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HomeMy WebLinkAboutMINUTES-03/01/1994-RegularMarch 1, 1994 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday March 1, 1994, at 6:30 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Apt, Azari, Horak, Janett, Kneeland, McCluskey and Smith. Staff Members Present: Burkett, Krajicek, Roy. Citizen Participation Roland Mower, New President of Fort Collins Inc., introduced himself to Council and requested a meeting with Council to discuss his economic development philosophies. Bob Kulovaney, 1317 Hepplewhite Court, commended Council for its work and the direction Council gave staff regarding the recycling program that was proposed by 6th graders of Olander Elementary. Citizen Participation Follow-up ' Councilmember Horak reported staff has recently presented Council with a workplan on the recycling program. Agenda Review City Manager Steve Burkett stated he added an item to the Consent Agenda, Item #24D, Resolution 94-46 Amending Resolution 94-25 Regarding Fort Fund Disbursements, had been added to the Consent Agenda. Adoption of the Consent Agenda will adopt Resolution 94-46. The Resolution recommends funding for the Cinco De Mayo celebration. Gary Thomas, a Fort Collins resident, requested that Item #17, Items Pertaining to the Willow Springs Annexation and Zoning, be withdrawn from the Consent Agenda. Consent Calendar This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off March 1, 1994 the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Agenda Item #26, Pulled Consent Items. 7., Consider Approving the Minutes of the Regular Meeting of January 18, 1994. 8. Items Relating to the Fox Hills Annexation and Zoning. A. Second Reading of Ordinance No. 15, 1994, Annexing 33.17 Acres Known as the Fox Hills Annexation. a Second Reading of Ordinance No. 16, 1994, Zoning 33.17 Acres Known as the Fox Hills Annexation, into the R-F, Foothills Residential, District. On February 15, Council unanimously adopted Resolution 94-24 Setting Forth Findings of Fact and Determinations Regarding the Fox Hills Annexation. On February 15, Council also unanimously adopted Ordinance No. 15, 1994 and Ordinance No. 16,_ 1994 which annex and zone approximately 33.17 acres located west of Taft Hill Road and south of County Road 38E. The requested zoning is the R-F, Foothills Residential, District. The property is presently undeveloped. The property is currently zoned R, Residential in the County. This is a voluntary annexation. APPLICANT: Springfield Subdivision Sixth Filing, Joint Venture c/o Cityscape Urban Design, Inc. 3555 Stanford Road, Suite 105 Ft. Collins, CO 80525 OWNER: Springfield Subdivision Sixth Filing, Joint Venture 213 Smokey Street Ft. Collins, CO 80526 In 1994, Crossroads plans to construct a 4,000 square foot addition to the 5,260 square foot facility presently leased to them by the City for $1 per year. The lease requires the tenant to maintain the property at the sole expense of the tenant, but is silent on how development fees should be addressed, should the building be expanded. This Ordinance, which was unanimously adopted on First Reading on February 15, would appropriate 139 7 L 10. March 1, 1994 $15,000 in development fees since the City owns the property and improvements will become the property of the City. Crossroads has indicated that it is currently not able to pay these development fees with its available funding. This Subdivision was platted in 1954. There is a ten foot easement reserved for utilities between Lots 17 and 18 (five feet on either side). These lots were sold and in the late fifties a house was built between Lots 17 and 18 right over the easement area. The problem did not surface until the present owners were preparing to sell their home. A check has been made with Light and Power and Water Utilities, and there is nothing buried in this easement area. All public and private utilities were notified and asked if they had a need for this easement reservation, and there was no need or interest expressed. This easement needs to be vacated so the homeowners can convey clear title to the new owners. Ordinance No. 18, 1994 was unanimously adopted on First Reading on February 15, 1994. 11. Second Reading of Ordinance No. 19, 1994, Vacating a Portion of Street Right -of -Way for Underhill Drive and Retaining an Easement Interest Therein for Public Access, Utility, and Drainage Purposes. Ordinance No. 19, 1994, which was unanimously adopted on First Reading on February 15, grants a vacation of the excess public street right-of-way for Underhill Drive between the cul-de-sac and the New Mercer Canal. The right-of-way proposed for vacation is no longer necessary to retain for public street purposes; however, the area will be retained as a public access, drainage and utility easement. Since there is a box culvert crossing constructed across the canal, the access easement will allow non - vehicular public access to the open space as well as provide the potential to cross the canal to a parking area should vehicular access be desirable in the future. All public and private utilities, the Poudre Fire Authority, the City Natural Resources Division, and the City Parks and Recreation Department, have been notified of the request and they report no objections to the proposed vacation of right-of-way as long as the entire area is retained for public access, utility, and drainage easement purposes. 140 12. 13. March 1, 1994 ' Since the site is no longer required by the Light and Power Department, it was offered to all other City departments and the Housing Authority in October 1992. No other departments had a use for the property. The site was then posted with a "For Sale" sign. The City received a contract in May of 1993, contingent upon the Purchaser submitting its project to conceptual review. This contract was canceled because the Purchaser failed to submit the project to the Conceptual Review Committee. The Right -of -Way Office has received a new offer for this site. This contract is for $51,750, contingent upon Council approval. The estimated value range of this site is between $50,000 and $51,750. The proposed purchaser is ZTI Development Group, Inc. ZTI has other developments in this area and is planning residential housing for this parcel. Ordinance No. 20, which was unanimously adopted on First Reading on February 15, authorizes the Mayor to execute a Deed of Conveyance for sale of this land to ZTI Development Group, Inc. uon5ervdL1Un. dnu Flew 1L. wuc�. ' A. Second Reading of Ordinance No. 21, 1994, Repealing Chapter 5, Division 2 of the Code of the City of Fort Collins and Adopting the Uniform Building Code 1991 Edition, with Amendments. B. Second Reading of Ordinance No. 22, 1994, Repealing Chapter 5, Article IV, of the Code of the City of Fort Collins and Adopting the Uniform Mechanical Code, 1991 Edition, with Amendments. C. Second Reading of Ordinance No. 23, 1994, Repealing Chapter 5, Article V of the Code of the City of Fort Collins and Adopting the Uniform Plumbing Code 1991 Edition, with Amendments. Second Reading of Ordinance No. 24, 1994, Amending Chapter 5 of the Code of the City of Fort Collins by Adopting Chapter 1, 2, 3, 5 and 6 and Appendix Chapter 4 of the Uniform Code for Building Conservation, 1991 Edition. Second Reading of Ordinance No. 25, 1994, Repealing Chapter 5, Article III of the Code of the City of Fort Collins and Adopting the National Electric Code 1993 Edition, with Amendments. The proposed model codes have undergone extensive review by staff, the Building Review Board (BRB), and the Code Review Committee. After nearly ten months of biweekly code review meetings, the vast majority of the new ' 141 15. March 1, 1994 codes and amendments were endorsed by consensus. However, it was also clear that there would not be consensus on certain issues. This package is the product of the Code Review Committee, staff, and BRB consensus where possible and the staff's best judgement for serving the community interest on those specific issues where consensus could not be achieved. Ordinances 21, 23, 24 and 25, 1994 were unanimously adopted on First Reading on February 15, 1994. Ordinance No. 22, 1994 was unanimously adopted as amended on First Reading on February 15, 1994. In August of 1986, the City issued $36,950,000 of Sewer Revenue Refunding Bonds. These bonds refunded portions of three prior City issues, including the 1981, 1984, and 1985 bonds. All of the prior bonds were defeased by the 1986 bonds. The 1986 Bonds carried a net effective interest rate of 7.27% at the time of issue. A portion of the 1986 bonds were new bond proceeds to finance improvements to the water reclamation treatment facilities. The current market rates would provide a net effective interest rate of approximately 5.10%. The lower interest rate will provide gross debt service savings of over $1.2 million over the remaining life of the bonds. In present value terms, this is a savings of about $800,000. A. Resolution 94-45 Authorizing the City Manager to Execute an Intergovernmental Agreement Between the City and the State Department of Transportation Approving the Law Enforcement Assistance Fund (LEAF) Contract. B. First Reading of Ordinance No. 30, 1994, Appropriating Unanticipated Revenue in the General Fund for the Fort Collins Police Services Substance Abuse Prevention Program. Police Services has been awarded a grant totalling $19,000 from the Colorado Department of Transportation, Office of Transportation Safety for funding a Law Enforcement Assistance Fund project for the prevention of substance abuse. This prevention program will target underage drinking by utilizing student involvement, education, and enforcement. 