes criteria to be used to set recreation program fees and charges. 26. Resolution 93-175 Adopting a Rate Schedule for the Use of Lincoln Center Facilities. Proposed rates for 1994 remain comparable with other facilities in the area. The 1994 revenue projections are based on these fee changes. A new rate for commercial rental of the Performance Hall stage use without an audience and a new rate for off -site event ticket charges. Wki November 16, 1993 27. 1994. Adoption of this Resolution will result in determining a Revenue Allocation Formula (RAF), defining the City's contribution to the Poudre Fire Authority in 1994 for operations and maintenance. The RAF will provide a contribution to the PFA of $6,817,801 in 1994 to meets its operation and maintenance needs. This represents an increase of 2.84%. (The 1993 contribution totalled $6,629,243). The Resolution will also approve the proposed PFA appropriations for 1994 which include, in addition to the amount received from the City under the RAF, the additional amount of $644,713 for capital needs. This amount will be made available by an additional one mill of City property tax. Items on Second Reading were read by title by City Clerk Wanda Krajicek. 21. 22. 23. Items Relating to the 1994 Downtown Development Authority Budget. ' A. Second Reading of Ordinance No. 137, 1993, Relating to Annual Appropriations and Approving the Budget of the Downtown Development Authority for Fiscal Year 1994 and Fixing the Mill Levy for the Downtown Development Authority for 1994. B. Second Reading of Ordinance No. 138, 1993, Appropriating Revenue in the Downtown Development Authority for Payment of Debt Service for the Year 1994. Councilmember Winokur made a motion, seconded by Councilmember McCluskey, to adopt and approve all items not removed from the Budget Consent Calendar. The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Winokur. Nays: None. THE MOTION CARRIED. 427 November 16, 1993 ' Resolution 93-177 Establishing and Revising Fees to be Charged at City Park Nine, Collindale, and SouthRidge Golf Courses. Adopted as Amended The following is staff's memorandum on this item. "FINANCIAL IMPACT Staff projects that the Operating Revenue generated from the 1994 Fees and Charges as proposed will produce $1,493,580 at City Park Nine, Collindale, and SouthRidge Golf Courses as budgeted. This is an increase of $98,694 or seven percent over revised 1993 Operating Revenues of $1,394,886. EXECUTIVE SUMMARY In order to continue to satisfy all existing cost recovery policies, an increase of $98,694 (seven percent) from $1,394,886 for Revised 1993 to $1,493,580 for proposed 1994 is needed in Golf Fund Operating Revenues from City Park Nine, Collindale, and SouthRidge Golf Courses for 1994, as budgeted. In order to accomplish this increase in Golf Operating Revenues, as based upon revised play statistics and projections, an overall average increase of seven percent in fees and charges generated at City Park Nine, Collindale, and SouthRidge for 1994 will be necessary to achieve the additional $98,694 needed. The Golf Board and staff believe that both the existing fee structure policy as ' well as the proposed modified fee structure and rates are very reasonable and the prices are very moderate considering the quality of the golf courses in Fort Collins. The proposed fee structure paves the way for more equitable increases in fees and charges in the future, as necessary. Combined with a more aggressive marketing effort (especially for non -prime times), staff and the majority of the Golf Board recommend that the proposed 1994 fees and charges and fee structure should be approved by the City Council. BACKGROUND: Beginning in 1993, the SouthRidge Golf Course budget was merged into the Golf Fund along with the budgets of City Park Nine and Collindale Golf Courses. The Golf Fund has historically been 100% self-supporting from golf revenues. The exception is that since 1991, approximately $200,000 of the $400,000 annual SouthRidge construction debt has and will continue to be paid through the year 2002 from the Sales and Use Tax Fund. In 1992, the City Council agreed that golf fees and charges should strive to maximize revenues at all three golf courses in as fair and equitable a manner as possible, while still retaining some amount of taxpayer subsidy for the SouthRidge debt. 428 November 16, 1993 By City of Fort Collins definition, the Golf Fund is an Enterprise Fund and is ' required to either be 100Y self-supporting, or moving in that direction. The Golf Fund is fully responsible for all of its own expenses and maintaining adequate reserves in the Fund. Several years ago, the Golf Board and staff agreed that trying to retain at least $100,000 in reserves was an appropriate goal. This goal has been accomplished every year through 1992 as golf revenues annually exceeded golf expenses, and some of the excess cash (profits) were used for the purchase of additional necessary and desirable capital equipment and improvements. Essentially, the existing golf fees.and charges structure has been in place for many years, and has been modified several times over the years as deemed necessary. All modifications to the fees structure were approved by City Council upon recommendation from staff and the Golf Board. Historically, the fee structure was not perceived as being "broken", so it was not necessary to "fix it" except for the various modifications. Examples of these modifications include the elimination of single course annual passes, and the addition of the 50 cents per 9-hole play fee for annual passes. Attachment "A" is a chart of comparative golf fees and charges from 1984 through proposed 1994 illustrating the moderate rate increases over the years. 1993 Current Situation The 1993 adopted Golf Fund budget fully covered all required and necessary operational and maintenance costs, as well as a large amount of funding for lease/purchase of capital equipment and cash outlay for capital equipment and ' improvements. The 1993 budget will utilize $233,296 from Prior Year Reserves to help accomplish these additional necessary and desired capital outlay purchases. However, Golf Fund Operating Revenues for 1993 are dramatically down for the first time since 1985 when SouthRidge was opened for its first full year of operation. Projections as of October 31 for Operating Revenues project a 1993 shortfall of around $117,000 by December 31. The three main factors causing this revenue shortfall are: 1) the abnormally poor weather conditions, especially earlier in the year when we lost over 100 consecutive days, and the lost weekend play in April and September due to rain and snow storms; 2) the Colorado Rockies home baseball games competing for leisure dollars; and 3) the competition (supply and demand) from the newly established public golf courses in this area (Mariana Butte in Loveland, Mountain Vista in Fort Collins, the expansion of Link-N-Greens and the more aggressive marketing at Ptarmigan, both in Fort Collins). Most public golf courses along the Front Range were impacted by these same or similar factors. As a result of this unexpected revenue shortfall, staff took several actions to work toward trying to maintain a balanced Golf Fund budget, and still follow all of the budget preparation policies and rules. Among these actions, $60,000 in Operating Expenditures was cut from the existing 1993 budget, and approximately $40,000 was eliminated by Golf staff from the original estimated 1994 proposed budget, cutting all capital except for required ADA improvements. Basically, all 1994 proposed capital purchases will be bumped back a year to 1995, and all other projected capital for 1995 to 1998 will also be bumped back until revenues return ' or significant changes in operating procedures/policies are implemented. 429 November 16, 1993 Because 1993 projected revenues were revised downward, the 1994 (as well as 1995 to 1998) revenues also had to be modified downward, thus revising projected 1994 to 1998 expenditures downward to match the revenues and "balance" the Golf Fund budget. Again, these new revised downward figures and future projections for 1995 to 1998 had to be made under the budget preparation policies and rules. We have tried to retain fully funded operating expenses through 1998, but capital acquisitions and improvements including lease/purchase and cash purchases such as mowers, trucksters, golf car path paving, building improvements, and especially Collindale pump station and irrigation system renovation, appear to be well under -funded or not funded in order to stay within required projections and limitations. The Golf Fund "Comparative Statement of Income" and "Comparative Statement of Cash and Investments" (pages 70 and 71 of the 1994 Recommended Budget) show that projections to utilize all prior year reserves (Ending Cash, Investments, and Other Net Current Assets) in order to maintain a positive balance. Obviously, we no longer have the desired $100,000 in reserves at this point in time. 1994 Proposed Budget and Fees In preparing the 1994 proposed Golf Fund budget, staff followed all of the City's policies and rules for budget preparation, including the new restrictions imposed as a result of the passage of Amendment I by the voters of Colorado. The Golf Fund budget falls completely within the limits as authorized, and provides for all basic operational and maintenance funding, including required Americans with Disability Act improvements, and required Amendment 1 Emergency Reserves, but ' does not provide for any capital outlay expenses simply because the money is not available to fund capital. In order to continue to satisfy all existing cost recovery policies, an increase of $98,694 (seven percent) from $1,394,886 for Revised 1993 to $1,493,580 for proposed 1994 is needed in Golf Fund Operating Revenues from City Park Nine, Collindale, and SouthRidge Golf Courses for 1994, as budgeted. In order to accomplish this increase in Golf Operating Revenues, as based upon revised play statistics and projections, an overall increase of seven percent in fees and charges generated at City Park Nine, Collindale, and SouthRidge for 1994 will be necessary to achieve the additional $98,694 needed. The Golf Board and staff have been working on 1994 fees and charges for several months. Issues such as supply and demand, marketing, discounts, revenue shortfall, and the political climate were thoroughly considered. A Golf Fee Structure Committee, composed of Golf Board Members Armon Johannsen, Henry Fry, Al Bednarz, and Jerry P. Brown then recommended to the entire Golf Board the following desired goals to be achieved in approving 1994 golf fees and charges: That prime time play at each golf course is worth more and should cost more than non -prime time play. That SouthRidge Greens Fees should eventually be the same as City Park Nine and Collindale. ' That some form of annual pass usage be considered for implementation at SouthRidge. 