HomeMy WebLinkAboutMINUTES-09/05/1995-Regular' September 5,1995
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, September
5, 1995, at 6:30 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call
was answered by the following Councilmembers: Apt, Azari, Janett, Kneeland, McCluskey,
Smith and Wanner. Councilmember Absent: None.
Staff Members Present: Fischbach, Roy, Krajicek.
Citizen Participation
Bob Cluster, 3407 Sun Disk Ct., commented on the City's DARE Program. He stated the
program has been proven ineffective and is essentially a public relations program for Police
Services and local politicians.
Gary Peterson, 1805 Crestmore Pl., founder of Parents Against DARE, spoke of research on
' DARE that indicates the Program will fail and will cause an increase in drug use among the
children participating in the program.
Jeff Bridges, 725 Mathews, Centennial Neighborhood Association, asked that more attention
be given to East Laurel neighborhood bikeways, sidewalks and intersections.
Susan Kirkpatrick, former Mayor, 2312 Tanglewood Dr., spoke of federal legislation related to
the Poudre River National Water Heritage proposal and stated a bill designating the Poudre
River as a National Water Heritage Area would be debated in committee this week. She urged
more interest, leadership, and a more aggressive role in the legislative arena for the Fort Collins
City Council.
Mike Nicely, 300 E. Harmony Rd., spoke of urgent affordable housing needs in Fort Collins.
Citizen Participation Follow -Up
In response to Mr. Bridges' comments, Councilmember Janett stated there are funds
programmed for the bikeway along East Laurel and for West Laurel as well. She asked staff to
update Mr. Bridges on the timing of those projects. She stated she will monitor the 1996 Budget
with regard to pedestrian accessibility funding.
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Councilmember Apt asked staff for scientific data on the effectiveness of the DARE Program.
Councilmember Kneeland stated the City needs to continue to monitor and evaluate the
effectiveness of the DARE Program. She stated a study was commissioned last year by
Sociology Department researchers at CSU. The researchers came up with a list of criteria that
make drug prevention programs successful. She stated the Health and Safety Committee needs
to share the information that compares the criteria to DARE.
City Manager John Fischbach reminded that Councilmembers packets included a revised transit
agreement with the Southeast Fort Collins Employers. He reviewed the components of the
revisions.
***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 #19, Public Pulled Consent Items. '
Councilmember Smith asked that Item No. 11, First Reading of Ordinance No. 116, 1995,
Appropriating Unanticipated Revenue in the General Fund for Police Services, be withdrawn
from the Consent Calendar.
:i.TIN . . i u . Ll'L�TiLIIh
August 22. .. ad-iournedu u
This Ordinance which was unanimously adopted on First Reading on August 15, 1995,
designates the Information Desk bulletin boards as the official place for posting of public
notice of any meeting of the Council or Council Committees for which public notice is
required to be given.
Second Readimi of
Ordinance No. 114.1995, Amending
Section
4 of Ordinance
No. 179,
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Ordinance No. 179, 1993 amended the minimum lot size of the NCM, Neighborhood
Conservation Medium Density Zoning district. The amendment was for a limited time
period to preclude the development of secondary residential structures within the Eastside
and Westside neighborhoods until December 31, 1994 or until design criteria
supplemental to the neighborhood plans could be developed, whichever came first.
Because of delays in the project, three previous extensions of the termination date of
Ordinance No. 179, 1993 have been approved by the Council. An additional extension
is needed in order to allow time for additional public outreach and consensus building
with the goal of developing modifications to the proposed standards and guidelines, or
the development of zoning changes, or a combination of both that will work best to
protect the welfare of the neighborhoods.
10. First Reading of Ordinance No. 115. 1995 Appropriating Unanticipated Revenue in the
General Fund for the Clean Air Colorado Program.
The Clean Air Colorado program is administered by the Colorado Department of Public
Health and Environment for public education and information programs that improve
air quality. CDPHE works jointly with the City of Fort Collins and other Colorado
communities to define air quality improvement programs for funding under Clean Air
Colorado. The City receives an annual monetary award from the state for these
purposes; the Natural Resources Department uses these funds for a variety of public
outreach, special projects, and data collection efforts to improve local air quality. As
part of the 1995-1996 Clean Air Colorado program, the City will implement a variety
of air quality projects consistent with the Air Quality Action Plan.