142 16. March 1, 1994 Program. The 1994 Concrete Improvement Program is the tenth year of an annual program to encourage property owners to construct, repair, replace, and maintain their concrete curb, gutter, and sidewalks. This program is voluntary on the part of the property owners. To encourage participation by property owners, the City splits the cost of the concrete construction with the property owners, hires the contractor, and oversees the construction. In addition to paying 50 percent of the cost of the improvements, the City also pays for the cost of oversizing sidewalks on major streets and the cost of constructing pedestrian ramps at intersections. The City also pays for extending sidewalks across irrigations canals, alleys, and other public property. The process of identifying and meeting with property owners interested in this year's program will begin shortly. At the same time, a contractor will be selected through the competitive bid process. Once bids are received and the prices are set, interested property owners will be given the final estimates of their share of the costs. Property owners who decide to go ahead and participate in the program will then pre -pay the City for their share of the work, and the construction will occur later in the summer/fall. The revenue received from property owners --the pre- ' payments for their share of the work --must be appropriated before it can be expended in this year's construction project. 17., Items Pertaining to the Willow Springs Annexation and Zoning_ A. Public Hearing and Resolution 94-35 Setting Forth Findings of Fact and Determinations Regarding the Willow Springs Annexation. B. Hearing and First Reading of Ordinance No. 32, 1994, Annexing Property Known as the Willow Springs Annexation to the City of Fort Collins, Colorado. C. Hearing and First Reading of Ordinance No. 33, 1994, Amending the Zoning District Map Contained in Chapter 29 of the Code of the City of Fort Collins and Classifying for Zoning Purposes the Property to be Included in the Willow Springs Annexation to the City of Fort Collins, Colorado. This is a request to annex and zone approximately 119 acres located three- quarters of a mile south of Harmony Road on the west side of Timberline Road. The annexation consists of one parcel of land under single 143 1 March 1, 1994 ownership. The property currently contains one farm house with pasture and is zoned FA-1, Farming, in the County. The proposed zoning is R-L-P, Low Density Planned Residential, with a Planned Unit Development (PUD) condition. This is a voluntary annexation. APPLICANT: Trustar, Inc. c/o Jim Sell Design 117 E. Mountain Ave. Fort Collins, Co 80524 OWNER: Lyal Nelson Estate c/o Rodney Nelson Sonja Rose 6312 E. Harmony Road 5429 E. County Rd.#58 Fort Collins, CO 80525 Fort Collins, CO 80524 18. First_Readinq 'of Ordinance No. 34, 1994, Vacating Certain Streets and (Filing One). P.U.D. Huntington Hills, First Phase (also referred to as "Filing One") was originally approved by the Planning and Zoning Board on April 30, 1981. Subsequently, a portion of Filing One was replatted as Huntington Hills, Filing Two and was approved by the Planning and Zoning Board on May 30, 1984. The streets and easements that were dedicated with Huntington Hills Filing Two were intended to supersede those dedicated on the original plat of Huntington Hills, Filing One. However, those streets and easements in Filing One that were within the area replatted by Filing Two have never been vacated. As a result, a cloud exists on the title to many of the lots in Filing Two. Therefore, the developer has requested that the streets and easements as dedicated on the original plat of Huntington Hills Filing One be vacated, except for those not within the boundaries of Filing Two and any streets or easements that overlap with those dedicated on the Filing Two plat. These exceptions and reservations allow the unnecessary portions of the old streets and easements to be vacated while still retaining those streets and easements that were dedicated with Filing Two and those that are necessary to accommodate existing facilities in the portion of Filing One not included in the replat. 19. First Reading of Ordinance No. 35, 1994 Designating the Frank Miller Stagecoach as a Historic Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. The owner of the property, the City of Fort Collins, represented by the Fort Collins Museum, is initiating this request for Local Landmark Designation for the Frank Miller Stagecoach. A public hearing was held by the Landmark Preservation Commission on February 17, 1994 at which time the Commission voted to recommend designation of this property. ' 144 March 1, 1994 Landmark Designation includes designation of significant properties, classified as buildings, structures, objects, sites or districts. The Frank Miller Stagecoach is considered a ".structure," a term which is used to distinguish from buildings those functional constructions made usually for purposes other than creating human shelter. 20. Resolution 94-36 Finding Substantial Compliance and Initiating Annexation Proceedings for the Overland Trail Annexation. 21. The applicant, Frank Vaught of Vaught -Fry Architects, Inc., on behalf of the property owners, Wally Noel and the Fort Collins -Loveland Water District, has submitted a written petition requesting annexation of approximately 282 acres located west of Overland Trail and north of Prospect Road (extended). The proposed Resolution makes a finding that the petition substantially complies with the Municipal Annexation Act, determines that a hearing should be established regarding the annexation, and directs that notice to be given of the hearing. The hearing will be held at the time of first reading of the annexation and zoning ordinances. Not less than thirty days of prior notice is required by Colorado law. Resolution 94-37 Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands for Choices 95 Project - College Avenue/Prospect Road ' Intersection Improvements. The College Avenue/Prospect Road Intersection Improvements - a Choices 95 project - is scheduled for construction this fall. The Choices 95 package of projects was approved by voters in the March 1989 election. The primary focus of this project is to improve traffic flow in this area by adding right and left turn lanes. The completed intersection will have double left turn lanes from College Avenue onto east and west bound Prospect Road, and right turn lanes in the southwest, northwest and northeast corners of the intersection. In order to accomplish this, additional right-of-way is required. This project is currently in the preliminary design phase with construction planned for this fall. In the southeast corner of the site, an additional 12 feet of right-of-way is required. This property is owned by Lewan and Associates. Negotiations for this property have been going on for some time and both parties are hopeful that acquisition will be accomplished by agreement. However, this authorization will allow the City to begin condemnation proceedings if the negotiations underway are not successful. 145 22. This Resolution authorizes the purchase of three 5.1 acres in north Fort Collins to meet multiple acres for public natural areas, and (2) .3 acr Bike/Pedestrian Path Project. *le March 1, 1994 tracts of land totalling City objectives: (1) 4.82 es for the North College This Resolution authorizes the purchase of 7.6 acres of land in north Fort Collins to meet multiple City objectives. Acquisition of 5.8 acres is necessary for construction of the Greenbriar regional detention pond for stormwater management purposes. This project will be designed as a wetland restoration project. Acquisition of the remaining 1.8 acre is proposed by Natural Resources to add additional habitat diversity to enhance the wetland restoration project. 