HomeMy WebLinkAboutMINUTES-06/20/1989-RegularJune 20, 1989
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, June 20, 1989, at 6:30 p.m. in the Council Chambers in the City of
Fort Collins City Hall. Roll call was answered by the following
Councilmembers: Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and
Winokur.
Staff Members Present
A. Proclamations Re(
their efforts in
Drs. Murray and P
B. Proclamation nam
accepted by a DAV
Burkett, Krajicek, Roy
Citizen Participation
representative.
C. Proclamation naming July
accepted by Cathy Mulcahy,
D. Resolution 89-113 Exoress
service to the City as Mun
expressed his appreciation
qualified people.
were accept
on
acme was acceptea Dy ju
opportunity to have wo
Not uays
was
rks Month
was
ir.
Tobin for
his
dge Tobin,
who
rked with
many
"Resolution 89-113 of The Council of The City of Fort Collins Expressing
Appreciation and Gratitude to John J. Tobin for his Service to The City as
Municipal Judge."
Councilmember Mabry made a motion, seconded by Councilmember Maxey, to
adopt Resolution 89-113.
Mayor Winokur commented on the community's appreciation for the 37 years
that Judge Tobin had given the City.
The vote on Councilmember Mabry's motion to adopt Resolution 89-113 was as
follows: Yeas: Councilmembers Azari, Edwards, Kirkpatrick, Mabry, Maxey,
and Winokur. Nays: None. (Councilmember Horak out of the room)
THE MOTION CARRIED.
-312-
June 20, 1989
E. A presentation and brief overviaw of 1988 Comprehensive Annual '
Financial Statement (CAFR) was made by City Controller Dave Agee.
F. A presentation from the Poudre Fire Authority to Cable 27 staff was
made by Poudre Fire Authority representative, Glen Levy who presented
the "First Alarm" contest winner media awards to Cable 27 staff members
Michael Schultz and Michael Gitter.
Yolonda C. Nicely, 1625 Crestmore Place, expressed comments and complaints
regarding the trash in the streets. She requested Council take a
leadership position and educate the public on solid waste pollution.
Brad Edwards, 2828 Cherry Lane, commented on motorized transportation and
traffic counters at specific intersections and expressed concern about
unnecessary traffic signals. He commented on the extension of the trolley
route and spoke against the elimination of center median parking. He
commented on the Police Department policy for street blockage in emergency
situations.
William Kay, 310 Scott Avenue, expressed dissatisfaction about disabled and
unregistered vehicles belonging to his neighbor. He stated the vehicles
were parked on private property and on the street and asked for legislation
to restrict unregistered vehicles on city streets.
Agenda Review: City
Manager
'
Councilmember Kirkpatrick requested Item
#16, Nearing and
First Reading of
Ordinance No. 95, 1989, Appropriating Revenue in the Amount of $85,528 to
the General Fund for the Convention and
Visitor's Bureau
Contract (CVB),
Cultural Development and Programming Account and the
Maintenance and
Mitigation Account, be withdrawn from the
Consent Agenda.
Tom McKenna, 3500 Rolling Green Drive, asked that Item #12, Second Reading
of Ordinance No. 91, 1989 Amending Chapter 24 of the Code of Fort Collins
Relating to the Industrial Development Incentive Program, be removed from
the Consent Calendar.
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 be "pulled" off the Consent Calendar and considered separately.
Agenda items pulled from the Consent Calendar will be considered separately
under Agenda Item #25, Pulled Consent Items.
5.
-313-
June 20, 1989
6. Postponing of Consideration of Items Relating to New Note Partnership
'
First Annexation and Zoning.
A. Second Reading of Ordinance No. 40, 1989, Annexing Approximately
149.8 Acres Known as New Note Partnership First Annexation.
B. Second Reading of Ordinance No. 41, 1989, Zoning Approximately
149.8 Acres Known as New Note Partnership First Annexation, into
the IL Limited Industrial District, with a planned unit
development condition.
On March 21, Council adopted by a vote of 6-0 Resolution 89-59 Setting
Forth Findings of Fact and Determinations and also adopted by a vote
of 6-0 on First Reading Ordinance No. 40, 1989 and Ordinance No. 41,
1989 annexing and zoning approximately 149.8 acres, located east of
Hewlett-Packard and north of Harmony Road. The requested zoning is
the IL Limited Industrial District.
On April 4 at the request of the petitioner, Council voted 5-0 to
postpone consideration of these Ordinances on Second Reading until
this date. The petitioner has submitted a letter requesting that the
New Note and Koldeway Annexations be continued to August 1. Adoption
of the Consent Calendar will postpone consideration of this item until
August 1.
APPLICANT: New Note Partnership OWNER: Same
c/o Jack Blake, Managing Partner
P. 0. Box 429
Fort Collins, CO 80522
Postponing of Consideration of Items Relating to New Note Partnership
Second Annexation and Zoning.
A. Second Reading of Ordinance No. 42, 1989, Annexing Approximately
97 Acres Known as New Note Partnership Second Annexation.
Second Reading of Ordinance No. 43, 1989, Zoning Approximately 97
Acres Known as New Note Partnership Second Annexation, into the IL
Limited Industrial District, with a planned unit development
condition.
On March 21, Council by a vote of 6-0 adopted Resolution 89-60 Setting
Forth Findings of Fact and Determinations and also adopted on First
Reading by a vote of 6-0 Ordinance No. 42, 1989 and Ordinance No. 43,
1989 annexing and zoning approximately 97 acres, located west of I-25
and north of Harmony Road. The requested zoning is the IL Limited
Industrial District. t
At the request of the petitioner, on April 4,Council voted 5-0 to
postpone consideration of these Ordinances on Second Reading until
' this date. The petitioner has submitted a letter requesting that the
New Note and Koldeway Annexations be continued to August 1. Adoption
-314-
June 20, 1989
of the Consent Calendar will postpone consideration of this item until '
August 1.
APPLICANT: New Note Partnership OWNER: Same
c/o Jack Blake, Managing Partner
P. 0. Box 429
Fort Collins, CO 80522
A. Second Reading of Ordinance No. 44, 1989, Annexing Approximately
8.1 Acres Known as the Koldeway Annexation.
B. Second Reading of Ordinance No. 45, 1989, Zoning Approximately 8.1
Acres Known as the Koldeway Annexation, into the BP Planned
Business District.
On March 21, Council unanimously adopted Resolution 89-61 Setting
Forth Findings of Fact and Determinations and also unanimously adopted
on First Reading Ordinance No. 44, 1989 and Ordinance No. 45, 1989
annexing and zoning approximately 8.1 acres, located at the northwest
corner of I-25 and Harmony Road. The requested zoning is the BP
Planned Business District.
At the request of the petitioner, on April 4 Council voted unanimously '
(6-0) to postpone consideration of these Ordinances on Second Reading
until this date. The petitioner has submitted a letter requesting
that the New Note and Koldeway Annexations be continued to August 1.
Adoption of the Consent Calendar will postpone consideration of this
item until August 1.
APPLICANT: Arthur T. Koldeway OWNER: Same
6229 Co. Rd. 13
Loveland, CO 80537
Second Reading of Ordinance No. 87, 1989, Zoninq Harmony Half Acres
Annexation.
On May 16, Council unanimously adopted on Second Reading Ordinance No.
81, 1989 annexing Harmony Half Acres and unanimously adopted on First
Reading Ordinance No. 87, 1989 zoning Harmony Half Acres.
This is a request to annex and zone approximately 30.69 acres located
north of Harmony Road and west of Timberline Road. The requested
zonings are: (1)30.35 acres of R-E, Estate Residential District; and
(2) .34 acres of C, Commercial District with a PUD condition. This is
the annexation of an enclave area. The property is presently developed
residential with about 30dwelling units and two small businesses.
Existing commercial signs located on the property will have to conform '
-315-
June 20, 1989
10.
to the City's Sign Code at the conclusion of a five year amortization
period.
APPLICANT: City of Fort Collins
This Ordinance, which was unanimously adopted on First Reading on May
16, makes changes to the R-E Zone, including changing the defined
purpose of the district and changing bulk and area requirements of the
district in order to eliminate the problem of creating non -conforming
lot sizes when the City annexes existing larger lot county
subdivisions.
The Ordinance, which was unanimously adopted on First Reading on May
16, amends the Code of the City of Fort Collins to allow staff review
of sign proposals for historic buildings. The Landmark Preservation
Commission (LPC) has reviewed this matter, and supports the approval
of the amendment.
12. Second R
Code of
Program.
This Ordinance, which was unanimously adopted as amended on First
Reading on May 16, amends the Street Oversizing Fund Ordinance to
provide an exemption to eligible firms of all or part of the street
oversizing fee required of new or expanding developments. The goals
of this Industrial Development Incentive Program are to send a message
that the City supports a healthy business climate, to influence a
firm's decision to locate in Fort Collins, and to shape the quality of
economic growth. The program would provide an exemption of the street
oversizing fee up to a maximum of $50,000 for an eligible firm.
