Loading...
HomeMy WebLinkAboutMINUTES-06/02/1998-RegularJune 2,1998 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, June 2, 1998, 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: Azari, Bertschy, Byrne, Kneeland, Mason and Smith. Councilmembers Absent: Wanner arrived at 6:25 p.m. Staff Members Present: Fischbach, Krajicek, Roy. Agenda Review City Manager Fischbach noted that two resolutions relating to grant revenue to fund specialized transit services have been prepared for consideration under Other Business. Kelly Ohlson, 2040 Bennington Circle, requested that Item # 16 First Reading of Ordinance No.101, 1998, Authorizing the Issuance of City of Fort Collins, Colorado, Downtown Development Authority Taxable Subordinate Tax Increment Revenue Bonds, Series 1998, Dated July 1, 1998, for the Purpose of Financing Certain Capital Improvements and Capital Projects, and Providingfor the Pledge of Certain Incremental Ad Valorem Tax Revenues to Pay the Principal of, Interest on and Any Premium Due in Connection with the Redemption of the Bonds be withdrawn from the Consent Agenda. CONSENT CALENDAR Second Reading of Ordinance No 92, 1998, Appropriating Prior Year Reserves and Unanticipated Revenue in the General Fund. Ordinance No. 92, 1998, which was unanimously adopted on First Reading on May 19, 1998, appropriates 1997 lodging tax receipts dedicated to Cultural Development and Programming (CDP), Visitor Events, and Tourism Capital. In addition, it appropriates unexpended 1997 appropriations for CDP and visitor events, and revenue received for CDP in 1997 and 1998 for use in the specified programs. June 2, 1998 8. Second Reading of Ordinance No. 93, 1998, Apnrororiatin , Prior Year Reserves in the Capital Expansion Fund for hnprovements Relating to the Provision of Library Services. The Library staff and the Library Board have been working on updating the Capital Improvements Plan for the Library. The Board submitted its long-range plan, entitled "Into the 21 st Century" to Council in October of 1995, but did not request Council approval of that Plan. Since that time, Council authorized certain capital improvement expansion fees, including a fee for library capital improvements. These fees are found in Chapter 7.5, Article II of the City Code. This Article provides that the expansion fees may only be spent on improvements identified in the Capital Improvements Plan for library services and further provides that this Plan must be part of the City's Comprehensive Plan. Ordinance No. 93, 1998, was unanimously adopted on First Reading on May 19, 1998 and appropriates the funds for this purpose. 9. Second Reading of Ordinance No. 94, 1998, Appropriating Funds from the Affordable Housing Trust Fund Reserve for Use as Matching Funds for the Larimer Home hnprovement Rehabilitation Program. The Larimer Home Improvement Program (LHIP) is a multi -jurisdictional program that focuses on providing loans to low income households for the purpose of making safety and structural repairs to their homes. Since its inception in 1994, the program has issued 41 home rehabilitation loans to low income households in Fort Collins. The program is administered by the Loveland Housing Authority and uses State of Colorado HOME funds as the primary funding source. In addition to the HOME funds, the State requires each participating jurisdiction to provide 25% in matching funds. The City of Fort Collins match has continued to be $22,500 annually. Ordinance No. 94, 1998, which was unanimously adopted on First Reading on May 19,1998, appropriates matching funds from the Affordable Housing Trust Fund Reserve for the Larimer Home Improvement Rehabilitation Program. 10. Second Reading of Ordinance No. 95, 1998, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations to be Used for the Construction of the Second Segment of the Harmony Road Bikeway Project. Resolution 98-85, which was unanimously adopted on May 19, 1998, approved the contract between the City and CDOT to proceed with the final design documents and construction of the second phase of the Harmony Road Bikelane Project. Ordinance No. 95, 1998, which was also unanimously adopted on First Reading on May 19, 1998, authorizes the transfer of funds for the second segment of Project. 