24. The City of Fort Collins Utility Services has used Ireland Technical Services (ITS) for the development and maintenance of landbase since 1988. This project is an ongoing the AutoCad/Atlas intergovernmental cooperative mapping effort between the City and Larimer County that produces an up-to-date basemap used by the County, Water & Wastewater Department, Light and Power Department and other City departments. The availability of consistent and accurate base maps is essential to the delivery of important basic services. The City Planning Department and the County Planning Department are currently in the process of developing a cooperative GIS project. In the future, it is possible that the GIS project may eliminate the need for the work presently performed by ITS. Until such time, the existing cooperative arrangement is the only feasible method available for the sharing of landbase data. 25. Routine Easements. Powerline Easement from Beta Gamma of Kappa Alpha Theta House Corporation, 422 West Laurel, needed to install padmount electric transformer. Monetary consideration: $140. Powerline Easement from Paul R. Goree and R. H. Weber, 614 Lesser Drive, needed to install new streetlight. Monetary consideration: $1. 146 March 1, 1994 C. Powerline Easement from Synod of Colorado, The United Presbyterian Church, in the United States of America, 629 South Howes, needed to underground existing overhead electric services. Monetary consideration: $140. Items on Second Reading were read by title by City Clerk Wanda Krajicek. 8. Items Relating to the Fox Hills Annexation and Zoning. PM 103 11. 12. 13. A. Second Reading of Ordinance No. 15, 1994, Annexing 33.17 Acres Known as the Fox Hills Annexation. B. Second Reading of Ordinance No. 16, 1994, Zoning 33.17 Acres Known as the Fox Hills Annexation, into the R-F, Foothills Residential, District. Second Reading of Ordinance No. 18, 1994, Vacating an Easement for Utilities Between Lots 17 and 18 Reserved on the Plat of South College Heights First Subdivision. ' Second Reading of Ordinance No. 19, 1994, Vacating a Portion of Street Therein for Public Access, Utility, and Drainage Purposes. A. Second Reading of Ordinance No. 21, 1994, Repealing Chapter 5, Division 2 of the Code of the City of Fort Collins and Adopting the Uniform Building Code 1991 Edition, with Amendments. B. Second Reading of Ordinance No. 22, 1994, Repealing Chapter 5, Article IV, of the Code of the City of Fort Collins and Adopting the Uniform Mechanical Code, 1991 Edition, with Amendments. C. Second Reading of Ordinance No. 23, 1994, Repealing Chapter 5, Article V of the Code of the City of Fort Collins and Adopting the Uniform Plumbing Code 1991 Edition, with Amendments. 147 1 March 1, 1994 ' D. Second Reading of Ordinance No. 24, 1994, Amending Chapter 5 of the Code of the City of Fort Collins by Adopting Chapter 1, 2, 3, 5 and 6 and Appendix Chapter 4 of the Uniform Code for Building Conservation, 1991 Edition. E. Second Reading of Ordinance No. 25, 1994, Repealing Chapter 5, Article III of the Code of the City of Fort Collins and Adopting the National Electric Code 1993 Edition, with Amendments. P81A Items on First Reading were read by title by City Clerk Wanda Krajicek. 14. 15. Abuse Prevention Program. 16. First RE Revenue Program. 17. Items Pertaining to the Willow Springs Annexation and Zoning. A. Hearing and First Reading of Ordinance No. 32, 1994, Annexing Property Known as the Willow Springs Annexation to the City of Fort Collins, Colorado. B. Hearing and First Reading of Ordinance No. 33, 1994, Amending the Zoning District Map Contained in Chapter 29 of the Code of the City of Fort Collins and Classifying for Zoning Purposes the Property to be Included in the Willow Springs Annexation to the City of Fort Collins, Colorado. 0 19. 1 148 March 1, 1994 30. Councilmember Horak made a motion, seconded by Councilmember McCluskey, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey and Smith. Nays: None. THE MOTION CARRIED. Items Pertaining to the The following is staff's memorandum on this item. "EXECUTIVE SUMMARY A. Public Hearing and Resolution 94-35 Setting Forth Findings of Fact and Determinations Regarding the Willow Springs Annexation. B. Hearing and First Reading of Ordinance No. 32, 1994, Annexing Property Known as the Willow Springs Annexation to the City of Fort Collins, Colorado. C. Hearing and First Reading of Ordinance No. 33, 1994, Amending the Zoning District Map Contained in Chapter 29 of the Code of the City of Fort Collins and Classifying for Zoning Purposes the Property to be Included in the Willow Springs Annexation to the City of Fort Collins, Colorado. This is a request to annex and zone approximately 119 acres located three- quarters of a mile south of Harmony Road on the west side of Timberline Road. The annexation consists of one parcel of land under single ownership. The property currently contains one farm house with pasture and is zoned FA-1, Farming, in the County. The proposed zoning is R-L-P, Low Density Planned Residential, with a Planned Unit Development (PUD) condition. This is a voluntary annexation. APPLICANT: Trustar, Inc. c/o Jim Sell Design 117 E. Mountain Ave. Fort Collins, Co 80524 OWNER: Lya1 Nelson Estate c/o Rodney Nelson 6312 E. Harmony Road Fort Collins, CO 80525 149 Sonja Rose 5429 E. County Rd.#58 Fort Collins, CO 80524 0 March 1, 1994 IBACKGROUND: The property is located within the Fort Collins Urban Growth Area. According to policies and agreements between the City of Fort Collins and Larimer County contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA, the City will agree to consider annexation of the property in the UGA when the property is eligible for annexation according to State law. One sixth of the property boundary is contiguous to City limits. The property, therefore, is eligible for annexation into the City of Fort Collins. The property is contiguous to City limits along the entire north and west property lines. The property to the north, known as the South Harmony Annexation (406.59 acres), was annexed into the City of Fort Collins in 1985. On the west, the property is bordered by a sliver of land known as the Union Pacific South Fourth Annexation (76.05 acres) annexed into the City in 1988. Just west of this railroad right-of-way is the Keenland Annexation (617.60 acres) which was annexed into the City in 1980. This portion of the Keenland Annexation is Oak Ridge Village P.U.D., Second Filing, a residential project. Another property just west of the railroad right-of-way is the Lyal Nelson Annexation (5.36 acres) annexed in 1989, and currently vacant. The property to be annexed is made up of one parcel under single ownership. The current owners are: Rodney Nelson Sonja Rose 6312 E. Harmony Road 5429 E. County Road #58 Fort Collins, CO 80525 Fort Collins, CO 80524 Zoning The property _is currently zoned FA-1, Farming, in the County. The proposed zoning for this annexation is R-L-P, Low Density Planned Residential, with a PUD condition. The R-L-P District designation is for areas of low density residential development. The property to the north is in the R-L-P, Low Density Residential Zoning District, is in the City, and is vacant. The property to the west is divided between Oak Ridge Village P.U.D. and the Lyal Nelson Annexation (undeveloped). The property to the east is Timber Creek P.U.D. and Stetson Creek P.U.D., two residential filings being part of the Rock Creek Overall Development Plan (1993). The proposed zoning of the Willow Springs property is compatible with the surrounding area. ' 150 March 1, 1994 According to Section 1.3 of the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA: "new residential development in the UGA shall mitigate potential negative impacts on adjacent existing residential development by maintaining the character and density of the existing development along common boundaries. Greater mitigation will be required along simple property boundaries than where major arterial streets separate projects." Additionally, policy #12 of the City of Fort Collins Land Use Policies Plan states: "Urban density residential development usually at three or more units to the acre should be encouraged in the urban growth area." Further, policy #13 of the Land Use Policies Plan states: "Rural density residential development usually at one or less units to the acre shall not be allowed in the urban growth area." The property is located on the fringe of urban development and has rural county development on south and a portion of the east side. Staff is recommending a P.U.D. condition because the property has frontage on an arterial street and has special buffering needs along the railroad tracks, issues , which are more successfully considered by the P.U.D. process rather than the subdivision code. Also, the P.U.D. condition will guarantee a minimum density of three dwelling units per acre. Residential Neighborhood Sign District Staff recommends that this property be included in the Residential Neighborhood Sign District and the map designating this area be amended to reflect this addition. Findings 1. The annexation of this property is consistent with the policies and agreements between Larimer County and the City of Fort Collins as contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA. 2. The area meets all criteria included in State law to qualify for annexation by the City of Fort Collins. 3. On January 18, 1994, City Council considered and passed a resolution setting forth the intent to annex this property and establishing the date of public hearing for the annexation and zoning ordinances. 