HomeMy WebLinkAboutMINUTES-04/21/1992-RegularApril 21, 1992
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
21, 1992, 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, Edwards,
Fromme, Horak, Kirkpatrick, Maxey and Winokur.
Staff Members Present: Burkett, Krajicek, Roy.
Citizen Participation
Carolyn Duff presented award checks to the International Women's Week/Month essay
contest winners.
Mayor Kirkpatrick along with Phil Friedman, member of the Natural Resources
Advisory Board, presented plaques for the second annual Environmental Awards.
Gina Jannett, 620 Colorado Street, representing the Air Quality Task Force, and
Will Smith, representing the Natural Resources Advisory Board, reported on the
results of the "no drive" challenge. They invited Council to participate in a
' "no drive" challenge.
Rick Zier, representing the Fort Collins/Loveland Baseball Association, requested
a resolution endorsing and supporting the Association's efforts in obtaining a
Rookie Baseball League.
Barbara Allison, 1212 Lynnwood Drive, expressed concerns regarding electrical
inspections.
Citizen Participation Follow-up
Councilmember Fromme requested a two page memo regarding electrical inspections
and expressed interest in a "no drive" challenge.
Councilmember Azari requested a resolution putting the issue of the rookie
baseball league on the May 5 agenda.
Agenda Review
City Manager Steve Burkett requested that Item #19, Resolution 92-67 of the
Council of the City of Fort Collins Authorizing the City Attorney on Behalf of
the City of Fort Collins to File a Motion to Intervene in the Appeal Filed by Old
Town Partners 11 with the State Board of Equalization Denying a Reduction in
Assessed Valuation for Certain Old Town Properties, be pulled from the Consent
Calendar.
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Consent Calendar
This Calendar is intended to allow the City Council to spend its time and energy
on the important items on a lengthy agenda. Staff recommends approval of the
Consent Calendar. Anyone may request an item on this calendar to be "pulled" off
the Consent Calendar and considered separately. Agenda items pulled from the
Consent Calendar will be considered separately under Agenda Item #21, Pulled
Consent Items.
Consider approval of the minutes of the regular meeting of April 7.
Items relating to the Issuance of City of Fort Collins General Obligation
Water Improvement and Refunding Bonds.
Tabling of Second Reading of Ordinance No. 30, 1992, Authorizing the
Issuance of City of Fort Collins General Obligation Water
Improvement Bonds, Series 1992A.
Tabling of Second Reading of Ordinance No. 31, 1992, Authorizing the
Issuance of City of Fort Collins General Obligation Water Refunding
Bonds, Series 1992B.
In 1986, the City of Fort Collins issued General Obligation Water '
Refunding and Improvement Bonds in the amount of $33,030,000. The bonds
have been used to construct improvements to the water treatment facilities
and to acquire water rights. On February 18, Council unanimously adopted
Ordinance No. 31, 1992, which authorizes the refunding of the 1986 bonds,
provided that a 3% present value savings can be achieved.
On February 18, Council also unanimously approved Ordinance No. 30, 1992,
which authorized the issuance of new bonds to finance improvements to the
City's water treatment plant. The improvements include a back wash water
solids separation facility, three mixed -media sand filters, modification
and additions to the chemical storage and feed systems, a maintenance
facility, a new 60-inch outlet and connecting piping for one of the
existing 15 million gallon treated water storage reservoirs and other
miscellaneous improvements.
The two bond issues have been combined into one issuance process to save
legal, printing, and other costs of financing. However, interest rates
have not reached and will not reach the levels necessary to provide the
desired level of savings before April 21, 1992. Therefore, staff
recommends postponing consideration of both items under the next regular
Council meeting on May 5, 1992.
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Ordinance No. 144, 1991, authorized the Purchasing Agent to enter into a
lease purchase financing agreement with Public Finance Group Inc., at the
interest rate of 6.6715, for acquisition of vehicles and equipment. The
Purchasing Agent entered into a lease purchase agreement with Public
Finance Group Inc. on January 22, 1992. Public Finance was obligated by
the Lease Purchase Agreement to place $728,044 into the City's escrow
account on February 6, 1992. As of February 25, the money from Public
Finance had not been deposited in the City's escrow account. At that
time, the City formally notified Public Finance of the need to correct
this default. Public Finance then withdrew from the Lease Purchase
Agreement.
