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HomeMy WebLinkAboutMINUTES-09/17/1996-RegularSeptember 17, 1996 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:30 p.m. A regular meetirig of the Council of the City of Fort Collins was held on Tuesday, September 17, 1996, at 6:30 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Councilmembers Absent: Apt. Staff Members Present: Fischbach, Roy, Krajicek. Citizen Participation Angela Nicely, Trilby Mobile Home Park #40A, requested her father, Mike Nicely, be able to use her 5 minutes during Citizen Participation. Mike Nicely, Trilby Mobile Home Park #40A, spoke of the Pioneer Mobile Home Park relocation efforts and the amount of money used for relocation, and spoke of the remaining CDBG funds available for TRAC housing. He commented on how proud he was of the residents for their dignity and self control, and thanked staff and Council for its assistance. Yolanda C. Nicely, Trilby Mobile Home Park #40A, spoke of constitutional and property right issues and concerns. She spoke of inevitability of development and how it impacts the community. Pat O'Donnell, 2604 South Taft Hill Road, spoke of construction concerns stating he does not believe the City has addressed his issues adequately and stated access to staff and Council has been impossible to gain. He stated he has not been given choices regarding land zoning and access issues. Bob O'Rourke, 3809 Crescent Drive, spoke of concerns regarding wildlife and wildlife habitat issues within the Urban Growth Area. He believed that ecological issues, where development is concerned. historically have not been considered. He stated he has been an observer of the Natural Resources Raptor Center and spoke of the need to preserve wildlife habitat. He stated developers have not been taking responsibility for their part in destroying wildlife habitat and recommended Council adopt a resolution directing staff to create a comprehensive regulation and mitigation plan for wildlife and wildlife habitat and provide for the ability to enforce environmental regulations set forth in the planning stages. 14 September 17, 1996 Al Baccili, 520 Galaxy Court, expressed his unhappiness with relocating residents of Pioneer Mobile Home Park, and voiced his opposition that vendor fees are not being refunded to residents. Citizen Participation Follow-up Councilmember McCluskey thanked Mike Nicely for his hard work and efforts in working with Pioneer residents and stated he was interested in knowing what the remaining CDBG funds would be used for. He spoke in support of revenue retention issues and putting the issue to the voters. He stated negotiation of land -use issues should not be settled by Council noting issues of this type are to be addressed by the City Manager. Councilmember Janett thanked everyone for their efforts in working with Pioneer residents and stated Council is looking at creating policies regarding relocation. She responded to Mr. O'Donnell noting medians included in the Drake Road and Taft Hill Road project originated from Council direction and spoke of the need for additional medians throughout the community. She responded to Mr. O'Rourke's concerns regarding enforcement of rules and regulations concerning wildlife and wildlife habitat. Councilmember Kneeland responded to Mr. O'Donnell stating the City is currently negotiating median issues. Mayor Azari thanked everyone for their hard work regarding Pioneer Mobile Home Park relocation. She spoke of Mr. O'Donnell's requested information regarding comments made by Mr. O'Donnell regarding his retention of an attorney and land -use issues. She spoke of the need to address wildlife habitat and protection efforts. Agenda Review City Manager John Fischbach reported that Item #11, Second Reading of Ordinance No. 117, 1996, Combining the City's Stonn Drainage Board and the Water Board into One Board and Nanning That Board the Water Utilities Board, had been revised and the change was included in Council's "Read Before the Meeting" packet. 'CONSENT CALENDAR... This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar by the Public will be considered separately under Agenda Item #24, Public Pulled Consent Items. IR September 17, 1996 7. Second Reading of Ordinance No. 113, 1996, Authorizing a Mail Ballot Election for the Anril 8. 1997 Regular City Election. Ordinance No. 113, 1996, which was unanimously adopted on First Reading on September 3, 1996, authorizes conducting the April 8, 1997 regular municipal election by mail ballot, adopt the portion of the Uniform Election Code governing mail ballot elections, authorize the City Clerk to submit a mail ballot plan to the Secretary of State, and establish the polling place for in -person voting for the April election. 8. Second Reading of Ordinance No. 114, 1996, Amending Section 7-127 of the City Code Pertaining to Campaign Contribution Limits, Ordinance No. 114, 1996, was unanimously adopted on September 3, 1996, and amends the section of the City Code which imposes a fifty dollar ($50) campaign contribution limit. More particularly, the amendment changes the wording of the exemption for so-called "independent expenditures" and add certain definitions. The amended language continues to limit contributions made to a candidate or an authorized political committee of the candidate and it would clarify that the limitation applies whether such contribution is made directly or indirectly. It also extends the limitation to loans, unless those loans are personally guaranteed or secured by real property owned by the candidate, or by his or her family or business. As to independent expenditures, it clarifies that even if such expenditures are made with the prior knowledge of the candidate, they are subject to the limitation only if they are made in concert with, or at the request or suggestion of, the candidate, the candidate's political committee, or an agent of the candidate. 9. Second Reading of Ordinance No. 115. 1996, Authorizing the City to Grant a Non -Exclusive Easement for Underground Cable in Favor of U.S. West and Poudre Valley Rural Electric Association ("REA"). Both U.S. West and REA have an existing easement in West Harmony Road near Shields Street. In this area, Harmony Road is being widened and, as a result, U.S. West and REA need to relocate their facilities in this area. The City owns Tract "D" of Coventry Subdivision, Filing No. 1, which is adjacent to Harmony Road and Crest Road. The relocation of underground cable by US West and REA needs to be placed in the northerly 15 feet of Tract "D". This Ordinance was unanimously adopted on First Reading on September 3, 1996. 10. Second Reading of Ordinance No 116, 1996, Designating the Fort Collins Museum's 1936 Model 221 D Diamond T Aerial Ladder Fire Truck as a Local Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins IM September 17, 1996 Ordinance No. 116, 1996, which was unanimously adopted on First Reading on September 3, 1996, designates the Fort Collins Museum's 1936 Model 221 D Diamond T Aerial Ladder Fire Truck. The vehicle is important for its historical significance, in that it is associated with significant events and historic trends in the history of Fort Collins. 