49 June 2, 1998 11. Second Reading of Ordinance No. 96, 1998, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for That Certain Property Known as the Northstar Mobile Home Community Rezoning. Ordinance No. 96,1998, which was unanimously adopted on First Reading on May 19,1998, rezones approximately 2.79 acres located north of LaPorte Avenue and west of Fishback Avenue from the T, Transition, Zoning District to the LMN, Low -Density Mixed -Use Neighborhood, Zoning District. APPLICANTS: Mike Bond/Robyn Laird NorthStar Mobile Home Community 1700 LaPorte Avenue Fort Collins, CO 80521 OWNERS: Same 12. Second Reading of Ordinance No. 97, 1998, Adjustingthe he Capital Improvement Expansion and Neighborhood Parkland Fees for Increases in Inflation Based on the Denver -Boulder Consumer Price Index. With the adoption of Ordinance No. 172, 1997, Council approved increases in the Capital Improvement Expansion Fees. Upon receipt of the most recent updates to the City Code, staff noted that two of the fee amounts in the Fire Protection Capital Improvement Fee Schedule were incorrect. When Council adjusted the fee schedules for the increase in the Denver -Boulder Consumer Price Index, all fees were to increase by 7.32%. Two fee categories, those for housing units from 1,701-2,200 square feet and those 2,200 square feet and over received incorrect adjustments. Ordinance No. 97, 1998, which was unanimously adopted on First Reading on May 19, 1998, makes the corrections to the fee schedule, effective as of the intended date for the new fees, January 1, 1998. 13. Second Reading of Ordinance No. 98, 1998, Authorizing the Conveyance of Certain Real Property at Maxwell Open Space and an Access Easement to Fort Collins -Loveland Water District in Exchange for Certain District Property. In the fall of 1997, the District requested that the City assist in correcting two problems that affect the District's foothills water storage site. First, the District proposed that the City work with the District to clarify and adjust the legal boundaries of the District's water storage site, to reflect the actual location of the District's water tanks. Second, the District requested that the City formalize an access easement that has been used historically by the District in connection its water storage facility. 50 June 2, 1998 The District originally purchased the water storage site from Venture Development, Inc., in 1972. Since the time of that purchase, the site has been surrounded by the City's Maxwell Open Space. As a result, the City's cooperation is needed to assist the District in correcting the listed problems. The District's access is across Colorado State University property, up the Dixon Lateral Road, and finally up the hillside over an access road which has been used by the District since 1972 but is not of record. This access can be best resolved by the City conveying an access easement to the District over the existing access road. The proposed boundary line adjustment reflects the existing configuration and location of the District's facilities, and will result in no net loss of property for the City. It is proposed that the City and District exchange by quitclaim deed land parcels to result in District ownership of the property on which District facilities are located. Ordinance No. 98, 1998, was unanimously adopted on First Reading on May 19, 1998. 14. Second Reading of Ordinance No. 99, 1998, Authorizing the Conveyance of a Non - Exclusive Easement for a Sanitary Sewerline to the Boxelder Sanitation District. Ordinance No. 99,1998, which was unanimously adopted on First Reading on May 19,1998, authorizes the conveyance of a non-exclusive easement for a sanitary sewerline to help the Colorado Department of Transportation ("CDOT") in correcting a serious problem with the failure of CDOT's highway rest station septic system. 15. First Reading of Ordinance No. 100, 1998, Appropriating Unanticipated Revenue in the Capital Projects Fund for the Design and Construction of the Civic Center Parking Structure. This Ordinance appropriates proceeds from the receipt of funds from Larimer County in order to proceed with the design and construction of the Civic Center Parking Structure on Block 21 in downtown Fort Collins, consistent with the Civic Center Master Plan and Downtown Parking Plan. The total cost of the project is expected to be $11.2 million. The entire structure to be constructed is expected to have about 900 parking spaces and approximately 15,000 square feet of retail and office space. 