Consequently, the City has solicited new proposals from 10 firms for
lease -purchase financing for the City's vehicle, equipment and cable
requirements. The proposal meeting all City requirements and offering the
lowest net effective interest rate of 6.3422% was received, from SAFECO
CREDIT CO., INC.
' 10. Second Reading of Ordinance No. 47, 1992, Amending Section 29-678 of the
Code Relating to Reimbursements.
Under Section 29-678 of the Zoning Code, if a developer or other person
constructs a street through undeveloped property, then that person may
execute a reimbursement agreement with the City. This agreement states
that the City may try to collect the construction costs for the original
street builder when the undeveloped property applies for development
approval. The City would attempt to collect this street construction cost
and reimburse the original installer of the street, less a three percent
(3%) administration fee.
This Ordinance, which was unanimously adopted on First Reading on April 7,
changes the time limit that a developer has to apply for a reimbursement
agreement from ninety days to twelve months, allows redevelopment of a
property to trigger its obligation to repay street construction costs, and
specifies the information required to apply for a reimbursement agreement.
In 1991, the City created a money purchase program for active members of
the Fire Fighter's Pension Plan that desired to transfer. City staff
anticipated that the members remaining in the Fire Fighter's Plan would be
converted to individual annuity contracts during 1991. Monies in the plan
' were projected to be sufficient to acquire the annuities. Late in 1991,
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interest rates began to decline and the decision to purchase the contracts
was delayed. As this occurred after the budget was adopted, the City
entered 1992 without an appropriation to make monthly payments to the
retired members and beneficiaries of the Plan. This Ordinance, which was
unanimously adopted on First Reading on April 7, provides the expenditure
authorization for monthly payment to the beneficiaries of the Fire
Fighter's Plan. Staff will continue to monitor interest rates, obtain
annuity quotes, and implement the transfer to annuities when interest
rates allow. At that time the remaining funds necessary for the
conversion to the annuities will be requested.
The City of Fort Collins General Employees Retirement Plan (GERP) is
intended to provide retirement benefits for the majority of the City's
employees. As of January 1, 1991, the Plan had 664 active members, 130
terminated members with vested pension rights, and 86 retired members.
Over the past two years, the General Employees Retirement Committee
(GERC), with assistance from legal counsel and the Plan's actuary,
identified and studied a number of changes to the Plan. The changes
clarify, explain, and redefine the Plan's provisions to conform to new '
Internal Revenue Service regulations, provisions of the Colorado Revised
Statutes, and otherwise incorporate certain administrative practices.
On April 7, Council unanimously adopted Resolution 92-56 Adopting the City
of Fort Collins General Employees Retirement Plan As Amended and Restated.
Given the number of changes that have been incorporated into the Plan in
1990 and 1992 and the changing environment of the pension field, the GERC
recommends conducting an educational and communication program. This
ordinance, which was unanimously adopted on First Reading on April 7,
provides funding of $4,500 for the first phase of the communication
program.
The library system must be replaced within the next two years. Money
appropriated in 1990 does not cover project costs. Staff is requesting an
additional $236,000 for implementation. This Ordinance, which was
unanimously adopted on First Reading on April 7, authorizes the financing
by lease -purchase.
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14.
The developer of the Kinder Care site at 1100 Rocky Mountain Way entered
into an agreement with the City for the improvement of the 127 foot
section of Shields Street adjacent to its site. The City completed these
improvements in conjunction with the Choices 95 capital project, Shields -
Davidson to Casa Grande. At the time the street improvements were
completed, the City requested reimbursement from Kinder Care in the amount
of $9,976, which was the amount of the developer's share of the
improvement costs. Kinder Care has paid this amount.
Normally, this appropriation would be included in the annual clean up
ordinance at the end of the year. However, because the City plans to
complete the Shields -Davidson to Casa Grande project this summer with the
construction of a traffic signal at Rocky Mountain Way, and wishes to
apply any project savings to other capital projects, it is necessary to
appropriate the unanticipated revenue from the Kinder Care reimbursement
at this time.
15.