11. Second Reading of Ordinance No 117, 1996 Combiningthe e City's Storm Drainage Board and the Water Board into One Board and Naming That Board the Water Utilities Board. Ordinance No. 117, 1996, which was unanimously adopted on First Reading on September 3, 1996, consolidates the Water Board and Storm Drainage Board into a new Water Utilities Board with the same duties previously assigned to the Water Board and Storm Drainage Board. The new board initially consists of the existing seven members of the Storm Drainage Board and the eleven members of the Water Board. However, the ultimate membership on the new board would be eleven members. It is expected that through attrition the number of board members would be reduced to eleven within the next few years. Anew Section t8 has been added to the Ordinance between first and second reading to clarify that the term limitation of three consecutive terms for Water Utilities Board Members will commence with the initial term that the members served on the Water Board or the Storm Drainage Board. 12. Second Reading of Ordinance No 118. 1996 Authorizingthe e City to Grant a Non -Exclusive Sanitary Sewer Easement to Dana Shirk. The City of Fort Collins purchased a vacant tract of land in 1990 as part of the Stuart/Stover Storm Drainage and Bridge Project. Dana Shirk has purchased the adjacent vacant property and is developing the Great Dane Minor Subdivision. It is necessary to cross the City -owned property to access the sewer main, as there is no reasonable alternative means for completing the sanitary sewer improvements. Ordinance No. 118, 1996, which was unanimously adopted on First Reading on September 3, 1996, approves granting Dana Shirk a non- exclusive easement. 13. Second Reading of Ordinance No 120 1996 Adopting and Determining the Effective Date for the District -Precinct M I2 for the 1997 Regular Municipal Election The City Charter requires that the Council District boundaries be drawn every two years. Redistricting must be completed at least six months before each biennial regular election, and the deadline for redistricting for the April 8, 1997 City election is October 10, 1996. This Ordinance, which was unanimously adopted on First Reading on September 3, 1996, meets the October deadline and approves the 1997 District -Precinct Map. The map would also apply to any special election held during this period of time. 17 September 17, 1996 In addition to adopting the 1997 map, the ordinance specifies that the 1997 District boundaries will be used to determine the residency qualification for any applicants for Council District vacancies occurring after the effective date of the ordinance and prior to the adoption of a District -Precinct Map for the next regular election. 14. First Reading of Ordinance No. 119, 1996, Authorizing the Purchasing Agent to Enter into an Agreement for the Lease -Purchase Financing of Vehicles and Equipment. This Ordinance will authorize the Purchasing Agent to enter into a lease -purchase financing agreement with Koch Financial Corporation at 5.79% interest rate, for the purchase of required vehicles and equipment. The agreement shall be for an original term of one year from the execution date of the agreements. Total lease -purchase payments shall not exceed amounts already appropriated for 1997. The agreement provides for renewable one-year terms thereafter, subject to annual appropriation of funds needed for lease payments. The payment schedule will provide for full payment of the amount associated with each leased item within the estimated useful life of that item. This lease -purchase financing is consistent with the financial policies of the City of Fort Collins. 15. First Reading of Ordinance No. 121, 1996, Designating the Dealy/Good House, 223 South Howes Street, as a Local Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. The owners of the property, Andy Miscio and Ray Gile, are initiating this request for Local Landmark designation for the Dealy/Good House, 223 South Howes Street. The building is significant for its architectural importance, and is an outstanding example of the Craftsman bungalow style of architecture. 16. First Reading of Ordinance No. 122, 1996, Amending Chapter 29 of the Code of the City of Fort Collins Pertaining to the Zoning and Use of Wireless Telecommunication Services Facilities and Equipment. Council adopted a Telecommunications Policy in April, 1996. The Policy directed staff to establish zoning requirements and siting standards for above ground telecommunications transceiver structures such as antenna towers and satellite dishes. Providers of wireless telecommunication services ("WTS") are beginning to contact the City in preparation for offering these services to the community. In order to manage the placement, appearance and safety features of WTS facilities and equipment, the Zoning Code must be amended. 17. First Reading of Ordinance No 123, 1996, Appropriating Unanticipated Revenue and Prior Year Reserves in the Transportation Fund for Construction of the First Segment of the Harmony Road Bikeway Project 11M September 17, 1996 At its August 20, 1996 meeting, the Council adopted Resolution 96-95 which authorized the Mayor to execute a grant agreement with CDOT to build the Harmony Road Bikeway project. In order to award construction contracts in October the related grant funds must be appropriated as soon as possible. 18. Items Relating to a Colorado Department of Education Teens and Technology Grant for Library Services. A. Resolution 96-103 Authorizing the Mayor to Enter into a Teens and Technology Grant Agreement with the Colorado Department of Education. B. First Reading of Ordinance No. 124, 1996, Appropriating Unanticipated Revenue in the General Fund for Library Services. The Fort Collins Teens and Technology Project is a unique program targeting teens for library use through their interest in technology. It provides an avenue to teach teens to be discriminating consumers of information, at the same time allowing their creative talents to flourish in the library atmosphere: Setting up their own teen home page, developing on-line book reviews, setting up their own peer training program as well as gaining instruction on libraries and technology. The project expands their training abilities to their families through the library and their peers through the technological link with the Youth Activity Center. The Fort Collins Teens and Technology Project bridges the gap between libraries and teen; between teens who are comfortable with technology and those who are not; between teens and parents. Specifically, the Teens and Technology Project grant will fund additional library materials and equipment, such as paperback books and related shelving, and new computer equipment and software. Staff are pleased to collaborate with the Youth Activity Center staff and the Youth Advisory Board to provide another dimension to youth services and reach out to teens and their families who are not regular library users. A browsing book collection of titles especially selected for teens will be added at the Youth Activity Center. 19. Items Relating to Larimer Home Improvement Program. A. Resolution 96-104 Authorizing the Mayor to Endorse the City's Participation in the Larimer Home Improvement Program (LHIP) for the Next Fiscal Year. B. First Reading of Ordinance No. 125, 1996, Appropriating Funds from the Affordable Housing Trust Fund Reserve for Use as Matching Funds for the Larimer Home Improvement Rehabilitation Program. lK September 17, 1996 The Larimer Home Improvement Program (LHIP) is a multi -jurisdictional program that focuses on providing loans to low income households for the purpose of making safety and structural repairs to their homes. Since its inception in 1994. the program has issued 27 home rehabilitation loans to low income households in the Fort Collins area. The program is administered by the Loveland Housing Authority and uses State of Colorado HOME funds as the primary funding source. In addition to the HOME funds, the state requires each participating jurisdiction to provide 25% in matching funds. The City of Fort Collins match has continued to be $22,500 annually. In previous years funds for the LHIP have been allocated by City Council from the City's Affordable Housing Fund. In order to facilitate the City's participation in the LHIP, it is necessary for the City Council to adopt Resolution 96-104 and Ordinance No. 125, 1996. 