51 June 2, 1998 16. First Reading of Ordinance No. 101, 1998, Authorizing the Issuance of City of Fort Collins. Colorado, Downtown Development Authority Taxable Subordinate Tax Increment Revenue Bonds, Series 1998, Dated July 1, 1998, for the Purpose of Financing Certain Capital Improvements and Capital Projects: and Providing for the Pledge of Certain Incremental Ad Valorem Tax Revenues to Pay the Principal of, Interest on and Any Premium Due in Connection with the Redemption of the Bonds. At its November, 1996 Board of Directors meeting, the Downtown Development Authority (DDA) considered the development of a mixed -use development project to be located at the site of the old Mawson Lumber Store on the southeast comer of East Mountain Avenue and Mathews Street. The proposal consists of a bank (Home State Bank), ground level retail, upper level rental housing and owner -occupied housing to the rear of the site. 17, First Reading of Ordinance No. 102,1998, Amending Ordinance No. 170,1979, by the Local Landmark Designation of the Public Rights -of -Way and Certain Other Real Property Owned by the City of Fort Collins and by the Downtown Development Authority, Located within the Perimeter of the Old Town Fort Collins Historic District Pursuant to Chapter 14 of the City Code. This Ordinance designates the public rights -of -way and certain other real property, owned by the City of Fort Collins and by the Downtown Development Authority located within the perimeters of the Old Town Fort Collins Historic District, and not previously specifically described as a part of the local landmark district in Ordinance No. 170, 1979, in order to conform the legal description to that intended. 18. First Reading of Ordinance No. 103, 1998, Authorizing the Sale of Approximately Square Feet of Land Located North of the Eastside Neighborhood Park Site to Elmer J. Herbertson. In 1994, the City purchased 1.89 acres of land to be added to the Laurel School site, creating a total of 9.7 acres for the Eastside Neighborhood Park. A portion of the 1.89 acres purchase included a remnant of land north to Laurel Street. The remnant has never been used as part of the park site since there is joint school/park access off of Laurel. Since the purchase, staff has been negotiating with the property owner to the north to exchange the remnant for a strip of land along his southerly property boundary. The owner has finally agreed to this exchange. The additional land (8285 square feet) on the park's northerly property boundary provides a larger landscaped buffer between the Laurel School playground area and the park pathway. Landscape improvements for the new park will be completed by the City in late 1998 or Spring of 1999. 52 June 2, 1998 19. First Reading of Ordinance No. 104, 1998, Authorizing the Grant of Two Permanent Non - Exclusive Storm Drainage Easements and Three Related Temporary Construction Easements to First Healthcare Corporation. First Healthcare Corporation is requesting two (2) storm drainage easements and related temporary easements which are in the floodplain located on Fossil Creek Community Park to convey drainage from the Vencor site to the Fossil Creek channel. Pipelines are being used to minimize potential erosion. The runoff from the Vencor site is to be treated in water quality ponds prior to discharge into the channel and any park area disturbed will be re- seeded with native grasses. Parks Planning and Natural Resources staffs, and the Stormwater Utility have approved the easements. 20. Items Relating to Adoption of the Martinez PUD. A. First Reading of Ordinance No. 105, 1998, Amending Ordinance No. 86, 1997 to Vacate the Easement and Right -of -Way for Public Street as Recorded February 9, 1976, in Book 1684 at Page 895. B. First Reading of Ordinance No. 106, 1998, Amending Ordinance No. 193, 1997 to Include a Revised Legal Description to the Grant of Drainage Easement to Wonderland Hill Development Company for Drainage Facilities and an Outfall to the Poudre River. C. Resolution 98-88 Accepting the Revised Legal Description for the Deed of Dedication of Additional Parkland which Was Recorded in Larimer County Records June 30, 1997, at Reception No. 9704110. Last year, City staff worked with the Lee Martinez Neighborhood Association, Wonderland Hill Development Corporation and the Downtown Development Authority on the development of an 11.38 acre parcel of land bordering Lee Martinez Park. Wonderland purchased the land from Trillium