Conceptual design is nearly complete for a combination of three Choices 95
projects --the Prospect/Shields and Prospect/Taft Hill Intersections, and
Prospect from Shields to Taft Hill. The conceptual design reflects the
input received from the public and from City staff through an extensive
public participation process. The conceptual design proposes four through
lanes and left and right turn lanes at the two intersections to improve
traffic capacity. The design also proposes widening Prospect from Shields
to Taft Hill to provide four through lanes, a continuous center turn lane,
on -street bicycle lanes, curb, gutter and sidewalk.
16.
This Ordinance will vacate excess right-of-way for the extension of
Southridge Greens Boulevard south across Southridge Golf Course and into
the Paragon Point P.U.D.
17.
The applicant, Lester Kaplan, on behalf of the property owner, Harold
' Webster, has submitted a written petition requesting annexation of 91.0353
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all
acres located west of County Road No
(County Road No. 40).
April 21, 1992
9 and north of East Horsetooth Road
The proposed Resolution makes a finding that the petition substantially
complies with the Municipal Annexation Act, determines that a hearing
should be established regarding the annexation, and directs that notice be
given of the hearing. The hearing will be held at, the time of first
reading of the annexation and zoning ordinances.
Adoption of the Resolution would result in the City receiving income from
grazing fees for Meadow Springs Ranch. At the agreed upon rate of $11.00
per animal unit per month, the lease should generate gross revenues of
$65,000 to $75,000 in 1992.
Old Town Associates, Ltd., (the "previous owner") the previous owner of
properties in Old Town, entered into agreements with the DDA wherein
certain improvements would be constructed at a cost of not less than eight
million one hundred five thousand eight hundred forty-eight dollars
($8,105,848). The previous owner agreed to certify this amount to the
Larimer County Assessor and to consent to establishing the assessed value
of such improvements on that amount. These improvements were financed
through the issuance by the City of Fort Collins of DDA tax increment
bonds which were to be repaid by the tax increment generated by the
previous owner's property.
Routine Deeds.
Easements from Harmony Road Corporation needed for Shields Street
storm drainage and trail. Monetary consideration: Donation.
Items on Second Reading were read by title by City Clerk Wanda Krajicek.
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9.
10. Se
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11. Se
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12. Se
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Items on First Reading were read by title by City Clerk Wanda Krajicek.
' 14. Hearing and First Reading of Ordinance No 51 1992 Appropriating
Unanticipated Revenue in the Capital Projects Fund for the Shields-
15.
16.
Councilmember Edwards made a motion, seconded by Councilmember Azari, to adopt
and approve all items not removed from the Consent Calendar. Yeas:
Councilmembers Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur.
Nays: None.
THE MOTION CARRIED.
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Resolution 92-67
of the Council of the City of Fort Collins
Authorizing the City Attorney on Behalf of
the City of Fort Collins to File a Motion
to Intervene in the Appeal Filed by Old Town
Partners II with the State Board of
Equalization Denying a Reduction in Assessed
Valuation for Certain Old Town Properties, Adopted
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
Old Town Partners II is requesting a reduction in the assessed valuation for its
property in Old Town. The County Assessor established an actual valuation of
$4,201,500. The appeal is believed to request a reduction to an amount between
$1.5 million and $2.2 million.
A reduction in the assessed value of the Old Town Partners II Project would
decrease the tax increment paid to the Downtown Development Authority (the "DDA")
by $50,000 to $70,000 annually. Due to the debt service savings resulting from
the recent tax increment bond refunding, the DDA's ability to pay debt service
from tax increment is not in question, however, the number of projects that the '
DDA will be able to do in the future may be reduced.
The larger financial concern regarding a successful appeal is the precedent that
it may set for other properties, not only in the Downtown but in all areas of the
city.
The projected cost of the DDA and City in intervening in the appeal is a total
of $14,000 to $18,000 which would be split equally between the two parties.
EXECUTIVE SUMMARY
Old Town Associates, Ltd., (the "previous owner") the previous owner of
properties in Old Town, entered into agreements with the DDA wherein certain
improvements would be constructed at a cost of not less than eight million one
hundred five thousand eight hundred forty-eight dollars ($8,105,848). The
previous owner agreed to certify this amount to the Larimer County Assessor and
to consent to establishing the assessed value of such improvements on that
amount. These improvements were financed through the issuance by the City of
Fort Collins of DDA tax increment bonds which were to be repaid by the tax
increment generated by the previous owner's property.