430 November 16, 1993 That the existing fee structure essentially remain unchanged except to I begin implementation of the above goals. After reviewing the current status of the Golf Fund, and after much discussion of the various options available, the Golf Board, utilizing these goals, then held two public meetings on September 15 and October 13 to solicit input from the public and golfers. Approximately 30 citizens attended each of the meetings. Board Members and staff also received input from letters, phone calls, and personal discussions. After consideration of all the input, the Golf Board, at its regular meeting of October 13, 1993, voted 5-2 (with one member absent and one member removing herself from discussion and voting due to a declared conflict of interest), that the specific fee changes/increases for 1994 should be as follows: - Determine when prime time and non -prime time is at all three golf courses, with prime time being when the utilization and demand for the courses is at its highest. (See Attachment "B" for illustration). - Raise SouthRidge Green Fees for 9-holes from $9 to $10 during prime times, but retain the 18-ho7e prime time fee at $16. - Raise City Park Nine and Collindale prime time fees from $8 to $9 for 9- holes and from $13 to $14 for 18 holes. - Non -prime time green fees at all three courses remain at $8 for 9-holes and $13 for 18-holes. - Raise the base annual pass fee for adults from $380 to $400; which then , raises senior citizens, senior citizen spouses, students, and the second adult/spouse family rate from $285 to $300; raises the junior rate from $190 to $200; and raises the children in the family rate from $95 to $100; with the maximum family rate charge increasing from $855 to $900. Retain the 50 cents per each nine holes annual pass per play fee for non - prime times at City Park Nine and Collindale. - Create a new $1 per each nine holes annual pass per play fee for prime times at City Park Nine and Collindale. - Allow annual passes to be utilized at SouthRidge during non -prime times only at a per play fee of one-half of the posted green fee rate. - Eliminate the "half -season" annual pass because of the implementations of punch cards. - Establish a junior green fee for all three courses, similar to the existing SouthRidge fee; and establish winter rates, if appropriate. - Establish 10-p7ay punch cards on .prime time green fees at all three courses with roughly a 10 percent discount at Collindale and City Park Nine, and a 20 percent discount at SouthRidge for full pre -payment. - Increase the tournament fee from $2 to $3 for 18-ho7e events. ' 431 November 16, 1993 No changes to City -owned or City -rented golf car fees except for the addition of a Single Rider Medical Discount Fee. Modify private golf car fees to allow for a $25 discount per each course added. The two members who voted "no" were opposed for specific reasons. Larry Glass believes that fees at all three City -owned courses should be the same, and that annual passes should be fully allowed at SouthRidge. David Shands also feels that daily green fees should be the same at all three courses. However, the majority of the Board (AI Bednarz, Henry Fry, Hank Hoesli, Armon Johannsen, and Cindy Roper) do not agree with them. Conclusion The staff and the majority of the Golf Board feel very strongly that both our existing fee structure policy as well as the proposed fee structure and rates are very reasonable and our prices are very moderate considering the quality of the golf courses in Fort Collins. The proposed fee structure paves the way for more equitable fees and charges increases in the future, as necessary. Combined with a more aggressive marketing effort (especially for non -prime times), we feel that the proposed fees and charges and fee structure makes sense and should be approved by the City Council." Jerry Brown, Assistant to the Director of Cultural, Library, and Recreational Services, provided an explanation of the golf fees and structures for the 1994 proposed budget. He stated the 1993 revenue shortfall has been caused by weather, new competing golf courses, and the new Colorado Rockies baseball organization. He stated the Golf Board supports the existing fee structure and the new proposed modified fee structure. He stated the Board and staff believe the golf rates are reasonable. Al Bednarz, Golf Board President, stated the Board is recommending that no increase in fees take place in 1994 for non -prime playing time. Councilmember McCluskey made a motion, seconded by Councilmember Kneeland, to adopt Resolution 93-177. Councilmember Winokur asked if the City intends to reach a conformity of fees throughout all three City owned golf courses. Henry Fry, Golf Board member, stated it is the intent to equalize fees at all three golf courses. He stated it is a slow process to conform all courses and believed that by 2002 that goal would be accomplished. Councilmember Winokur asked what the current annual general fund subsidy for the SouthRidge debt. City Manager Burkett stated the figure is approximately $200,000. Brown stated the sales and use tax fund contributes $200,000 towards the $400,000 debt. 432 November 16, 1993 Councilmember McCluskey stated the proposed 1994 Golf budget is best for the I City. He stated the Board and staff contacted members of the community to try and address their wants and needs for the City's three courses. Councilmember Apt asked about the implementation of the automated tee time reservation. Brown responded the Board is going to view a demonstration of the system and stated it is a system that would be installed in the future. Councilmember Horak commended the Board and staff for putting together a responsible budget for 1994. He stated the General Fund should provide the subsidy for those citizens that should be paying less. Councilmember Winokur stated he supported the idea of a unified system of golf and believed the Board and staff are taking the appropriate measures to see that is accomplished. Councilmember Horak made a motion, seconded by Councilmember Apt, to amend Resolution 93-177 to add a Section 2 stating that the subsidy for special populations will be calculated and returned to the Golf Fund to be used for capital expenditures. He stated that staff should come back with a proposal for a dollar figure and the calculations for the subsidy for the General Fund. Councilmember Winokur asked if the money that would go back into the Golf Fund for capital uses would come from the General Fund. ' Councilmember Horak stated the money would come from the General Fund and placed into the Golf Fund. Councilmember McCluskey stated he would support the amendment to the Resolution. The vote on Councilmember Horak's motion to amend Resolution 93-177 was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Winokur. Nays: None. THE MOTION CARRIED. The vote on Councilmember McCluskey's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Winokur. Nays: None. THE MOTION CARRIED. 433 November 16, 1993 ' Ordinance No. 139, 1993 Being the Annual Appropriation Ordinance Relating to the Annual Appropriations and Adopting the Budget for the Fiscal Year Beginning January 1, 1994, and Ending December 31, 1994, and Fixing the Mill Levy for Said Fiscal Year. Adopted as Amended The following is staff's memorandum on this item. "EXECUTIVE SUMMARY This Ordinance, which was unanimously adopted as amended on First Reading on October 19, has been adjusted to add $200,000 for the Transit Services Fund to expand Transfort bus service. To fund this service General Fund programs will be reduced by $100,000 and the transfer from the Sales and Use Tax Fund to the Street Oversizing Fund will be reduced by $100,000. In addition, $100,000 has been added to Choices 95 capital project appropriations associated with the Senior Center per Resolution 93-167. Appropriations totalling $50,000, have been reduced in the Recreation Fund representing a change in the estimated cost for operations and maintenance anticipated for the Senior Center in 1994, due to changes in the anticipated opening date. An additional $35,000 in appropriations have been added to the Special Assessment Debt Service Fund. Appropriations added to the 1994 Budget as a result of First Reading adjustments amount to $948,000. The amended ordinance plus the adjustments explained above ($350,000) appropriates the 1994 Annual Budget in the amount of $232,741,995 and sets the mill levy at 9.797 mills. Related memorandums that recap 1994 service enhancements and describe the options for expanding Transfort service are included in Council Packets (11-11-93). The following additions have been made to the budget ordinance that was passed on first reading. General Fund - $100,000 The transfer from the Sales and Use Tax Fund to Street Oversizing Fund has been reduced by $100,000. Per the Sales and Use Tax distribution policy, the $100,000 is added to the transfer to the General Fund. These additional funds have been combined with $100,000 of existing General Fund appropriations for transfer to the Transit Services Fund for expansion of bus service. The General Fund appropriations were made available by reducing current program appropriations. Capital Projects Fund - $100,000 On first reading of the annual appropriation ordinance, Council approved an appropriation of $229,800 from excess Choices 95 revenue to cover the budget shortfall on the new Senior Center. On November 2, 1993, Council adopted Resolution 93-167, which authorized the City to proceed with the project without the additional $100,000 cost reduction required in ' Resolution 93-158. As a result, an additional $100,000 in appropriations have been added to the Choices 95 Senior Center Project to cover the budget shortfall created by construction bids that exceeded estimated costs. 