HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/05/1999 - RESOLUTION 99-4 STATING THE CITYS INTENT TO NOT AC AGENDA ITEM SUMMARY ITEM NUMBER: 24DATE: January 5, 1999
FORT COLLINS CITY COUNCIL STAFF:
• Carol Tunner
SUBJECT:
Resolution 994 Stating the City's Intent to Not Act as a Reviewing Entity for the Colorado Historic
Preservation Income Tax Credit for Qualifying Historic Rehabilitation Projects for 1999.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
EXECUTIVE SUMMARY:
As a Certified Local Government, Fort Collins has the opportunity each year to choose to be a
reviewing entity for the Colorado Historic Preservation Income Tax Credit during the next calendar
year. The City Council must adopt a resolution stating whether or not it intends to take on this
responsibility each year.
Fort Collins became a Certified Local Government in 1991 when the Colorado Income Tax Credit
was instituted,but didn't take on the reviewing entity function for this program until 1995. For the
next three years, the Landmark Preservation Commission (LPC) was the reviewing entity and
performed design review on qualifying historic rehabilitation projects for the Colorado Income Tax
Credit. In 1998, the LPC elected to not be the reviewing entity for that year.
On December 9 (minutes attached)the LPC again made the decision to recommend that the City
decline the reviewing entity function for the Colorado Historic Preservation Income Tax Credit in
1999. The basis for the recommendation to not act as reviewing entity for the next year is twofold.
First, the staff resources needed to administer the State's program have steadily grown as the tax
credits have become more popular,and as a result has taken staff resources away from other,higher
priority local preservation activities. Second,the Tax Credit Program contains some requirements
which the City has no control over,but yet has created discord for both the City and applicants. The
LPC and City staff believe that the "costs" outweigh the "benefits" of continuing to assume the
review authority.
The reviewing entity function will continue to be administered by the Colorado Historical Society
staff for the 1999 calendar year, and the program will still be available to Fort Collins citizens
through 1999. 'The Colorado Historic Income Tax Credit expires in 1999 unless it is reauthorized
by the state legislature.
RESOLUTION 99-4
OF THE COUNCIL OF THE CITY OF FORT COLLINS,
STATING THE CITY'S INTENT TO NOT ACT AS A REVIEWING ENTITY FOR THE
COLORADO HISTORIC PRESERVATION INCOME TAX CREDIT FOR QUALIFYING
HISTORIC REHABILITATION PROJECTS FOR 1999
WHEREAS, Section 39-22-514 of the Colorado Revised Statutes establishes rehabilitation
tax credits for historic structures throughout the state; and
WHEREAS,the City of Fort Collins is a Certified Local Government within the meaning
of the provisions of 16 U.S.C. Section 470a(c)(1), as amended, and is eligible to review
rehabilitation tax credit projects as a"reviewing entity," as defined in Section 39-22-514(12)(i)(I),
C.R.S.; and
WHEREAS,the provisions of Section 39-22-514(10)(a),C.R.S.,require that each Certified
Local Government must annually adopt a Resolution stating whether such Certified Local
Government will act as a reviewing entity during the following twelve (12) months; and
WHEREAS, the Fort Collins Landmark Preservation Commission, as the City of Fort
Collins'official review board for historic resources,has recommended that the City Council decline
the reviewing entity function for the Colorado Historic Preservation Income Tax Credit and give this
function to the Colorado Historical Society for the calendar year 1999.
NOW THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the City of Fort Collins hereby declines to act as a reviewing entity for the purposes
of subsections (3) and(6) of Section 39-22-514, C.R.S., for calendar year 1999.
Passed and adopted at a regular meeting of the City Council held this 5th day of January,
A.D. 1999.
Mayor
ATTEST:
City Clerk
•
LANDMARK PRESERVATION COMMISSION
Regular Meeting
December 9, 1998
Council Liaison: Scott Mason
Staff Liaison: Joe Frank (221-6376)
Commission Chairperson: Per Hogestad (303-292-1875)
EXCERPT:
OTHER BUSINESS:
State Tax Credit Reviewing Resolution for 1999
Ms. Tunner said that she needs to have a resolution from the Commission for the
State Tax Credit; whether the Commission would like to do the design review for
next year. Every year, the Commission has an option whether they are going to
be the reviewing entity for the State Tax Credit or to let the review be done by the
Colorado State Historical Society. The background on this is that the State Tax
Credit started in 1991. For the first four years the LPC did not do the review but
they did do it from 1995-1997. This year, 1998, they declined to do it. Ms. Tunner
explained that one reason the review was sent down to the State was because
the LPC was uncomfortable dealing with design review on interiors where even
• built in dishwashers are approvable for the credit. The other reason was because
of a lack of staff time, since staff is still a half-time employee.
Mr. Hogestad stated that he thought that it also caused a lot of ill will. Ms. Ore
asked for clarification. Mr. Hogestad explained that the LPC asked for a lot of
documentation, and necessarily so, and people thought that that was asking too
much. Ms. Ore said agreed that the State should do the review.
Ms. Tunner explained that what the motion needs to be is a recommendation to
City Council that the LPC does or does not want to be the reviewing agent.- Mr.
Tanner moved that the LPC not be the review entity for the State Tax Credit in
1999. Ms. Ore seconded the motion, which passed unanimously. (6-0)
Submitted by Nicole Sneider, Secretary