20. Resolution 96-105 Approving an Increase in Fees Charged by Fort Collins Police Services Relating to Release of Criminal Justice Records. The fee schedule currently in use by the Records Division was last approved by the City Council in 1978, and has remained virtually the same since that time. However, equipment costs, supplies, overhead, and employee.salaries have increased over this time period, resulting in increased processing costs to the department. The Records Division of Fort Collins Police Services receives numerous requests on a daily basis for copies of police reports. The highest percentage of these requests comes from insurance companies for copies of accident reports. Records Division staff recommends adjusting current rates to a flat fee approach. This adjustment would simplify the process and more accurately reflect the cost of providing this service. 21. Resolution 96-106 Appointing Two Representatives to the Colorado Municipal League Policy Committee. The Fort Collins City Council recommends that Councilmember Alan Apt and City Manager John Fischbach be appointed to represent the City of Fort Collins on the Colorado Municipal League Policy Committee. 22. Resolution 96-107 Adopting the Parking Plan as a Component of the City's Comprehensive Plan and the Transportation Master Plan. The recommended Parking Plan (the "Plan") consists of three parts: the Colorado State University Parking Study; Colorado State University Neighborhoods; and the Downtown. The Plan's purpose was to identify the parking issues; recommend options to resolving the issues; and to determine the best way to finance the parking solutions. The CSU Parking Study is not complete, and when finished, the University administration will incorporate the findings and recommendations into its overall campus master plan. This planning effort was 20 Scptemher 17, /996 clone jointly with the University because any implementation done by either the City or the University will directly impact the other. The Campus Study and Neighborhood Plan were closely coordinated and the recommendations in the Neighborhood Plan reflect a phased approach that will not negatively impact CSU efforts or other adjacent neighborhoods. 23. Resolution 96-110 Making Appointments to the Urban Growth Area Review Board. The Intergovernmental Agreement between the Latimer County Commissioners and the Fort Collins City Council established a Fort Collins Urban Growth Area Review Board to act as the single recommending body to the Commissioners concerning development applications for properties located within the unincorporated portions of the UGA that are ineligible for voluntary annexation into the city. The Board consists of two members appointed by the City Council, two members appointed by the County Commissioners, and three members appointed by mutual agreement of the Council and the Commissioners, who shall be residents of the Urban Growth Area (the area between the city limits and the Urban Growth Area boundary). There are currently four vacancies on the UGA Review Board requiring Council action. The three seats jointly appointed by the Council and the Commissioners are vacant due to the expiration of terms of Donald Crews and Ralph Waldo and the resignation of Karen Harder. In addition, the term of Brian Zick, a Council appointee, has also expired. On May 28, 1996. the County Commissioners voted to reappoint Donald Crews and Ralph Waldo for one additional year to serve as members appointed jointly by the Council and the Commissioners. Since Council first considered this item at its July 16 meeting, staff has determined that Donald Crews and Ralph Waldo do not meet the criteria forjoint appointment by the City and County. On September 11, 1996, the Commissioners rescinded their action of May 28 to reappoint Donald Crews and Ralph Waldo and, based upon the recommendation of Commissioner Duvall and Councilmember Janett, voted to appoint Bob Long, Tim Wakefield, and Natalie Warren. Similar action is required by the Council before the appointments become final. Councilmember Janett is recommending that Brent Thordarson be appointed to replace Brian Zick as a City representative. Items on Second Reading were read by title by City Clerk Wanda Krajicek. 7. Second Reading of Ordinance No 113, 1996, Authorizing a Mail Ballot Election for the Anril 8. 1997 Regular City Election. 8. Second Reading of Ordinance No 114, 1996, Amending Section 7-127 of the City Code Pertaining to Campaign Contribution Limits. 21 September /7, 1996 9. Second Reading of Ordinance No. 115, 1996. Authorizing the City to Grant a Non -Exclusive Easement for Underground Cable in Favor of U.S. West and Poudre Valley Rural Electric Association ("REA" ). 10. Second Reading of Ordinance No. 116. 1996, Designating the Fort Collins Museum's 1936 Model 221D Diamond T Aerial Ladder Fire Truck, as a Local Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. 11. Second Reading of Ordinance No. 1 17. 1996, Combining the City's Storm Drainage Board and the Water Board into One Board and Naming That Board the Water Utilities Board. 12. Second Reading of Ordinance No, 118, 1996, Authorizing the City to Grant a Non -Exclusive Sanitary Sewer Easement to Dana Shirk. 13. Second Reading of Ordinance No. 120, 1996. Adopting and Determining the Effective Date for the District -Precinct Map for the 1997 Regular Municipal Election. Items on First Reading were read by title by City Clerk Wanda Krajicek. 14. First Reading of Ordinance No. 119, 1996, Authorizing the Purchasing Agent to Enter into an Agreement for the Lease -Purchase Financing of Vehicles and Equipment. 15. First Reading of Ordinance No. 121, 1996, Designating the Dealy/Good House. 223 South Howes Street, as a Local Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. 16. First Reading of Ordinance No. 122, 1996, Amending Chapter 29 of the Code of the City of Fort Collins Pertaining to the Zoning and Use of Wireless Telecommunication Services Facilities and Equipment. 17. First Reading of Ordinance No 123, 1996, Appropriating Unanticipated Revenue and Prior Year Reserves in the Transportation Fund for Construction of the First Segment of the Harmony Road Bikeway Project. 18. First Reading of Ordinance No. 124, 1996, Appropriating Unanticipated Revenue in the General Fund for Library Services. 19. First Reading of Ordinance No. 125. 1996, Appropriating Funds from the Affordable Housing Trust Fund Reserve for Use as Matching Funds for the Larimer Home Improvement Rehabilitation Program. 