11. First Reading of Ordinance No. 116, 1995. Appropriating Unanticipated Revenue in the
General Fund for Police Services.
Police Services has been awarded a grant totaling $225,000 from the U.S. Department
of Justice under the COPS AHEAD program. This grant is in effect for three years and
will provide partial funding for three additional police officers. The balance of the funds
necessary to fully finance the officers is available in the 1995 approved Police Services
budget, the 1996 proposed budget and will be included in the 1997 Police Services
budget.
The grant money has been made available from the 1994 crime bill and focuses on
Community Oriented Policing. The three officers hired under the COPS AHEAD grant
will be assigned to the Downtown/Old Town area. These officers will engage in all
areas of community policing. They will conduct foot patrols of the area, meet with
merchants and residents to identify problems and issues and work the merchants,
residents, city departments and others to devise strategies for addressing problems. As
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part of this program, Police Services would like to open a Storefront Community Police
Office in the downtown area from which the officers would work.
A. Resolution 95-123 Setting Forth Findings of Fact and Determinations Regarding
the Robert Shields Second Annexation.
B. Hearing and First Reading of Ordinance No. 117, 1995, Annexing Property
Known as the Robert Shields Second Annexation.
C. Hearing and First Reading of Ordinance No. H 8, 1995, Amending the Zoning
District Map Contained in Chapter 29 of the Code and Classifying for Zoning
purposes, the Property Included in the Robert Shields Second annexation to the
City of Fort Collins.
This is a request to annex and zone 6.07 acres located east of County Road #9, adjacent
to Woodland Park Estates P.U.D., north of Hewlett-Packard. The requested zoning is R-
L, Low Density Residential, without the condition that the property develop as a
planned unit development (P.U.D.) ,
13. Items Relating to the Vermont Bicycle/Pedestrian Undemass,
A. Resolution 95-124 Authorizing the Mayor To Execute An Inter -Governmental
Agreement With The Colorado Department of Transportation For The Construction
Of the Vermont Bicycle/Pedestrian Underpass Project.
B. First Reading of Ordinance No. 119, 1995, Appropriating Unanticipated Revenues
in the Transportation Services Fund and Authorizing the Transfer of Existing
Appropriations for the Vermont Bicycle/Pedestrian Underpass Project.
The scope of the project is to construct a precast box culvert under the Union Pacific
Railroad and 950' of 10' wide bicycle/pedestrian trail. The trail will start west of the
tracks at the corner of Centennial Road and Parklake Drive and go southeast to the comer
of Vermont Drive and Eastbrook Drive. During design, the project was reviewed by Fort
Collins High School Administration and parents and also by the Transportation Board.
' September 5, 1995
In May of 1994, the City of Fort Collins received designation as a Participating
Jurisdiction in the Housing and Urban Development (HUD) HOME Program. The
intent of the HOME Program is to expand the supply of decent, safe, sanitary, affordable
housing in the community, to strengthen the ability of local government to provide
housing, and to expand the capacity of nonprofit community -based housing development
organizations to provide affordable housing. Funding requests for the Fort Collins
HOME program are received on an ongoing basis and reviewed by the CDBG
Commission which then provides a recommendation for funding to Council. The City
of Fort Collins HOME program has received an application requesting a HOME loan.
The project would add 1 16 new units of affordable housing to the City as follows:
Kaufman and Broad requests a $300,000 loan at 3% for the Woodlands housing
development at the comer of Harmony and Shields. This proposal would build 116 one,
two and three bedroom affordable housing units which target families whose incomes
are at or below 60% of the median family income in Fort Collins. CDBG Commission
has recommended a funding level of $300,000 for this project.
15. Resolution 95-126 Authorizing the Purchasing Agent to Issue a Change Order Exceeding
$50 000 for Professional Services for the Civic Activity Center Plan,
' Professional services and outcomes for the Civic Activity Center Plan must be integrated
and compatible with the professional services and outcomes recently awarded for City
Plan. To achieve this goal, staff recommends adding services related to the Civic Activity
Center Plan to those already being performed by Ballofet and Associates, Inc. under the
current contract for services in connection with the City Plan. Fort Collins Code Section
8-160 requires City Council approval of change orders to professional services contracts
exceeding $50,000.