Problem
Old Town Partners II, (the "current owner") has petitioned the County Board of
Equalization to reduce the assessed value of the property thereby reducing the '
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amount of tax increment paid annually to the DDA. The Board denied the request,
but the matter has been appealed to the State Board of Assessment Appeals .
Preliminary estimates indicate that the proposed reduction in assessment could
mean a tax increment revenue loss of $70,000 per year in the monies used to pay
the debt service on the bonds issued to finance the improvements made to the
property. Any deficiency in tax increment revenues would have to be made up from
sales tax revenues.
A reduction in value for this property could set a precedent which could be
followed by other property owners within the district and throughout the City,
for if property in the DDA is revalued, other property in the rest of the City
could follow. This would decrease property tax revenues for the City, the Poudre
Fire Authority and other government agencies.
City Options
Under both the State Administrative Procedures Act and the rules of the Board of
Assessment Appeals, a person who may be affected or aggrieved by agency action
may, at the Board's discretion, be admitted as a party and participate in the
appeal. The DDA Board has approved a resolution authorizing its legal counsel
to file a motion to intervene in the pending appeal. The motion to intervene has
been filed. The DDA has requested that the City file a similar motion so that
' the City could present testimony on behalf of the City regarding the impact of
a reduction in assessed value. Staff recommends that the resolution be approved
so that the City can be given status as a party to this action."
City Manager Steve Burkett stated the owners of Old Town Plaza have filed an
appeal on the assessed value of the property, and urged Council to adopt the
resolution, noting the resolution authorizes staff to intervene if necessary and
that there is a tentative agreement to settle the issue.
Councilmember Azari made a motion, seconded by Councilmember Winokur, to adopt
the revised version of Resolution 92-67.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Staff Reports
Mayor Kirkpatrick gave an update on activity regarding the National Heritage
Area.
Councilmember Winokur reported he would be attending a U.S. Forest Service
Legislative Affairs, meeting in Washington D.C. and would bring back any
information available regarding the National Heritage Area.
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Resolution 92-66
Amending Resolution 91-85 Concerning
the 1991-92 CDBG Program's Putnam/Fullana
Playground Acquisition Project, Adopted
The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
In June 1991, the City Council adopted Resolution 91-85 which approved the
allocation of $25,000 of FY 1991-92 Community Development Block Grant (CDBG)
funds to the Putnam-Fullana PTO for a "Playground Acquisition Project." On
November 25, the PTO assigned its rights to the CDBG funds to the Poudre R-1
School District. This assignment was made in anticipation that the School
District would be the owner of the property. On December 3, the Council adopted
Resolution 91-160, authorizing delivery of the $25,000 for land acquisition and
equipment purchase to the School District in lieu of the Putnam-Fullana PTO. On
February 21, 1992, the School District forwarded a letter to the City requesting
that the CDBG funds be used just for purchasing playground equipment, eliminating
the land acquisition portion of the project. The requested change is due to the
cutback in State funding for the District which has caused the District to change
certain priorities. The attached resolution would amend Resolution 91-85
changing a land acquisition project to a playground equipment purchase project. '
The CDBG Commission recommends denial of the requested change and recommends the
funds be reprogrammed.
BACKGROUND:
In June 1991, the City Council adopted Resolution 91-85 which approved the
allocation of $25,000 of FY 1991-92 Community Development Block Grant (CDBG)
funds to the Putnam-Fullana PTO for a Playground Acquisition Project. The PTO
proposed using the funds for the acquisition of a 276 x 135 foot vacant lot
(about .85 of an acre) adjoining the east boundary of the Putnam School athletic
fields. The project also contemplated, if excess funds permitted, the purchasing
of additional playground equipment. The acquisition of property was to be used
to expand the school's playground and athletic fields for neighborhood and
community use.
On November 25, the PTO assigned its rights to the CDBG funds to the Poudre R-1
School District. This assignment was made in anticipation that the School
District would be the owner of the property. On December 3, the Council adopted
Resolution 91-160, authorizing delivery of the $25,000 for land acquisition and
playground equipment purchase to the School District in lieu of the Putnam-
Fullana PTO.