13.
A majority of property owners in the Boardwalk Special Improvement
District No. 77 requested that the City refund the bonds issued for
the District. The goal was to refinance the cost of the District and
extend the amount of time iin which the property owners would pay
assessments. Ordinance No. 170, 1988 was enacted by the Council in
December of 1988 for the purpose of meeting that goal. Because the
assessment payment record for the District was not well established,
' the City purchased the bonds for its own portfolio rather than market
them publicly.
-316-
June 20, 1989
14.
15.
16.
Bond Counsel has suggested requested that amendments be made to the '
refunding bond ordinance for Boardwalk SID #77. The changes will
identify more precisely the special assessments pledged for the
payment of the Boardwalk Special Improvement District No. 77 Special
Assessment Refunding Bonds. The amendments should be made prior to
the City's sale of the bonds to other investors if and when a decision
is made to remove the refunding bonds from the City's investment
portfolio.
In July of 1986, Council established the Arbor Plaza Special
Improvement District No. 88. This SID is located on the West side of
College Avenue at Harmony Road. This District was created to finance
the public improvements for the Arbor Plaza Shopping Center, P.U.D.
In accordance with Chapter 22 of the City Code, the City began the
closeout of this district with approval of Resolution 89-100 which
accepted the improvements and ordered a notice to be sent to property
owners informing them of the assessment. A public hearing date of
June 20, 1989 (at the regular City Council meeting) was set to hear
any objections from the property owners. All notice requirements have
been met. '
This Ordinance places an assessment against each property in the
district and outlines the procedure for collection. The assessment
amount for each property is listed in the assessment roll and includes
the cost of construction, engineering, formation and financing of the
district.
At the Worksession of May 23, staff presented Council with a number of
policy issues associated with implementation of the CHOICES 95
Program. One of the items discussed at that time was the viability of
utilizing $160,000 of current capital funding designed for the CHOICES
Program to begin some planning, engineering and right-of-way efforts
in 1989. Council directed that we bring this ordinance forward to
appropriate the funds recommended. Specific appropriations
recommended and included in the ordinance are as follows:
Senior Center Architectural and Professional Services $ 55,000
Indoor Pool Consultant Services 5,000
Design and Acquisition for Streets/Transportation Projects 100,000
-317-
June 20, 1989
Lodging tax receipts for 1988 were estimated to be $194,796 while the
actual receipts totalled $208,675. The initial 1989 budget
appropriation was calculated from estimated figure while the
disbursement is based on the actual 1988 receipts pending the year end
audit. This Ordinance, if adopted, would appropriate the additional
1988 Lodging tax receipts in the amount of $13,879 and would be
disbursed according to Council's previous direction:
Convention and Visitors Bureau 70% $ 9,715
(per current contract through 12/31/89)
Cultural Development and Programming 20% 2,776
Maintenance & Mitigation 10% 1,388
$13,879
Additionally, the Cultural Development and Programming Account, and
the Maintenance and Mitigation Account must appropriate carry-over
funds not allocated in previous years totalling $71,649 as follows:
Cultural Development and Programming $27,441
Maintenance & Mitigation Account 44,208
$71,649
17. Items Pertaining to a Transit Services Fund.
I"
Hearing and First Reading of Ordinance No. 96, 1989, Creating a
Transit Services Fund.
Hearing and First Reading of Ordinance No. 97, 1989, Authorizing
the Transfer of Appropriations from the Transportation Services
Fund to the Transit Services Fund.
The intent of the Transit Services Fund is to create a separate fund
which permits more effective financial management of revenues and
expenditures related to the City's transit services. Such a fund is
consistent with federal guidelines and requirements for transit
systems receiving federal funds. This action also transfers 1989
appropriations of $1,377,546 from the Transportation Services Fund to
the newly established Transit Services Fund. These appropriations
will lapse at the completion of the related federal grants, consistent
with Article V, Section 10 of the City Charter.
The Annexation Ordinance for the Jewett Annexation was adopted on
October 4, 1988. The Ordinance did not contain the standard clause
stating the City's consent to the inclusion of the annexed property
-318-
June 20, 1989
19.
20.
into the Municipal Subdistrict of the Northern Colorado Water I
Conservancy District (NCWCD).
This Ordinance gives the City's consent for such inclusion, which will
allow the NCWCD to petition the court for the inclusion of the Jewett
Annexation in the Municipal Subdistrict of NCWCD.
The Resolution would authorize the Purchasing Agent to enter into a
"Professional Services Agreement" with Robb, Brenner+Brelig, Inc. for
the Design Service of the Expansion of the Wood Street Service Center
- Phase I and Phase II.
In 1974, the City entered into an agreement with the State Board of
Agriculture concerning the furnishing of water and sewer service by
the City to Colorado State University. Since that time, the agreement
has been amended numerous times to adjust service fees as the City
rates change. Percentage rate adjustments for CSU correspond to rate ,
adjustments for all other customers served by the City. The proposed
amendment will increase CSU's water rate from f.95 to $.98 per 1000
gallons, or 3%. Rate adjustments for CSU are made effective July 1st
of each year to accommodate its budgeting cycle. The proposed
amendment to the agreement has been approved by CSU.
21. Resolution 89-116 Authorizing Signal Maintenance Contract With Larimer
County.
Larimer County does not have the technical staff required for traffic
signal maintenance. After the County failed to locate a local private
firm to perform this work, it asked the City of Fort Collins to
provide the service.
The City has, on an as -needed basis, assisted Larimer County with
signal maintenance. Staff believes that given the increase in
services, preventive maintenance and emergency repair should now be
conducted under a signal maintenance contract.
22. Resolution 89-
The property being considered for annexation has, for a period of not
less than three (3) years, been completely surrounded by property
contained within the boundaries of the City of Fort Collins. The
property being considered for annexation is approximately 4.2 acres in
-319-
June 20, 1989
' size and is located north of Harmony Road and west of the Union
Pacific railroad tracks.
23. Resolution 89-118 Findinq Substantial Comoliance and Initiatino
The owners have submitted a written petition requesting annexation of
approximately 7.5 acres located east of I-25 and south of Prospect
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 ordinance. Not less
than thirty days of prior notice is required by Colorado law.
24. Routine Deeds and Easements.
a. Easements for South College Heights 2nd Sewer Improvements.
(1) Easement from Clayton R. Hall and Janet Hall. Consideration:
$517.50 (based on residential lot sales - $18,000)
(2) Easement from George Ralph Guarini and Joy G. Guarini.
Consideration: $517.50 (based on residential lot sales
$18,000)
' (3) Easement from Glenn Christensen and Wilda Christensen.
Consideration: $766.80 (based on residential lot sales
$18,000)
b. Easement dedications from Oak Farm Inc. needed for the
construction of drainage, utility and access improvements
connected with the development of the Harmony Market PUD, Filing
1. Consideration: None.
c. Powerline Easement from Evelyn V. Law, Roscoe B. Law and Luise
Law, 1233 Maple, needed to underground streetlight service.
Consideration: $10
d. Powerline Easement from James M. Dwyer and Martha M. Dwyer, a/k/a
Martha Maude Dwyer, 2004-6 Spring Court & 113 Johnson Drive,
needed to underground existing overhead electric service.
Consideration: $937.50 (750 sq. ft. @ E1.25/sq.ft.)
e. Powerline Easement from Louis Brown, Jr. and Jeanise J. Brown, 304
North Howes, needed to underground existing overhead electric
services. Considerationr $10.
f. Powerline Easement from Edward Joseph Leo, Joseph Leo and Annabell
Leo, 1307 West Mountain Avenue, needed to underground existing
' overhead electric services. Consideration: $10.
-320-
June 20, 1989
g. Powerline Easement from Keith Erskine, 115 Jackson, needed to '
underground existing overhead electric services. Consideration:
$400 (based on a lot value of $20,000).
h., Deed from the Colorado State Department of Highways for the Right
of Access for the proposed new Corbett Drive access to Harmony
Road (State Highway No. 68) related to the Charter Hospital
development. Consideration: $1.
i. Easements needed for Spring Creek Storm Drainage Improvements.
The City is implementing drainageway improvements in the Spring
Creek Drainage Basin from College Avenue to west of the Burlington
Northern Railroad (B-N).
(1) Colorado State Board of Agriculture
-Easement for storm drainage improvements - $10 consideration.
-Easement for an existing sanitary sewer line - $10
consideration.
(2) Colorado State University Research Foundation
-Easement dedications for storm drainage improvements,
utilities and access.
Ordinances on Second Reading were read by title by Wanda Krajicek, City I
Clerk.
Item #6. A.
Annexation.
91
Item #7. A.
Annexation.
Item #8. A.