16. Resolution 95-127 Authorizingthe he City to Enter into an Agreement with the State Board
of the Great Outdoors Colorado Trust Fund.
In the spring of this year, the Park Planning and Development staff made an application
to Great Outdoors Colorado (GOCO) for grant funds to help pay for the Poudre River
Implementation Plan Project. This Project involves a study of the Poudre River Corridor
from Overland Trail to I-25. The study will focus on land in the river corridor which may
be affected by gravel mining operations or other development activity. This study will
suggest solutions to minimize the impact of these activities. These solutions may include
land acquisitions, gravel mining reclamation plans, water augmentation plans, as well as
ways to enhance wildlife, historical, educational, and recreational opportunities along the
river corridor. GOCO has agreed to provide $45,000 for the project.
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17. Resolution 95-128 Authorizes the Cijy Manager to Enter into an Agreement with Certain
Southeast Fort Collins Employers to Enable Transfort to Operate Commute Hour Bus
Service . Their EmployeesPublic,
Under this Agreement, on September 7, 1995 Transfort will begin operating a new
east/west bus route designed for employees of participating employers in the southeast
part of Fort Collins. This marks the first occasion in Fort Collins where area businesses
have banded together to purchase bus service. Hewlett-Packard, Symbios Logic, and
Platte River Power Authority are breaking new ground by funding $58,000 in new service
to the community over the next year, with a possible extension to two years for a total of
$119,000.
A. Powerline Easement from Kenneth A. Larson and Eileen M. Larson, 219 West
Mulberry, needed to underground existing overhead electric services. Monetary
consideration: $10.
B. Powerline Easement from B. T. Huntley, Mark Huntley and Angie Austin, 221-
223 West Mulberry, needed to underground existing overhead electric services. '
Monetary consideration: $10.
C. Powerline Easement from Thomas T. Tucker and Harry A. Tucker, 329-329'/2
East Olive, needed to install electric secondary vault to underground existing
overhead electric system. Monetary consideration: $64.
D. Quit Claim Deed from Bartran & Co., Inc., dedicating Tracts A and B in the
English Ranch, St. Filing, which are detention ponds that Storm Drainage has
agreed to accept and maintain, Monetary consideration: $ 10.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
179, 1993 forn•
March 1. 1996.
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Items on First Reading were read by title by City Clerk Wanda Krajicek.
1 �'.• 1' • I • • M MIT,. • M •• R pae off CM • i 1..1 1
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11. First Reading of Ordinance No 116 1995 Appropriating Unanticipated Revenue in the
General Fund for Police Services.
12. Items Relating to the Robert Shields Second Annexation and Zoning.
A. Hearing and First Reading of Ordinance No. 117, 1995, Annexing Property
Known as the Robert Shields Second Annexation.
B. Hearing and First Reading of Ordinance No. 118, 1995, Amending the Zoning
District Map Contained in Chapter 29 of the Code and Classifying for Zoning
purposes, the Property Included in the Robert Shields Second annexation to the
City of Fort Collins.
13. First Reading of Ordinance No. 119, 1995. Appropriating Unanticipated Revenues in the
' Transportation Services Fund and Authorizing the Transfer of Existing Appropriations
for the Vermont Bicycle/Pedestrian Underpass Project.
Councilmember Smith made a motion, seconded by Councilmember Apt, to adopt and approve
all items on the Consent Calendar, except Item No. 11. The vote was as follows: Yeas:
Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Staff Reports
Deputy City Manager Diane Jones and Police Chief Fred Ranged reported on proposed juvenile
intake and holding facility. Jones spoke of a recent meeting to gauge the level of interest in
establishing a facility where juveniles arrested in the various communities are temporarily held
until an assessment can be made regarding next steps. Those present agreed there is a need for
such a facility and decided to explore options to share the costs among the County and cities in
Larimer County. Chief Ranged spoke of the specifics of the proposal and stated the facility
would provide localized and standardized on -site assessments; a sited drop-off point; the
capability to do juvenile bonding; and a secure holding facility that would be open 24 hours a
day. Ranged stated the County estimated the 12-bed facility would cost $1.2M to build: —Jones
stated the elected officials attending the meeting asked the staff team to prepare some detailed
' information about costs, funding options and how these might be shared. The team intends to
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come back with a schedule and some information and will be sharing the information with
Council. The target is to make a decision by the end of the year.
