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HomeMy WebLinkAboutMINUTES-04/02/2013-RegularApril 2, 2013 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:00 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, April 2, 2013, at 6:00 p.m. in the Council Chambers. of the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Horak, Kottwitz, Manvel, Ohlson, Poppaw, Troxell and Weitkunat. Staff Members Present: Atteberry, Nelson, Roy Agenda Review City Manager Atteberry stated there were no changes to the agenda. Citizen Participation Mel Hilgenberg, 172 North College, reported on upcoming community events and commended outgoing Councilmembers. He supported term limit changes and requested additional consideration of the proposed on -campus stadium by the new Council. Eric Sutherland, 3520 Golden Currant, discussed the concept of home rule for municipalities. James Owiny, Human Relations Commission, extended an invitation to an event on May 2. Glen Colton, 625 Hinsdale Drive, discussed the contrast between the Be Local program closing its office and the proposed economic, incentive packages for Woodward and other multi -national companies. Richard Thomas,'1907 Wallenberg Drive, opposed the City's ex parte regulations. Anita Rehner, 520 Sycamore Street, Diana Hammerdorfer, 227 Scott Avenue, and Chris Maldonado, 412 North Whitcomb, thanked Council for responding to concerns of Old Town property owners by adopting Ordinance No. 033, 2013. Ordinances on Second Reading were read by title by City Clerk Nelson. Items Relating to an Agreement Between the City of Fort Collins, the Fort Collins Downtown Development Authority, and Woodward, Inc. Relating to the Relocation and Construction of the Company's Headquarters and Expanding its Manufacturing and Office Facilities. 548 April2, 2013 A. Second Reading of Ordinance No. 055, 2013, Authorizing and Approving the Execution and Delivery by the City of an Agreement with Woodward, Inc., and Related Documents, Including Authorizing the Issuance of a Bond, in Connection with an Economic Development Project Relating to Woodward, Inc.; and Providing Other Matters Related Thereto. B. Second Reading of Ordinance No. 056, 2013, Appropriating General Fund Reserves to Fund a Reimbursement Reserve Fund in Connection with an Agreement Between the City, Downtown Development Authority and Woodward, Inc., Regarding the Link-n-greens Development. 9. Second Reading of Ordinance No. 044, 2013, Authorizing the Conveyance to Woodward, Inc. of Two Non -Exclusive Permanent Drainage Easements and a Temporary Construction Easement on City -Owned Property. Items Relating to an Agreement Between the City of Fort Collins, the Fort Collins Downtown Development Authority, and Woodward, Inc. Relating to the Relocation and Construction of the Company's Headquarters and Expanding its Manufacturing and Office Facilities, Adopted on Second Reading The following is the staff memorandum for this item. "EXECUTIVE SUMMARY A. Second Reading ofOrdinance No. 055, 2013, Authorizing and Approving the Execution and Delivery by the City of an Agreement with Woodward, Inc., and Related Documents, IncludingAuthorizing the Issuance of a Bond, in Connection with an Economic Development Project Relating to Woodward, Inc.; and Providing Other Matters Related Thereto. B. Second Reading of OrdinanceNo.056,2013,AppropriatingGeneralFundReservestoFund a Reimbursement Reserve Fund in Connection with an Agreement Between the City, Downtown Development Authority and Woodward, Inc., Regarding the Link-n-greens Development. These Ordinances relate to providing business investment assistance to Woodward, Inc. to encourage the relocation and construction of the company's headquarters and expanding its manufacturing facilities in Fort Collins. The project will retain or create between 1,400 and 1,700 primaryjobs in the community, provide 31 acres of improved open space along the river (including habitat restoration), and anchor the southeastern edge of the River District with a major employer. The two items include: A. An Agreement between the City, Downtown Development Authority, and Woodward, Inc.; and B. An appropriation of $2.27 million in General Fund Reserves in connection with the Agreement with Woodward, Inc. 549 April2, 2013 Ordinance No. 055, 2013 was adopted on First Reading on March 26, 2013, by a vote of 6-1 (Nays: Ohlson). This Ordinance has been amended on Second Reading to remove a "Whereas clause" in response to Council comments on First Reading. Ordinance No. 056, 2013 was unanimously adopted on First Reading. BACKGROUND /DISCUSSION During the First Reading ofthese