-321-
June 20, 1989
' B. Second Reading of Ordinance No. 45, 1989 Zoning Approximately
8.1 Acres Known as the Koldeway Annexation into the BP
Planned Business District.
Item #9.
Item #10. Second Reading of Ordinance No. 88, 1989. Amending Chanter 29 of
the Code Relating to the R-E, Estate Residential, Zoning
District.
Item #11. Second Reading of Ordinance No. 89, 1989, Amending Chapter 14 of
the Code of the City of Fort Collins Concerning the Review of
Sign Proposals Relating to Designated Landmarks.
Item #12. Second Reading of Ordinance No. 91, 1989 Amending Chapter 24 of
the Code of Fort Collins Relating to the Industrial Development
Incentive Program.
Ordinances on First Reading were read by title by Wanda Krajicek, City
Clerk.
Item #13. Hearing
and First
Reading
of Ordinance No.
92, 1989,
Amending
Ordinance No. 170,
1988
Regarding the Issuance
of
Boardwalk
'
Special
Bonds.
Improvement
District
No. 77 Special
Assessment
Refunding
Item #14. Hearing
and First
Reading
of Ordinance No.
93, 1989,
Assessing
the Cost
of Improvements
in the Arbor Plaza
Special Improvement
District
No. 88.
Item #15.
Item #16. Hearing and First Reading of Ordinance No. 95. 1989. Aooro-
Priating Revenue in the Amount of $85,528 to the General Fund for
the Convention and Visitor's Bureau Contract (CVB), Cultural
Development and Programming Account and the Maintenance and
Mitigation Account.
Item #17. A. Hearing and First Reading of Ordinance No. 96, 1989, Creating
a Transit Services Fund.
B. Hearing and First Reading of Ordinance No. 97, 1989, Author-
izing the Transfer of Appropriations from the Transportation
Services Fund to thetTransit Services Fund.
Item #18. Hearing
and First
Reading of Ordinance No. 98, 1989, Consenting
to the
Inclusion
of Lands within the Municipal Subdistrict
'
Northern
Colorado
Water Conservancy District.
-322-
June 20, 1989
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, Horak, Kirkpatrick, Mabry, Maxey, and
Winokur. Nays: None.
THE MOTION CARRIED.
Ordinance No. 91, 1989 Amending
Chapter 24 of the Code of Fort Collins
Relating to the Industrial Development
Incentive Program. Adopted on Second Reading
Following is staff's memorandum on this item:
"FINANCIAL IMPACT
This Ordinance, which was unanimously adopted as amended on First Reading
on May 16, amends the Street Oversizing Fund Ordinance to provide an
exemption to eligible firms of all or part of the street oversizing fee
required of new or expanding developments. The goals of this Industrial
Development Incentive Program are to send a message that the City supports
a healthy business climate, to influence a firm's decision to locate in
Fort Collins, and to shape the quality of economic growth. The program
would provide an exemption of the street oversizing fee up to a maximum of
$50,000 for an eligible firm."
Councilmember 'Maxey made a motion, seconded by Councilmember Kirkpatrick,
to adopt Ordinance No. 91, 1989 on Second Reading.
Tom McKenna, 3500 Rolling Green Drive, asked Council to defeat the
Ordinance and suggested additional development fees be implemented to help
new growth pay for itself.
Ed Stoner, 701 Cherokee, presented literature from David Carson, President,
CBW (Carson/Burger/Weekly), that supported the incentive program and gave
reasons for new businesses to relocate to Fort Collins.
Harold Fisher, supported the incentive program and suggested consideration
of his personal situation regarding the development of the Poudre River
Business Park.
Bruce Lockhart, 2500 East Harmony Road, opposed the incentive program,
specifically in cases where expansions will occur without incentives. He
also spoke against the administrative process to decide who receives the
incentives. t
Development Services Director Mike Davis spoke regarding the notification
and decision making process.
1
-323-
June 20, 1989
' Councilmember Horak noted his discomfort with the waived street oversizing
fees not being paid back out of the General Fund and commented on the
program applying equally to existing and new businesses. He stated he was
undecided whether he would support the motion and commented on the appeals
process being designed only for the applicant.
Councilmember Kirkpatrick stated she would support the motion but indicated
the need for further clarification regarding the opportunity to appeal.
She stated her support for tabling the motion for two weeks to allow time
for enhanced public notification.
Councilmember Edwards expressed concern regarding the appeal and
notification process and encouraged waiting a few weeks before pursuing the
notification issue.
Councilmember Edwards made a motion, seconded by Councilmember Kirkpatrick,
to postpone consideration of Ordinance No. 91, 1989 on Second Reading until
July 18. Yeas: Councilmembers Edwards, Horak, and Kirkpatrick. Nays:
Councilmembers Azari, Mabry, Maxey, and Winokur.
THE MOTION FAILED.
The vote on Councilmember Maxey's motion to adopt Ordinance No. 91, 1989 or
Second Reading was as follows: Yeas: Councilmembers Azari, Mabry, Maxey,
and Winokur. Nays: Councilmembers Edwards, Horak, and Kirkpatrick.
THE MOTION CARRIED.
Ordinance No. 95, 1989, Appropriating
Revenue in the Amount of $85,528 to the
General•Fund for the Convention and
Visitor's Bureau Contract (CVB),
Cultural Development and Programming
Account and the Maintenance and
Mitigation Account. Adopted on First Reading
Following is staff's memorandum on this item:
"FINANCIAL IMPACT
This Ordinance appropriates the final 1988 Lodging tax receipts as well as
prior year reserves in the total amount of $85,528.
Lodging Tax Receipts above Original Estimate $13,879
Cultural Development and Programming Account
Prior Year Reserves 27,441
Maintenance and Mitigation Account
Prior Year Reserves 44.208
' $85,528
-324-
June 20, 1989
Lodging tax receipts are dedicated in accordance with Ordinance 32, 1987;
therefore, this appropriation will have no financial impact on the General
Fund.
EXECUTIVE SUMMARY
Lodging tax receipts for 1988 were estimated to be $194,796 while the
actual receipts totalled $208,675. The initial 1989 budget appropriation
was calculated from estimated figure while the disbursement is based on the
actual 1988 receipts pending the year end audit. This Ordinance, if
adopted, would appropriate the additional 1988 Lodging tax receipts in the
amount of $13,879 and would be disbursed according to Council's previous
direction:
Convention and Visitors Bureau 70% $ 9,715
(per current contract through 12131189)
Cultural Development and Programming 20% 2,776
Maintenance & Mitigation 10% 1.388
$13,879
Additionally, the Cultural Development and Programming Account, and the
Maintenance and Mitigation Account must appropriate carry-over funds not
allocated in previous years totalling $71,649 as follows:
Cultural Development and Programming $27,441
Maintenance & Mitigation Account 44.208
$71,649
Based on actual lodging tax receipts of $208,675 for 1988, the Convention
and Visitor's Bureau will receive a total of $146,072 (70%), the Cultural
Development and Programming Account will receive $41,735 (20%) plus the
carry-over of $27,441 for a total of $69,176, and the Maintenance and
Mitigation Account will receive a total of $20,868 (10%) plus the
carry-over of $44,208 for a total of $65,076."
City Manager Burkett stated that proposals for the dispersement of lodging
taxes will be reviewed by the Cultural Resources Board and then will be
presented to Council at a worksession.
Mayor Winokur suggested the proposals be presented to Council at the July
18 Council meeting.
Councilmember Kirkpatrick made a motion, seconded by Councilmember Horak,
to adopt Ordinance No. 95, 1989 on First Reading.
Councilmember Kirkpatrick expressed support for considering the allocation
formula at a regular meeting rather than at a worksession.
-325-
June 20, 1989
' The vote on Councilmember Kirkpatrick's motion to adopt Ordinance No. 95,
1989 on First Reading was as follows: Yeas: Councilmembers Azari,
Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None.
THE MOTION CARRIED.
i
Councilmember Reports
Councilmember Kirkpatrick commented on the agenda items that involve
Colorado State University and the State Board of Agriculture and requested
clarification for a possible conflict of interest.
Councilmember Mabry recommended participating in the Out to Lunch Concert
Series on Fridays at the Lincoln Center.
Ordinance No. 90, 1989, Rezoning
Approximately 151.1 acres, Known as the
Stromberger Zoning, from the T-Transition
Zoning District to the I-P Industrial Park
Zoning District, with a planned unit
development condition. Adopted on Second Reading
Following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
This Ordinance, which was adopted 5-0 on First Reading on May 16, rezones
approximately 151.1 acres, located at the southeast corner of Harmony Road
and Timberline Road into the I-P Industrial Park Zoning District, with a
planned unit development condition. The property is presently in the
T-Transition Zoning District.
APPLICANT: Everitt Enterprises, Ltd
P. 0. Box 2125
Fort Collins, CO 80522
OWNER: Elmer and Betty Stromberger
2209 East Harmony Road
Fort Collins, CO 80525"
Councilmember Mabry withdrew from discussion and vote on this item due to a
perceived conflict of interest.