City Attorney Roy introduced new Assistant City Attorney Carrie Mineart to the Council and
the community.
Policy and Special Projects Director Bruno spoke of United Airlines' decision to continue the
current level of service at the Fort Collins/Loveland Airport. He spoke of continued efforts to
interest other carriers in looking at service from the Airport.
City Clerk Krajicek spoke of Governance Committee discussion of the creation of a Charter
Review Committee which is one of Council's goals. She stated a resolution creating the
Committee is scheduled for Council consideration on December 5 and added the City's 27
Boards and Commissions have been asked to think about Charter review and include Charter
review in their 1996 workplans.
Councilmember Reports
Councilmember McCluskey commented on a Consent Calendar item that authorizes the City
Manager to enter into a transit agreement with the Southeast Employers Council. '
Councilmember Smith spoke of the Consent item approving the Vermont Bicycle/ Pedestrian
Underpass which connects Centennial Road to Timberline.
Councilmember Janett spoke of the Consent item relating to the authorization of funding for
Woodlands, an affordable housing project at the corner of Harmony and Shields. She stated the
City is utilizing HUD monies through the HOME Program.
Councilmember Apt stated the Growth Management Committee reviewed cost of services
information. The information will be presented to the Finance Committee and then be taken to
the community.
Mayor Azari spoke of the Riverfest '95 celebration to be held September 16 at Martinez Park.
She stated the City will be providing written testimony on the Poudre River Heritage Area bill
and added the City is working closely with the Colorado legislative delegation. She spoke of
the "Walk for HOPE" to be held on September 23. With regard to the youth holding facility,
Mayor Azari stated the question is whether there will be an adequate short term facility for
children in Larimer County. She suggested the facility be discussed during Other Business.
Mayor Azari reported on the Community Oriented Governance conference held in Westminster.
She stated the conference took the concept of community policing and integrated it into the
context of neighborhood development and community participation. She suggested Fort Collins '
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consider hosting a regional conference for the cities in northern Colorado. Mayor Azari asked
that Council discuss under Other Business the development of TEAM Fort Collins and the
City's involvement.
Councilmember Janett spoke of the photo radar demonstration projects that will be held in the
next 4-6 weeks. The demonstrations will be held in each of the six districts and will allow
neighbors to see how the photo radar works.
Resolution 95-130 Setting Forth the Intent of the
City of Fort Collins to Issue
Qualified Section 501(c)(3) Bonds for the
Rocky Mountain Aquarium Foundation, Inc., Project. Adopted as Amended.
The following is staff's memorandum on this item.
"Financial Impact
In issuing bonds for the Rocky Mountain Aquarium Foundation, Inc. (RMAF), the City would
not incur any costs or expenses in connection with the issuance of the bonds. The bonds would
' be payable from and secured by a pledge of revenues derived from the RMAF The bonds would
not constitute debt of the City. The City will receive a fee of 1116th of one percent of the value
of the projected outstanding annual debt of the project, consistent with the City's policies, to be
used for economic development purposes. The fee is dependent upon the final structure of the
debt service for the project and is estimated to be between $25,000 and $35 ' 000. There is a
$1, 000 fee imposed by the Cityfor bond issuance expenses. As a Section 501(c)(3) non-profit
corporation, RMAF may seek a waiver of this fee.
Executive Summary
The Rocky Mountain Aquarium Foundation, Inc. submitted an application to the City for an
Inducement Resolution in the amount of $18,000,000. RMAF is a non-profit Colorado
corporation formed in 1992. It is qualified as a Section 501(c)(3) exempt organization under
the Federal tax code. Because of its tax exempt status, issuance of these bonds would not be
subject to the City's private activity bond allocation cap. The group does not plan to seek
exemption from City sales and use taxes as a charitable organization under Chapter 25 of the
City Code.
Approval of the Resolution would indicate the City's willingness to issue tax exempt private
activity bonds so RMAF could create a freshwater aquarium complex (ecoplex) for the benefit,
education, and enjoyment of the public. RMAF desires to construct the facility on a 34 acre
' parcel of land located at Prospect Road and 1-25. This parcel is part of the 398-acre Resource
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Recovery Farm operated by the City of Fort Collins Water Reclamation Utility. RMAF has
proposed to lease the property from the City under a long term lease with a monthly lease
payment based on the number of visitors to the facility, with a minimum annual fee of $60,000.