On February 21, 1992, the School District forwarded a letter to the City, copy
attached, requesting that the CDBG funds be used just for purchasing playground '
equipment, eliminating the land acquisition portion of the project. The
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requested change is due to the cutback in State funding for the District which
has caused the District to change certain priorities.
On March 10 staff forwarded a memorandum to the Council and the CDBG Commission
concerning the School District's request. Several CDBG Commission members
contacted staff and indicated that they were not comfortable with the proposed
change and requested the issue be discussed by the entire Commission.
We believe the revised project will continue to meet CDBG criteria.
CDBG COMMISSION RECOMMENDATION:
On Thursday Apri 1 9, the CDBG Commission discussed the proposed change in the use
of funds requested by the School District. The Commission voted 9-0 to recommend
denial to the Council of the requested change from a land acquisition to a
playground equipment purchase project. The Commission recommends the funds be
reprogrammed and that the School District be allowed to make an application for
the purchasing of playground equipment during the next program year. The
Commission believes the request represents a significant change in the scope of
the project and should be evaluated in comparison with other applicants. The
Commission is against awarding CDBG funds for a specified purpose and then having
the specified purpose change in mid -year to another project. A copy of the
' Commission's minutes is attached.
If Council decides to uphold the CDBG Commission recommendation, the Council
should not approve the resolution."
Planning Director Ken Waido gave a presentation on this item.
Councilmember Horak made a motion, seconded by Councilmember Winokur, to adopt
Resolution 92-66.
Jim Sandoval, Poudre R-1, outlined the circumstances that preceded the
Resolution. He reported an offer was not made on the property due to unresolved
legal issues and federal regulations regarding access to the property.
Councilmember Winokur questioned if federal regulations on the purchase of
equipment would apply as they do for the purchase of property.
Mr. Sandoval clarified the same regulations do apply but felt controlling the
accessibility would be easier during the day. He spoke of the shortfall in
School District funding.
Tom Daugherty, CDBG Chairperson, stated that in fairness to other applicants the
project should be reviewed for reconsideration in the 1992-93 cycle in its
present form to allow the Commission time to prepare a recommendation to Council
based on the other projects.
' Mike Lohman, member of the Putnam Park Committee and the Putnam PTO, reported on
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'
recent fund raising events to raise money for the equipment. He spoke of land
acquisition funding concerns.
John Cross, Putnam PTO member, urged Council to support the Resolution and stated
the purchase of the equipment was as important as the acquisition of the property
in the overall plan.
Bill Miles, Principal of Putnam/Fullana, spoke of HUD funding regulations and the
need for development of a park in the area. He urged Council to adopt the
Resolution.
Jan Eley, parent from the Putnam/Fullana area, spoke of the lack of park area in
the Northwest neighborhoods and asked Council to support the Resolution.
Ann Geer, Playground Committee member, spoke in support of the Resolution.
Tammy Carlson, a Putnam parent, spoke of overall enthusiasm for the park and
urged Council to support the Resolution.
Barbara Allison, 1212 Lynnwood Drive, spoke in opposition to the Resolution.
Chief Planner Ken Waido clarified the majority of the funding was for the
acquisition of the land and excess funds would be used toward the purchase of
playground equipment.
'
Councilmember Azari questioned the PTO's relationship with the School District
in creating a combination playground/community area.
Mike Lohman stated the District and the PTO's concept is to create and maintain
the location as a community park.
Jim Sandoval clarified that Poudre R-1 would be maintaining the property.
Tammy Carlson, a Putnam parent, reported on the amount of money raised by the PTO
committee.
Councilmember Edwards inquired if Council had appropriated funds for a similar
project at a different location.
Councilmember Azari spoke of investigating different funding sources and forming
a three way partnership between HUD, the School District, and the City to develop
the park site.
Councilmember Horak supported the Resolution and commended the work of the PTO.
He stated it was important to investigate various possibilities for the
acquisition of the land.
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Councilmember Azari stated she would support the use of CDBG funds for purchasing
the equipment provided a three way development of the property would continue to
create an improved situation in the neighborhood.