22 September 17, 1996 29. Items Relating to the Rezoning of Certain Downtown Properties. A. First Reading of Ordinance No. 126, 1996, Relating to the Rezoning of Certain Downtown Properties from I-G, General Industrial to RC, River Corridor. B. First Reading of Ordinance No. 127, 1996 , Amending Subdivision W in Division 3 of Article III of Chapter 29 of the City Code Relating to Amendments to Provisions of the RC River Corridor District. Councilmember McCluskey made a motion, seconded by Councilmember Smith, to adopt and approve all items not removed from the Consent Calendar. Yeas: Councilmembers Azari, Kneeland, Janett, McCluskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. Staff Reports City Manager John Fischbach reported a City Line phone number has been set up for comments by citizens regarding the recommended budget. He spoke of the City and Platte River Power Authority's joint Wind Energy Power Pilot Program. Councilmember McCluskey reported the Finance Committee met and discussed PILOT fee increases for water and wastewater, revenue trends, enterprise zone designations. He spoke of a salary classification study Human Resources is working on with CSU, as it relates to pay levels in the community. Councilmember Smith stated the NFRRTAQP Council met and was presented information regarding a statewide transportation plan and a priority list of projects. He reported projects within the region include the Berthoud bypass and the widening of Highway 34 into Greeley. He stated the passenger rail corridor was briefly reviewed and spoke of changes to the I-25 - Highway 14 intersection interchange. Councilmember Kneeland reported the Organizational Development Committee met and discussed issues regarding City Dialogue, work on the initiation of Ordinances and Resolutions and the Sister Cities Program. Councilmember Janett stated the Growth Management Committee met and discussed the Poudre River Land Use Plan. She stated the Committee met with the several County Commissioners and staff to discuss working together in an attempt to preserve several parcels of land as open space and the possibility of using a transfer of development rights concept. 23 September 17, 1996 Mayor Azari stated the Legislative Review Committee will soon meet and urged Councilmembers to attend. Councilmember Smith reported on an upcoming meeting to discuss issues regarding the Pineridge Open Space area. Public Hearing on the Proposed 1997 Budget, Held. The following is staffs memorandum on this item. "Executive Sunungry This is the second official Public Hearing on the Citv Manager's proposed 1997 Budget for the City of Fort Collins. " City Manager John Fischbach thanked staff for its efforts in putting together the recommended Budget. He gave the staff presentation on this item and briefly reviewed the process. Bill Cook, 1809 Cottonwood Point, Library Boardmember, spoke of plans for the branch library on the Front Range Community College Campus and encouraged adequate funding for staffing. equipment and products. John Meleski, 2619 Featherstar Way, member of the Building Review Board, expressed concerns regarding the Model Energy Code and spoke of its impact on the Building and Zoning staff. He requested further discussion before adoption of the recommended Budget. Madeline Wawro, 1917 South Crestmore Court, Library Boardmember, encouraged full funding to] - the Harmony Branch Library. Lou Stitzel, 512 E. Laurel, thanked everyone for its efforts in assisting residents of Pioneer Mobile Home Park in their relocation. She requested Council include funding for emergency land purchases to be used for affordable housing issues like Pioneer. Betty Maloney, 1309 City Park Avenue, member of the Affordable Housing Task Force. expressed concerns regarding affordable housing and the need to create a relocation policy. She stated she was pleased to see that Council identified affordable housing as one of its 1997 goals. Anne Ostre-MacDonald, 4125 Sunstone Drive, Library Boardmember, urged full service funding for the Harmony Branch Library. September 17, 1996 Councilmember Smith requested previously received documentation on the Harmony Branch Library, and commented on concerns expressed by Mr. Meleski regarding additional staff for Building and Zoning. Councilmember Kneeland asked if land banking was an option for CDBG funding. Councilmember McCloskey asked about the service levels of the Downtown Library vs. the Harmony Branch Library. Councilmember Wanner requested information regarding Sunday hours at the Harmony Branch Library and stated Council's goals regarding affordable housing issues would be discussed at an upcoming study session. City Manager John Fischbach spoke of Council's position on reserves noting funds are within the established guidelines set by Council. Resolution 96-109 Supporting Larimer County's Application to the Colorado Department of Local Affairs Seeking Inclusion of Certain Additional Areas Within the Existing Fort Collins Enterprise Zone. Adopted as Amended. The following is staff's memorandum on this item. "Financial Impact The State's Enterprise Zone progrmn offers state income tau credits for qualifying businesses located within designated Enterprise Zones. The Enterprise Zone program does not require local jurisdictions to offer any additional financial incentive to qualifying businesses. State income tax benefits include: 3% investment tax credit, $500 job tau credit, double tax credit for agricultural processing, $200 job tax credit for employer health insurance, R&D tax credit, and several others (see attached infonnation). Executive Summary The current Fort Collins section of the Larimer County Enterprise Zone established in 1993 includes North College Avenue, Evergreen Business Park. Central Business District (Old Town), the Highway 14 corridor to 1-25 and north to Vine Drive. In 1994 Council supported Resolution 94-125 Which proposed amending the local Enterprise Zone to include the Prospect East Business Park, Hewlett-Packard, the site that Symbios Logic acquired at the intersection of County Road 9 and Hannony Road, and the Oakridge Business Park. Despite the County's application, and Council's support, the Departnent oj'Local Affairs (DOLA) chose not to amend the Zones boundaries at that 25 September 17, 1996 time. Instead, DOLA decided to postpone Zone amendments until the conclusion of the recent legislative action regarding the Enterprise Zone program. Following the July 1, 1996 effective date of the amended program, DOLA requester( that all Zones submit updated plans for job creation or business development as well as amended Zone boundaries. Staff has met with the Larinier County Enterprise Zone Administrator and reviewed the criteria for Zone designation. In accordance with the State's criteria (based at 1990 Census data as specified by DOLA), staff has determined that certain additional areas within the incorporated linnits of Fort Collins and Larimer County qualify for Enterprise Zone designation under the State's criteria. To qualifj, for Zone designation, an area must have a population of at least 1,000 people, and meet at least one of the following criteria based upon 1990 census data: Unemployment rate that is greater than 7.18% (25% greater than .state ave.) Per Capita Income less than $11,115 (60% of'state ave.) Slow Population Growth - 1989 thru 1994 population change of less than 2.82% The specific criteria that enables areas within Fort Collins to qualify is the per capita income jigure of less than $l 1, 115for- the census tract block group (green area on attached map). Would this Area Qualify Today? In Colorado, the per capita income in 1980 was $10,616. In /990 it rose to $18,814. and the most recent figures provided by the State indicate that per capita income as a state-wide indicator has risen to $22,333. For the same period in 1994, the per capita income in this portion of the Fort Collins Enterprise Zone was $14,740 (roughly 66% of the state average). If this area were to apply for designation