$17,700,000 of the bond proceeds would be used to construct and equip the 120,000 square foot facility.
An additional $9,500,000 is expected to be committed by RMAF through private pledges for the facility.
RMAF plans to employ 73 people upon completion of the Project, with an annual estimated payroll of
$1,954,000.
RMAF presented its proposal to the Council Finance Committee on July 12. Committee members
expressed many concerns similar to those voiced by staff. In response to Committee concerns, staff
concluded that the project appeared to be relatively low in risk provided that bond documents and lease
agreements between the City and the RMAF are structured appropriately.
Section 11 of Resolution 95-130 has been added requiring a feasibility study of the project to be
completed prior to issuance of the bonds.
A public hearing is required by the federal Tax Equity and Fiscal Responsibility Act (TEFRA) as
amended and will be held at the time of the First Reading of the ordinance issuing the private activity
bonds. The hearing provides an opportunityfor members of the public to comment before the issuance '
of the tax exempt bonds.
BACKGROUND:
Project Budget and Use of Bond Proceeds
The estimated budget for the project is as follows:
Building and Fixtures $16,700,000
Capital Equipment 1,000,000
Issuance Costs 300,000
Total $18,000,000
The proceeds of the bond issue will be applied to these total estimated costs. In addition, RMAF would
expect to contribute $9,500,000 in additional capital to the project. These funds would come from
private and public sources, including grants and endowments.
The life of the bond is expected to be 20 years. The company estimates that the interest rate on the bonds
will be 6%. They project an annual debt service payment of $1,548,000. ,
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Economic Benefits to the City
Direct Benefits to the City
The project, when completed, will yield direct and indirect benefits to the Fort Collins economy.
One-time Sales and Use Tax:
Building permit use tax $250,500
Sales and use tax on equipment 30,000
Total one-time receipts $280.500
Annual Sales and Use Tax:
Local sales
$ 21,000
Gift shop sales
63,000
Food service sales
31,500
Sales tax on utilities
1,500
Payments in lieu of taxes
2,500
'
Sales tax on purchases
15,000
Total annual receipts
$119.500
Total direct benefits
$400,000
Additionally, the Foundation proposes to pay a minimum of $60,000 annually to the Water
Reclamation Fund for leasing the land at the site.
Indirect Benefits
It is estimated that 64% offish and plant product sales will be made locally while 36% of the products
will be sold outside the City of Fort Collins. It is projected that 90% of the aquarium's expenditures
will be made locally.
It is anticipated that the aquarium will employ 73 local residents. If it is assumed that 50% of the
payroll is spent locally, the City will receive an additional $29,000 in sales tax after 1997.
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Financial Feasibility and Debt Coverage from Preliminary Pro Forma September 5, 1995 '
Based on preliminary estimates, the debt coverage ratio ranges from 1.58 to 1.78. These coverages
assume a bond payment term of 20 years with an interest rate of 6.0%.
In addition to the coverage above, the bondholders will be secured by a letter of credit.
The group anticipates 600,000 visitors who will pay an $8.00 admission fee the first year. The
Oregon Coast Aquarium with a square footage of 40,000 draws 800,000 annual visitors.
Based on attendance at other aquariums, staff believes the attendance figures may be high. A
feasibility study of this project must be completed before bonds are issued.
Compliment to Existing Programs and Facilities
This project is consistent with adopted City policies regarding land use and zoning. The proposed
site lies within the Poudre River corridor and is highly compatible with existing and pending City
policy with regard to the river corridor. The structure will be designed with the site and backdrop
in mind and the outdoor areas will contain exhibits and interpretations of nearby natural features and
significant open -space areas. The facility will be designed and built with energy efficiency as a .
primary consideration. Hiking and biking trails will be included in the outdoor design.
Conclusion
This agenda item summary serves as an overview of the application. Staff has evaluated the
application and finds that it is consistent with the City's policies and guidelines for issuing private
activity bonds. The Criteria Evaluation sheet is attached for review. The project received 63 points
out of a possible 100 points.