434 November 16, 1993 Recreation Fund - ($50,000) ' Appropriations totalling $50,000, have been reduced in the Recreation Fund representing a change in the estimated cost for operations and maintenance anticipated for the Senior Center in 1994. The initial budget was based on an opening date for the. Senior Center in early fall 1994. The projected opening date has since been changed to December 1, 1994. Transit Services Fund - $200,000 Ongoing appropriations totalling $200,000 have been added to the Transit Services Fund to be used to expand services. Special Assessment Debt Service Fund - $35,000 Ongoing appropriations totalling $35,000 have been added to Special Assessments Debt Service Fund. This additional appropriation will be used to cover a portion of the costs of administering the special district program, including marketing and sales of Special Improvement District properties. Following is a list of the items that were added by City Council during first reading of the budget ordinance. General Fund - $591,500 $ 60,000 One-time funds were added to the Employee Development Department to begin a Youth Employment program. This is a pilot program to be , worked out with Larimer County Employment and Training Services to increase the job opportunities for youth in our community through the Youth Conservation Corps/Operation Brightside Breakthrough program. 40,000 One-time funding was added to the CLRS Administration program to perform a River Study. This is to be a comprehensive study of the river including, but not limited to, a river walk feasibility and a study of the ecosystem. 35,000 One-time funds in the amount of $25,000 were added to the I.C.S. department for equipment, software and supplies for the Fort Net pilot project. An additional $10,000 of ongoing funds were added to I.C.S. to fund a .25 FTE City representative for Fort Net implementation and maintenance. 40,000 One-time funding to be transferred to the Transportation Fund was added to hire a consultant team to perform a Front Range Railroad Feasibility Study. The entire study is estimated to cost $270,000. This amount represents the City's matching funds. 366,500 Ongoing funds in the amount of $300,000 and one-time funds in the amount of $66,500 were added for transfer to the Transit Services ' Fund. The ongoing funds are for a contract to provide paratransit services to disabled and senior residents over 60 in the urban growth area. This will meet the conditions mandated in the 435 November 16, 1993 Americans with Disabilities Act for cities that operate a fixed - route bus system. The one-time funds in the amount of $66,500 will purchase the necessary equipment for paratransit services. 50,000 These are one-time funds to renovate a portion of the Car Barn to make it environmentally secure for Museum artifacts. The Museum needs to find new storage space in 1994 because existing storage has been leased to CSU as part of the Power Plant lease. In addition, $500 of existing Natural Resources appropriations have been reprogrammed to provide initial funding for an environmental clearing house. Sales & Use Tax Fund One-time funds of $100,000 from the revised sales tax revenue proceeds will be reserved for debt reduction. These funds will be reserved in the Sales & Use Tax Fund and the first priority for their use will be for DDA debt service shortfalls. Transit Services Fund - $366,500 Appropriations have been increased by $300,000 to fund paratransit services for two groups: 1) Americans with Disabilities Act (ADA) eligible disabled; 2) persons over the age of sixty. The increase will allow ' service for 310 days a year, twelve hours a day, the same hours as regular transit service is provided. With the additional appropriation, Transfort is able to meet the mandates of the ADA. Funding will come in the form of an ongoing transfer from the General Fund. In addition, appropriations have been increased by $66,500, representing a one-time transfer from the General Fund, to cover one-time costs associated with the buy out of paratransit vehicles from Care -A -Van. The proposed buy out represents Care-A-Van's 25% ownership in the vehicles. In addition, the money will be used for some minor capital items such as bringing in additional phone lines into the system, and repainting some busses and vans. Transportation Fund - $40,000 A Rail Transit Feasibility Study is needed to determine the opportunities for a rail transit operation that would move people between north front range cities and the Denver metro area including the new Denver International Airport. This study needs to look at the demand for such service, define operating costs and identify the different governmental as well as private agencies that need to be involved to develop a working rail transit operation in the northern front range of Colorado. General City Capital - $50,000 ' General City Capital project appropriations have been increased by $50,000 to construct storage space for the Museum. This project will provide about 3,700 square feet of secure, environmentally controlled storage space within a portion of the Trolley Barn for storage of museum M. November 16, 1993 artifacts. Work includes insulating the roof and walls, adding lighting, ' installing climate control and security control systems, and fire detection. A one-time transfer from the General Fund will be used to fund this project. General City 114 cent Choices 95 Capital - ($100.000) Choices 95 capital appropriations associated with the Senior Center have been reduced by $100,000. A17 bids for the construction of the Senior Center exceeded the estimated construction cost. The low bid came in $456,000 above the estimate. Staff proposed altering the scope of the project in Resolution 93-158, thereby reducing construction costs by $126,200, and appropriating $329,800 from excess Choices 95 revenue to cover the shortfall.. This increase was added into the 1994 Proposed budget presented to Council for 1st reading on October 19, 1993. However, Council adopted Resolution 93-158 with an amendment that directed staff to further reduce the anticipated costs of the project by $100,000. Accordingly, appropriations have been reduced by $100,000, from $329,800 to $229,800." City Manager Burkett stated the suggested changes from First Reading have been incorporated into the Annual Appropriation Ordinance. He stated that $100,000 was allocated to the capital project for the Senior Center and an additional $200,000 was placed into the Transit Fund per CounciI's direction. Councilmember Kneeland made a motion, seconded by Councilmember McCluskey, to ' adopt Ordinance No. 139, 1993 on Second Reading. Councilmember Winokur asked where the additional $35,000 for the Special Assessment Debt Service came from. Alan Krcmarik, Finance Director, stated the additional money came from the reserve fund that was set up for administrative services. Councilmember McCluskey asked how the figures for ridership were achieved. John Daggett, Transfort Manager, stated the figures are based on some criteria that was used in the development of the Transit Development Plan during 1989, 1990, and 1991. He stated the southeast area route involves new passengers, but since that is a middle to upperclass section of town there are less riders dependent upon fixed route transit or paratransit. Councilmember Apt believed the extra money allocated to the Transit Fund will be well spent. He stated the City is taking all the right precautions in seeing that the community gets the best leverage out of those dollars allocated. Councilmember Winokur asked about the sales and use tax projections for 1994. Doug Smith, Budget Director, stated that there would be an increase of $654,000. He stated out of that increase came the Paratransit and Fort Net. He stated there is approximately $350,000 that is being saved as a cushion. ' Councilmember Janett asked if the $60,000 allocated for youth employment would be used by youth that are employed by the City or by other programs. 