Councilmember Edwards made a motion, seconded by Councilmember Azari, to
adopt Ordinance No. 90, 1989 on Second Reading. Yeas: Councilmembers
Azari, Edwards, Horak, Kirkpatrick, Maxey, and Winokur. Nays: None.
(Councilmember Mabry withdrawn)
THE MOTION CARRIED.
-326-
June 20, 1989
Resolutions Making Findings of Fact '
Regarding two Appeals of the Planning
and Zoning Board Decision of Approval
on April 24, 1989 for the following three
items: 1. Oak -Cottonwood Farm Amended
Master Plan, 2. Harmony Market
Preliminary P.U.D., and 3. Harmony
Market P.U.D.. Phase One. Final, Adopted
Following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
A. Resolution 89-119 Making Findings of Fact Regarding the Bigelow Appeal.
B. Resolution 89-120 Making Findings of Fact Regarding the Multi -Party
Appeal.
On May 30, 1989, the City Council considered two appeals seeking to
overturn the Planning and Zoning Board's decision of approval on the three
above referenced items. The City Council considered the record on appeal
and the presentations of the Planning Department, the appellants, and the
developer of the Harmony Market P.U.D. In subsequent discussion, the
Council determined that the Planning and Zoning Board's decision was not
arbitrary and was properly supported by competent evidence in the record.
The Council further found that the Board properly interpreted and applied '
the relevant provisions of the City Code. Finally, the Council determined
that the Board conducted a fair hearing, did not ignore its previously
established rules and procedures, and did not consider evidence that was
false or grossly misleading.
In separate votes, these two appeals were denied by the City Council thus
upholding the decisions of the Planning and Zoning Board. In order to
complete the record regarding the appeal, the City Council should adopt a
Resolution making findings of fact and upholding the Planning and Zoning
Board decisions."
Councilmember Mabry withdrew from discussion and vote on this item due to a
perceived conflict of interest.
Councilmember Azari made a motion, seconded by Councilmember Kirkpatrick,
to adopt Resolution 89-119. Yeas: Councilmembers Azari, Edwards,
Kirkpatrick, Maxey, and Winokur. Nays: Councilmember Horak.
(Councilmember Mabry withdrawn)
THE MOTION CARRIED.
Councilmember Maxey made a motion, seconded by Councilmember Edwards, to
adopt Resolution 89-120. Yeas: Councilmembers 'Atari, Edwards, Horak,
Kirkpatrick, Maxey, and Winokur. Nays: None. (Councilmember Mabry
withdrawn) I
-327-
June 20, 1989
THE MOTION CARRIED.
Items Related to the City's Fiscal Year 1989-90
Community Development Block Grant Program
Following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
A. Public Hearing and Resolution 89-121 Adopting Fiscal Year 1989-90
Community Development Block Grant Programs and Projects.
B. Hearing and First Reading of Ordinance No. 99, 1989, Appropriating
Unanticipated Revenue and Authorizing the Transfer of Appropriations
Between Projects in the Community Development Block Grant Fund.
The Community Development Block Grant Program provides federal funds from
the Department of Housing and Urban Development to the City of Fort Collins
which can be allocated to housing and community development related
programs and projects, thereby reducing the demand on the City's General
Fund Budget to address such needs.
BACKGROUND
The Resolution establishes the individual programs and projects to be
funded with Community Development Block Grant funds from the Department of
Housing and Urban Development for the FY 1989-90 Program year which begins
October 1, 1989. The total amount of CDBG funds available to the City is
$869,000. The CDBG Citizens Steering Committee has evaluated all
applications and presents a list of priorities to the City Council as to
which programs and projects should receive funding for the next program
year.
The Ordinance appropriates $679,000 from the City's FY 1989-90 Entitlement
Grant, $90,000 from Reprogrammed CDBG funds, and $100,000 of anticipated
Program Income.
The CDBG Program is an ongoing grant administration program funded by the
Department of Housing and Urban Development. The City of Fort Collins has
received CDBG Program funds since 1975. In 1975 and FY 1976-77 the City
received HUD discretionary grants. Since FY 1977-78, the City has been an
Entitlement Recipient of CDBG funds, meaning the City is guaranteed a
certain ievel of funding ea4 year. The level of funding is dependent on
the total amount of funds allocated to the program .by Congress and on a
formula developed by HUD, which includes data on total population, minority
percentage of population, income levels, housing stock conditions, etc.
Programs and projects funded with Community Development Block Grants have
' to address at least one of the following three broad National Objectives:
-328-
June 20,,1989
1) be a benefit to low- and moderate -income persons, '
2) eliminate or prevent slum and blight conditions, and
3) meet urgent needs.
CDBG grants can fund a wide range of activities including acquiring
deteriorated and/or inappropriately developed real property (including
property for the purpose of building new housing) and acquiring,
constructing, rehabilitating or installing publicly owned facilities and
improvements. CDBG funds can also be used for restoration of historic
sites, beautification of urban land, conservation of open spaces and
preservation of natural resources and scenic areas. Housing rehabilitation
can be funded if it benefits low- and moderate -income people.
Economic development activities are eligible expenditures if they stimulate
private investment or community revitalization and expand economic
opportunities for low- and moderate -income people and the handicapped.
Certain activities are ineligible, under most circumstances, for CDBG funds
including purchase of equipment, operating and maintenance expenses
including repair expenses and salaries, general government expenses,
political activities,and new housing construction.
Since its inception in 1975, the City's CDBG Program has focused on
programs of housing rehabilitation and neighborhood revitalization. Three
neighborhood strategy areas have been identified as in need of special '
assistance and attention. These neighborhoods are the Holy Family area,
B.A. V.A. (Buckingham, Alta Vista, and Andersonville), and Laurel School
neighborhoods. The downtown area is included in the strategy
neighborhoods.
Available Funds:
The City's Entitlement Grant for FY 1989-90 is $679,000. The Entitlement
Grant will be combined with $90,000 of reprogrammed funds from canceled
projects and contingency funds from the FY 1988-89 program year, and
$100,000 of Program Income, of which $36,000 will be collected during the
period October 1, 1989, to September 30, 1990. HUD requires the City to
estimate the total amount of anticipated Program Income which will be
received during the program year. Combining all sources of income provides
a total of $869,000 available for programs and projects during the next
CDBG Program year.
The U.S. Congress is currently considering a President Bush Administration
request to reduce CDBG funds 1% across-the-board to all grant recipients.
If Congress approves the request, the City's entitlement grant (only) will
be reduced from $679,000 to $672,210; a total reduction of $6,790. One way
to avoid the potential reduction of funds would be for the City to submit
its FY 1989-90 CDBG application to HUD prior to Congressional action. In
order to accomplish this task, Council would have to approve the entire FY
1989-90 CDBG Program at the June 20, 1989, Council meeting. '
-329-
June 20, 1989
Selection Process:
The selection process for the City's FY 1989-90 CDBG Program began on
February 9, 1989, when the CDBG Citizens Steering Committee held a public
hearing to obtain citizen input on community development and housing needs.
The CDBG Program office placed legal advertisements in local newspapers
starting on March 1, 1989, to solicit requests for CDBG funded programs and
projects for FY 1989-90. The application deadline was Friday March 31,
1989. At the close of the deadline the City received 32 applications
requesting a total of approximately $2.5 million.
Copies of all applications were forwarded to the City Council through the
City Manager's office on April 7, 1989. Copies of all applications were
distributed to the CDBG Citizens Steering Committee at their regular
monthly meeting on Thursday April 13, 1989. On Wednesday May 10, and
Thursday May 11, 1989, the Steering Committee met to ask clarification
questions from each applicant.
The Steering Committee met on Wednesday May 17, 1989, for the purpose of
preparing a list. of priorities to the City Council as to which programs and
projects should be funded for the FY 1989-90 program year. At this meeting
the Committee reviewed the written applications, the information provided
during the question and answer session, and reviewed the performance of
agencies who received FY 1988-89 CDBG funds. The Committee then worked on
formulating their list of priorities. The Committee's list of priorities
was presented and discussed with the City Council in a joint work session
held on Tuesday May 23.
The attached Resolution formally adopts the City's FY 1989-90 CDBG Program.
List of Priorities:
HUD CDBG regulations limit the amount of available funds which can be
allocated to various generic categories. Funds for Planning and
Administrative purposes are limited to 20% of the total of the Entitlement
Grant and any anticipated Program Income. The City's Entitlement Grant for
the next program year is $679,000 and anticipated Program Income is
$100,000. This means the 20% limitation for Planning and Administrative
purposes is applied to a total of $779,000, making the 20% funding limit a
total of $155,800. Funds for Public Services are limited to 15% of the
total of the Entitlement Grant (only), making the 15% funding limit a total
of $101,850. The Steering Committee, thus, not only had to decide which
applicants presented programs and projects which best fit into the City's
CDBG Program, but also had to insure funding allocations were kept within
HUD regulations.