Based on the evaluation of the project application, staff recommends approval of the inducement
resolution. "
Finance Director Alan Krcmarik stated the City received an application for tax exempt financing from
the Rocky Mountain Aquarium Foundation, a tax exempt foundation. He stated this was an $18M
request for the City's sponsorship but all liability would remain with the project. The site is owned
by the City and is known as the 400 acre Resource Recovery Farm located at Prospect and I-25. The
Foundation is interested in leasing about 34 acres. The facility would be about 120,000 sq. ft. and
would consist of a combination fresh water aquarium and aqua culture (fish farming) structure. The
facility would employ about 75 people with a projected payroll that is slightly above average in
Latimer County. After analysis, staff has concluded that the project represents relatively low risk to
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the City from a financial perspective, provided that the bond documents and the lease agreement can
be adequately structured.
Bill Manci, 506 Wabash, Vice -President of the Rocky Mountain Aquarium Foundation and private
sector aqua culture and fisheries consultant, provided project background and spoke of opportunities
the project would offer Fort Collins and the public at large.
Allen Harlow, Sweeney and Associates, commented on the site and presented a preliminary site
analysis diagram. He spoke of the match between the facility activities and functions of the aquarium
and ecocomplex to the specific site.
Steve Sweeney, architect with Sweeney and Associates, discussed the building concept and facility
design. He stated the intent is to design a facility that responds to a strong visitor education
experience while maintaining a well defined architectural image. He stated landscape architectural
features would play an important role.
Dave Dwyer, attorney representing the project, discussed financing for the project. He stated the
applicant is asking that an inducement resolution be adopted so the project can begin to look at the
financing options available. No money can be spent and be financed with the bonds if those
' expenditures are incurred prior to the City's adoption of an inducement resolution. There is a need to
determine if the project is financially feasible. He stated the bonds would need to be backed by a letter
of credit issued by a very credit worthy bank or by an insurance policy issued by a municipal insurance
company. Project representatives cannot begin to talk to financing people until it is known whether
the City would be interested in providing this type of credit enhancement. He asked that Council
adopt the resolution to allow the process to begin.
Councilmember Kneeland made a motion, seconded by Councilmember Wanner, to adopt Resolution
95-130.
Councilmember McCluskey asked if the Utilities were comfortable with this use of the water
reclamation area and if it prevents any future uses planned for the area.
Utilities Director Rich Shannon, replied that in terms of the City's current use for sludge disposal, the
City is attempting to phase off of the site. He added that Parcel B is the least productive in terms of
its farming capability. He stated the site plan is consistent with a conceptual plan developed by the
Utilities in conjunction with design consultants.
Councilmember McCluskey stated the Finance Committee expressed an interest in investigating the
possibilities and talked about the value of the land and the impact of the project on the water
reclamation division.
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Councilmember Kneeland stated much of the Finance Committee discussion focused on City liability
related to issuing the bonds. She stated the City's role is as a facilitator since it is the only entity that
can issue the bonds. The Committee felt more questions would be answered through the feasibility
study.
Krcmarik stated tax exempt financing (conduit financing) requires a sponsor. The City lends its ability
to issue the bonds but is precluded by federal law from assuming any financial liability. He stated a
default by RMAF would not have a direct effect on the City's bond rating. He stated adoption of the
inducement resolution does not mean commitment to the ultimate project. He stated there is still
opportunity for review of the projects by any of the City's Boards or Commissions.
Councilmember Janett expressed concern that this resolution was premature. She stated typically
when the City has excess land, it is either sold or used for other City purposes. She asked what the
City's policies say about competitive sale or leasing of property.
Krcmarik stated generally the first step is to offer the land to other City departments and if there is any
interest, sell it at the appraised value. Next would be an attempt to sell the land on a competitive
basis.
City Attorney Roy stated the Code requires that before the City sell or dispose of any interest in real '
property, there needs to be a finding by the Council that the proposed disposition is in the best
interests of the City. There is no formal requirement outside of the sale of SID property, that a
competitive process be used with regard to the disposition of property.
Councilmember Janett stated Section 10 of the resolution stated a public hearing will be held if
required by IRS regulations. She suggested deleting "if required" and requiring that a public hearing
be conducted.
Councilmember Kneeland expressed support for the inducement resolution. She spoke of the
opportunities to meet Council's goals in the areas of a learning community and education.
Councilmember McCluskey supported the proposal and stated the outstanding questions and concerns
will need to be answered before the bonds are issued.