151 March 1, 1994 ' 4. The requested zoning of R-L-P, Low Density Planned Residential with a P.U.D. condition is.in conformance with the policies of the City's Land Use Policies Plan and the INTERGOVERNMENTAL AGREEMENT, and is compatible with the surrounding zoning districts and existing land uses. STAFF RECOMMENDATION: Staff recommends approval of the annexation and requested zoning. PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board will consider a recommendation at its regular monthly meeting on February 28, 1994. The results of the P & Z Board's action will be forwarded to the City Manager's Office on Tuesday morning." Senior Planner Ted Shepard gave a brief presentation on the item, stated the Planning and Zoning Board voted unanimously to approve the annexation and clarified the annexation complies with the Intergovernmental Agreement with Larimer County. Gary Thomas, 1533 Riveroak Drive, President of Oakridge Homeowners Association, supported the overall concept but expressed concerns regarding the placement of Keenland Drive. He stated residents opposed a road running through their neighborhood and spoke of concerns regarding traffic and property value impacts. Jim Sell, Jim Sell Design representing the applicant, gave a brief history of the project. He spoke of the need to expedite first reading of the ordinance and stated if delayed it would be difficult for the developer in regards to the construction season. He urged Council to adopt the ordinance on first reading. Jerry Dusbabek, 1613 Trailwood Drive, spoke of the need for the road and potential dangers to school children if it were not constructed. Byron Collins, applicant, residing at 6125.Paragon Court, spoke of his planning process and of the potential hardship if the annexation was delayed. Councilmember Janett withdrew from discussion on this item due to a perceived conflict of interest. Councilmember Horak made a motion, seconded by Councilmember McCluskey, to postpone consideration of Resolution 94-35, Hearing and First Reading of Ordinance No. 32, 1994, and Ordinance No. 33, 1994, until March 15. Councilmember Horak spoke of the need for additional time between approval by the Planning and Zoning Board and Council consideration of the item. 1 152 March 1, 1994 Councilmember McCluskey questioned the process stating the Planning and Zoning Board had heard the item only the previous evening. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Kneeland, McCluskey and Smith. Nays: None. (Councilmember Janett withdrawn) THE MOTION CARRIED. Staff Reports City Manager Steve Burkett spoke of,recommendations from the Organizational Task Force, and spoke of a Quint Cities meeting to be held in Greeley on March 9. Councilmember Reports Councilmember Janett gave a brief report on behalf of the Affordable Housing Board. She reported she recently attended a meeting regarding the re -use of Fort Collins High School and spoke of different concepts being explored. She spoke of a report soon to be released by a consultant for the Platte River Power Authority regarding personnel issues related to sexual discrimination and harassment issues, and requested the report be made public. Councilmember Kneeland gave a Health and Safety Committee update, stating the I Committee is currently working on a violence reduction pilot program. She spoke of a recent Corridor Committee meeting stating the report is due in June. Councilmember Apt reported on a recent meeting with the Growth Management Subcommittee and stated a focus group was going to be created with members of the development industry and banking community. Councilmember Horak reported the North Front Range Transportation and Air Quality Task Force would be presenting Council with a draft of the regional transportation plan at the next worksession. He spoke of changes that will be included in the sidewalk improvement program. He commented on the funding process for the Cinco de Mayo celebration and stated all funding will be reviewed by the Cultural Resources Board and Council before a decision is made. Mayor Azari urged everyone to attend the Cinco de Mayo celebration and noted Earth Day is April 25. 153 March 1, 1994 Ordinance No. 26, 1994, Amending the Zoning District of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the The following is staff's memorandum on this item. "EXECUTIVE SUMMARY Ordinance No. 26, 1994, which was adopted 5-1 on February 15, 1994 would rezone approximately 31.12 acres located west of South Shields Street approximately one mile south of Harmony Road and approximately 114 mile west of the southwest corner of South Shields Street and Fossil Creek Drive (extended). The property consists of one parcel of land under single ownership. The existing zoning is T, Transition, a zoning district for properties which are in a transitional stage with regard to ultimate development. The owner has petitioned the City to remove the property from the T Zoning District and place it in the RLP Zoning. District, with a Planned Unit Development (PUD) condition. The applicants propose to develop this property with single family lots at a density of 3 dwelling units per acre. The proposed zoning of RLP is compatible with surrounding zoning and land uses and is in conformance with policies of the City's Land Use Policies Plan and the Intergovernmental Agreement. APPLICANT: Dr. Richard Wuerker c/o Jim Sell Design 117 East Mountain Avenue Fort Collins, CO 80524 OWNER: Dr. Richard Wuerker 363 West Drake Road, Suite 6 Fort Collins, CO 80526" City Planner Kirsten Whetstone gave a brief presentation on the item. Environmental Planner Rob Wilkinson stated staff has begun to look at issues and concerns regarding bald eagles roosting in the area and spoke of information received from the Division of Wildlife. Councilmember Horak made a motion, seconded by Councilmember Kneeland, adopt Ordinance No. 26, 1994, Option B, on Second Reading. City Clerk Wanda Krajicek read the ordinance into the record including the changes made between first and second reading. City Attorney Steve Roy clarified the definition of T-Transition Zone. 1 154 March 1, 1994 Bob Kulovaney, 1317 Hepplewhite Court, spoke in support of the motion. He stated his primary objection was related to neighborhood compatibility and preservation of wildlife habitat and spoke of the importance of keeping the eagles in place. Sandy Robbins, a Fort Collins resident, spoke of density concerns and urged Council to examine the unique situation and allow some type of variance for lower density to preserve the integrity of the neighborhood as well as the wildlife aspects of the Cathy Fromme Prairie. Frank Oldham, 1109 Hepplewhite Court, spoke in support of the motion and expressed concerns regarding the areas wildlife. Mark Schulteiss, 5419 Paradise Lane, representing the Applewood Homeowner's Association, spoke in favor of the motion. Sue Bodo, 816 Hilldale Drive, urged Council to vote in favor of the motion. Ann Young, 3200 Stanford Road, spoke in support of the motion and concurred with previous speakers. Lucia Liley, attorney representing the developer, stated the partnership opposed the proposed ordinance and spoke of the need to examine a letter received by the State Wildlife Division and spoke of the need to conduct further studies on the area due to close proximity of a wildlife area. She stated all issues could be ' addressed during the PUD process and spoke in opposition to a density cap and requested Council consider other options. She suggested a minimum density with a PUD condition be attached and/or a minimum cap of 2.5 units per acre be granted. Ms. Liley responded to Council questions and clarified development of Phases 2 and 3 will begin in about 4 months. Councilmember Kneeland stated she supported the motion and spoke of environmental compatibility. Councilmember Janett supported the motion and spoke of the importance of retaining natural areas within the City. Councilmember Smith opposed the motion, stated he believed in the PUD process and commented the developer was willing to examine other avenues to mitigate specific circumstances. Mayor Azari spoke of the unique circumstances regarding the zoning and thanked the developer for working closely with staff. She commented on the importance of humans harmonizing with nature. 