Councilmember Edwards spoke in opposition to the Resolution.
Mayor Kirkpatrick stated she supported the Resolution and spoke of the need to
acquire the property.
The vote on Councilmember Horak's motion to adopt Resolution 92-66 was as
follows: Yeas: Councilmembers Azari, Fromme, Horak, Kirkpatrick and Winokur.
Nays: Councilmembers Edwards and Maxey.
THE MOTION CARRIED.
Resolution 92-68
Establishing Policy for Time Payment
of Wastewater Plant Investment Fees, Failed.
The following is staff's memorandum on this item.
"FINANCIAL IMPACT
' The number and size of time payment loans is expected to be relatively small.
It is anticipated that there would not be more than about two businesses in a
typical year using time payments to pay 75% of PIFs ranging from $9,000 to
$31,000 each. However, the potential exists for a large industry with high
strength wastewater to come to Fort Collins as was the case with Anheuser-Busch.
Therefore, the financial impact on the Wastewater Utility would not be
significant.
EXECUTIVE SUMMARY
In February, 1991, the City Council unanimously adopted Ordinance No. 8, 1991
which raised the wastewater plant investment fees (PIFs) for non-residential
customers. The increase was based on a cost -of -service study conducted by staff
in conjunction with James M. Montgomery Engineers.
The ordinance made two major changes to the wastewater plant investment fee
structure. First, the charge for a commercial discharger with a 314 inch water
tap was increased as compared to the charge for a residential discharger with a
314 inch tap. This was done because the study showed that commercial customers
discharge an average of 44% more wastewater than residential customers. Second,
for those industrial dischargers with a high strength discharge, an additional
surcharge was added to compensate for the additional costs of treating high
strength wastewater,
Letters were sent to fourteen developers, realtors and community organizations
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informing them of the proposed ordinance change. Fort Collins, Inc. expressed
concern about the increases and as a result, a provision was included in the
ordinance to allow for a time payment policy if established by the City Council.
Council asked that staff prepare a time payment policy for consideration,
resulting in this resolution.
The need to adopt a time payment policy for PIFs was considered by both the Water
Demand Management Committee and the Wastewater Master Plan Committee. The Demand
Management Committee did not recommend time payment of water PIFs because the
increase was comparatively small and the Committee believed that time payment
should be considered in the context of all development fees, not just PIFs.
The Wastewater Master Plan Committee recommended that a time payment policy be
adopted for wastewater PIFs because increases were more substantial, particularly
for high strength dischargers. The Committee endorsed the cost of service basis
for the PIFs, but believed that having a time payment option available would
reduce the impact on potential new businesses wanting to develop in Fort Collins.
The time payment option would apply to those businesses with a water tap that is
I and 112 inches or larger and with a PIF of $9,100 or more.
The Committee recommended that a 25% down payment on the wastewater PIF be
required at the time the permit is issued, that the term of the loan be limited
to five years, and that the interest rate should be 4% above the prevailing prime '
rate. The 4% above prime rate was intended to discourage competition with
private lenders since local banks charge between 3 to 3-112 percent above prime.
An executed promissory note from the customer would be required before the loan
is authorized and, the City may require a deed of trust secured by a promissory
note on the real property to be served by the sewer tap. Monthly installment
charges will be included on the monthly utility bills and the water could be
turned off if payments become delinquent.
The Water Board considered the time payment option at its January 17 meeting and
is recommending that Council adopt the policy. The vote was 7-3 and the minutes
of the meeting are attached.
Staff Concerns:
This resolution was developed in response to a request from Council as a possible
economic development incentive. Implementing a time payment for wastewater PIFs
does not help the operation of the Wastewater Utility. Conversely, it would not
be particularly cumbersome or costly to administer.
However , staff has some concerns as to whether the decision to serve as the
"banker" for this particular development fee should be made in isolation from the
remaining city development fees. Secondly, additional information should
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probably be gathered from the customers to verify that this is a service that is
needed and would be used. This is especially true if the service is expected to
eventually apply to other development fees.
There are legitimate reasons to provide this service if the Council believes it
is an important feature to include in the City's overall economic development
policy. However, certain liabilities exist if this is a precedent for time
payments of other development fees, such as street oversizing or storm drainage.