Ordinances, City Council asked forfollow-up on four items. These items include: • An explanation of the$4.0 million in net benefits listed in Year ]from the Economic Impact Analysis; • An understanding of the anticipated utility usage and impact of the proposed Project; and • A description of the efforts of the City of Fort Collins related to Talent Development; and • Data on Woodward's current emissions, waste output, and recycling (some data to be provided in the Read -Before). Each item is discussed below. Year I Net Benefits Explained City Council asked for additional information related to the net benefits chart listed on Page 4 of A Report of the Economic Impact of Project Blue Home in Fort Collins, CO dated March 8, 2013 (the analysis of 1, 400 employees). Specifically, City Council would like to understand the makeup of the approximately $4.0 million in net benefits projected in Year 1. These net benefits are comprised of several revenue sources, as shown in Table 1, primarily including use tax on Construction Spending, use tax on Manufacturing Purchases, and Building Permits and.Capital Expansion Fees. The total revenue anticipated in Year I is approximately $9,325,165 less $5,305,879 in rebates for a net benefit of $4, 019,287 shown in Year I of the chart on Page 4. The economic impact analysis is based on the initial schedule presented by Woodward, which had all phases starting construction and, therefore, paying fees and use tax before the end of 2015 or Year 2 of the analysis. This schedule is subject to change. Table 1 C Year 1— Summary of Net Benefits Item Total - Less Rebates N e t Benefit Construction S endin * $2,455,089 $1,953,105 $501,984 Manufacturing Purchases $198,238 $158,591 $39,648 Building Permits &Ca italEx ansionFees** $6,671,838 $3,194,183 $3,477,655 Total $9,325,165 $5,305,879 $4,019,287 *Includes Visitor Spending and Taxable Purchases by the Firm listed on Page 36 ** Includes Lodging Taxes listed on Page 38 550 April2, 2013 Utility Impacts Water/Wastewater Based onpreliminary estimates, Woodward anticipates consuming between 8and 18 million gallons annually, which represents approximately 0.1 to 0.2 percent of the annual water treated and delivered by Fort Collins Utility (FCU). Woodward anticipates proportionate share of wastewater. This consumption equates to approximately 75 to 225 average homes. Plenty of capacity exists in the area with major water transmission lines in both Lincoln Avenue and Lemay Avenue. In addition, a major wastewater collection line crosses the site. Finally, FCU does not anticipate any negative impacts to the system from the increased water consumption. Energy Based on preliminary estimates, Woodward anticipates consuming between 2,000 and 3,000 megawatt -hours (MWh) per month. On an annual basis this represent between 1.6 and 2.4 percent of the total city energy use. The average household in Fort Collins, based on actual data, consumes approximately 740 kilowatt-hours (KWh) per month (or 0.74 MWIi). Therefore, this consumption equates to approximately 2,700 to 4,100 average households. Adequate capacity exists in the area to serve Woodward's anticipated demand. Finally, FCU does not foresee any negative impacts to the system from the increased energy consumption. Talent Development Activities In June 2012, City Council adopted the Economic Health Strategic Plan (EHSP). The plan defines four major objectives of the City regarding the continued health and resiliency of the economic in Fort Collins. One of these objectives relates to workforce development. As a result of adoption, the Economic Health Office (EHO) has begun a variety of activities in the workforce and talent development arena, including: • Conveyed a small working group to further review workforce development, including: Front Range Community College Corporate Solutions, Larimer County Workforce, Larimer Small Business Development Corporation (SBDC), and other professionals engage in workforce development —Meet Monthly • Actively participate in the Larimer County Workforce Investment Board, with SeonAh Kendall taking over the team's Board seat — Meet Monthly • Participate in the Larimer SBDC Advisory Board —Meet Monthly • Fund support of the Larimer County Workforce —Annual Workforce Summit; EHO support funds analysis of workforce conditions in Larimer County with special emphasis on the disconnect between needed skills and available workforce — Analysis Second and Third Quarter 2013, Summit in Fall 2013 • Developing a partnership with Poudre School District through the small working group — Seeond and, Third Quarter 2013 • Expanding the Business