Corporation for a co -housing development and worked closely with the Neighborhood Association and the City to make the development compatible with the neighborhood and the park. As part of that effort, Council adopted Ordinance No. 86, 1997, vacating a Grant of Easement and Right -of -Way and also adopted Ordinance No. 193, 1997 granting certain easements to Wonderland Hill Development Company in exchange for a Deed of Dedication from Wonderland for additional parkland. Since that time, the consulting engineering firm for the project has identified a change in the pattern of drainage flows from earlier assumptions, which requires a larger easement to better accommodate the drainage and swale design. In addition, the firm discovered errors in the legal descriptions it provided for the vacation and the dedication documents. In order to accommodate the different storm water flows and correct the legal descriptions, staff is requesting Council's adoption of these items. 53 June 2, 1998 21. Items Relating_to the Selection of Sites for Building Community Choices Capital Improvement Projects. A. Resolution 98-89 Directing Staff to Acquire a Site fora New Performing Arts Center to be Located in the Downtown Area. B. Resolution 98-90 Identifying a Site for the New Northside Aztlan Community Center. On May 12, Council, the Cultural Resources Board, the Parks and Recreation Board and staff met in a Study Session to discuss site selection for a new Performing Arts Center and the new Northside Aztlan Community Center. The projects are both apart of the voter -approved Building Community Choices capital improvement program. 22. Routine Deeds and Easements. A. Deed of Easement from A & E Miller Enterprises LTD, for permanent drainage easement and storm water detention pond, located at 1015 South Taft Hill Road. Monetary consideration: $10. B. Deed of Easement from Arthur Mauldin and Ronald Rockvam, for an access, drainage and stormwater detention easement, located on the east side of 4800 block of South College Avenue. Monetary consideration: $0. C. Deed of Easement from Arthur Mauldin and Ronald Rockvam, for a drainage and grading easement, located on the east side of the 4800 block of South College Avenue. Monetary consideration: $0. D. Deed of Easement from Arthur Mauldin and Ronald Rockvam, for a temporary construction easement, located on the east side of the 4800 block of South College Avenue. Monetary consideration: $0. E. Deed of Easement from James M. And Martha M. Dwyer, for Johnson Drive ROW dedication, located between Johnson Drive, South College Avenue, and Spring Court. Monetary consideration: $0. 54 June 2, 1998 F. Deed of Easement from James M. and Martha M. Dwyer, for a drainage and utility easement, located west of South College Avenue and south of Johnson Drive. Monetary consideration: $0. G. Deed of Easement from James K. Anstett, for a drainage and utility easement, located west of South College Avenue and south of Johnson Drive. Monetary consideration: $0. H. Deed of Easement from Robert and Linda Wilson for a utility, grading, drainage and access easement, located at the southwest corner of Centre Avenue and Worthington Avenue. Monetary consideration: $10. I. Deed of Easement from Westridge Estates Homeowners' Association, for the Fossil Creek Trail System and buffer for Taft Canyon PUD, located in the northeasterly corner of Track `B" of Westridge Estates PUD. Monetary consideration: $10. J. Deed of Easement from New Belgium Brewing Company, to install new underground electric system, located at 500 Linden. Monetary consideration: $10. K. Deed of Easement from Ray B. and Audrey A. Hess, to relocate electric vault to underground electric system, located at 400 Jefferson. Monetary consideration: $693. Items on Second Reading were read by title by City Clerk Wanda Krajicek. Second Reading of Ordinance No. 92, 1998, Appropriating Prior Year Reserves and Unanticipated Revenue in the General Fund. Second Reading of Ordinance No. 93, 1998, Appropriating Prior Year Reserves in the Capital Expansion Fund for Improvements Relating to the Provision of Library Services. 9. Second Reading of Ordinance No. 94, 1998, Appropriating Funds from the Affordable Housing Trust Fund Reserve for Use as Matching Funds for the Larimer Home Improvement Rehabilitation Program. 