As indicated earlier, Congress is currently considering a 1% reduction to
all CDBG funding. If approved, the 1% reduction. would affect the 20%
Planning and Administration, and the 15% Public Service funding
limitations.
-330-
June 20, 1989
Listed below is a summary of each applicant's initial request for funding
(some applications were modified at the time of verbal presentations to the
Committee, see below) and the Steering Committee's list of priorities:
REQUEST
--------------------------------------------------------------------------
FUNDING
APPLICANT PROGRAM/PROJECT
Planning
and Administration (20% -
$155,800)
$106,600
$106,600
City of Fort Collins
CDBG Administration
10,000
-
City of Fort Collins
Downtown Zoning &
Design Guidelines
10,000
10,000
City of Fort Collins
East Side/West Side
Neighborhood Plans
Design Guidelines
31,223
31,223
Neighbor -to -Neighbor, Inc.
Housing Counseling
7,417
7,417
Neighbor -to -Neighbor, Inc.
CHOICE Senior Housing
Counseling
Acquisition
400,000
180,000
Housing Authority
Acquisition of
Distressed Properties
200,000
50,000
Power Plant Visual Arts
Acquisition of the
Center
Old Post Office
17,000 (1)
-
Martin Luther Homes
Individualized Living
Alternatives for the
Handicapped Homeless
53,620
-
Neighbor -to -Neighbor, Inc.
Transitional/Permanent
Housing for the
Handicapped Homeless
375,000
-
Al Scott
Burlington Northern
Ft. Collins Station
Housing Rehabilitation
100,000 - Northern Hotel Fire Sprinkler and
Asbestos Removal
46,617 (2) 21,450 Volunteer's Clearing Building Renovation
House Phase III
64,949 64,949 Neighbor -to -Neighbor, Inc. Housing Rehabilitation
Emergency Repair
Architectural Barrier
Removal
Public Facilities
28,000
28,000 City of Fort Collins
Downtown Alleys
28,000
- City of Fort Collins
Street Trees on North
College Avenue
220,000
- City of Fort Collins
Downtown Gateway
Improvements
150,000
50,000 Community Horticulture
Center
Center
11
-331-
June 20, 1989
1
1
1
150,000 81,576
225,000 (3) 100,000
Larimer County Food
Distribution
Larimer County Shelter
Center, Office, and
Warehouse
Shelter
Facility Relocation
Public Services (15% - $101,850)
50,000 30,000 Children's Clinic
10,000 - Lutheran Social Services
10,605
-
Crossroads Safehouse
1,500
-
Crime Stoppers of Fort
Collins, Inc.
20,000
20,000
United Day Care Center
17,640
17,640
Sunshine School, Inc.
8,000
6,000
Sunshine School, Inc.
13,400
-
Project Self -Sufficiency
7,145
7,145
Disabled Resource Services
5,000
5,000
The Women's Center
14,755 - Larimer County Mental
Health
17,000 16,000 Catholic Community
Services/Northern
Health Care for
Indigent Children
Fostering Family
Strengths
Community Outreach
Program Delivery
Sliding Scale
Assistance
Sliding Scale Program
Childcare for the
Homeless
Business Link
Employment Assistance
Project
Short-term Child Care
Assistance
Peer Counselor Program
for Seniors
Hostel of Hospitality
Hope Job Bank
36,000 Contingency (Frozen Appropriation)
-------------------------------------------------------------------------------
$2,475,471 869,000 Total
NOTES:
(1) This proposal was withdrawn by the applicants.
(2) The applicants submitted a revised proposal reducing their initial
request from $46,617 to $21,450.
(3) The applicants submitted a revised proposal reducing their initial
request from $225,000 to $200,000.
With the withdrawal of one application and the reduction of two other
requests, the total amount of requests considered by the CDBG Citizens
Steering Committee was approximately $2.4 million. With $2.4 million in
total requests and only $869,0001available, obviously not all applications
could be funded. Also, due to HUD funding limitations, some applicants
received less funds than requested in order to keep the generic category
within program maximums. No applicant received more funds than requested.
Contingency Funds are based on $36,000 of anticipated Program Income
expected to be received by the City during the program year from October 1,
SICIl'
June 20, 1989
1989, to September 30, 1990
can not be allocated to any
uncertainty of collection,
fund.
These funds, according to HUD
specific project(s). Because of
they have been allocated to the
regulations,
the possible
Contingency
The Committee allocated full funding to eleven (11) applicants. In the
Committee's opinion, the eleven applications recommended for funding best
fit CDBG program objectives and City CDBG policies and deserved full
funding. Proposals which did not receive funding were deemed of a lower
priority and, in some cases, a lack of funds prohibited their funding. The
following describes the reasons why certain projects did not receive their
requested full funding amount:
Children's Clinic
Health Care for Indigent Children
Requested: $50,000 Funded: $30,000
The reduction in funding was mainly due to the limitation
could be allocated to Social Service applications and
desire to support the provision of day care services.
Catholic Community Services/Northern
Hostel of Hospitality/Hope Job Bank
Requested: $17,000 Funded: $16,000
The reduction in funding was mainly due to the limitation
could be allocated to Social Service applications and
desire to support the provision of day care services.
Sunshine School, Inc.
Child Care for the Homeless
Requested: $8,000 Funded: $6,000
of funds which
the Committee's
of funds which
the Committee's
The reduction in funding was mainly due to the limitation of funds which
could be allocated to Social Service applications. The $2,000 reduction
was based on the elimination of administrative costs from the request.
General Committee comment of Social Service applications:
The Committee would like to work with the City Council during the next year
to explore the possibility of establishing policies to limit the number of
times an agency can receive CDBG funds.
Larimer County
Shelter Care Facility
Requested: $200,000
Relocation
Funded: $100,000
The Committee recommends that the City match the County's $100,000 level of
funding for this project. Also, since the facility serves all county
residents, the Committee feels that Loveland, Berthoud, Wellington, and
Estes Park should also contribute their fair share. The Committee also
1
1
-333-
June 20, 1989
' feels the County should be able to receive Community Service Block Grant
funds from the State of Colorado to help with the project.
Fort Collins Housing Authority
Acquisition of Distressed Properties
Requested: $400,000 Funded: $180,000
The reduction in funding was mainly due to the limitation of funds. The
Housing Authority's $400,000 request represents 46% of the total CDBG funds
available to all applicants. The Committee also feels the Housing
Authority could do a better job of leveraging CD8G funds and would like to
see 18 to 20 units acquired and rehabilitated as a result of this grant.
Larimer County Food Distribution Center
Center/Office/Warehouse
Requested: $150,000 Funded: $81,576
The reduction in funding was mainly due to the limitation of funds. The
Committee also feel the applicant should seek to purchase an existing
warehouse rather than trying to construct an new facility.
Community Horticulture,Center
Greenhouse
Requested: $150,000 Funded: $50,000
The reduction in funding was mainly due to the limitation of funds. The
Committee feels the City's CDBG funds should be considered seed money. The
applicant has not identified a specific site for the project. The
applicant seems to have broad community support and should be able to
obtain funds from other sources.
Power Plant Visual Arts Center
Acquisition of the Old Post Office
Requested: $250,000 Funded: $50,000 Challenge Grant
The Committee feels the proposal is a good idea and could be a benefit to
the downtown with additional spin-off effects but, does not consider it as
high a priority as other projects. The $50,000 recommendation is in the
Form of a challenge grant; if the applicant fails to obtain sufficient
funds to acquire and- rehabilitate the property by March 31, 1990, the CDBG
funds would be reprogrammed into the City's FY 1990-91 CDBG Program year.
The Committee looks forward to the participating banks of the Community
Development Corporation (CDC) accepting the challenge and raising the
additional funds necessary to complete the project.
The following describes the reasons why certain projects did not receive
any funding amount:
Lutheran Social Services - Fostering Family Strengths, $10,000
Project Self Sufficiency - Business Link, $13,400
' Larimer County Mental Health Center - Peer Counselor Program for Seniors,
$14,755
-334-
June 20, 1989
Crossroads Safehouse, Inc. - Community Outreach Project, $10,605 '
Crime Stoppers of Ft. Collins, Inc. - Program Delivery, $1,500
Colorado Housing Assistance Corporation - Foreclosure Prevention Program,
$30,000
The recommendation not to fund the above applicants was mainly due to the
limitation of funds which could be allocated to Social Service applications
and the Committee's desire to support the provision of day care services.
City of Fort Collins - Downtown Zoning & Design Guidelines, $10,000
The recommendation not to fund this proposal was due, in part, to the
limitation of funds which could be allocated to Planning and Administration
category applications. The Committee also feels the proposal should be
funded by the Downtown Development Authority and/or other organizations
whose task it is to promote and improve the downtown area.