Councilmember Wanner supported the project which is an unique opportunity if it passes the test of
feasibility and community acceptance.
Councilmember Janett stated she would be more comfortable having direction in the resolution that
requires the feasibility study to be reviewed by the appropriate boards and commissions and requires
the public hearing to be held.
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City Attorney Roy suggested an amendment to the resolution that would amend Section 10 by deleting
the introductory phrase "if required for purposes of complying with Section 141(f) of the IRS Code".
He suggested amending the Whereas clauses to read:
"Whereas, the Council has considered the proposal and believes that the economic,
recreational, education, and social benefits to be derived therefrom by the City may be
substantial; and"
Whereas, the Council believes the Project may be consistent with the goals and objectives
of the City; and
Whereas, the Council wishes to refer the question of the possible issuance of the bonds to
various boards and commissions of the City for their recommendations; and
Whereas, the Council wishes to proceed with passage of the resolution to indicate its
preliminary intent to proceed with financing."
Councilmember Janett stated she would like the City's policies on the disposition of property to be
considered because Council has a fiduciary responsibility to make sure the City's assets are best used.
Mayor Azari suggested that direction be given separately under Other Business.
Councilmembers Kneeland and Wanner accepted City Attorney Roy's language as a friendly
amendment to their original motion to adopt Resolution 95-130.
The vote on Councilmember Kneeland's motion to adopt Resolution 95-130, as amended, was as
follows: Yeas: Councilmember Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays:
None.
THE MOTION CARRIED.
Resolution 95-131
Making Finding of Fact
Regarding the Appeal of the Decision of the P&Z Board
to Overturn City Staffs Decision to
Approve an Administrative Change for the
Woodlands Condominiums PUD, Second Filing, Adopted.
The following is staff's memorandum on this item.
"Executive Summaa
September 5, 1995 '
On July 10, 1995, an appeal of the June 26, 1995 final decision of the Planning and Zoning Board
to overturn City Staffs decision to approve an administrative change for the Woodlands
Condominiums P. U.D., Second Filing was filed by Appellant Kaufman and Broad Multi -Housing
Group, lnc.
On August 22, 1995, City Council voted 5-1 to overturn the decision of the Planning and Zoning
Board. In order to complete the record regarding this appeal, the Council should adopt a Resolution
making findings of fact and finalizing its decision on the appeal.
BACKGROUND:
The appellants' notice of appeal was based on allegations that:
"The Planning and Zoning Board failed to properly interpret and apply relevant
provisions of the Code and Charter; "
"The Planning and Zoning Board failed to conduct a fair hearing in that it
exceeded its Jurisdiction as contained in the Code and Charter." '
At the August 22, 1995 hearing on this matter, Council considered the testimony of City staff, the
appellant, the attorney for the appellant, and opponents to the appeal. After discussion at this
hearing, Council determined that the Board did not properly interpret relevant provisions of the City
Code and Charter. The appellant withdrew the allegation that the Board failed to conduct a fair
hearing. City Council determined to overturn the decision of the Planning and Zoning Board. "
Councilmember Apt withdrew from discussion and vote on this item because he did not attend the
August 22 hearing.
Councilmember Smith made a motion, seconded by Councilmember McCluskey, to adopt Resolution
95-131. The vote was as follows: Yeas: Councilmembers Azari, Janett, Kneeland, McCluskey,
Smith and Wanner. Nays: None.
THE MOTION CARRIED.
NQ
September 5, 1995
Resolution 95-129
Making Findings of Fact
Regarding the Appeal of the P&Z Board Decision
Granting Approval of Woodland Park Estates Final PUD, Adopted.
The following is staff's memorandum on this item.
"Executive Summaa
On August 4, 1995 a Notice of Appeal was filed by parties -in -interest with respect to the July 24, 1995
decision of the Planning and Zoning Board approving Woodland Park Estates Final P. U.D. This
appeal was considered by Council on August 29, 1995.
At the August 29, 1995 hearing on this matter, Council considered the testimony of City staff, the
appellant, and the those opposed to the appeal regarding Woodland Park Estates Final P. U.D. In
subsequent discussion at this hearing, Council took two actions:
1. Council determined that the Board conducted a fair hearing, the Board did not fail to
receive all relevant evidence offered by the appellants, and that the Board did not
' substantially ignore its previously established rules of procedure.