10. Second Reading of Ordinance No. 95, 1998, Appropriating Unanticipated Revenue and Authorizina the Transfer of Appropriations to be Used for the Construction of the Second Segment of the Harmony Road Bikeway Project. 55 June 2, 1998 11. Second Reading of Ordinance No. 96, 1998, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning_ Classification for That Certain Property Known as the Northstar Mobile Home Community Rezoning. 12. Second Reading of Ordinance No. 97,1998, Adjusting the Capital Improvement Expansion and Neighborhood Parkland Fees for Increases in Inflation Based on the Denver -Boulder Consumer Price Index. 13. Second Reading of Ordinance No. 98, 1998, Authorizing the Conveyance of Certain Real Property at Maxwell Open Space and an Access Easement to Fort Collins -Loveland Water District in Exchange for Certain District Property. 14. Second Reading of Ordinance No. 99, 1998, Authorizing the Conveyance of a Non - Exclusive Easement for a Sanitary Sewerline to the Boxelder Sanitation District. Items on First Reading were read by title by City Clerk Wanda Krajicek. 15. First Reading of Ordinance No. 100, 1998, Appropriating Unanticipated Revenue in the Capital Projects Fund for the Design and Construction of the Civic Center Parking Structure. 16. First Reading of Ordinance No. 101, 1998 Authorizing the Issuance of City of Fort Collins Colorado Downtown Development Authority Taxable Subordinate Tax Increment Revenue Bonds Series 1998, Dated July 1, 1998, for the Purpose of Financing Certain Capital Improvements and Capital Projects• and Providing for the Pledge of Certain Incremental Ad Valorem Tax Revenues to Pay the Principal of, Interest on and Any Premium Due in Connection with the Redemption of the Bonds. 17. First Reading of Ordinance No. 102,1998, Amending Ordinance No. 170,1979, by the Local Landmark Designation of the Public Rights -of -Way and Certain Other Real Property Owned by the City of Fort Collins and by the Downtown Development Authority. Located within the Perimeter of the Old Town Fort Collins Historic District Pursuant to Chapter 14 of the City Code. 18. First Reading of Ordinance No. 103, 1998, Authorizing the Sale of Approximately 8,284 Square Feet of Land Located North of the Eastside Neighborhood Park Site to Elmer J. Herbertson. 19. First Reading of Ordinance No. 104, 1998, Authorizing the Grant of Two Permanent Non - Exclusive Storm Drainage Easements and Three Related Temporary Construction Easements to First Healthcare Corporation. M June 2, 1998 20. Items Relating to Adoption of the Martinez PUD. A. First Reading of Ordinance No. 105, 1998, Amending Ordinance No. 86, 1997 to Vacate the Easement and Right -of -Way for Public Street as Recorded February 9, 1976, in Book 1684 at Page 895. B. First Reading of Ordinance No. 106, 1998, Amending Ordinance No. 193, 1997 to Include a Revised Legal Description to the Grant of Drainage Easement to Wonderland Hill Development Company for Drainage Facilities and an Outfall to the Poudre River. 25. Items Relating to the City's Fiscal Year 1998-99 Community Development Block Grant and Home Investment Partnerships Programs. A. First Reading of Ordinance No. 107,1998, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Program Years in the Community Development Block Grant Fund. B. First Reading of Ordinance No. 108,1998, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Program Years in the Home Investment Partnerships Fund. 26. Items Relating to Economic Policies. A. First Reading of Ordinance No. 109, 1998, Continuing a Temporary Manufacturing Equipment Use Tax Rebate Program for Fort Collins Manufacturers. B. First Reading of Ordinance No. 110, 1998, Suspending the Street Oversizing Fee Exemption Program for an Indefinite Period. C. First Reading of Ordinance No. 111,1998, Suspending the Development Impact Fee Rebate Program for an Indefinite Period. Councilmember Bertschy made a motion seconded by Councilmember Smith to adopt and approve all items not removed from the Consent Agenda. The vote on the motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason and Smith. Nays: None. THE MOTION CARRIED. 