Retention and Expansion Survey to address labor and workforce issues — Spring 2013 • Participate in the Northern Colorado Healthcare Consortium, which is currently focused on developing workforce particularly nurse aids and other essential support staff for the healthcare industry — Meet Quarterly 551 April 2, 2013 • Supporting the development of a workforce report to be prepared by Lorimer County — Third Quarter 2013 • Conductseveral business site visits discussing a variety oftopics including: workforce needs and challenges and raising awareness and connection of available training grants — Multiple Meetings Monthly • Expanding the EHO team's knowledge on training grant programs available through the State of Colorado and HIB visas to leverage expertise available globally — On going • Funding the support of a Manufacturing Council for Lorimer County. The Council will include executives from the County's largest manufacturers and will focus on a wide range of topics including workforce challenges and development— Forthcoming Emissions/Waste/Recycling Two decades ago, Woodward reported air emissions to the Colorado Department of Public Health and Environment in compliance with their air permit. The AIRS database records from that time show that Woodward's emissions of VOCs (volatile organic compounds) reached just over 100 tons per year in 1993 and 1994. The VOC emissions dropped to 18 tons per year in 1995! As of 1997, VOC emissions for Woodard dropped below the de minimus reporting threshold. In June 2012, Woodward received an air permit compliance inspection confirming that Woodward is in full compliance with their air permit. The report states that over the years, the vast majority of emission points (22) have been canceled as processes have changedor been modified. As of June 2012, only a single point (#15) remains "active" and chemical throughputs regarding these solution tanks were evaluated. Both chemicals (nitric acid, hydrochloric acid) appear below de minimus level threshold,for Air Pollution Emission Notice (APEN) exemption. The most recent (2011) Toxics Release Inventory (TRI) data for'Fort Collins shows that Woodward reported emissions of 22 pounds of lead in 2011, and zero pounds of chromium, copper and nickel as shown in Attachment 2. Staff has requested historic data from the Environmental Protection Agency and the Colorado Department ofPublic Health and Environment. This data, ifreceived, will be provided as a Read Before item for the April 2, 2013 City Council meeting. In addition, staff is collecting data on Woodward's hazardous waste production and handling as well as recycling program. This data will be provided as part of a Read -Before item on April 2, 2013. BOARD / COMMISSION RECOMMENDATION The Economic Advisory Commission (EAC) met on March 27, 2103 to review thefinancial package. The EA had previously met on March 20, 2013 to review the Project description, Public Benefits, and Economic Impact Analysis of the proposed Project. The EA voted 5-1 (nays: Colton) in favor or recommending adoption of the Agreement with Woodward, Inc, see Attachment 3. The meeting minutes from March 27, 2013 are included as Attachment 4. " Bruce Hendee, Chief Sustainability Officer, provided a brief summary of the business assistance package and its benefits to the city. Since First Reading, the term "employee" has been defined to refer to a full-time employee, or the equivalent of one full-time employee, who would be working at a Fort Collins site and have available benefits. Also, since First Reading, the employee 552 April2, 2013 requirements have changed slightly and there is a rebate holdback, should those requirements not be met. Hendee discussed the anticipated water, wastewater and energy usage for the project. With respect to emissions, Hendee stated Woodward has participated in an overall management system to reduce its carbon footprint and has had no reported emissions releases between 1998 and 2010. The emissions released in 2011 were far below the state's requirements. Eric Sutherland, 3520 Golden Currant, supported the package and Woodward's model of corporate citizenship. Arvid Bloom, 1372 Iva Court, supported the business assistance package and Woodward's support of the community. Nancy York, 130 South Whitcomb, challenged Woodward to address its electrical energy use. She expressed concern about storm drainage into the Poudre River and requested air and water emissions monitoring. She commended the outgoing Councilmembers. David May, Fort Collins Area Chamber of Commerce, thanked Council for its support of the business assistance package and