155 March 1, 1994 The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland and McCluskey. Nays: Councilmember Smith. THE MOTION CARRIED. Ordinance No. 36, 1994 Amending Chapter 15 of the City Code Relating to Licenses and Business Regulations, Adopted. The following is staff's memorandum on this item. "FINANCIAL IMPACT The net impact of reducing the number of temporary vendor licenses and increasing the number of concession contracts will increase General Fund revenues by an estimated $2000 to $4000 per year. The impact per location to a temporary vendor (who is not a concessionaire) who is in a set location for a maximum of one year will be $20 per year. For the temporary vendor who locates on private property with a lease longer than one year, the fee is eliminated after the first year. The fee has not been raised since 1986 and the proposed fee reflects the cost of administering the vending program. Since the license is for $10 per month, it will not change the current fee for charitable organizations because none of them street vend for more than 30 days. EXECUTIVE SUMMARY On January 20, Council held an open house to gather input pertaining to the proposed changes in the Temporary Vendors Ordinance. With regard to the proposed changes in the Downtown Plan Area further clarification and detail was requested concerning: 1. The request for proposal (RFP) criteria to be used to select concessionaires, options regarding the weighing of the criteria, and examples. (Attachments 1 and 2) 2. Composition of the concessionaire site selection committee and how input will be gathered on the proposed sites. (Attachment 3) 3. Criteria for site selection. (Attachment 4) 4. Conditions that would be included in the concession agreements or under the rules and regulations to be issued by the Financial Officer. (Attachment 5) 5. Composition of the RFP selection committee. (Attachment 5) This Agenda Item Summary addresses the issues in the downtown area that are listed above. Attachment 6 is the Draft Agenda Item Summary that was prepared prior to the open house. It provides background and explains the proposed 1 156 March 1, 1994 changes. It also includes input that has been obtained, and background on the other options considered. The two summaries were not combined so that specific questions which arose from the open house can be considered separately. The action requested is that the ordinance amending Chapter 15 be approved on first reading. If the proposed methodologies of Attachments I through 6 are acceptable, they will become a part of the process for implementation of the ordinance. BACKGROUND: An RFP is the purchasing method that is often used when the City wishes to procure a type of service. It designates what is requested and what is required. The weighting of the rating criteria emphasizes what is most important in the evaluation of the requested services. An RFP is not a bid and does not require selection of the lowest bidder. Attachment 1 represents the proposed rating criteria and the ratings to be utilized. This is consistent with the criteria discussed at the open house. The emphasis is on experience, compatibility, and quality. Price is relegated to last importance in the criteria. Attachment 2 shows options of weighing and how vendors can score on their written ' RFP's using the proposed criteria. Column A is an example of a temporary vendor with over ten years of experience in the downtown area and meets compatibility and quality ratings of at least three (which is not difficult to attain). Column 8 shows someone that has no experience vending in the downtown area but has documented evidence of prior vending experience and goes all out to get the location including bidding the highest price.' They will not overtake the experienced vendor, as long as the experienced vendor meets the quality and compatibility requirements. It does indicate that someone who has not vended for a long time in the downtown will need to emphasize compatibility, quality, and may need to propose a higher price. Column C and D are examples when price is emphasized over quality and compatibility. This is for comparison purposes. It is not what staff is proposing. It does show that the current experienced downtown vendor would not benefit under this scenario. Column E is an example of using price only as the criteria (a pure bid situation). From the input heard at the open house, the current downtown vendor would be at a disadvantage under this method. 157 J March 1, 1994 tAttachments 3 and 4 are the proposed committee for site location, methodology for obtaining input regarding proposed sites, and preliminary criteria for choosing actual site locations once the input has been obtained. Attachments 5 and 6 are summaries of the mandatory conditions that would apply to the concession agreement or conditions that would be regulations promulgated by the Financial Officer. These were originally mailed to interested parties in October of 1993, and copies were available in subsequent meetings. They contain many of the issues that arose from meetings with temporary vendors, permanent vendors, customers, and other interested parties. They address issues of quality, hours of operations, insurance requirements, the operating spaces, and renewal provisions. It is proposed that the RFP reviewing team be comprised of city staff from Purchasing, Treasury, and Planning, Transportation, or Zoning. Because of concerns about conflicts of interest, it is not proposed that members of the indoor or outdoor vending communities be included on this team. However, the team will obtain input from interested persons concerning the selection of concessionaires. Staff believes all affected parties have heard the full 25-minute presentation or have representatives who have heard it. Therefore, in the interest of time, staff is not proposing to make the long presentation at the Council meeting. Staff will give a short summary so that Council can move to discussion and receive input from the several people who have said they will attend. Staff will mail copies of this summary to all affected parties and those who have expressed interest. If any Councilmember wishes to see the full presentation, there is a tape available of the Finance Committee presentation. Councilmember could view it at their convenience if so. desired." Treasury Administrator Bob Eichem gave a background on this item and spoke of reasons for the proposed changes and options available. He clarified the cost for clean-up after a special event costs about the same amount as a yearly permit for outdoor vendors. He stated the outdoor vendors are not required to participate in clean-up costs after a special event but temporary vendors are. Councilmember Janett spoke of the need to inspect the quality of merchandise. Jane Folsom, representing the Downtown Business Associates, urged Council to move swiftly on the topic as the vendor season is fast approaching. She stated the Association is interested in participating in a selection panel and spoke in support of downtown vendors. Steve Slezak, Chair of the Downtown Development Authority, supported the ordinance and stated street vendors add to the vitality to the downtown area. He stated the ordinance would establish a better relationship between the vendors 1 158 March 1, 1994 and the downtown businesses and would alleviate potential conflict. He asked that the Downtown Development Authority and/or Downtown Business Association be represented on the RFP review committee and to the site and use selection committees. Dick Anderson, Larimer County Facilities Manager, spoke of the importance of citizen input when sites are selected, suggesting sidewalk areas adjacent to government entities not be used for vending. Carolyn Curto, 1208 West Myrtle and vendor for 15 years at the corner of Linden and Mountain, supported the motion and commented the RFP system is an innovative system. She objected to the permit not being transferrable, and presented Council with a petition with over 1,000 signatures in support of her business being grandfathered. Kay Rios, 160 Circle Drive, commended staff for establishing regulations and standards for vendors and stated the RFP structure was an excellent mechanism to deal with the vending situation. She requested that the amount of money charged to the vendor for the permit be given small consideration and stated she did not believe the ability to pay should be a contributing factor due to affecting the ability of the small owner/operator to compete. She stated the application of permitting vendors on the Plaza should be handled by an unbiased City regulated Board. Eric James, a Fort Collins resident, spoke in support of Carolyn Curto's business ' and requested that Council let it remain in Old Town. Ed Stoner, 2236 Apache Court, stated he opposed the motion and spoke of the cost of maintenance in Old Town and the hazards of vendors selling from major corners. He stated he did not think the use was compatible with existing businesses. Jacques Rieux, owner of Stone Lion Bookstore, spoke in support of the motion and the fee structure. Barbara Patrick, business owner in the downtown area, supported the motion and opposed charging Carolyn an additional fee for special events. Bret Hokum, owner of Laura's Snackshop, expressed concerns regarding the type of businesses vending adjacent to his store. Jeff Scheerer, hot dog vendor on Oak Street Plaza, thanked staff and Council for its efforts. He spoke in support of proposal 2 as it relates to cart size, location and compatibility issues raised. He suggested the distance between competing businesses should be examined. Councilmember Kneeland made a motion, seconded by Councilmember Horak, to adopt Ordinance No. 36, 1994 on First Reading. 