57 June 2, 1998 Councilmember Reports Councilmember Mason reported on the Growth Management Committee meeting, which discussed where convenience stores are allowed under the Land Use Code, and possible seeding strategies for encouraging developments in the downtown area, commercial areas, and medium density mixed use neighborhoods. Ken Waido also made a presentation on the population growth rate. Councilmember Kneeland reported that the Growth Management Committee also discussed regional intergovernmental agreements with representatives from the towns of Loveland, Windsor and Timnath. Councilmember Byme reported on the Finance Committee meeting which discussed the Celestica development fees and reviewed the economic impact model. The Committee also discussed municipal districts. Councilmember Mason noted that the Finance Committee also discussed the productivity savings policy and the need to issue a request for proposals for the annual audit. Councilmember Kneeland reported that the Council representatives to the Poudre School District Liaison Committee met with staff and discussed Building Community Choices guidelines and criteria. Councilmember Smith stated that he attended the National League of Cities Youth Education and Families Committee and Colorado Municipal League Youth Issues Committee meetings, which discussed an integrated community for young people. Councilmember Bertschy noted that applications are needed for the Planning and Zoning Board and the CDBG Committee. Items Relating to the City's Fiscal Year 1998-99 Community Development Block Grant and Home Investment Partnerships Programs, Adopted on First Reading The following is staff s memorandum on this item. "Executive Summary A. Public Hearing and Resolution 98-91 Adopting Fiscal Year 1998-99 Community Development Block Grant Programs and Projects. m June 2, 1998 B. Public Hearing and Resolution 98-92 Adopting Fiscal Year 1998-99 Home Investment Partnerships Programs and Projects. C. Resolution 98-93 Establishing a Policy for the Allocation of Funding in the Form of Loans versus Grants for Certain Types of Housing Projects. D. First Reading of Ordinance No. 107, 1998, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Program Years in the Community Development Block Grant Fund. E. First Reading of Ordinance No. 108, 1998, Appropriating Unanticipated Revenue and Authorizing the Transfer of Appropriations Between Program Years in the Home Investment Partnerships Fund. The Community Development Block Grant (CDBG) Program and the Home Investment Partnerships (HOME) Program provide Federal funds from the Department of Housing and Urban Development (HUD) 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. Resolution 98-91 will establish which programs and projects will receive funding with CDBG funds for the FY 1998-99 program year which starts on October 1, 1998, while Resolution 98-92 will establish which programs and projects will receive funding with HOMEfunds for the FY 1998-99 program year which also starts on October 1, 1998. Resolution 98-93 establishes a policy for the allocation of funding from the CDBG and HOME programs in the form of loans versus grants for certain types of housing projects. BACKGROUND: The City Council is being asked to consider two resolutions establishing which programs and projects will receive funding with CDBG and HOME funds for the FY 1998-99program year, which start on October 1, 1998. Since early January ofthis year, the CDBG Commission and the City's CDBG and HOME Program staffs have conducted public hearings to assess community development and housing needs in Fort Collins and solicited applications for CDBG and HOME funding. Further, the Commission has reviewed the written applications, personally interviewed applicants, analyzed the applications, and formulated a list ofrecommendations to the City Council as to which programs and projects should receive funding. The Commission utilized several criteria to determine priorities in the process to establish its list of recommendations, including: 59 June 2, 1998 • leveraging, - acquisition versus operations; • success rate; • ability to complete proposal; • meeting community needs; • long-term impact; • full or partial funding; • competing projects or providers; and • alternate funding. The CDBG Program is an ongoing grant administration program funded by HUD. The CityofFort Collins has received CDBG Program funds since 1975. In 1975 and FY 1976-77 the City received HUD CDBG discretionary grants. Since FY 1977-78, the City has been an Entitlement Grant recipient ofCDBGfunds, meaning the City is guaranteed a certain level offunding each year. The level offunding is dependent on the total amount offunds allocated to the program by Congress and on a formula developed by HUD, which includes data on total