HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/17/2004 - SECOND READING OF ORDINANCE NO. 123, 2004, AUTHORI ITEM NUMBER: 10
AGENDA ITEM SUMMARY DATE: August 17, 2004
FORT COLLINS CITY COUNCIL STAFF: Darin Atteberry
Ken Mannon
SUBJECT
Second Reading of Ordinance No. 123, 2004, Authorizing the Amendment of the Lease of City-
owned Property at 430 North College Avenue,Fort Collins,Colorado,to Colorado State University.
RECOMMENDATION
Staff recommends the adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY
CSU has asked the City to amend the existing lease to add an additional five-year extension period
and to extend the termination notice period to five years. Extending the term of the lease and the
termination period will show a long-term commitment by the City to use of the property for the
engine lab. CSU indicates that a long-term commitment is essential for the program to obtain grants
and donations. This Ordinance was unanimously adopted on First Reading on July 20, 2004.
ORDINANCE NO. 123, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE AMENDMENT OF THE LEASE
OF CITY-OWNED PROPERTY AT
430 NORTH COLLEGE AVENUE, FORT COLLINS, COLORADO,
TO COLORADO STATE UNIVERSITY
WHEREAS,the City of Fort Collins,Colorado(the"City") is the owner of property known
as the "Old Power Plant" located at 430 North College Avenue, Fort Collins, Latimer County,
Colorado (the "Property"); and
WHEREAS, the Property was once used as the City's Power Plant but is no longer needed
by the City for utility purposes; and
WHEREAS, Colorado State University ("CSU") has been leasing this site for its small
engine research laboratory since February 15, 1994; and
WHEREAS, CSU has requested that its current lease be amended by adding another five-
year extension period and by increasing the termination notice period to five years; and
WHEREAS, leasing the Property to CSU for use as a small engine lab has been a benefit
to the community by contributing to the City's local economic vitality,as well as national and global
sustainability; and
WHEREAS, leasing the Property to CSU also benefits the City by reducing the City's cost
for maintenance and utilities, and the occupation of the Property discourages vandalism; and
WHEREAS, under Section 23-111 of the Code of the City of Fort Collins, the Council is
authorized to sell, convey or otherwise dispose of any interest in real property owned by the City
that is used as part of one of the City's utility systems,provided the Council first finds by ordinance
that such disposition will not materially impair the viability of the utility system as a whole, that it
will be for the benefit of the City's citizens, and that it is in the best interests of the City; and
WHEREAS, under Section 23-114 of the Code of the City of Fort Collins, the Council is
authorized to lease any and all interests in real property owned in the name of the City,provided that
Council first finds that the lease is in the best interests of the City.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Council hereby finds that amending the lease to CSU for the Property
at 430 North College Avenue as provided herein is in the best interests for the City of Fort Collins.
Section 2. That the City Manager is hereby authorized to execute a lease amendment
agreement for the Property, consistent with the terms of this Ordinance, together with such
additional terms and conditions as the City Manager, in consultation with the City Attorney,
determines to be necessary and appropriate to protect the interests of the City.
Introduced, considered favorably on first reading, and ordered published this 20th day of
July, A. D. 2004, and to be presented for final passage on the 17th day of August, A.D. 2004.
Olt
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 17th day of August, A.D. 2004.
Mayor
ATTEST:
City Clerk
ITEM NUMBER: 24
AGENDA ITEM SUMMARY DATE: July20, 2004
FORT COLLINS CITY COUNCIL STAFF: Darin Atteberry
Ken Mannon
SUBJECT
First Reading of Ordinance No. 0 riP_ q
en nt of the Lease of City-owned
Property at 430 North Colleg venue, rt C ' ra Colorado State University.
RECOMMENDATION
Staff recommends the adoption of the Ordinance on First Reading.
FINANCIAL IMPACT
Since the commencement of t ' ease;C orad to U er s been maintaining the property.
The total rent payment due f his lea was $ on $ ear. This amount was paid upon
execution of the Lease Agree t. h to se endure to the lease will not change the
amount of rent.
EXECUTIVE SUMMARY
The City is the owner of the "Old Power Plant Site" located at 430 North College Avenue. CSU
leases the facility from the City for use as an engine research laboratory. The Lease Agreement
between the City of Fort CollCars
U F 1 9 ad an original term of ten years
with three successive five-ye s. c en al matic,unless CSU gives notice
of its intent not to renew tw ante. is c ently in the first of the three five-
year extension periods. Thee en so lows eith arty to terminate the lease at any
time with two years notice.
CSU has asked the City to amend the existing lease to add an additional five-year extension period
and to extend the termination notice period to five years. Extending the term of the lease and the
termination period will show a long-term commitment by the City to use of the property for the
engine lab. CSU indicates that a long-term commitment is essential for the program to obtain grants
and donations.
Leasing this facility to CSU has been mutually beneficial. CSU has directly benefitted the City by
making various building improvements that have enhanced and maintained the overall integrity of
the Old Power Plant. These improvements include the repair of the roof, exterior doors and
July 20, 2004 -2- Item No. 24
windows, to prevent building deterioration. Also as required in the lease, CSU has used two
historic preservation grants to restore the existing fountain and monument to their original condition.
The CSU engine lab has contributed to the City's local economic vitality, as well as national and
global sustainability. The engine lab works closely with Woodward Governor to improve the
technology, efficiency, and competitive advantage of its worldwide product offerings. This
relationship is a significant factor in retaining this valued employer and community benefactor. In
addition, CSU's academic teaching leadershiR and international consulting has helped improve the
feasibility of small scale hydro erg r chit a' t s altnative fuels in developing third
world countries.
The research activities at the lab a resulted in the'spin-offdthree local small business entities
whose business activities serve as a model for economic vitality and sustainability. The first
business is a for-profit engineering consulting firm providing functional improvements in energy
control systems and energy use. The second business is a non-profit firm dedicated to advancing
the pace of retrofitting third world small engine energy generation uses to improve environmental
quality. The third business is a for-profit consulting and contracting firm dedicated to significantly
reducing national emissions by improving our nation's small engine pipeline transmission facilities.
It is estimated that the work to date has reduced CO2 emissions from the pipeline industry by ten
million tons. In addition, the 1 all ne Ire a has been utilized to improve
catalytic converters and reducUfo'jiiselliollu n s n o sport and recreational vehicles.
The CSU small engine lab isi o t c ponent advancing community efforts to
improve air quality, economic vitality and sustainability, and is a perfect example of the partnering
required for technology transfer, innovation, and emerging business cluster development in the
community.