'2. Council determined that the Board did not fail to properly interpret and apply relevant
provisions of the Code and Charter.
Consequently, the July 24, 1995 decision of the Planning and Zoning Board, approving,
with one condition, Woodland Park Estates Final P. U.D., was upheld. "
Councilmember Janett withdrew from discussion and vote on this item because she did not attend the
August 29 hearing.
Councilmember McCluskey made a motion, seconded by Councilmember Apt, to adopt Resolution
95-129. The vote was as follows: Yeas: Councilmembers Apt, Azari, Kneeland, McCluskey, Smith
and Janett. Nays: None.
THE MOTION CARRIED.
'Ordinance No. 116,1995, Appropriating September 5, 1995
Unanticipated Revenue in the General Fund
for Police Services, Adopted on First Reading.
The following is staff's memorandum on this item.
"Executive Summary
The City of Fort Collins has received a Department of Justice grant totaling $225,000 over a three
year grant period. This item appropriates $75, 000 first year grant funds) in the General Fund for
Police Services for the COPS AHEAD Grant. Subsequent years appropriations will be included as
part of this grant. The matching funds are available to the Police Services budget. A breakdown of
the funding follows:
FEDERAL LOCAL TOTAL
SHARE SHARE
Year 1 $ 75,000 $ 47,940 $122,940
Year 2 75,000 64,626 139,626
Year 3 75.000 76.218 151.218 '
Total $225,000 $188,784 $413,784
Police Services has been awarded a grant totaling $225,000 from the U.S. Department of Justice
under the COPS AHEAD program. This grant is in effect for three years and will provide partial
funding for three additional police officers. The balance of the funds necessary to fully finance the
officers is available in the 1995 approved Police Services budget, the 1996 proposed budget and will
be included in the 1997 Police Services budget.
The grant money has been made available from the 1994 crime bill and focuses on Community
Oriented Policing. The three officers hired under the COPS AHEAD grant will be assigned to the
Downtown/Old Town area. These officers will engage in all areas of community policing. They will
conduct foot patrols of the area, meet with merchants and residents to identify problems and issues
and work the merchants, residents, city departments and others to devise strategies for addressing
problems. As part of this program, Police Services would like to open a Storefront Community Police
Office in the downtown area from which the officers would work. The grant funds will allow Police
Services to begin implementation of the Downtown Community Oriented Policing program with
financial assistance from the federal government. After the grant expires, Police Services will become
responsible for the financing the continuation of the program, pending an analysis and evaluation of
the program's success in reaching its goals.
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September 5, 1995
Councilmember Smith asked Chief Rainguet about the long term effects of creating these three police
positions to be used in the downtown area.
Chief Rainguet replied that one police officer and one police detective are included in the City
Manager's proposed 1996 Budget. The presidential program called "COPS AHEAD" places three
officers in the downtown to enact a new style of policing to work with the community to solve
problems. He stated the addition of the three officers will give Police Services more traffic
capabilities and more narcotics capabilities in the downtown. It will also free up officers for responses
to neighborhood calls or traffic concerns in neighborhoods.
Councilmember Smith made a motion, seconded by Councilmember Kneeland, to adopt Ordinance
No. 116, 1995, on First Reading. The vote was as follows: Yeas: ' Councilmembers Apt, Azari,
Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None.
THE MOTION CARRIED.
Other Business
Councilmember Janett made a motion, seconded by Councilmember Apt, to direct staff to look at
other options for uses of the land at the Resource Recovery Farm, to include an analysis of potential
uses and the return on those uses to the City.
Councilmember Janett stated this 400 acre parcel at the intersection of Prospect and I-25 is one of the
last large parcels of land readily available for major businesses. She stated the City should proceed
cautiously with the use of the site and know what the options are before it is divided up into smaller
parcels.
The vote on Councilmember Janett's motion was as follows: Yeas: Councilmembers Azari, Apt,
Janett and Smith. Nays: Kneeland, McCluskey and Wanner.
THE MOTION CARRIED.
Mayor Azari asked that a resolution appointing Councilmember Kneeland to the CML Policy
Committee be scheduled for the September 19 meeting.
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The meeting adjourned at 9:15 p.m
ATTEST:
City Clerk
September 5, 1995
Adjournment
Mayor
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