based upon 1994 figures, rather than the 1990 Census numbers that the State relies on, it would be roughly 6% over the State's criteria of 60% of the state average or $13,400. This is however, still roughly 34% below the state average of $22,333. The purpose of the Enterprise Zone Program is to bring economically distressed areas up to 100% of the state average. The 1994 per capita inconne figure of $14,740 for the Fort Collins portion of the Enterprise Zone indicates that progress has indeed been made. However, despite the apparent health of a few of our primary employers in the southeast part of the community, per capita income figures suggest that there is still quite a bit of work to be done to address the under -employment and income inequity within the community. Following the Census 2000 process, it is possible that the State's Economic Development Commission will reconunend a de -designation of the local Zone, or ary portions, ij' per capita income figures indicate significant progress towards achieving the state-wide average. Proposal to Include Additional Areas within the Enterprise Zone: The proposed qualifying areas include an area east of County Road 9, south of Drake Road, east to 1-25, and south oj'Harmony Road by roughly one-half mile (this area is highlighted in green on 26 September 17, 1996 the attached map). This includes the Hewlett-Packard site, as well as the new Symbios Logic site, and provides additional support for the implementation of the employment park aspects of the Harmony Corridor Plan. Certain otter areas qualifv by virtue of their contiguity with either existing or proposed qualifting areas. The rationale explained by DOL.A for this additional designation is to avoid unbalanced situations ill which One side of die snz<et qualifies, enjoying zone benefits, while a business in close proximity does not. Locally, we should consider a situation in which HP and Symbios might qualify, becoming more competitive due at least in part to the designation, but businesses such as Advanced Energy and Condinear located outside of the green qualifying areas, but within close proximity cannot utilize the saute benefits. This includes areas highlighted Ili blue on the attached trap including the Prospect East Business Park, Seven Lakes Business Park, Interstate Lands Business Park (1-25) and the Oakridge Business Park (see attached snap for more detail). Why include these areas? Staff proposes including both the areas in green and blue because doing so is consistent with the Citp's Economic Development Policy (adopted by Resolution 94-126), which states -- that the goal of the City is to encourage and support economic development and economic opportunities which provide primary employment, increase Investment within the community and improve the qualih� of life for Fort Collins residents. Further, that the Ci(y will continue to afford new and existing business and industry the opportunity to seek financial incentives pursuant to Council adopted Ordinances. and other incentives enabled by state or federal legislation. Including these areas enhances local control for the Enterprise Zone Program by .focusing the application oj'the Zone's benefits (state tax credits) out the areas with the highest concentration of prinuoy employcrs in the connnhtuniry. Again, this is also consistent with the ohjeclives of the employment ceuer concept expressed in the Harmon Corridor Plan. Further Rationale for Supporting Zone Expansion: Some might argue that the City should not support can expanded Enterprise Zone locally regardless of the fact that local funds are not involved. Vie claim that is often made is that incentive programs such as this are outdated, amounting to nothing more than a form of corporate welfare. However, one might consider the fact that since the Enterprise Zone Program involves only state income tax credits, we as citizens oj'the state are supporting a program that we in Fort Collins are not able to make fidl use of Local businesses are therefore at a competitive disadvantage to their Counterparts across the state that are utilizing Zone designation to become more competitive. To a large extent, Colorado has based its economy on the strength and vitality of its business sector. This is evidenced by the provisions of Article X, ,Section 3 of the State's constitution (commonly referred to as the Gallagher Amendment). This cunendruet determined that all non-residential uses Will be assessed at 29% of actual value, while re.sialemial property, has been declining from roughly 21 % to the current 10.36%. Given this expressed reliance on the business sector, it makes sense: to utilize locally -bused progranns such « ,. the Enterprise Zone to enhance businesses opportunities to compete and help fuel our state's economy. 27 September 17, 1996 Exclusions to the Enterprise Zone Designation: Staff is proposing that all designated natural areas or designated open space be excluded front the Zone. However, staff does not recommend exclusion for residential areas since Zone designation can provide further support for small business development.. Designation can encourage home -based entrepreneurial activity by offering the same tax advantages to these small businesses. In addition, staff is not proposing elimination of the Poudre River Corridor from areas which qualifi, because property owners might be encouraged to donate the land. in exchange for state tax credits. The property must however lie within the Zone to utilize such a strategy. Zone designation would therejore be consistent with the City's Natural Areas Policy and acquisition strategy. It should also be noted that the establishment or amendment of an Enterprise Zone in no way supersedes or limits local zoning, land use planning or regulation. Program History: State-wide - The Colorado Enterprise Zone Program was established in 1986 to address urban and rural areas of the state requiring new employment opportunities to overcome conditions of unemployment, underemployment, net out -migration, chronic economic distress (lower than state average jor per capita income), deterioration of train street business districts, or sudden economic dislocations. Based upon these goals, it became the policy of the State, through the Colorado Urban and Rural Enterprise Zone Act of 1986 to provide incentives for private enterprise to expand, and for new businesses to locate in economically depressed areas (according to the State's criteria), and to provide more job opportunities for residents of such areas, to establish a pilot program for tar incentives and other assistance for enterprises in designated areas to be known as Enterprise Zones. Local - In February 1993, City Council supported Lorimer County's application to the Colorado Department of Local Affairs for Enterprise Zone designation for several areas in Fort Collins. New and existing businesses located within designated areas are eligible to apply and take advantage of state income tar credits. Since the inception of the Zone in 1993, a total of slightly more than $17 million in qualifying capital investment was made by businesses in the Larimer County Zone to recoup approximately $600,000 in investment tax credits. An additional amount of slightly more than $200,000 in job tax credits was realized byarea businesses for adding more than 650 jobs. Additionally, $110,000 in health insurance tax credits, and $70,000 in research and development tax credits were granted to businesses within the Zone. It is unknown to what degree this investment might