437 November 16, 1993 City Manager Burkett stated one option would be to set up a program for the City to hire youth or another option would be for the City to contract with others who would hire the youth. Councilmember Winokur asked if the $35,000 would help the City reduce more of the SID debt. Krcmarik stated the $35,000 would help reduce the SID debt. He stated the City started collecting the assessments in 1991 and that two percent has been put aside. He stated some ,of the two percent is to reimburse the Finance Administration's time for collecting and working with the 1991 assessments. Councilmember Janett asked if the $85,000 for assisting the Planning Department was carried forward or contingent upon the' outcome of the planning fees discussion. City Manager Burkett replied the $85,000 is not a part of the 1994 budget appropriation contingent upon the outcome of the planning fees. Councilmember Kneeland stated she would support the budget ordinance and commented that the process the budget goes through is very well organized. Councilmember Winokur stated the current costs of supporting the four Service Area Directors is more than half a million dollars a year for 1993. He believed those salary levels may not be cost effective to the City. ' Councilmember Winokur made a motion, seconded by Councilmember Horak, to amend Ordinance No. 139, 1993, for Section 2 to read as follows: That there be, and hereby is, appropriated out of the revenues of the City of Fort Collins, for the fiscal year beginning January 1, 1994, and ending December 31, 1994, the sum of $232, 741, 995 to be raised by taxation and otherwise, which. sum is deemed by Council to be necessary to defray all expenditures of the City during said budget year, to be divided and appropriated in the following fashion; provided, however, that $264,998 of said sum, which represents the amount necessary to provide compensation and staff support for a period of six months for the positions of Director of Administrative Services; Director of Community Planning and Environmental Services; Director of Cultural, Library, and Recreational Services; and Director of Utility Services, shall not be expended without subsequent approval by the Council by ordinance. Councilmember McCluskey asked if the amendment intent is to eliminate this funding from the budget and if the City Manager is going to research the organizational structure. Councilmember Winokur stated that it would eliminate the funding for the second half of the budget year and would ask staff for alternatives for that excess funding. He stated he would ask City Manager Burkett for direction regarding this issue. Councilmember Kneeland stated her concerns with these major changes being brought ' before Council on the final reading of this Ordinance. She stated changes of this magnitude should be discussed in another forum. 438 November 16, 1993 Councilmember Winokur stated due to the late hour at the October 19th meeting is ' one reason this change was not brought forward. He stated that on November 4th Council met with E.L.T. and that meeting provided answers to some questions that pertain to this change in the ordinance. Mayor Azari asked what percentage of the total administrative overhead this reduction would be. Smith responded it is nine tenths of a percent of the total General Fund. City Manager Burkett stated the funding that would be set aside not only includes the Service Directors but some of the support staff. Councilmember Janett asked if the reduction would cause management to terminate any positions prior to the report from the City Manager. City Manager Burkett stated management would not terminate anyone. City Manager Burkett stated if Council were to adopt this reduction in the budget, it would represent a micro -management theory for this organization. He stated he would like some clarification on whether the Council believes there is too much management in the City. He stated urged Council not to adopt this amendment to the ordinance and believed it was a step towards directing the City Manager on how to manage the organization. Councilmember McCluskey stated he would not support the amendment to the ordinance. He stated if Council believes the budget is too high that it should ' direct staff to reduce costs and present various alternatives, but the reduction in this.area is not necessary. Councilmember Horak stated this amendment reduces the budget. He stated the amendment proposes an incentive for management to research a system that would work better for the organization and the community. Councilmember Kneeland stated this amendment offers a change that Council has not fully researched or discussed in great detail. She stated she would not support the amendment because it is proposing a fundamental and systemic change at the eleventh hour. Councilmember Winokur believed the amendment sets aside the funding to be reviewed and that - if Council so chooses at a later date the funding could be restored. He believed it was easier to put money back into the budget than to take it out of the budget after the ordinance had been adopted. Councilmember Janett stated she would support the amendment and believed the purpose of the amendment was to focus on the concerns between Council and staff relationships. She stated the funding is not lost, but that it is in a reserve account to be reinstated if Council chooses to do so. She stated it provides Council and staff some time to review the organizational structure and determines if there are any alternatives to make the organization to perform better. Councilmember Apt stated he would support the amendment since it provides an ' opportunity for Council and staff to review a reorganizational plan for the City. 439 November 16, 1993 Councilmember Kneeland believed that fiscally responsible. She stated an thoroughly before it is passed. adoption of this amendment would not be issue of this sort needs to be discussed Councilmember Horak stated Council has concerns with being an efficient organization and would look toward d improving the organizational structure. Councilmember Winokur stated it is Council's responsibility on how the taxpayers money is going to be spent and believed the organizational structure needs to be reviewed. Mayor Azari believed that an amendment such as this would not create a positive environment in which Council and staff could work together. She stated she would not support the amendment because it was a separate challenge and should be dealt with at another point in time. The vote on Councilmember Winokur's motion to amend Ordinance No. 139, 1993, was as follows: Yeas: Councilmembers Apt, Horak, Janett, and Winokur. Nays: Azari, Kneeland and McCluskey. THE MOTION CARRIED. Councilmember Apt asked if the extended hours for Transfort would be eliminated because there is an additional $200,000 in that fund. He asked where the additional $74,000 would come from for the extended service. City Manager Burkett stated the additional $200,000 would have no effect on the proposed extended service. He stated the $74,000 would either come from the General Fund or from additional revenues. Councilmember asked for clarity on the $40,000 purchase of the Riverwalk. City Manager Burkett stated the Riverwalk project would be brought back before Council to decide the specifics and clarification on the development of the study. Councilmember Winokur commended the Finance Department for the service it provides to the community. Councilmember Janett believed staff has been very responsive to the suggestions that Council has made in regard to the budget. She believed the projects that are being implemented in 1994 are positive and provide a great outlook for this community. The vote on Councilmember Kneeland's motion to adopt Ordinance No. 139, 1993, as amended on Second Reading was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Winokur. Nays: None. THE MOTION CARRIED. 440 November 16, 1993 Items Relating to the Neighborhood Compatibility Study The following is staff's memorandum on this item. "EXECUTIVE SUMMARY A. Resolution 93-178 Adopting the Recommendations of the Neighborhood Compatibility Study. B. First Reading of Ordinance No. 151, 1993, Amending Sections 29-526 and 29- 527 of the City Code for the Purpose of Implementing Portions of the Neighborhood Compatibility Study and of Making Certain Other Changes. The LDGS Audit of 1990 identified the need to define neighborhood compatibility and the process used to determine compatibility on planned unit developments. For the past 18 months, staff, a consultant team and the project advisory committee have done an analysis of the issues related to compatibility. The study proposes new All Development Criteria for the Land Development Guidance System and provides recommendations for improving the development review process and opportunities for citizen participation in this process. A Resolution to adopt the study results is proposed and Ordinance changes to. the LDGS are proposed to implement the short-range process recommendations and for several housekeeping matters. Citizen Involvement At the beginning of the study, comments and suggestions on neighborhood compatibility and the development review process were gathered in interviews with focus groups. A round table discussion among focus group members was also held. From these focus groups, an Advisory Committee was formed to advise staff and the consultants on this study. Membership on the committee represents a wide variety of interests related to development and neighborhood issues in Fort Collins. The committee has met 14 times to discuss various aspects of the study. Two community workshops were held in 1992 to gather input on the compatibility criteria and to begin seeking solutions with the community. The results of these workshops reinforced the idea that there are other aspects of a development proposal, beyond the four existing criteria, that may be equally important in determining whether it is compatible with its neighborhood. Since release of the draft study, two public information -meetings have been held and the comments received are attached. In general, the comments have been supportive of the draft study; however, the proposed removal of the Social Compatibility Criterion from the LDGS is of concern to some of the Advisory Committee and citizens that have participated in the public information meetings. The Landmark Preservation Commission and Natural Resources Advisory Board have voted to support the study and its recommendations. A Council Worksession was held on the study on October 12 and Council recommendations provided at the worksession have been incorporated into the study recommendations (see attached memo). 