population, minorities as a percentage of population, income levels, housing stock conditions, etc. Additional background information on the City's Community Development Block Grant Program is presented in Appendix "A"attached to this report. The HOME Program was authorized by the National Affordable Housing Act of 1990 to provide funds for a variety of housing related activities, to strengthen the ability of local governments to provide housing, and to expand the capacity of non-profit community -based housing development organizations to provide affordable housing. In May of 1994, the City received designation as a Participating Jurisdiction in the HOME Program, which in effect is similar to the City's designation as an Entitlement communityfor the CDBG Program, meaning the City is guaranteed a certain level offunding each year. Additional background information on the City'sHOMEProgram is presented in Appendix "B" attached to this report. AVAILABLE FUNDS The amount of the City's CDBG Entitlement Grant for FY 1998-99 is $1,162, 000. The Entitlement Grant will be combined with $50,000 of CDBG Program Income and $216,875 of CDBG Reprogrammed Funds. Combining all sources of funds/income provides the City with a total of $1,428,875 of CDBG funds available for programs and projects during the next CDBG Program year. The City's HOME Program grant for the FY 1998-99 is $569, 000 which will be combined with $50, 000 of HOME Program Income and $59, 900 of HOME Reprogrammed Funds to make a total of $678, 900 available for programs and projects during the next HOME Program year. The following summarizes the amount and sources of available funds: AMOUNT SOURCE $1,162,000 FY'98 CDBG Entitlement Grant 50,000 CDBG Program Income 216,875 CDBG Reprogrammed Funds $1, 428, 875 CDBG Sub -Total June 2, 1998 AMOUNT SOURCE $ 569,000 FY'98 HOME Participating Jurisdiction Grant 50,000 HOME Program Income 59,900 HOME Reprogrammed Funds $ 678,900 HOME Sub -Total CDBG Program Income includes funds returned to the City through the payment of past housing rehabilitation loans. CDBG Reprogrammed Funds are funds which were not expended during the previous program year; $166,875 were reserved for contingency purposes and $50,000 were previously approved for use by TRAC in connection with the now defunct Parkway Townhouses Phase II project. HOMEProgram Income includes funds returned to the City through the repayment of down payment assistance grants. HOME Reprogrammed Funds are funds which were not expended during the previous program year. Below is a summary of recent CDBG funding levels allocated from HUD to the City of Fort Collins: Entitlement Reprogrammed Program Year Grant Funds Income Total Funds 1989 679,000 90,000 100,000 869,000 1990 645,000 50,000 30,000 725,000 1991 728,000 160,000 30,000 918,000 1992 802,000 30,000 50,000 88Z 000 1993 1,091,000 50,000 90,000 1,231,000 1994 1,187,000 30,000 50,000 1,267,000 1995 1,231,000 0 40,000 1,271,000 1996 1,202,000 0 40,000 1,242,000 1997 1,188,000 181,273 50,000 1,419,273 61 June 1, 1998 1998 1,162,000 216,875 50,000 1,428,875 Below is a summary of recent HOMEfunding levels allocated from HUD to the City of Fort Collins: HOME Reprogrammed Program Year Grant Funds Income Total Funds 1994 500,000 0 0 500,000 1995 455,000 0 0 455,000 1996 539,000 0 0 539,000 1997 533,000 0 0 533,000 1998 569,000 59,900 50,000 678,900 SELECTIONPROCESS The selection process for the City's FY 1998-99 CDBG and HOME Programs began on January 8, 1998, when the CDBG Commission held a public hearing to obtain citizen input on community development and housing needs. The CDBG and HOME Program offices placed legal advertisements in local newspapers starting in January and running through March, to solicit requests for CDBG and HOME funded programs and projects for FY 1998-99. The application deadline was Thursday, March 26. At the close of the deadline the City received 32 applications requesting total ofapproximately $4.7 million (two applications were specificallyHOMEProgram applications requesting $260, 000). Copies ofall applications were forwarded through the City Manager's office to the City Council on April 8 and placed in the Council Office for review. Copies of all applications were distributed to the CDBG Commission on April 9. On Wednesday, April29, and Thursday, April30, the Commission met to hearpresentations and ask clarification questions from each applicant. The Commission then met on Wednesday, May 6, for the purpose ofpreparing a recommendation to the City Council as to which programs and projects should be funded for the FY 1998-99 program year. At this meeting the Commission reviewed the written applications, the applicant's verbal presentation, the information provided during the question and answer session, and reviewed the performance of agencies who received FY 1997-98 CDBG and/or HOME funds or funding in other previous years. The Commission then worked on formulation of its list of recommendations. A copy of the Commission's minutes from the meeting is attached. 