While not exactly the same, the liabilities are similar to those associated with
Special Improvement Districts. As has been seen, the fact that fees or
assessments may be collectible through a Lien on a piece of property does not
mean that payments are easily collected. In a worse case situation, a developer
committed to make the time payments could default, leaving the City in the
awkward position of deciding whether or not to turn off the water and wastewater
service to the tenant, foreclose the lien, etc.
Options:
There appear to be several options the Council could pursue:
1) Pass the time payment proposal as submitted (Resolution 92---J. This
would impact only the Wastewater Plant investment fee and would leave open
the option of developing similar policies for other development fees at
some point in the future if deemed necessary.
2) Do not pass the proposed policy. This would send a message that Council
does not believe this is a service that the City wants to provide at this
time.
3) Council discussion -- no action at this time. Incorporate into the Costs
of Development item on the Council Work Plan. This would allow the
decision to be put in context with other development fees. It would also
provide a better forum for the customers and other impacted parties to
discuss the value of providing this type of service.
CONCLUSION:
This is not an item about which the City staff feels strongly one way or the
other at this time. In itself, permitting time payments to be made for
wastewater plant investment fees would not have a significant impact on the City
finances or its work load. Staff would feel differently, however, if this
proposal is viewed as setting a precedent for other development fees. In the
final analysis, staff is relatively comfortable with all three of the options
listed above. However, Option 3 is recommended."
Utilities Director Rich Shannon gave a presentation on this item and outlined the
options.
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City Manager Steve Burkett offered a fourth option for Council's consideration
which would amend the Resolution. deleting the adoption of the procedure. He ask
Staff to bring back procedures within a month for Council approval in order to
allow time to work with the Finance Staff to develop the procedures.
Councilmember Azari made a motion, seconded by Councilmember Maxey, to adopt
Resolution 92-68 deleting the 5th WHEREAS paragraph, and adding a sentence in the
NOW THEREFORE clause to read, "the City Manager is directed to submit for Council
approval, by May 19, 1992, proposed procedures to implement this policy."
Councilmember Winokur questioned if Wastewater Utility Funds would be used to pay
for the program.
Mr. Shannon clarified that "in -kind" services would be used in the administration
of the program.
Councilmember Azari clarified that PIF's were created only as an option and not
created for all businesses to use.
Councilmember Horak stated if there was a need for the program it should be
incorporated outside of the utility structure into an economic development fund.
Councilmember Fromme emphasized the need to help local businesses and opposed '
creating incentives that would attract new businesses to Fort Collins.
Councilmember Maxey clarified PIF's would also apply to existing businesses
relocating within the City.
Councilmember Winokur spoke of fee waiver policies and stated he supported the
staff recommendation.
Mayor Kirkpatrick spoke in opposition to the Resolution but stated she would like
to retain it as an option for the Cost of Development Study.
The vote on Councilmember Azari's motion to adopt Resolution 92-68 as amended was
as follows: Yeas: Councilmembers Azari and Maxey. Nays: Councilmembers
Edwards, Fromme, Horak, Kirkpatrick and Winokur.
11211=N12141a y, litla
Resolution 92-71
Assigning a Councilmember as Liaison
to the Cultural Resources Board and Appointing
a Councilmember to the Health and Safety Committee, Adopted.
The following is staff's memorandum on this item.
02
April 21, 1992
"EXECUTIVE SUMMARY
Mayor Pro Tem Azari has requested that a Councilmember be selected to replace her
as the liaison to the Cultural Resources Board. Mayor Kirkpatrick has requested
that a Councilmember be selected to replace her as a member of the Health and
Safety Committee.
Resolution 91-100, adopted by Council on July 2, 1991, establishes a policy for
making such interim appointments as necessary. This Resolution will appoint two
Councilmembers to serve until such time as new appointments are made."
Councilmember Maxey made a motion, seconded by Councilmember Winokur, to adopt
Resolution 92-71 inserting the name of Dave Edwards.
The vote on Councilmember Maxey's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 92-72
Making Appointments to
the Transportation Board. Adopted.
' The following is staff's memorandum on this item.