159 March 1, 1994 Councilmember McCluskey asked if particular concerns were not included in the ordinance how would those issues and concerns be addressed. City Attorney Steve Roy stated amendments could be made to the ordinance prior to its adoption or a request could be made that concerns be addressed between first and second readings to allow staff more time to understand and familiarize themselves with those issues or concerns. Assistant City Attorney Marty Heffernan responded to Council questions and spoke of the covenents which give the Downtown Development Authority the right to regulate vending within the confines of the Plaza. Eichem spoke of the reasons for the permits not being transferrable and stated staff did not believe it would be appropriate for the City to establish a property right for an indefinite period of time for any location. Councilmember McCluskey commended staff for its efforts and suggested adding an additional person representing the Downtown Development Authority to the site committee. Councilmember Smith complimented staff and spoke of concerns regarding review and approval of concessionaire sites. The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey and Smith. Nays: None. THE MOTION CARRIED. Resolution 94-41 Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands for Choices 95 Project - Shields Street Improvements from Prospect Road to Laurel Street, Adopted. The following is staff's memorandum on this item. "FINANCIAL IMPACT Property appraisals indicate that acquisition costs will be covered by available funds, even if condemnation is required. These funds have been appropriated as part of the Choices 95 Project - Shields Street Improvements from Prospect Road to Laurel Street. 1 160 March 1, 1994 EXECUTIVE SUMMARY The construction of the Shields Street Improvements from Prospect to Laurel is scheduled to start on May 30. The scope of the project also includes the north and east legs of the Prospect/Shields Intersection Project. The west leg of this Choices 95 Project was completed with the Prospect Road Improvements. Staff plans to have the street improvements substantially completed by the end of August when the CSU students return, and fully complete by October 31. In order to complete the construction on schedule, the eminent domain process needs to be started on the 30 parcels identified later in this memo. This project is requiring partial takes (acquisition of small amounts of additional right-of-way) from the front of 44 parcels not including Colorado State University. Of the 44 parcels, 30 may require acquisition by use of eminent domain. Staff recommends commencing the eminent domain process on these 30 parcels. The property owners are aware that the City must take this course of action to insure that the project starts on schedule. Staff and the City's agents will continue working with the interested parties. BACKGROUND: Among the Choices 95 projects approved by voters in 1989 was a project to improve ' pedestrian and bicycle facilities on Shields Street between Laurel and Prospect. The Shields Street Improvements meet many of the Transportation Mission Statements' goals and objectives by providing bicycle and pedestrian facilities, by improving traffic capacity, by adding a right turn lane at Elizabeth, Laurel, and Prospect, and by adding a double left turn lane for west bound traffic on Prospect at Shields. The Master Street Plan and the present traffic conditions warrant that Shields be improved as proposed. The conceptual design of the project called for the construction of 10 foot wide combined bicycle/pedestrian paths on each side of the street. Duping the preliminary design phase, it was determined that bicycle and pedestrian needs would be better served by widening Shields to provide on -street bicycle lanes and constructing/widening sidewalks for pedestrians. City Council directed Engineering to make this change in the scope of the project. Many of the residents adjacent to the proposed construction were concerned about the impact of widening Shields. To help mitigate the effects of the construction and protect and enhance the neighborhood, City Council directed the Engineering staff to work with the neighborhood to develop a landscape plan that goes beyond replacing the existing trees and shrubs removed to widen the roadway. Staff and a neighborhood committee developed an overall landscape plan last fall. The cost of the enhanced landscaping proposed for the project is approximately $200,000. 161 March 1, 1994 Based on that overall landscape plan, staff has been pursuing the acquisition of the rights -of -way needed to construct the bicycle and pedestrian improvements. In acquiring the necessary rights -of -way, the City is offering to pay for the required right-of-way and easements at values based on individual appraisals and negotiations. The City is also offering to pay for any damages to the remainder of the property (damages such as loss of value or use), again based on the appraisals and negotiations. The City is also offering to pay for the enhanced landscaping package in accordance with the approved landscape plan at no cost to the property owner. Staff and/or the landscape and ROW consultants have met with the affected property owners for the purpose of fine tuning the landscaping plans and resolving any questions about land values. Of the 44 parcels involved, agreements have been reached on 6 of these parcels. Agreements on several other parcels are close to completion, and staff expects negotiations with these property owners will be successfully concluded in the next few weeks. While it is likely that most of the ROW will be acquired through negotiated settlement, it is possible that some ROW will have to be acquired by eminent domain. Based on the anticipated start date for construction this summer and the amount of time required for eminent domain proceedings, it is necessary to begin the eminent domain process. The City has made final offers on all of the parcels at this point. The property owners were asked to respond to these final offers ' no later than February 28. City Council is being asked to authorize eminent domain proceedings for those parcels which have not been acquired by that date. This action is not unusual in the process of acquiring ROW for street projects and is necessary to maintain the project schedule. Staff and its agents will continue to work with the property owners who have not settled by February 28. At this time the following property owners have not signed agreements: South Shields Street - West Side 1515 - Richard and Darlene Franz 1509 - Joyce T. Hinnant 1505 - Michael and Catherine Byrne 1501 - Harold E. and Phyllis C. Worth 1417 - Emil and Eleanor Olander 1321 - Klaus D and Wanda Hoffmann 1215 - Gene E. and Marilynn Fischer 1211 - Gene E. and Marilynn Fischer 1207 - Saeeda and.lgba7 Hamid 1201 - David B. and Deborah J. George 1125 - Alden T. Hill, Alden V. Hill and Ann Deseran 1109 - Tacianna Van Erven 1103 - Karl E. Carson and Deryl D. Swanbom 1015 - Glen J. and Nancy L. Werth 829 - M. David and Leann G. Massey 805 - Lutheran Student Foundation of Colorado ' 162 March 1, 1994 801 - USAG Capital and Leasing, Inc. 733 - Tau of Gamma Phi Beta Sorority, Inc. 729 - Epsilon Beta House - Kappa Kappa Gamma Fraternity 705 - Alpha Gamma Rho Chapter House Loan Fund West Elizabeth Street 1101 - Nicol Campus West 1104 - Campus West Limited Liability Company West Plum Street 1113 - James R. Smith West Prospect Road - North Side 1032 - John L. and Yvonne S. Ewan 1000 Freeman M. and Emily M. Smith South Shields Street - East Side 1504 - Howard W. and Myra B. Coffman Vacant- Howard W. and Myra B. Coffman 1410 - Roger M. and Chante7 M. Gallet 1400 - Clinton Howard and Lillian Quine Wasser SUMMARY Staff recommends commencing the eminent domain process on the 30 parcels listed above. These property owners have been informed by letter that the City must take this course of action to insure that the project starts on schedule. Staff and its agents will continue working with the interested parties." Civil Engineer II Mark Sears gave a brief background presentation on this item and stated the resolution only pertains to the right-of-way acquisition process. Councilmember Horak made a motion, seconded by Councilmember Kneeland, to adopt Resolution 94-41. Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey and Smith. Nays: None. THE MOTION CARRIED. 