have occurred had the Enterprise Zone not been in existence. Non -Profit Support - A further aspect of,the Enterprise Zone program has been the ability to provide contributions to childcare and employment programs through the Enterprise Zone in return for a 50% income tax credit for the amount contributed (note: the amount of credit for contributions to the Zone has been reduced under the 1996 amended program to 25%). In Lorimer County, enterprise zone contribution credits have assisted such entities as the Fort Collins Children's Clinic, McKee Foundation (affordable health care) , CARE Housing, Neighbor -to -Neighbor (affordable housing), Education and Life Training Center and the Boys and Girls Club for job training far low income individuals, Crossroads Safelnouse, The Mission and New Bridges for transitional housing. WV September 17, 1996 A more complete breakdown of the activity of the Lorimer County Enterprise Zone (fbr the period June 25, 1993 through March 15, 1996) has been attached. Summary of 1996 Amendments to the Enterprise Zone Program & Reporting Requirements: Responding to both local concerns expressed by the City of Fort Collins and Larimer County, and the Denver Post's reports of abuses of the Zone program, the State Legislature took action in 1996 (changes took effect July 1, 1996) to modify Colorado's Enterprise Zone Program. It is important to note that no abuses were reported in the Larimer County Zone. Following is a summary of modifications made by the Legislature and signed by the Governor: Accountability a Gives the soon -to -be -created State Economic Development Commission oversight authority to pre -review all contributions, programs, projects or organizations, and to reject projects which do not meet the requirements of the law. N Increases reporting requirements by local zone administrators and DOLA on use and impact of Enterprise Zone tax credits, and calls for bi-annual evaluations by the State Auditor. AF Requires reporting of each contribution (including value, source, purpose, and relationship to Zone goals), and allows DOLA and zone administrators to release information on the source and amount of contributions and tax credits. Termination of Zone Boundaries N Economic Development Commission given authority to terminate zones that no longer meet the criteria for the Zone Designation (after Juh� 1, 1997). N All Zones now required to submit to the Conunissiot updated business development plans. New Limitations of the Program AF Reduces creclits for contributions to the Enterprise Zone from 50% to 25% for all new projects. N Prohibits tax credit for contributions that directly benefit the contributor, or that are not directly related to job creation, job preservation, promotion of child care, or employment for the homeless. Enhancements to the Zone Program AF Initiates a new 10% tax credit far employer expenditures for qualified job training, and school -to -work programs. AF Provides 5-year carryforward for unused health insurance tax credits. AF Allows an existing business facility to qualify for new business job credits by expanding its employment by ten percent (at least one entployee) or ten employees whichever is less. (Additional information: regarding the summary of 1996 legislative action is attached) Significance of Council Support: 29 September 17, 1996 If Council chooses to support this Resolution we will be sending a strong signal to DOLA that beyond local commitments we make to our businesses, we believe Fort Collins deserves tine .same tools the State offers to other communities. Despite our support, it is uncertain what action DOLA will take regarding approval. However, regardless of this uncertainty, our businesses will be aware that the City, presented a strong and logical case for inclusion within the Zone of the qualifying areas. If Council chooses not to support the Resolution it is highly unlikely that DOLA would act to enhance the current Zone bomtdaries. " Assistant City Manager Frank Bruno gave the staff presentation on this item. He spoke of the purpose of the zone and the logic for supporting the expansion. Lew Wymisner, Larimer County Enterprise Zone Administrator, spoke of the background of the Enterprise Zone. He commented on the reasons for increased monitoring and "tightening" up of the program and of the grandfather clause for existing projects prior to May I, 1996. Wymisner spoke of the number of businesses that have moved into the zone and the number of jobs those businesses have created. He clarified non-profit organizations must be located in the zone to receive contributions and responded to questions regarding how contributions credits are distributed. Bruno spoke of the attractive attributes in the north part of the community, citing low lease rates and clarified the Enterprise Zone does not supersede any local land -use zonings or regulations. Wymisner stated local government has control over what is proposed and promoted at the State level. He stated any businesses meeting the criteria could take advantage of tax credits reducing tax liabilities. He clarified this is not a rebate program but a tax credit program and stated Latimer County would present proposals to the State. Councilmember Smith spoke of concerns regarding natural space areas and rural residential areas being included in Enterprise Zones. Bruno spoke of various businesses located near the above mentioned areas, stating businesses in those areas could receive tax credits if they donated natural area land or land adjacent to the Poudre River. Councilmember Kneeland made a motion, seconded by Councilmember McCluskey, to adopt Resolution 96-109. Jenny McGraw, representing the Poudre River Trust, spoke of a recent success during the Riverfest Clean-up and of the money received from Enterprise Zone credits which made it a success. Barbara Henson, representing the Children's Clinic, spoke of Enterprise Zone success stories and how Zone contributions have helped the Clinic. 30 September 17, 1996 Susan Shell, Vice-president of Advanced Energy, spoke in support of the motion Allison Lacoco, representing Applied Computer Technology (ACT), reported on the history of ACT and believed expansion of the Zone would benefit the City of Fort Collins. Claire Benato, Executive Director of Crossroads Safe House, supported the motion and reported on the amount of money Crossroads receives and what those contributions are used for. Nancy Taylor, representing Catholic Charities Northern - the "Mission", spoke of the increase in new donors based on the tax credit incentives and stated funds for expansion have mainly been received through the Enterprise Zone funds. Dan Perry, representing Heska Corporation, supported expansion of the Zone. Tommy Short, President of the Downtown Business Association and boardmember of the Boys and Girls Club, supported the Enterprise Zone expansion. Bernetta Cunningham, Symphony Administrator for the Fort Collins Symphony Orchestra, spoke of the benefits received by the Zone. Lou Stitzel. President of TRAC and member of CPAC, supported the motion and stressed the need for expaning the Zone. Sister Mary Alice Murphy, CARE Housing, supported the motion stating CARE Housing recently received contributions and benefits of the Zone. Roland Mower, President of Fort Collins Economic Development Corporation, stated he was an advocate of expanding the Zone and commented on the various benefits provided by the Enterprise Zone program. David Roy, 1039 West Mountain Avenue, opposed the motion and stated the Zone was originally created for urban blighted areas and areas of human suffering. He stated expansion of the Zone creates additional issues regarding air quality, quality of life and street repairs and maintenance. Kelly Ohlson, 2040 Benington Circle, opposed the motion stating he believed it was misdirected and that expansion of the Zone would not benefit human service areas. He expressed concerns regarding land adjacent to the River, stating inclusion would artificially stimulate development along the River corridor and expressed the need for regulatory framework to protect the River. Bruno clarified staff is recommending excluding designated open space and natural areas with regards to existing City -owned natural areas and will provide the State a narrative exclusion. He spoke of de -designation procedures. 