commended the outgoing Councilmembers. Glen Colton, 625 Hinsdale Drive, questioned why the largest companies in town do not pay their full share and questioned the impacts of additional residents on the city's resources. Mel Hilgenberg, 172 North College, supported the business assistance package. Councilmember Manvel asked about the emissions report which states the lead measurement was not based on actual measurements. Lucinda Smith, Environmental Sustainability Director, replied Woodward estimated those emissions, based on a,process looking at its control technology for the closed -loop system. An actual stack emissions test would likely yield a lower emissions amount. Councilmember Manvel asked about the 1,400 employment level in any four -week period. Hendee replied the level must be maintained for any four -week period, but noted Woodward is making a long-term commitment by locating its headquarters on the property. Councilmember Kottwitz made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 055, 2013, on Second Reading. Deputy City Attorney Daggett read changes made to the Ordinance exhibit. Councilmember Kottwitz stated she is extremely proud to support this item. She thanked Woodward, staff, and Council for work on the item. Councilmember Troxell stated he would support the business assistance package. Mayor Pro Tem Ohlson stated he would not support the business assistance package, given his reasoning from First Reading. He stated future incentive packages should include the emissions and energy and water report prior to First Reading. 553 April2, 2013 Councilmember Horak stated he would support the business assistance package and cited its benefits for both short and long term. Mayor Weitkunat expressed her enthusiastic support for the business assistance package. The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Kottwitz, Poppaw, Horak and Troxell. Nays: Ohlson. THE MOTION CARRIED. Councilmember Kottwitz made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 056, 2013, on Second Reading. Councilmember Troxell commended the economic and environmental analyses, but cautioned against static analyses in the future. The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw, Horak and Troxell. Nays: none. THE MOTION CARRIED. City Manager Atteberry commended Council for setting the context of sustainability and sustainable economic development and commended the large amount of staff work on the item. Ordinance No. 044, 2013, Authorizing the Conveyance to Woodward, Inc. of Two Non -Exclusive Permanent Drainage Easements and a Temporary Construction Easement on City -Owned Property, Adopted on Second Reading The following is the staff memorandum for this item. "EXECUTIVE SUMMARY The proposed Woodward Link-N-Greens Campus ("Woodward') will be a master planned campus providing the ability to retain and grow primary jobs for the community. The campus will accommodate Woodward's continued growth of its current operations in Fort Collins. It also includes adjacent commercial services that can be used by Woodward employees and thepublic with close access to downtown and the Mulberry corridor. The planned campus will help to improve the river corridor through the site including restoration of the natural river corridor landscape, habitat, and appropriate recreation opportunities. For this development, Woodward has requested that the City grant Woodward two permanent drainage easements for stormwater flows, one which would include construction of a buried drainage pipe and the other for a graded swale. In addition, a temporary construction easement is needed for grading, landscaping, and associated restoration work on City -owned property adjacent to the Poudre River. This Ordinance, unanimously adopted on First Reading on March 26, 2013, authorizes the conveyance of the requested easements. " 554 April2, 2013 Councilmember Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 044, 2013, on Second Reading. Councilmember Horak stated wastewater going into the Poudre will be in better shape than with the current use as a golf course. Mayor Pro Tern Ohlson stated he would support the motion, but questioned the value of the land. The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw, Horak and Troxell. Nays: none. THE MOTION CARRIED. Other Business Councilmember Horak stated the triple bottom line needs to be more consistently addressed when considering business assistance packages. Mayor Weitkunat announced a special meeting of Council to be held Tuesday, April 9, 2013. Adjournment The meeting adjourned at 7:07 p.m FORT Co yor ATTEST: W U NU UDIRZ O City Clerk 555