1 441 November 16, 1993 ' LDGS Changes During the course of the Neighborhood Compatibility Study, it became apparent that there are more than four criteria that relate to whether a development is compatible with its surroundings. These other criteria are spread throughout the existing A71 Development Criteria. Many of them are difficult to understand and interpret and as a result, have been applied inconsistently. A new format has been developed for the All Development Criteria and the criteria are proposed to be divided into three sections: Community -Wide Criteria, Neighborhood Compatibility Criteria and Engineering Criteria. The Neighborhood Compatibility Criteria have been a large focus of the study. These criteria cover neighborhood compatibility and site design issues. Most have been re -written and illustrate the intent of the proposed format. This format provides the "standard" or required criterion at the top of the page and "guidelines" below, to use in determining if the criterion has been addressed. All existing A71 Development Criteria have been addressed in the proposed criteria with two exceptions: the existing criterion addressing social compatibility is proposed to be deleted and the criterion addressing mitigation of land use conflicts is carried throughout each of the Al Development Criteria. The criterion addressing social compatibility is proposed to be deleted because the term "social compatibility" is susceptible of different interpretations and there is concern that this criterion may be used in a discriminatory fashion. The existing criterion requires that differences between an affected neighborhood and the applicant be resolved, or a neighborhood meeting must be held. The concept of neighborhood meetings is retained in the proposed recommendations and is strengthened by eight recommendations relative to neighborhood meetings. The concept of mitigation of land use conflicts is still retained throughout the system and is applicable to all criteria. Process Improvements The recommended process improvements are grouped by topical categories, including notification; Conceptual Review; submittal/routing; staff recommendations to Planning and Zoning Board; neighborhood meetings; level of detail at preliminary and final, ODP; variance language; and "other". Some of the recommendations will require ordinance changes, while others do not. These recommendations are also grouped by the time needed for implementation, into short range (within three months of adoption of study); mid -range (within six months) and long, range (within 12 months of adoption of study). There are a series of ordinance changes proposed to the LDGS along with the recommendations of the Neighborhood Compatibility Study. These changes cover the short-range process recommendations (relating to affected property owner (APO) notices, area of notification, signage posted at proposed development sites, pre - Conceptual Review meetings and criteria for holding neighborhood meetings). Several housekeeping changes are also proposed and clarify such things as using the A71 Development Criteria to review administrative changes and extensions of approved PUD's, requirements of attorney's certification on PUD plans and time ' periods for extensions of approved PUD's. 442 November 16, 1993 Affordable Housing Impact ' The Affordable Housing Policy directs staff to analyze the impact of City policies and programs on the provision of housing affordability. The majority of the proposed recommendations in the Neighborhood Compatibility Study are not expected to affect the provision of affordable housing; however, the following items would specifically increase costs to applicants of development proposals: expanding the area of notice and requiring the applicant to pay for postage and handling costs; and requiring a pre -Conceptual Review meeting and second neighborhood meeting on controversial developments. The recommendation for reducing the level of detail on preliminary plans is considered to be a positive step toward encouraging affordable housing in the community. RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance. PLANNING AND ZONING BOARD RECOMMENDATION At the November 1, 1993 Planning and Zoning Board meeting, the Board voted 5-0 to recommend adoption of the findings and recommendations of the Neighborhood Compatibility Study and to recommend adoption of the proposed ordinance changes with one change to the "purpose" section of the ordinance." Sherry Albertson -Clark, Chief Planner, stated two actions are requested of Council. One is to adopt the recommendations of the Neighborhood Compatibility ' Study and the other is to amend the City Code to implement portions of the Study. She provided some history on the Neighborhood Compatibility Project and believed the project has been approached as a team concept between Council, staff, and the community. She stated that Council's suggestions have been completely incorporated within the Study. Rene Clements, Planning and Zoning Board Chairperson, stated that the Study proposes that preliminary hearing land use issues will be reviewed and at final review the specific site design issues will be reviewed. She stated this document should provide for some consistency among planners and ensures that information regarding various projects will be distributed to the citizens early on in the process. She stated the Study recommends inter -departmental cooperation on projects prior to projects being presented to the Planning and Zoning Board. She urged Council to adopt the Resolution and the Ordinance. Frank Vaught, Project Advisory Committee, stated that most people believe the Land Development Guidance System is a successful document in creating a high quality of new development in this community. He stated the Committee found that people believe the process of the development was the most confusing aspect in Neighborhood Compatibility. He believed the Study would channel citizen participation in a positive direction in achieving the balance between the community and developers etc. 443 November 16, 1993 ' Emily Smith, Project Advisory Committee, stated this document defines a more predictable means for projects under the Land Development Guidance System. She stated that as a neighborhood representative, she was pleased to find out that the developers, the City and neighbors have the same goal in mind. She stated the Study illustrates that neighborhood character has value and merit. She urged Council to adopt the Resolution and the Ordinance because it strengthens the relationship between the neighborhoods, the City and the developers. Councilmember Apt commended the Committee on the work put forth to create such a fine document for this community. He asked if there was a particular part of the Study that addresses mass transit compatibility. Albertson -Clark responded that mass transit would be addressed in the engineering section which encompasses design standards for streets and pedestrians etc. She stated that Transfort is involved in the review process and provides information on the need for bus stops within developments. Councilmember Apt asked if the Study provides enough emphasis on alternative transportation. Clements stated the Study provides strong emphasis on requesting the community members to ride their bikes, carpool, and use public transportation. Councilmember Winokur asked for more specifics on providing a facilitator between the neighborhoods and staff. ' Albertson -Clark replied that a neighborhood ambassador would be a volunteer position that would work with the affected neighborhood and staff. She stated another concept would be for a facilitator to attend individual neighborhood meetings between staff and the affected neighborhood. She stated the financial impact of a facilitator has not been determined. She explained that the neighborhood ambassador would be a member of staff who is trained and has experience in facilitation. She stated another aspect would be to have the project planner remain the facilitator but have another person do the recording of the meeting. Councilmember Horak made a motion, seconded by Councilmember Apt, to adopt Resolution 93-178. Councilmember Kneeland commended the process that staff and the Committee has worked through to create a document that looks out for the best interests of the community. She stated the neighborhood ambassador program provides a bridge between staff and the community to work together in the development aspect of this community. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Winokur. Nays: None, THE MOTION CARRIED. Councilmember Horak made a motion, seconded by Councilmember Kneeland, to adopt ' Ordinance No. 151, 1993 on First Reading. 444 November 16, 1993 Councilmember Apt asked why the wording referring to staff having the option of ' extending the footage for notice was deleted. He stated additional language should be incorporated within the Ordinance to provide specific criteria for special projects that would incorporate a notification distance further than 1,000. Albertson -Clark stated the wording was deleted because the expansion would occur either by a project that is over 100 units or a non-residential project that is over 50,000 square feet. She stated those two criteria would automatically trigger the 1,000 foot expansion instead of seeking staff's approval. Councilmember Apt asked if the notification sign would be highly visable to the public. Albertson -Clark stated the Committee suggested posting multiple signs. She stated a size has not been specified and various options are still be reviewed. She stated the sign would incorporate the City logo and the size of the sign would be somewhat larger than the current sign. Councilmember Apt suggested that some language be added to the Ordinance before Second Reading regarding the size of the signs. Councilmember Janett stated the efforts put forth by staff and the Committee have resulted in a fine document. She stated that neighborhoods are a key part in any development throughout this community. Councilmember Horak believed there need to be sign notification specifications I for any development that is occurring in this community. He stated the sign notifying the public of a project needs to be highly visable. Councilmember Winokur stated he appreciated the hard work that was put forth to create the Study. He stated that with the involvement of the neighborhoods, a chance of compatibility between the developer, the community, and the City is more likely. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 93-179 Directing Staff to Prepare an Ordinance for the Purpose of Establishing and Implementing a Development Review Fee Schedule. Adopted as Amended The following is staff's memorandum on this item. "EXECUTIVE SUMMARY The Cost of Development Study, presented to City Council earlier this year, , included a study of Planning Fees (aka Development Review Fees). These fees are collected by the Development Review Division of the Planning Department for providing services specific to development -related items. During the City 445 November 16, 1993 I Council review of the Cost of Development Study, Council directed staff to propose a new schedule of fees to present for public input and for consideration by Council. Historically, Fort Collins has absorbed the costs associated with the review of planning items and has maintained low fees; however, there is no policy base for the current fees, nor is it clear what costs these fees were intended to cover. Minor adjustments have been made to the existing fee schedule, which has been in place since the ear7y-1980's. As new planning procedures were added (i.e. Minor Subdivisions), fees for these procedures were also added. In order to determine the costs of providing the review and processing of planning items, data was collected from City departments and divisions that regularly participate in reviewing development -related applications. Each department or division provided estimates on the amount of time spent on a "typical" application (such as one annexation or one preliminary PUD) for each type of review the City performs or requires. "Typical" was defined as the best measure of an estimated amount of time spent on each type of application, since actual time spent per project does vary and is not recorded for each project. Only those items that currently have a fee charged by the Planning Department were considered in this study. Data was collected for personal service costs (salary and benefits) and non - personal service costs (i.e. equipment depreciation, supplies, telephone charges) based on the amount of staff time devoted to development review activities. ' Indirect administrative costs were provided by the City's Budget Office and include charges for those departments that provide internal support (i.e. City Manager, City Clerk, Finance and Employee Development). Study results show that current fees equate to approximately 2-11% of the actual cost of the review and processing of planning items. Fee Policy The City's Fee Policy, adopted in 1992, contains criteria for determining cost recovery for user fees such as the Development Review Fees. An important aspect is that overall costs of providing a particular service must be established, in order to determine the appropriate level of cost recovery. The policy also identifies those services for which fees could be imposed and establishes a method for determining the percentage of costs to be recovered through such fees. The percentage of cost recovery for fees is expected to be lower for those governmental services provided by the City for the public good, which includes the regulation of land use. The fee policy also directs that the nature and extent of the benefit to the fee payers, level of demand for a service and the ease of collection be considered in determining cost recovery levels. The staff recommendafion for Development Review Fees is based on the Council's adopted Fee Policy. (A copy of the fee policy is included in the agenda materials.) 446 November 16, 1993 Citizen Involvement ' There have been two focus group meetings held to discuss these fees (see attached minutes). Several issues were raised at these meetings, as well as at the October 4 Planning and Zoning Board meeting. These issues are generally summarized as relating to why revenues (sales tax) were not considered in the proposed fee increases; how fees would be applied for affordable housing projects; sliding scale fees for particular types of projects and why the appeal fee was not considered as part of this study. Options Several options for increasing fees are presented in tabular form in the attached report. The options include cost recovery at 50% and 100%, as well as several ways of defining "overall costs". Other options for sliding scale fees and for phasing in fees over a period of time are also discussed. The Planning and Zoning Board's recommendation of 20Y recovery of all costs is also included in tabular form. The 50Y cost recovery level implies that there is a shared benefit between the community as a whole and development, which is also creating the demand for development review services. The concept of 100% cost recovery, on the other hand, implies that since the demand for development related services is created by development, the full costs should be borne by development. Other options, adjusting the cost recovery levels, were considered; however, the 50 and 100% levels appear to provide logical levels to consider, depending on whether policy ' direction is for costs to be shared, or fully borne by development. The data collected to determine the costs of development review activities include a total of all of the development related costs of the departments and divisions that are involved in such activities; however, the majority of time and costs spent on development related activities is by those departments and divisions of Community Planning and Environmental Services (CPES). Staff believes that there is a shared benefit derived from City review of development - related applications and that this benefit is shared between the community at large and development. Affordable Housing Impact The Affordable Housing Policy directs staff to analyze the impact of City policies and programs on the provision of housing affordability. The Development Review Fee Schedule proposes increases to all development - related application fees and would increase costs to applicants of development proposals. The cost per unit or per lot would depend on the number of units or lots, as well as the type of application. Per unit/lot costs, based on recently approved affordable housing proposals, range from $12 - $122. While $12 - $122/unit or lot may seem insignificant, the City needs to be concerned with the cumulative effect of fee increases which may add up and impact housing costs. I 447 November 16, 1993 ' RECOMMENDATION To date, there have been two different recommendations provided with respect to Development Review Fee increases. Staff has recommended recovery of 50Y of the costs incurred by CPES departments and divisions (excluding Zoning costs, which are currently funded through Building Permit/Plan Check Fees) and that the Development Review Fees be reviewed on an annual basis and adjusted for inflation and service costs. This recommendation is based on the Council -adopted Fee Policy. At the October 4, 1993 Planning and Zoning Board meeting, the Board voted 4-3 to recommend that the Cost Recovery Level for Development Review Fees be set at 20Y and that fees be based on the "All Costs" category, excluding those departments that are currently charging fees that cover their development -related costs (Parks and Recreation, Stormwater Utility, Water and Wastewater and Zoning). The Board also recommended the following actions be taken: 1. Establish a means of waiving or reducing fees for small scale projects; 2. Fees should be reviewed on an annual basis for inflation, as well as for the costs of providing the service; 3. Data should be recorded on the time actually spent on projects; and 4. The Appeals Fee should be addressed under the same basic philosophy ' (determining costs and establishing level of cost recovery based on who benefits). Staff is seeking direction from Council so that an Ordinance establishing a Development Review Fee Schedule may be prepared for Council consideration." Greg Byrne, Director of Community Planning and Environmental Services, stated the Development Review Fee Schedule is an outgrowth of two documents. He stated the City's Financial Policies call for a Council decision on a percentage of cost recovery through fees imposed on users of certain services that the City provides. He stated the Cost of Development Study reviewed the City's estimated costs for certain typical development review functions. Sherry Albertson -Clark, Chief Planner, stated two focus group meetings took place to discuss a Development Review Fee Schedule, which provided a recommendation that the costs be based on the Community Planning and Environmental Services Department's services with the exception of the Zoning Office. She stated the proposal included a 50 percent cost recovery be attached to the various departments costs for providing development review functions. She stated that recommendation was taken to the Planning and Zoning Board which believed the costs should be based on all departmental costs excluding Zoning, Water and Wastewater, Storm Water Utility, and Parks and Recreation Departments. She stated the Board recommended the cost recovery level should be set at 20 percent and believed the community, rather than the developer, benefits more from the work the City is doing on development applications. She stated the Board also recommended that the appeal's fee be addressed using a similar philosophy. Councilmember McCluskey asked if the sales tax is included into the Fee Schedule and if it is included what impact does it have on the results. M& November 16, 1993 Krcmarik stated that it was not specifically included; however, Mr. Stan Everitt made reference in the materials about the 1992 use tax being over a million ' dollars. He stated it was never factored in because the sales and use tax is distinctly different from the Development Review Fees. Councilmember McCluskey stated asked if the specific sales and use tax on a development could be incorporated into the Development Fees. City Manager Burkett stated it would be a possibility if Council established that as a policy. He stated the impact would be to take that money from other General Fund operations and place it into