163 March 1, 1994 ' Resolution 94-42 Authorizing the Mayor to Submit to the Department of Housing and Urban Development a Notification of Intent for the City of Fort Collins to Become a "Participating Jurisdiction" in the HOME Program, Adopted. The following is staff's memorandum on this item. "EXECUTIVE SUMMARY The Department of Housing and Urban Development (HUD) has issued a notice to the City of Fort Collins announcing a formula allocation of $425,000 of FY 1994 HOME Investment Partnerships Program funds. HOME Program regulations require the City to establ ish a total program budget of $500,000 and either provide the difference between the allocation amount and the required program total, i.e., $75,000, or the State may provide the shortfall from its HOME allocation. The Colorado Division of Housing has agreed to provide the required $75,000 difference to bring the program total to $500,000. The City has until March 2, 1994, to submit to HUD a notification of intent to participate in the HOME Program. HOME funds can assist in a variety of affordable housing programs and projects including: 1. First-time Homebuyer Programs 2. Rental Housing 3. Home Owner Rehabilitation 4. Tenant Based Rental Assistance Currently, agencies and individuals desiring to utilize HOME funds for affordable housing purposes are required to submit an application to the Colorado Division of Housing. The City's participation in the HOME Program will allow for funding decisions to be made at the local level, specifically by the City Council. Designation as a participating jurisdiction in the HOME Program is similar to being an entitlement community in the CDBG Program, that is, the City will continue to receive an allocation of HOME funds in future years provided Congress reauthorizes and funds the program. A preliminary figure of about $325,000 will likely become available to the City for FY 1995. There will be no requirement for the City or the State to provide additional funds to make a total program budget of $500,000 next year. BACKGROUND: On December 14, 1993, City staff received preliminary notification from the Denver Regional Office of HUD, indicating that the City of Fort Collins will be 1 164 March 1, 1994 ' asked to become a "participating jurisdiction" in the HOME Investment Partnerships Program.. The HOME program was authorized by the National Affordable Housing Act, to provide funds for a variety of housing related activities including acquisition, rehabilitation, new construction, tenant based assistance, home buyer assistance, planning, and support services. The City's preliminary funding level was estimated to be $425,000 and should become available in April or May of 1994. The January 31, 1994, Federal Register contains the official notice of formula allocations for the HOME Program and includes a $425,000 allocation to the City of Fort Collins. The City, if it desires to receive HOME funds, is required to submit a notification of intent to participate in the HOME program, as a Participating Jurisdiction, not later than March 2, 1994. Presented below is information regarding the City's participation in the HOME Program. Each section starts with a brief summary of important information for the section. Funding Sources: Summary: $425,000 HOME grant from HUD 75,000 HOME fund transfer from the Colorado Division of Housing $500,000 Threshold required for designation as a Participating Jurisdiction An amount of $425,000 of FY 1994 funds from the Department of Housing and Urban Development will be allocated to the City of Fort Collins. HOME Program regulations require the City to establish a total program budget of $500,000 and either for the City to provide the difference between the allocation amount and the required program total, i.e., $75,000, or the State may provide the shortfall from its HOME allocation. The Colorado Division of Housing has agreed to provide the required $75,000 difference to bring program total to $500,000. Funding Utilization and Requirements: Summary: 15Y - Set -aside for CHDO programs/projects (required 5Y - CHDO operations (administration) 10% - Administration 70Y-85Y - Program/project activities HOME funds can be used for a variety of housing related activities. Federal regulations require the City to set -aside a minimum of 15% ($75,000) for ' 165 March 1, 1994 programs/projects to be undertaken by Community Housing Development Organizations (CHDO). HOME regulations specify the requirements for the creation of a CHDO. At the present time, Community Affordable Residence Enterprises (CARE Housing), Inc., has met the requirements to be designated as a CHDO. Another entity attempting to meet the requirements is The Resource Assistance Center for Non - Profits (TRAC). An additional 5Y ($25,000) can be utilized for CHDO operations (administration). The City is also allowed to utilize l0Y ($50,000) for its own program administration purposes. Based on conversations with Denver HUD officials, as well as other cities and agencies which have received.HOME funds, the HOME Program is labor intensive in administrative demands. The City will likely need to add a full time person (1.0 FTE) to administer the HOME Program. An additional part-time secretary to provide support to the program will also be required. Current Planning Department staff could not absorb the HOME administrative work load without major revisions to the Department's work program. Matching Requirements: Summary: 30Y match required for new construction projects ' 25% match required for all other programs/projects No match required for: 1. Administration 2. CHDO set -aside (required 3. CHDO operations HOME funds for projects must be matched with local, non -Federal, funds. Unlike some other Federal programs, CDBG funds can not be used to provide the local match for the HOME Program. The amount of match required is based on the activities undertaken. If the City only deducted the required 15% CHDO set -aside from the $500,000 program total and the balance of the $425,000 were all used for new construction purposes, a 30% match, or $127,500, would be required to come from local sources. This would represent the "worse case" match scenario. On the other hand, if the City deducted the 15% CHDO set -aside, utilized 10Y for administrative purposes, provided 5% for CHDO operations from the $500,000 program total, and utilized the balance of the $350,000 for activities excluding new construction, a 25Y match, or $87,500, would be required to come from local sources. This represents the lowest case match scenario. The City can require applicants for its HOME funds to provide the required local match for their projects. However, the applicants most likely to apply for the City's HOME funds do not have large capital reserve resources so they would ' likely make requests to the City to provide matching funds from the City's 166 March 1, 1994 1 Affordable Housing Reserve (balance of $250,000 at year-end 1993). Eligible Program/Proiect Activities: Summary: First-time Homebuyer Programs Rental Housing Home Owner Rehabilitation Tenant Based Rental Assistance First-time homebuyer programs can provide assistance for property acquisition, acquisition with rehabilitation, new construction, down payment/closing cost assistance, deferred payment or grant financing, and pre -paid interest subsidy to lender (buy -downs). There are some limitations on acquisition costs which state the property can not exceed 95Y of median area purchase price as determined by HUD. Also, the homeowner must occupy property for 15 years (20 years if new construction). There are also several resale restrictions. Rental housing projects can include new construction and substantial rehabilitation. Assistance can be given for development hard costs, acquisition costs, related soft costs, and relocation costs. Rents in a project must remain affordable for 20 years. Rents are also controlled, in that, BOY of the units are allowed to be rented at the defined "high" HOME rates, while the remaining 20Y of the units must be rented at defined "low" HOME rates. ' Homeowner rehabilitation projects can utilize HOME funds for hard costs, demolition costs, site improvements, and related soft costs. A minimum amount of $1,000 per unit must be spent and structures must be brought up to Federal Housing Quality Standards (HQS) at a minimum, the City's code may require additional work. Funding can be provided in two forms of assistance, loans or grants. If the City participates in the Larimer Home Improvement program, the City may need to limit the amount of its Participating Jurisdiction HOME funds that will be used for owner rehabilitation projects. The limitation is a condition of approval of the Larimer Home Improvement Program by the Colorado Division of Housing. Tenant -based rental assistance through the HOME Program essentially allows the City to establish its own "mini" Section 8 rental subsidy program. Eligible expenditures include the payment of security deposits (either by a loan or grant) and rent assistance payments. Summary The City's involvement with HOME funds as a participating jurisdiction means additional funds will become available to help in the implementation of the ' 167 March 1, 1994 ' City's affordable housing policy and the goals and priorities established in the City's CHAS. The City's affordable housing policy indicates one of the appropriate roles for the City regarding affordable housing is to "act as an agent for Federal and State funds for housing programs and projects" and "provide a mechanism, or source, for matching Federal and State funding programs." The HOME Program is labor intensive in administrative demands. The City would likely need a full time person (1.0 FTE), and a part-time secretary, to administer the HOME Program. These positions will be funded out of the 10% allowable for administrative purposes. The following is a review of the process to establish the City as a Participation Jurisdiction within the HOME Program: 1. The City received notification from HUD concerning participation in the HOME Program on February 2, 1994. 