City of Fort Collins - Street Trees on N. College Ave., $25,000
The Committee feels the proposal should be funded by the City's Capital
Improvements Program, a Special and/or General Improvement District, the
Downtown Development Authority and/or other organizations whose task it is
to promote and improve the downtown area.
Neighbor -to -Neighbor, Inc. - Transitional/Permanent Housing for the
Handicapped Homeless, $53,620 '
The applicant admitted to failing to submit a request for matching McKinney
Act funds for this proposal. The Committee thus felt that the timing was
off for the proposal and did not want to commit funds for an entire year.
The proposal would be better received next year with a concurrent request
for McKinney Act funds.
Northern Hotel - Fire Sprinkler and Asbestos Removal, $100,000
The Committee is very concerned about the Northern Hotel building, a major
landmark of the downtown area. However, the Committee feels the applicant
must first seek professional help for completing a feasibility study and a
comprehensive plan for restoration of the building. Without such a study
and plan, the proposal lacks direction and the Committee feels it is hard
to assess the impact of CDBG funds.
City of Fort Collins - Downtown Gateway Improvements, $220,000
The proposal is for implementation of the Downtown Plan, a plan which has
not yet received official community approval. Thus in one sense, the
Committee feels the proposal isipremature. The Committee, as with other
downtown related projects, feels the proposal should be funded by the
City's Capital Improvements Program, a Special and/or General Improvement
District, the Downtown Development Authority and/or other organizations
whose task it is to promote and improve the downtown area. '
-335-
June 20, 1989
' Al Scott - Burlington Northern Fort Collins Station, $375,000
The Committee feels that CDBG funds are the wrong source of funding for
this proposal. The applicant should seek private funding or Small Business
Association funds."
Councilmember Azari withdrew from discussion and vote on this item due to a
perceived conflict of interest.
Chief Planner Ken Waido outlined the list of projects to receive CDBG
funds.
Rosalyn Spencer, 813 Warren Landing, encouraged support for the relocation
of the Power Plant Visual Arts Center to the old Post Office Building.
Councilmember Kirkpatrick had comments regarding the funding guidelines.
She commented on raising funds for the the Power Plant and thanked the
Steering Committee for its hard work.
Councilmember Edwards expressed concern about the policy ramifications of
the appropriations and commented on the tremendous job done by the CDBG
Steering Committee.
Councilmember Kirkpatrick made a motion, seconded by Councilmember Horak,
' to adopt Resolution 89-121.
Councilmember Edwards made a motion, seconded by Councilmember Mabry, to
amend the Resolution to delete the $30,000 allocation for the Children's
Clinic. (Secretary's note: See page 338 for Councilmember Mabry's
withdrawal of his second to this motion to amend the Resolution)
Yolonda C. Nicely, 1625 Crestmore Place, questioned Councilmember Edwards'
motives regarding the amendment and spoke against deleting the $30,000
allocation for the Children's Clinic.
Dr. Charles Collopy, Fort Collins resident, representing the Children's
Clinic, requested a procedural clarification and spoke to the merits of the
project and the need for the clinic.
Jacques Rieux, Fort Collins resident, spoke in support of the Children's
Clinic and requested clarification regarding Councilmember Edwards'
reservations about the Children's Clinic allocation.
Chuck Solano, 2200 Berkshire Drive, supported.the clinic and spoke against
the amendment.
t
Councilmember Edwards expressed his concerns about the City embarking on a
new course and providing a health care delivery system. He noted his
concern regarding the structure of the Clinic and the narrow target served
' by the Clinic and questioned the urgency of the need for such a clinic. He
stated his discomfort with City funds providing care for citizens outside
-336-
June 20, 1989
the Fort Collins area and suggested the County and the hospital take the
lead in the program.
Dr. Collopy encouraged the City's involvement in the Children's Clinic
program and described the citizens who will come to the clinic in need of
health care.
Harold Fisher spoke in support of the Children's Clinic.
Ms. Nicely, described a personal experience with regard to her inability to
provide health care for her children.
Averil Strand, 1811 Rainbow Drive, Director of Community Health Services
for Larimer County Health Department, spoke of the grave need for the
health care clinic.
Marcella Rose, Fort Collins resident, suggested placing restrictions to
limit the health care service to only Fort Collins residents rather than
dropping the whole project from funding allocation.
Mr. Rieux, suggested that the timing of Councilmember Edwards' concerns was
too late.
Lou Stitzel, Fort Collins resident, expressed confidence in staff to ensure
that monies would be used primarily for Fort Collins residents and stressed
the fact that the $30,000 is a small portion of the total funding needed.
Councilmember Edwards clarified his concerns regarding the degree of need
for the clinic. He stated he was not denying the need for the clinic, but
rather questioned how the community is addressing the need. He encouraged
a more comprehensive study be conducted with additional involvement from
other sectors in the community. He stated he believed that the $30,000 was
just the beginning of larger funding that would be needed in the future.
Councilmember Kirkpatrick commended Councilmember Edwards for his
willingness to take a stand and raise questions on the issue and commented
on the irony of federal dollars being used to fund a local need. She
stated she would not support the amendment.
Councilmember Mabry noted his appreciation for Councilmember Edwards
bringing the issues to Council's attention and commented on the feasibility
study that was conducted by a Denver firm which looked at the. City being
asked to consider allocating funds for the project. He stated he believed
that there was a need for the Children's Clinic and noted the importance of
the City's assistance in starting the program. He stated that due to his
belief in the clinic, he would withdraw his second to Councilmember
Edwards' motion to amend the Resolution.
THE MOTION DIED DUE TO LACK OF A SECOND.
Mayor Winokur expressed his appreciation 'to Councilmember Edwards for
verbalizing his convictions regarding the clinic.
1
I
-337-
June 20, 1989
' The vote on Councilmember Kirkpatrick's motion to adopt Resolution 89-121
was as follows: Yeas: Edwards, Horak, Kirkpatrick, Mabry, Maxey, and
Winokur. Nays: None. (Councilmember Azari withdrawn)
THE MOTION CARRIED.
Councilmember Kirkpatrick made a motion, seconded by Councilmember Maxey,
to adopt Ordinance No. 99, 1989 on First Reading. Yeas: Councilmembers
Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None.
(Councilmember Azari withdrawn)
Resolution 89-122 Setting Forth the
Intention of the City to Issue Industrial
Development Revenue Bonds for the
Innovative Companies, Inc. Protect Adopted
Following is staff's memorandum on this item:
"FINANCIAL SUMMARY
Industrial Development Revenue Bonds ("IDRBs") are "on -behalf" of debt,
that is, not actual debt of the City. The IDRBs will be repaid from
revenue generated by the project. The bonds do not constitute a debt of
the City. The City will receive a fee of 1116 of one percent of the
present value of the projected outstanding annual debt of the project, as
provided for in the City's IDRB policies, to be used for economic
development purposes. This fee is dependent upon the interest rates and
repayment schedule of the debt and is estimated to be approximately
$20,000.
EXECUTIVE SUMMARY
Innovative Companies, Inc., a Colorado corporation, submitted an
application to the City for an Inducement Resolution for IDRBs in the
amount of $7 million. The proposed resolution would induce the corporation
to acquire, renovate, construct, and equip manufacturing facilities to be
leased to Innovative Companies, Inc. Development would occur at two sites,
4401 Innovation Drive (construction and expansion of existing facilities)
and 3842 Redman Drive (acquisition and renovation). The combined project
facilities will contain approximately 141,000 square feet of space.
Innovative Companies was founded in 1982. It has developed into a
diversified cabinet manufacturer with nationally distributed product lines
of commercial, institutional, and residential cabinetry along with store
fixtures and other specialty w000t,products.
The requested inducement amount is $7 million. The.City's allocation for
1989 was $1,853,000 and $1.4 million of the total has been used to induce
' the Carson, Burger & Weekly Project. This request envisions the use of the
City's remaining amount to be supplemented with an allocation from the
SUE
June 20, 1989
statewide balance which must be applied for after the City's inducement is '
passed.
Protect Budget and Use of Proceeds
The estimated budget for the project is as follows:
Bond Proceeds $7,000,000
less issuance costs 250,000
Cost of Assets 6,750,000
Building 3,000,000
Land & Site Improvements 250,000
Equipment 3,500,000
The proceeds of the issue will be applied to these total costs. The
equipment cost consists of major equipment used in the cabinetry
manufacturing process and has an expected useful life of 10 years. The
buildings contemplated have an expected life of 40 years and the land and
site improvements an expected life of 50 years. The average economic life
of the assets contemplated in the project is about 25 years. The
anticipated life of the bond issue is 20 to 25 years.
Economic Benefits
The project, if completed, will yield direct and indirect benefits to the I
Fort Collins economy.