Development Review. Councilmember Apt asked if the current fees are at the lower end compared to the surrounding areas such as Loveland and Larimer County. Albertson -Clark stated that was correct and the City is accounting for 2 to 11 percent of the actual costs with the current fees. She stated there has not been a fee increase since the early 80's. Councilmember Winokur asked what percent is recovered from the Utility costs in new development. Shannon stated the costs recovered vary from Utility to Utility. He stated for example the Water and Wastewater Department recovers a 100 percent of the front end costs. Councilmember Horak made a motion, seconded by Councilmember Apt, to adopt Resolution 93-179 adding that the Development Review Fee Schedule be based on ' recovery of 100 percent of the costs incurred for development review services by all City departments that provide such service, excluding those that recover such costs through other existing fee structure. Councilmember Janett asked for clarification of the intent to exclude the departments who have existing fee structures. Councilmember Apt asked if the administrative costs are excluded from those fee structures. Councilmember Horak stated the intent of the motion is not to double charge people. Councilmember Kneeland stated she would not support the motion and was concerned if the City would ever have any average income housing. She stated these fees will be eventually passed along to the consumer. Councilmember McCluskey stated he did not agree with the 100 percent figure. If fees are at the bottom of the scale, there should be some middle steps taken before the fees are at the very top of the scale. :Li:] November 16, 1993 ' Councilmember Horak offered an amendment to add a new Section 2 to read that options be explored and presented to Council for its consideration to utilize City use tax revenue to defray the cost of the foregoing development review fees, as well as other City fees, which may be imposed upon affordable housing projects in the City. Councilmember Apt accepted the amendment as a friendly amendment to the original motion. Councilmember McCluskey asked for clarification on the amendment regarding use tax. Councilmember Horak stated the dollars would be moved from the high end housing to help out the affordable housing needs. Councilmember Kneeland stated she would not support the Resolution because homeownership should be for all levels of income. Councilmember McCluskey stated he would not support the Resolution and believed that the figures should.be smaller so the results could be evaluated and increase over time. Councilmember Janett stated she would support the Resolution because of her concern with the affordable housing issues in this community. Councilmember Apt stated he would support the Resolution and believed a public process should take place before the Ordinance implementing the fee schedule is adopted. Mayor Azari stated she would not support the Resolution because it does not support both the public and the developer. Councilmember Winokur stated the Ordinance to implement the fee schedule should identify components of public good. He stated the fee structure should benefit both the public and the developer. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Apt, Horak, Janett, and Winokur. Nays: Azari, Kneeland, and McCluskey. THE MOTION CARRIED. Resolution 93-180 Expressing the City's Position with Regard to the Proposed Seven Utes Ski Resort in Jackson County, Colorado, Adopted Option "A" as Amended The following is staff's memorandum on this item. "EXECUTIVE SUMMARY This Resolution expresses the City's concerns regarding the proposed Seven Utes ' Ski Resort near the town of Gould in Jackson County, Colorado, approximately 80 miles west of Fort Collins. I 450 November 16, 1993 The proposed Seven Utes development would include 600 hotel rooms and 1,450 condominiums on approximately 4200 acres of State trust land. This area contains ' miles of wetlands, is home to many species of wildlife, and is an important scenic and ecological resource. In addition, the City of Fort Collins obtains City water from Cameron Pass in the area of the proposed resort and the acquisition of water rights for this development could impact the City's rights. Further study with regard to this issue is ongoing. It is reasonable to assume that access to the Seven Utes Ski Resort would be through Fort Collins, contributing to traffic congestion. In addition, the resort, which would be developed along State Highway 14, could create land use problems for Larimer County. The State Board of Land Commissioners manages the land where the proposed Seven Utes development would be located. The Board is charged with generating revenue for Colorado schools through management of the land it owns. The resort proposal is expected to generate about $500,000 per year. However, the State would incur expenses upgrading the road for the increased traffic load generated by the resort. The Larimer County Commissioners have adopted a Resolution expressing great concern about the proposed resort. The Natural Resources Advisory Board recommends that Council oppose the resort (Option A). The Legislative Review Committee recommends Option B of the resolution, which expresses the City's concerns about the resort but does not take a position of opposing the resort." Andrea Rieger, Assistant to the Director of Administrative Services, provided ' background information on the various options that are available. She stated the revenue from this proposed development would be approximately $500,000 per year. She stated if a letter of intent is issued from the State Board of Land Commissioners the project must complete several review through various entities. She stated Option A is recommended by the Natural Resources Advisory Board and Option B is recommended by the Legislative Review Committee. Tim Johnson, Natural Resources Advisory Board, urged Council to oppose the proposal because of the review process that the project has been going through. He stated the public was not made aware of the project sufficiently. Councilmember Janett asked why the resort would be contrary to the spirit and intent of GO Colorado. Johnson stated the intent of GO Colorado preserves land such as this for hiking, hunting, backpacking, horseback riding, etc. He stated building such a resort would inhibit such activities. Councilmember Kneeland stated the Legislative Review Committee proposed Option B as a result of the Resolution from the County Commissioners. She believed that as a Council the Seven Utes project should be opposed. Councilmember Kneeland made a motion, seconded by Councilmember Winokur, to adopt Resolution 93-180 Option A adding,"Whereas, the process for reviewing the Resort has failed to provide members of the public and affected government agencies with ' an adequate opportunity for meaningful input to the Board". 451 November 16, 1993 ' Matthew Vonriesen, representative of the Coalition to Save the Colorado State Forest, stated he opposed the Seven Utes project and urged Council to adopt Option A. He stated the process and lack of information distributed was insufficient. Greg Gamble, Poudre Canyon Sierra Club, stated the Club and surrounding residents are opposed to the Seven Utes project. He urged Council to adopt Option A. He stated the traffic impact is a substantial environmental concern for Poudre Canyon. Councilmember Janett stated the amount of traffic that would pass through Fort Collins would have a substantial impact on the city's environment. The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 93-181 Making Findings of Fact Regarding the Appeal of the Planning and Zoning Board Approval with Conditions of the Spring Creek Village Preliminary P.U.D., and Remanding the Matter Back to the Planning and Zoning Board for a New Hearing, Adopted The following is staff's memorandum on this item. "EXECUTIVE SUMMARY The appeal by the affected parties - in- interest was based on the allegations that: The Planning and Zoning Board approval was improper due to inadequate, confusing and improper notices being sent to the parties - in- interest resulting in a failure of the Planning and Zoning Board to hold a fair hearing. The Planning and Zoning Board abused its discretion by making an arbitrary decision to approve Spring Creek Village P.U.D. without the support of competent evidence in the record. The Planning and Zoning Board abused its discretion by making an arbitrary decision to increase the number of unrelated persons who may reside in individual dwelling units pursuant to Ordinance No. 142, 1987 without competent evidence in the record. 452 November 16, 1993 At the November 2, 1993 hearing on this matter, Council considered the testimony of City staff, the appellants, and the applicants of Spring Creek Village Preliminary P.U.D. In subsequent discussion at this hearing, Council determined that the Board failed to conduct a fair hearing on September 27, 1993 because the Board substantially ignored its previously established rules of procedure since the notices provided to the affected parties - in- interest of the September 27, 1993 Planning and Zoning hearing did not afford those parties a reasonable opportunity to be heard." City Attorney Roy stated this Resolution summarizes Council's findings with regard to the appeal. Councilmember Horak made a motion, seconded by Councilmember Kneeland, to adopt Resolution 93-181. Councilmember Winokur asked what changes have been made to the Code with regard to appeals. City Attorney Roy stated the Leadership Team will review the process with regard to several issues related to the appeal procedure. He stated at this time there is no process in place. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 93-182 Authorizing a Waiver from the UGA Public Street Capacity Requirement to Construct Off -Site Street Improvements for Wildflower Ridge Preliminary PUD, Adopted The following is staff's memorandum on this item. "FINANCIAL IMPACT A waiver to the public street capacity requirement results in the payment of a waiver fee of $700 per additional lot for development of this site, for a total of $15,400. "EXECUTIVE SUMMARY This waiver request pertains to the Wildflower Ridge Preliminary PUD, which consists of 23 single family lots (one with an existing residence on it) and two tracts of open space totalling 3.5 acres, on a total of 12.1 acres. The site is located 112 mile west of Taft Hill Road on the south side of County Road 38E. The site is zoned for single-family residential use and presently contains one residence. The site is not eligible for annexation because it does not meet the 116 contiguity requirements. City limits are presently located approximately 114 mile east of the site. 453 November 16, 1993 ' In order for a property to be subdivided in the Urban Growth Area, it must be shown that the property will conform to the UGA Phasing Criteria. Of the four Urban Growth Area Phasing Criteria, the proposed preliminary plan meets the requirements for public water capacity, public sewer capacity, and 116 contiguity to existing development. A waiver is being requested for the requirements for public street capacity. Under the Phasing Criteria for public street capacity, the developer would be responsible for improving Red Fox Road from the site to County Road 38E, to current City iocal street standards, and for improving County Road 38E, an arterial street, from the site to Taft Hill Road. Improvements to Taft Hill Road to the Horsetooth/Taft Hill intersection would also be required. The addition of 22 homes in this area does not warrant the extensive improvements that would be required, given that this area has developed, to a large extent, through the County's Minor Residential Development (MRD) process, which does not require street improvements, and through subdivisions approved before the enactment of the UGA Agreement's development requirements. The intent of the waiver process is to avoid the imposition of unnecessary impediments to in -fill development proposals or sites. In -fill development sites are those in essentially developed portions of the UGA whose impact on existing services and facilities is relatively minimal. In -fill sites are differentiated, in the Larimer County Supplemental Regulations, from sites that require the extension of upgrading of basic infrastructure and other services and facilities, so that the development or use of the site can proceed (which, in the County's Regulations are referred to as "Sequential Development Proposals"). A joint traffic study for this project, and the Fox Hills PUD located to the south, was completed and reviewed by City and County traffic engineers. The study indicates a number of improvements to County Road 38E are needed, including left turn lanes and bicycle lanes, and will be required to protect public health and safety. These will be required as a condition of approval of the subdivision request. The Larimer County Commissioners may waive phasing criteria provided that: 1. The waiver will not result in unplanned public expense for provision of public services, improvements, or facilities; 2. The waiver is consistent with the intent and purpose of the County and adjoining municipality's Comprehensive Plan or Policies; 3. The waiver application contains materials indicating approval may be granted without substantial detriment to the intent and purposes of the Supplementary Regulations which apply to the area; 4. The waiver application contains materials indicating there are exceptional circumstances which apply to the specific piece of property which do not apply generally to the remaining property in the Urban Growth Area; and 5. The waiver application contains material indicating approval would not impair the public health and safety by creating undesirable traffic conditions, unhealthy sanitary conditions or adverse environmental influences in the area. 454 November 16, 1993 This site is considered an in -fill site. The basic infrastructure needed to ' serve the site is in place or planned to be improved (the intersection of County Road 38E and Taft Hill Road will be improved using MPO funds). The waiver will not result in unplanned public expense for provision of public services, improvements, or facilities and is consistent with the intent and purpose of the County and adjoining municipality's Comprehensive Plan or Policies. Staff is recommending approval of the waiver request with the following condition: The waiver fee of $700 per additional lot be collected at the time of .building permit. URBAN GROWTH AREA REVIEW BOARD: The waiver request will be considered by the Urban Growth Area Review Board at its December 1, 1993 meeting." Ken Waido, Chief Planner, stated the waiver request pertains to the Wildflower Ridge Preliminary P.U.D. which is a development proposal in the County. He stated the development consists of 24 units on 12 acres and is located 112 mile west of Taft Hill Road. He stated the intent of the waiver process is to avoid the imposition of unnecessary impediments to infill development proposals or sites. He stated staff recommends approval of the waiver request along with the improvements that are required along County Road 38E. John Barnett, Larimer County Planning Director, recommended Council approve the waiver request. He stated the County has negotiated an agreement with the ' Developer whereby the waiver fees would be paid upfront and the improvements to County Road 38E would be part of the Foxhills' development agreement. Councilmember Janett asked about the plan for accomplishing the street needs for that particular area. Barnett stated the waiver fee is a fee in lieu of constructing the street to urban standards. He stated in this instance most of the subdivisions in the area have either paid the waiver fee or were minor residential developments. Councilmember Janett asked how the overall street improvements would be taken care of over time. Barnett stated the current capacity issues deal primarily with the intersection and the turning movements at that intersection. He stated if further development occurs there would be some money available from the collection of impact fees for additional improvements. He stated the County does not currently have plans to widen the road to full urban standards and does not have the resources to do that. Councilmember Apt asked if the County has any plans to improve the existing streets in that area. Barnett stated the County does not assume maintenance of the minor residential streets that were not constructed up to County urban standards. He stated it may , not be necessary for the City to annex the entire area. 455 November 16, 1993 ' Mayor Azari asked what the benefit would be to the County if there are currently no plans to complete County Road 38E. Barnett responded the intersection of County Road 38E experiences peak hour delays for cars that are trying to turn northbound on Taft Hill Road. He stated the improvements are focused on the intersection of Taft Hill Road and County Road 38E. Councilmember Janett asked what happens if Council did not approve the request for waiver. Barnett stated the intergovernmental agreement provides that the waiver fees apply based on the recommendation of City Council. He stated the County Commissioners have never approved a waiver over the objections of the City Council. Waido stated .the reason Commissioners have not approved a waiver contrary to Council's decision is that prior to 1988, the waiver requests required approval by both Council and the Commissioners. He stated in the amendment to the UGA Agreement in 1988, Council's input into waiver requests was reduced to one of making a recommendation to the County Commissioners; however, the Commissioners hold that recommendation in high regard. Councilmember Kneeland made a motion, seconded by Councilmember McCluskey to adopt Resolution 93-182. ' Ian Peterson, representative for the developers of the project, stated the off - site street improvement waiver is intended to be a phasing criteria established to ensure that urban development occur logically as infrastructural elements were extended to support new development. He believed the traffic capacity on County Road 38E was not an issue. He stated County Road 38E already serves other developments in the urban fringe area. Steve Svan, Fox Hills Developer, stated the traffic study addresses the traffic need to the year 2010 and states County Road 38E will be adequate to handle the traffic flow. He stated Fox Hills is paying for the improvements and adding an additional $700 for an off -side road waiver fee. Councilmember Janett stated she would support the Resolution. She stated she appreciated the developer's intent to offset the impacts of the development on the road. Councilmember Apt stated he would not support the Resolution. He stated there is no long term strategy by the County to resolve the issue of responsibility for the streets. Councilmember Kneeland stated she would support the Resolution because it encourages infill projects. Councilmember Horak stated he would not support the Resolution. He believed this ' was not an infill development. I Mayor Azari stated she would support the Resolution. 'She believed some policies should be developed for the outlying areas for street improvements. 456 November 16, 1993 The vote on Councilmember Kneeland's motion was as follows: Yeas: I Councilmembers Azari, Janett, Kneeland, McCluskey, and Winokur. Nays: Councilmembers Apt and Horak. THE MOTION CARRIED. Other Business Councilmember Winokur made a motion, seconded by Councilmember Janett, to direct the City Manager to review and analyze the four service area director organizational structure and report back with alternatives, findings, and recommendations within 90 days. The vote on Councilmember Winokur's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey, and Winokur. Nays: None. THE MOTION CARRIED. The meeting adjourned at 12:45 a.m. ATTEST: City Clerk `. ayor fl 457