31 September 17, 1996 Councilmember Janett expressed concerns regarding possible Poudre River property donation and the potentional attraction to develop in those areas. She asked if staff could recommend a sufficient buffer zone to protect open space and natural areas. Bruno clarified staff would be recommending a 200 to 300 foot setback adjacent to the River and stated language to that effect could be included in the resolution and recommended to the State. Councilmember Smith opposed the motion and stated he was not comfortable that recommendations made by the City would be presented to the State by the County Commissioners. He expressed concerns regarding whether or not the expansion of the Zone meets the State's criteria. Councilmember Kneeland supported the motion and spoke of the need to concentrate on adequate jobs, job training and capital investment issues. Councilmember Janett made a motion, seconded by Councilmember Smith, to amend Resolution 96-109 to formally remove open space and natural area lands within 200 foot from the Enterprise Zone land. Councilmember Wanner spoke of the need to communicate that Council does not necessarily support the use of Enterprise Zone tax credits for broad based economic development associations and of the need to look at who receives the contributions. After a brief recess City Attorney Steve Roy read the proposed amendment into the record as follows: "WHEREAS, the Council further believes that it would be inappropriate to include within either the existing or the expanded boundaries of the Enterprise Zone, any publicly owned natural open spaces, or any properties within 200 feet of the Poudre River that are not presently developed or that have not received final development approval from the appropriate governing body; and" Councilmember Janett stated the intent of her motion was to not provide incentive for development adjacent to the River. Councilmember Kneeland questioned the language of the amendment when development in natural areas or open spaces cannot occur anyway. Councilmember Janett stated she did not want development adjacent to those areas either. 32 September l7, 1996 Bruno clarified staff recommends excluding, from the Zone, any designated natural areas or designated open space. John Knezovich, 1205 Green Street, expressed concerns regarding property owners who presently take advantage of the Zone benefits and questioned what would happen to those business if they wanted to sell their business and/or convert them to another use. He spoke of the possibility that business which the City might want to help may be penalized. David Roy, 1039 West Mountain Avenue, opposed the motion and spoke of the need to preserve and protect the visual aspect of the Poudre River corridor. He stated he did not believe many of the areas in question were blighted or economically depressed and believed corporations were looking for hand outs. Kelly Ohlson, 2040 Bennington Circle, stated he hoped Council was not setting a precedent in setting the 200 foot limit. The vote on Councilmember Janett's amendment to the motion was as follows: Yeas: Councilmembers Azari, Kneeland, Janett, McCluskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. The vote on Councilmember Kneeland's original motion to adopt Resolution 96-109 as amended was as follows: Yeas: Councilmembers Azari, Kneeland, Janett, McCluskey and Wanner. Nays: Councilmember Smith. THE MOTION CARRIED. Items Relating to the Rezoning of Certain Downtown Properties. Adopted on First Reading. The following is staff's memorandum on this item. "Executive Summary A. First Reading of Ordinance No. 126, 1996, Amending the Zoning District Map of the City of Fort Collins by Changing the Zoning Classification for That Certain Property Known as the Downtown IG Rezoning. B. First Reading of Ordinance No. 127, 1996, Amending Subdivision W in Division 3 of Article III of Chapter 29 of the City Code Relating to Amendments to Provisions of the RC River Corridor District. 33 September 17, 1996 The Poudre River Trust Land Use Policy Plan was adopted in 1986. The Downtown: Plan was adopted in 1989. These Plans created a vision and expression of a desired figure for the downtown area that is presently zoned I-G, General Industrial. The Plans called for the area generally north and east of Jefferson Street to be re -designated as the "Poudre River Corridor. " The purpose of the rezoning is to implement the vision of the Poudre River Trust Land Use Policy Plan and the Downtown Plan. The code changes would apply to all present and future parcels in the RC, River Corridor Zone and are proposed to clarify and modernize the procedures for land development and re -development within the zone. BACKGROUND: I. Poudre River Trust Land Use Policy Plan In 1986, the Poudre River Trust Land Use Policy Plan was adopted as an element of the City's Comprehensive Plan. The Plan provides a tool for realization of the potential for a vital enviromnent in the Downtown River Corridor along the Poudre River from College Avenue to Mulberry Street. The Plan seeks to facilitate and enhance both existing and future businesses, housing, recreational, educational, and cultural activities while preserving important fish and wildlife habitats and open space along the river. The Plan calls for the adoption of the Downtown River Corridor District. In 1987, City Council added the RC, River Corridor Zone District to the City's Zoning Code as the primary implementation device for the Poudre River Trust Land Use Policy Plan. The RC Zone defines uses permitted, establishes performance standards, landscape standards, nnininuon area of lot, and site plan review requirements. The Plan recommends that the study area be rezoned into the River Corridor District. IL Downtown Plan In 1989, the Downtown Plan was adopted as an element of the City's Comprehensive Plan. The Plan encourages the revitalization of downtown Fort Collins through guidance of both public and private decisions affecting the area. The Plan establishes a vision for the downtown, provides a market analysis of the area's strengths and weaknesses, incorporates 15 major policy statements relating to downtown, and lists a number of recommended actions to support implementation of the adopted policies. The Plan includes changes in zoning and calls for funding and construction of a variety of capital improvement projects. The Downtown Plan includes a land use map that calls out the area generally located north and east of Jefferson Street to be the "Poudre River Corridor. " This area is presently zoned 1-G, General 34 September 17, 1996 Industrial. In order to implement the Downtown Plan, this area is recommended to be rezoned into the RC, River Corridor Zone District. The Plan states: "The Poudre River Corridor District offers an excellent opportunity to mix river related and cultural activities with the natural environmental values of the river. " "Permit destination retail uses, light manufacturing, research and scientific laboratories and similar uses in locations within the Poudre River Corridor District that are compatible with the scenic, natural, recreational and historic values of the river. " Under the "strategic actions" section, the Plan states: "Comprehensively rezone all annexed properties within the Downtown corridor of the Poudre River to RC, River Corridor District. " Based on the two Comprehensive Plan elements, there is a strong policy basis to support the proposed rezoning of certain downtown properties from I-G, General Industrial, to RC, River Corridor. III. RC Code Changes There are four code changes proposed to clarify and modernize the RC Zone. a. Reword the "Purpose" Section Under the "Purpose" section of the zone description, Section 29-413 of the Code presently reads: "The RC River Corridor District designation is for areas developing within the Downtown River Corridor of the Cache La Poudre River. " Since the adoption of the RC, River Corridor Zone in 1987, the City has annexed properties along the Poudre River beyond just the downtown area. The proposed change would expand the purpose of the zone and acknowledge that the zone applies to properties along the entire stretch of river. The proposed change would restate this purpose by deleting "Downtown River" from the statement to read as follows: "The RC River Corridor District Designation is for areas developing within the corridor of the Cache La Poudre River. " B. Lengthen the Review Process 35 September 17, 1996 Presently, Code Section 29-414(a) requires that development proposals in the RC Zone be submitted to the Current Planning Department and that plans trust be processed, reviewed and decided upon within three weeks. This time frame was established in 1987. Due to the complexity of reviewing land development plans, the Planning Department (and development review team) cannot complete a thorough review (with applicant revisions) in three weeks. It is proposed that permitted uses in the RC Zone be subject to the same administrative review process as outlined in "Design Review for Permitted Uses" of the Zoning Code (Section 29-520). This process calls for conceptual review and an administrative review process that shall result in a determination "... not sooner than four weeks nor later than ten weeks following the submittal oj' all RC application. " Section 29-414(a) is, therefore, amended to include this new time period. C. New Basis for Establishing Expansions of Non -Conforming Uses Presently, Section 29-414(a) states with respect to the RC zone that: "All permitted uses listed in the RC Zone (and expansions of more than 25% of the gross floor area of uses existing on February /7, 1987) shall be subject to adnninisn-ative review procedures as established in a Neighborhood Plan for the affected area. " For properties that are nonfornning uses and that were annexed and initially zoned RC, using the 1987 size for determining the necessity of an administrative review may make sense. However, for nonconforming properties that are subject to be zoned or rezoned into the RC Zone, such as the downtown I-G area, this provision could present a hardship. Since the purpose of the rezoning is not to create unnecessary hardships, it is proposed that the effective datefor establishing the basis to detennbne the 25% expansion for all nonconforming uses should be the date that the propertyh! is zoned or rezoned into the RC Zone. The proposed change adds a new paragraph (c) to Section 29-414 to read as follows: "Notwithstanding the provisions of'Division 6 of this Article Ill, any nonconforming use in the RC River Corridor District shall be entitled to expand by up to twenty-five (25) percent of the gross floor area of such use as a matter of right without being subject to any administrative review. The basis for determining the gross floor area of any such expansion shall be that gross floor area that existed for that use on February 27, 1987, for those properties zoned or rezoned into the RC River Corridor District on February 27, 1987. For those properties that were zoned or rezoned into the RC River Corridor District after February 27, 1987, the basis for determining the gross floor area of any expansion shall be the gross floor area that existed for that use on the effective date that the subject property was zoned or rezoned into the RC River Corridor District. " 36 September 17, 1996 IV. Citizen Participation The following meetings were conducted to discuss both the property rezoning and Code change: June 6, 1996 Meeting with Downtown Development Authority June 17, 1996 General Information Neighborhood Meeting* June 25, 1996 Meeting with Downtown Development Authority* June 28, 1996 Information Meeting with Three Property Owners* August 7, 1996 Contacted Four Non -Conforming Property Owners** * Summaries of these meetings are attached to the P & Z Staff Report ** See letters attached to P & Z Staff Report At the second meeting with the D.D.A., the board voted in favor of a motion supporting the rezoning and the Code changes. V. Non -Conforming Uses There are four properties that contain uses that will become legal, non -conforming under the RC Zone. These four properties /nave been identified as follows: A. Poudre Pre -Mix, Inc. - heavy industry B. Schrader Oil Company - bulk storage of pen-ochennicals C. Riverside Auto Sales - auto sales D. J & M Precision Auto - auto sales. These four owners have been contacted by phone and letter. Three property owners have been contacted on the site in person by Planning Staff. Information regarding the status of legal, non- confa-nning uses has been given to these property owners (see attachment to P & Z Staff Report). " Senior City Planner Ted Shepard gave the staff presentation on this item outlining the surrounding properties. He stated staff is considering this as an interim measure and reported staff has met with nonconforming property owners and spoke of community outreach that has been done. He spoke of how nonconforming uses come into conformance stating a change of ownership would not constitute conformance, conformance can only occur if there is a change of use or a PUD. Councilmember Smith made a motion, seconded by Councilmember Kneeland, to adopt Ordinance No. 126, 1996 on First Reading. Yeas: Councilmembers Azari, Kneeland, Janett, McCloskey, Smith and Wanner. Nays: None. 37 September 17, 1996 THE MOTION CARRIED. Councilmember Smith made a motion, seconded by Councilmember Kneeland, to adopt Ordinance No. 127, 1996 on First Reading. Yeas: Councilmembers Azari, Kneeland, Janett, McCluskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. Other Business Councilmember Janett requested information on regulatory means for the protection of wildlife habitat and what can and cannot be enforced. Councilmember Wanner stated he has received feedback regarding the lack of time available to review the draft of the City Plan Principles and Policies document. Greg Byrne clarified the document presented is a working draft, not the City Plan Advisory Committee's recommendation. Adjournment Councilmember Smith made a motion, seconded by Councilmember Wanner, to adjourn to September 24, 1996 at 6:30 p.m. Yeas: Councilmembers Azari, Kneeland, Janett, McCluskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. ATTEST: City Clerk m