Direct Benefits:
Annual Property Tax
(Assessed Value=31,960,000) $136,000
One-time Use Tax Receipts 50.000
$186,000
Indirect Benefits:
It is estimated that nearly all of the companies' products will be sold
outside the City limits, so the sales tax proceeds are expected to be
minimal. However, about 60 percent of its expenditures will be made
locally.
t
Projected new employment opportunities for local residents over the
five-year expansion will be about 360 positions. Ninety percent of the
employees are expected to be hired from the local job market. The average
salary is projected to be about $26,000 per employee. Assuming one half of '
-339-
June 20, 1989
' the payroll is to be spent locally and be subject to the sales and use tax,
about $80,000 per year will be generated when the expansion is complete.
Financial Feasibility and Debt Coverage from Preliminary Cash Flow Analysis
The preliminary cash flow is based on a 20-year bond life with an average
interest rate of 7.2%. Monthly debt service payments will be approximately
$55,100. Based on the preliminary estimates, the debt coverage ratio
begins at 4.2 to 1 in the first year and grows to 13.1 to 1 in the fifth
year.
The applicant has pledged to acquire a bank letter of credit which will
fully guarantee the payment of principal and interest on the bonds in the
event that revenue from the project is insufficient. Presently, it is —
expected that the letter of credit will be from a AAA Swiss Bank, one of
the strongest credit securities available.
Summary
This analysis 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 industrial development revenue bonds.
The IDRB Criteria Evaluation sheet is attached for review. The project
received 79 of a possible 100 points. Staff is therefore recommending
approval of the inducement resolution.
' Planning staff has noted that the Redman Drive site of the project lies
outside the City's corporate limits and suggested that an annexation
agreement be required of the applicant. The applicant has expressed its
desire to be located within the City limits and its willingness to
cooperate with the City on future annexations in the area."
Councilmember Mabry made a motion, seconded by Councilmember Azari to adopt
Resolution 89-122.
Finance Director Alan Krcmarik presented an overview of Resolution 89-122
and introduced Gunter Preuss, President, Innovative Companies, Bill
Griffith, Controller and Dave Dwyer, bond counsel.
The vote on Councilmember Mabry's motion to adopt Resolution 89-122 was as
follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry,
Maxey, and Winokur. Nays: None.
THE MOTION CARRIED.
Ordinance No. 100, 1989 Appropriating
Prior Year Reserves in the General
Fund to Address Problems Associated
with Cruising. Adopted on First Reading
' Following is staff's memorandum on this item:
-340-
June 20, 1989
"FINANCIAL IMPACT
This appropriation ordinance will provide
amount of $54,400 for implementation of the
associated with cruising. Supplemental fund
general fund reserves.
EXECUTIVE SUMMARY
s
supplemental funding in the
strategy to address problems
will come from undesignated
On May 30, 1989, the City Council adopted Resolution 89-110 directing the
City Manager, City Attorney, and Municipal Judge to develop a creative
strategy to address the problems associated with cruising. This
appropriation ordinance provides supplemental funding for implementation of
the following elements of the cruising strategy:
Police Services' overtime costs: $ 38,400
Traffic Engineering costs: 16,000
TOTAL SUPPLEMENTAL FUNDING REQUEST: $ 54,400
Police Services' overtime costs reflect full implementation of the cruising
strategy for ten consecutive weekends beginning June 23 and running through
August. Two additional weekends for the month of September are also
funded.
Traffic Engineering costs are for signage, barricades, cones, set-up and
take -down expenses, personnel to operate traffic signals with a lap -top
computer, and parking personnel to assist citizens.
Recommendations regarding lighting needs along streets and in parking lots
in the downtown area are still under development and will be reviewed with
the Council Health and Safety Subcommittee at a later date."
Councilmember Maxey made a motion, seconded by Councilmember Azari to adopt
Ordinance No. 100, 1989 on First Reading.
Division Commander Lt. Brad Hurst explained
how the dollars would be used and commented
and meeting with business owners regarding
diversion plans.
Traffic Engineer Rick Ensdorff explained t
traffic engineering costs would be used to
to release and install barricades for twelve
the appropriation Ordinance and
on Wednesday's press conference
the cruising problem and the
he majority of the $16,000 for
contract with a signing company
consecutive weeks.
Councilmember Kirkpatrick commented on the appropriations relative to the
problems associated with cruising'and indicated that information concerning
lighting in the downtown area would be coming for Council's recommendation.
Councilmember Azari noted her satisfaction with the meeting with the
downtown business owners and commented on the disruptive behavior, the
1
-341-
June 20, 1989
' traffic congestion, and the atmosphere associated with the cruising
problem.
Councilmember Mabry complimented the Health and Safety Subcommittee for its
hard work and involvement on the issue and stressed the success of the plan
hinged on efforts by both the business owners and the City.
Councilmember Kirkpatrick stated she had received a phone call from a
downtown business owner regarding the skateboarding issue and expressed the
need for Council to discuss the issue under Other Business.
Mayor Winokur stated his appreciation to the Health and Safety Subcommittee
for its involvement to address and resolve the problems associated with
cruising.
The vote on Councilmember Maxey's motion to adopt Ordinance No. 100, 1989
on First Reading was as follows: Yeas: Azari, Edwards, Horak,
Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None.
THE MOTION CARRIED.
Items Relating to the 1989
Fireworks Display at Hughes Stadium
Following is staff's memorandum on this item:
' "FINANCIAL IMPACT
CSU is not charging a fee for use of the Stadium parking lot.
EXECUTIVE SUMMARY
A. Resolution 89-123 Authorizing the Council of the City of Fort Collins
to Enter Into an Intergovernmental Agreement with Colorado State University
for Conducting the 1989 Fireworks Display at Hughes Stadium.
B. Resolution 89-124 Waiving the Immunity Afforded under the Colorado
Governmental Immunity Act in Favor of Colorado State University for the
1989 Fireworks Display.
These two Resolutions establish an agreement with CSU allowing the City to
hold its fireworks display at the Stadium parking lot and waiving the
City's right to assert defenses granted by the Governmental'Immunity Act as
against CSU.
BACKGROUND
The fireworks committee has recommended that the .annual Fourth of July
fireworks be moved from City Park to Hughes Stadium parking lot. Under
this scenario, the Fourth of July day events will remain at City Park. At
-342-
June 20, 1989
7 p.m., the gates to Hughes Stadium parking lot would be open to the
public. At approximately 9:30 p.m., the fireworks display would begin.
'
The rationale for moving the display is based on crowd control and safety
to the public. Essentially, the Hughes Stadium parking lot provides a
better site to monitor crowd behavior and provides a safer distance from
the fireworks firing area.
Resolution No. 89-123 would authorize the Mayor to sign the
intergovernmental agreement staff has negotiated with CSU. The agreement
allows City preparation at the Stadium parking lot to begin July 3, the
display to occur on July 4 and cleanup on July 5. Other highlights are:
1. The City will provide all necessary traffic, dust, fire (Poudre Fire
Authority) and crowd control;
2. The City will secure temporary lighting for the parking lot, provide
Port -A -Johns for public use and install temporary fencing;
3. The City will indemnify CSU against claims of third parties;
4. The City will not assert its defenses under the Governmental Immunity
Act if the University files claims against it; and
5. The City and the University will be named as additional insureds on the
display contractor's insurance policy.
Resolution 89-124 would execute the City's agreement not to use the
'
Governmental Immunity Act in its defense on any claims by the University
which may arise out of this event. Under applicable law, such a waiver of
immunity can be accomplished only by a resolution of the governing body.
(Section 24-10-104, C.R.S.)
The waiver would apply only to the University and would not affect the
City's ability to assert statutory immunity against claims by any other
person or entity."
City Attorney Steve Roy explained the agreements with Colorado State
University and outlined the potential liability involved and CSU's reasons
for requesting the waiver of immunity.
Director of Cultural, Library and Recreational Services Mike Powers
explained the rationale behind the move to`Hughes Stadium and responded to
questions from Council.
Yolonda C. Nicely, 1625 Crestmore Place, spoke of the popularity of the
City Park location and opposed the move to Hughes Stadium.
Edward J. faillace, 1747 Azaela, Triangle Review columnist, opposed the
move to Hughes Stadium.
�I
-343-
June 20, 1989
' Arlene Tortoso, 3201 Sumac Street, representing the Westgate Homeowner's
Association, expressed concerns regarding the move to Hughes Stadium, spoke
of the associated parking problems, potential property damage, and spoke
against moving the fireworks display to the stadium.
Chuck Solano, 2200 Berkshire Drive, spoke in favor of the fireworks being
held at City Park.
Bob Lover, Fort Collins resident, spoke against moving the fireworks to
Hughes Stadium.
Councilmember Maxey spoke of the traffic and crowd problems that would
arise by moving the fireworks to Hughes Stadium and suggested future
consideration be given to the all day activities at City Park.
Councilmember Edwards expressed concern regarding the issues of creating a
family environment versus creating an unsafe situation in the park.
Councilmember Kirkpatrick stated that she believed that neither City Park
or Hughes Stadium was an ideal place to hold the fireworks celebration.