"EXECUTIVE SUMMARY
At its March 3, 1992 meeting, Council adopted on second reading Ordinance No. 29,
1992 creating the Transportation Board. The Board's duties are to advise the
City Council on matters pertaining to the City's transportation policies and
system including, but not limited to, transportation planning, alternative modes
planning (including bikeways, pedestrian facilities, transit, air trans-
portation, and van and car pooling), capital improvement projects, downtown
parking management, and other transportation issues as identified in the Board
work plan. Additionally, the Board will review the City's interaction with
federal, state and county government, as well as the North Front Range
Transportation and Air Quality Planning Council, Colorado State University, and
Poudre R-1 on transportation related issues. The Board will coordinate its
policy review with other appropriate City boards and commissions as needed. This
coordination is intended to provide an integrated review of transportation issues
as they relate to other policy areas such as air quality, natural resources and
land use. The Board will ensure that an element of its policy review will
include appropriate community input.
Following creation of the Board, advertisements were placed. Councilmembers
Fromme and Horak conducted interviews and are recommending the following
individuals be appointed to the Board to serve terms as indicated below:
'
299
April 21, 1992 '
Name Expiration of Term
Mike Egeland
July
1,
1994
Paul Valentine
July
1,
1994
Sharone Mekelburg
July
1,
1994
Sara Frazier
July
1,
1995
Mike Poppenwimer
July
1,
1995
Jim Reidhead
July
1,
1995
Elizabeth Hudetz
July
1,
1996
David Lemesany
July
1,
1996
Colin Gerety
July
1,
1996"
Councilmember Horak made a motion, seconded by Councilmember Fromme, to adopt
Resolution 92-72.
Councilmember Fromme gave a report on the candidate selection process.
Pete Salg, Chairman of the Legislative Affairs Committee of the Chamber of
Commerce, urged Council to create an equal balance of candidates in the Boards
and Commissions appointment process.
Councilmember Maxey stated he opposed the composition of the Transportation Board
appointees. '
Councilmember Maxey made a motion to table Resolution 92-72.
MOTION FAILED DUE TO LACK OF A SECOND.
Councilmember Horak stated if Councilmembers have certain expectations regarding
criteria of candidates for the Boards and Commissions appointments they need to
be discussed prior to the interview and appointment process.
Councilmember Fromme briefly spoke of the candidates enthusiasm in beginning work
on the project.
Councilmember Edwards stated he did not feel the candidates were equally balanced
and opposed 'the Resolution.
The vote on Councilmember Horak's motion was as follows: Yeas: Councilmembers
Azari, Fromme, Horak, Kirkpatrick, and Winokur. Nays: Councilmembers Edwards
and Maxey.
THE MOTION CARRIED.
OTHER BUSINESS
Councilmember Azari made a motion, seconded by Councilmember Horak, to continue '
development of a three way partnership in the Putnam area and to request a
300
April 21, 1992
revised workplan from the three members, those being the City, Putnam School
backed up by Poudre R-1 Administration, and the PTO, to acquire, develop and
maintain the playground park area concept.
Councilmember Azari spoke of her desire to acquire the land and said she was
impressed by the leadership and initiative of the people in the area.
Jan Eley, parent from the Putnam/Fullana area, spoke in support of the concept.
Councilmember Fromme supported the motion and commended the parents for their
involvement.
Councilmember Winokur supported the motion and requested that the proposed joint
partnership process be ongoing.
The vote on Councilmember Azari's motion was as follows: Yeas: Councilmembers
Azari, Edwards, Fromme, Horak, Kirkpatrick, Maxey and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Winokur made the following requests for two page memos: 1) The
opportunity and costs involved with televising Council Committee meetings, 2)
' registration of paid lobbyists, and 3) donations to the Senior Center. He spoke
of a memo that was recently received marked confidential and requested
information regarding grounds for the confidential status.
Councilmember Horak requested assistance from staff in analyzing information
received from Senator Schaeffer regarding the position he holds regarding Senate
Bill 117.
Councilmember Horak requested a worksession that would address expectations for
Boards and Commissions appointments prior to the interview process.
ADJOURNMENT
The meeting adjourned at 10:15 p.m.
ATTEST: yor
�`�City Clerk"r
301