2. The City has thirty (30) days to send HUD a confirmation accepting participation in the program - deadline March 2, 1994. 3. HUD will then officially designate the City as a "Participating Jurisdiction" in the HOME Program. 4. The City will then have forty-five (45) days after designation to prepare a "Program Description" identifying the estimated use of HOME funds for the following categories: New Construction; Substantial Rehab; Moderate Rehab; Tenant Based Rental; Acquisition; and 1st Time Homebuyer Assistance. AFFORDABLE HOUSING BOARD RECOMMENDATION The Affordable Housing Board, at its regular monthly meeting on February 10, 1994, voted to recommend that the City Council agree to accept HUD's invitation to become a participating jurisdiction in the HOME Program. CDBG COMMISSION RECOMMENDATION The CDBG Commission, at its regular monthly meeting on February 10, 1994, voted to recommend that the City Council agree to accept HUD's invitation to become a participating jurisdiction in the HOME Program. The Commission also indicated a willingness to become the reviewing body for HOME applications and the making of recommendations to the City Council for the allocation of HOME funds." Chief Planner Ken Waido gave a staff presentation on this item and reported on what other cities have done with HOME funds. Councilmember Horak made a motion, seconded by Councilmember Smith, to adopt Resolution 94-42. 1 168 March 1, 1994 , Waido stated the item has been reviewed by the Affordable Housing Board and the Community Block Grant Commission and stated recommendations will be forwarded to Council. He stated the CDBG indicated it would review the applicants prior to making a recommendation regarding projects that should receive an allocation. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey and Smith. Nays: None. THE MOTION CARRIED. Resolution 94-43 Authorizing the Mayor to Enter into an Intergovernmental Agreement with the City of Loveland and Larimer County for the Larimer Home Improvement Program, Adopted. The following is staff's memorandum on this item. "EXECUTIVE SUMMARY The State Division of Housing has offered an opportunity to the City of Fort Collins, the City of Loveland, the Loveland Housing Authority, the Fort Collins Housing Authority and Larimer County to request approximately $350,000 in State ' of Colorado Small Cities Community Development Block Grant funds and federal HOME Program funds for an on -going, county -wide housing rehabilitation program. The purpose of the program is to exclusively provide housing rehabilitation loans to qualifying, low income households that would be unable to afford major home repairs. This program will enable Fort Collins to do more in preserving its existing housing stock. Representatives from all three entities have met during the past three months to outline a program and establish a structure for the use of the funds. Three sub- committees were formed, (Planning and Program, Loan Parameters and Project Ranking), and have taken time to work out the details of the program. The federal HOME Program requires 25% in matching dollars from the receiving entities. In order to meet this goal, each organization must pledge funds to contribute to the match. The City would need to come up with $22,500 of local funds which would enable the City to provide housing rehabilitation to 11 low- income families (assuming an average of $13,500 per home). The match cannot come from other federal programs, such as the City's CDBG grant. The Affordable Housing Board is looking at the Affordable Housing Fund as a way of funding this match and will report back to the City Council on its recommendation. The Affordable Housing Board initially anticipated making a recommendation to the Council at its meeting held on February 10. Due to the length of the Board's agenda, the item was rescheduled for discussion on February 24, at which time the Board will make a recommendation. 169 March 1, 1994 ' The amount of 100 000 was appropriated in the 1994 Budget for affordable housing $9 9 projects. This is a potential source of funding for the $22,500 match. Council is also considering an ordinance which would appropriate an additional $133,000 into the affordable housing budget line item. The Housing Authority of the City of Loveland has agreed to be the managing organization for the county -wide program. The agency has coordinated and chaired all of the various meetings, has met with appropriate staff members from each entity, and has prepared an application to be submitted to the State Division of Housing for the grant funds. The Fort Collins Housing Authority participated in the development of the Program and decided not to become the lead administrative agency. Funds for the rehabilitation program will be managed and received by the Housing Authority of the City of Loveland. None of the program funds will be sent directly to the three entities. This is an exciting opportunity for the City of Fort Collins and the entire Larimer County area. The State has indicated its commitment to provide on -going funding for this rehabilitation program until it is self-perpetuating, approximately ten years. The Housing Authority of the City of Loveland has been recognized by the State Division of Housing as an effective and responsible manager of state and federal funds, as well as an effective provider of housing rehabilitation services in this area. Fort Collins' low-income citizens and housing stock will benefit from the program. ' In order to proceed with the grant application, an Intergovernmental Agreement between the three entities must be signed. Accordingly, staff is requesting that the Mayor be authorized to enter into an Intergovernmental Agreement with the City of Loveland and Larimer County for this purpose." Chief Planner Ken Waido gave a brief staff presentation on this item. Councilmember Horak made a motion, seconded by Councilmember McCluskey, to adopt Resolution 94-43. Councilmember Janett stated there was discussion that the City of Loveland would administer the program rather than Larimer County. She spoke of concerns regarding rehabilitation market. Waido clarified HOME funds have to be used within a two year period. Councilmember Horak supported the motion but did not support the recommendation that funding be used from the Housing Trust Fund since rules regarding funding have not been established. The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey and Smith. Nays: None. THE MOTION CARRIED. 1 170 March 1, 1994 Resolution 94-44 Making Board and Commission Liaison Assignments and Committee Appointments. Adopted. The following is staff's memorandum on this item. "EXECUTIVE SUMMARY The resignation of Councilmember Bob Winokur on January 4, 1994 created a Council vacancy in District 2. Council recently appointed Will Smith to fill the District 2 vacancy. Mr. Winokur's resignation also left several vacancies in board and commission liaison assignments and committee appointments. Mr. Winokur held the following assignments: Election Board liaison Liquor/Massage Licensing Authority liaison Senior Advisory Board liaison Finance Committee member Governance Committee member At its January 18, 1994 meeting, Council appointment Councilmember Bob McCloskey to fill the vacancy on the Finance Committee. ' This Resolution provides for appointments to fill the remaining vacancies." Councilmember Smith stated it would be difficult for him to attend meetings in the middle of the day due to his mode of transportation. Mayor Azari clarified the Senior Advisory Board meets during the day. Councilmember McCluskey made a motion, seconded by Councilmember Horak, to adopt Resolution 94-44 inserting the name of Will Smith as liasion to the Election Board and the Liquor Licensing/Massage Therapy Authority, and as a member of the Council Governance Committee, and Gerry Horak as liaison to the Senior Advisory Board. Yeas: Councilmembers Apt, Azari, Horak, Janett, Kneeland, McCluskey and Smith. Nays: None. II:IaSIdati]itil:.4 Other Business Councilmember Apt spoke of the importance of Cinco de Mayo celebration and stated it is a great opportunity to promote cultural diversity. Councilmember Horak spoke of the need to review charges for planning documents. ' 171 March 1, 1994 Councilmember Janett stated she has requested planning documents be available for review in the Library due to its longer hours. Ad.iournment The meeting adjourned at 10:35 p.m. Mayor City Clerk 172