She noted her discomfort with the traffic congestion at City Park and the
closeness of the fireworks to the spectators, buildings, and trees. She
noted that the City Park location for July 4th celebration has not been
ideal for the past few years and commented on specific problems that had
' been encountered.
Councilmember Azari indicated her satisfaction with the July 4th
celebration in Fort Collins and spoke in favor of the celebration to
continue. She commented on drinking and drug use in the park and the
responsibility of the Police Department to enforce the associated laws.
Councilmember Horak commented on the negative impact that the fireworks
have on the neighborhoods surrounding City Park and stated the need to
develop goals regarding future firework displays.
Mayor Winokur directed staff and the Health and Safety Subcommittee to look
into the problems regarding the July 4th celebration at City Park and
return to Council with a recommendation.
City Manager Burkett assured Council that a better plan for future
celebrations could be reached.
Councilmember Horak made a motion, seconded by Councilmember Edwards, to
have the Health and" Safety Subcommittee look.at the issue, evaluate this
year's celebration and return to Council with recommendations on how to
proceed with next year's celebration. Yeas: Councilmembers Azari,
Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None.
THE MOTION CARRIED.
' (Secretary's note: Resolutions 89-123 and 89-124 were not considered)
-344-
June 20, 1989
Resolution 89-125 Making Appointments to
Following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
Vacancies currently exist, or shortly will exist, on various boards and
commissions due to resignations from boardmembers and the expiration of
terms of members of the boards and commissions.
Advertisements were placed in March, and applications were accepted through
April. Council received copies of the applications and Council teams
interviewed applicants in May and June.
Council teams have recommended individuals for appointment to the following
boards and commissions:
Airport Authority
Building Review Board
Cable TV Board
Commission on Disability
Commission the Status of Women
Cultural Resources Board
Downtown Development Authority
Election Board
Golf Board
Housing Authority
Human Relations Commission
Landmark Preservation Commission
Library Board
Liquor/Massage Licensing Authority
Natural Resources Advisory Board
Parks and Recreation Board
Planning and Zoning Board
Retirement Committee
Senior Advisory Board
Storm Drainage Board
Water Board
Zoning Board of Appeals
The attached Resolution contains the names of those individuals recommended
for appointment by the Council interview teams."
Councilmember Mabry made a motion, seconded by Councilmember Azari, to
adopt Resolution 89-125 as revised.
Councilmember Kirkpatrick noted the removal of the Human Relations
Commission from the Resolution was due to a series of resignations and
noted that the application period had been extended in an attempt to obtain
additional applications to fill current vacancies.
Councilmember Edwards encouraged individuals who applied for a board or
commission and did not receive an appointment to maintain their involvement
in the community.
t
Mayor Winokur commented on the number of applications and suggested the
record response was due in part to the support and encouragement from the
Coloradoan.
-345-
June 20, 1989
' The vote on Councilmember Mabry's motion to adopt Resolution 89-125 as
revised was as follows: Yeas: Councilmembers Azari, Edwards, Horak,
Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None.
THE MOTION CARRIED.
Resolution 89-126 Adopting Council
Goals for the Period Ending
April 2. 1991, Adopted as Amended
Following is staff's memorandum on this item:
"EXECUTIVE SUMMARY
The City Council has met on three separate occasions to discuss the needs
of the city and to develop a list of goals to guide staff and Council
efforts over the next 22 months.
A list of Council Goals has been developed by the Council, and is ready for
formal adoption. The Council Goals list includes a number of significant
issues which Council intends to address during the current Council term.
Upon adoption of the Council Goals, staff will develop a proposed time
' frame for Council consideration of the issues identified."
Councilmember Maxey made a motion, seconded by Councilmember Edwards to
adopt Resolution 89-126.
Councilmember Kirkpatrick made a motion, seconded by Councilmember Azari,
to amend Resolution 89-126 under #6 and insert a section C to read,
"Develop, plan, and implement a community celebration/4th of July event for
1990".
Councilmembers Maxey and Edwards accepted Councilmember Kirkpatrick's
motion as a friendly amendment to their previous motion.
Councilmember Azari made a motion, seconded by Councilmember Kirkpatrick,
to amend Resolution 89-126 under #10 by adding a part B to read, "Create an
Adhoc Committee of City Council to address issues of governance, -,in
particular Council leadership, district representation, and the office of
Mayor".
Councilmember Azari commented on the scope of responsibilities of the
proposed adhoc committee of Council with emphasis on the communication and
leadership needs of the community.
Edward J. Faillace, 1747 Azaela, Triangle Review columnist, commented on
the appearance of a divided Council and divided motives and suggested that
the needs and desires of the community should be considered.
-346-
June 20, 1989
Councilmember Horak stated he would support the amendment and commented on
the process of establishing a mayor and how that process could be changed.
Councilmember Mabry noted his support for the amendment and commented on
Council's obligation to deal with the issue in a complete and thorough
manner.
Councilmember Kirkpatrick noted the amendment had the potential to address
the issue and allow input and questions from Council and the citizens of
the community.
Councilmember Edwards indicated his support for the motion and the
amendment.
Mayor Winokur commented on the process for changing the issue concerning
the election of the Mayor and stated he would support the amendment.
The vote on Councilmember Azari's motion to amend Resolution 89-126 under
#10 by adding part a B to read, "Create an Adhoc Committee of City Council
to address issues of governance, in particular Council leadership, district
representation, and the office of Mayor", was as follows: Yeas:
Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and
Winokur. Nays: None.
THE MOTION CARRIED.
The vote on Councilmember Maxey's motion, to adopt adopt Resolution 89-126 I
as amended was as follows: Yeas: Councilmembers Azari, Edwards, Horak,
Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None.
THE MOTION CARRIED.
Other Business
Councilmember Maxey, made a motion, seconded by Councilmember Kirkpatrick,
to refer to the Ethics Committee his involvement and participation in the
Fort Collins/Loveland Airport matters. Yeas: Councilmembers Azari,
Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Winokur made a motion, seconded by Councilmember Mabry, to
refer to the Ethics Committee his involvement and participation in upcoming
discussion with regard to the Poudre River National Recreation Area. Yeas:
Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and
Winokur. Nays: None.
THE MOTION CARRIED.
-347-
June 20, 1989
' Motion to Renew Hewlett-Packard lease on
lot at Fort Collins/Loveland Airport, Adopted
Councilmember Maxey withdrew from discussion and vote on this item due to a
perceived conflict of interest.
Councilmember Azari commented on the desire of Hewlett-Packard to renew its
lease/option for five years on a lot at the airport with the prospect of
building a hanger.
Councilmember Azari made a motion, seconded by Councilmember Mabry, to
allow Hewlett-Packard to renew its lease/option on the lot at the Fort
Collins/Loveland Airport.
Councilmember Kirkpatrick commented on the manner in which Council received
the information.
Councilmember Azari apologized to Council for her oversight regarding the
timing of the presentation of the item.
The vote on Councilmember Azari's motion to allow Hewlett-Packard to renew
its lease/option on the lot at the Fort Collins/Loveland Airport was as
follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry,
' and Winokur. Nays: None. (Councilmember Maxey withdrawn)
THE MOTION CARRIED.
Councilmember Mabry expressed concern about the use of the $3.1 million
that is available from accrued savings and commented on the importance of
wisely using the funds on a one-time basis.
Councilmember Mabry made a motion, seconded by Councilmember Azari, to
direct staff to prepare for Council consideration on July 18, a Resolution
or Ordinance that specifically identifies the $3.1 million as a line item
in the 1989 and 1990 Budgets. Yeas: Councilmembers Azari, Edwards, Horak,
Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None.
THE MOTION CARRIED.
Councilmember Mabry mentioned the possibility of an Executive Session to
discuss personnel and legal matters.
Councilmember Mabry made a motion, seconded by Councilmember Kirkpatrick,
to adjourn into Executive Session for the purpose of discussing personnel
and legal matters. f
Councilmember Horak stated his reluctance to support the motion due to the
lateness of the hour.
-348-
June 20, 1989
Councilmember Azari suggested having the Executive Session at the beginning
of the June 27 worksession.
The vote on Councilmember Mabry's motion to adjourn into Executive Session
for the purpose of discussing personnel and legal matters was as follows:
Yeas: Councilmembers Mabry and Winokur. Nays: Councilmembers Azari,
Edwards, Horak, Kirkpatrick, and Maxey.
THE MOTION FAILED.
AdJournment
Councilmember Azari made a motion, seconded by Councilmember Edwards, to
adjourn the meeting until 6:15 p.m. on Tuesday, June 27, to consider
adjourning into Executive Session for the purpose of discussing personnel
and legal matters. Yeas: Councilmembers Azari, Edwards, Horak,
Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None.
The meeting adjourned at 11:30 p.m.
EST_
UL �&Sl "-
City Clerk
-349-