62 June 2, 1998 CDBG COMMISSION'S LIST OF RECOMMENDATIONS HUD CDBG regulations limit the amount of available funds which can be allocated to various generic categories. Funds for Planning and Administrativepurposes are limited to 20%ofthe total of the Entitlement Grant and any anticipated Program Income. This means the 20% limitation for Planning and Administrative purposes is $242, 400. CDBG funds for Public Services are limited to 15% of the total of the Entitlement Grant and anticipated Program Income, making the amount $181, 800. HUD HOME Program regulations limit the amount of available funds which can be allocated for Administrative purposes to 10% of the HOME Grant. This means the 10% limitation for Administrative purposes is $56,900. HOME Program regulations also require that 15% of the HOME Grant be set aside for projects by community -based housing development organizations (CHDOs). This means that $85,350 must be set aide for CHDOs. At this time, CARE Housing, Inc., is the only approved CHDO in the city. The Commission, thus, not only had to decide which applicants presented programs and projects which best fit into the City's CDBG and HOME Programs, but also had to insure funding allocations/requirements were kept within HUD regulations. The Commission utilized several criteria to determine priorities in the process to establish its list of recommendations. These criteria were established after a discussion with the City Council at a study session conducted in December 1995, and include: HIGHER PRIORITY CRITERIA 1. Leveraging Guideline: The leveraging of private and non-federal funds is a very im op rtant consideration in making an allocation of CDBG and HOMEfunds. Applicants will be asked to indicate the amount of leveraging, including in -kind services, dollars, and/or labor associated with their CDBG and HOME proposal. 2. Acquisition versus Operations Guideline: Acquisition proposals which provide assets to the community will be given greater weight over proposals which are operational in nature. 63 June 2, 1998 3. Success Rate Guideline: Applicants who demonstrate continued success in achieving community needs will receive extra consideration for funding. On the other hand, applicants who have failed to achieve their proposal in a timely manner may not receive additional funding. 4. Ability to Complete the Proposal During a Program Year Guideline: Applicants who provide information indicating a capability to complete their proposal during the program year will receive consideration for funding over applicants whose abilities can be questioned. S. Meeting Community Needs Guideline: Applicants mustprovide support oftheir application through some sort ofneeds assessment, preferably through the use of an objective data source, and not rely solely on anecdotal information. An applicant may also submit a service history of projects from other communities. Funding allocations will be made to proposals which meet the greatest community needs. 6. Long -Term Impact Guideline: Applicants whose proposal has additional long-term impacts beyond the specifics of the proposal will receive greater consideration for funding. LOWER PRIORITY CRITERIA 1. Full or Partial Funding Guideline: Iffunds are not available to support a proposal at the lowest acceptable level, no funds will be granted to the proposal. z Competing Projects or Providers Guideline: Applicants will need to demonstrate theirproposal is not a duplication ofeffort or a duplication of service provision, including administrative, volunteer efforts, and acquired service ability. 64 June 2, 1998 3. Alternate Funding Guideline: An applicant will need to discuss what otherfunding sources are available. Full disclosure of available and applied for funds is considered essential, required, and mandatory. The Commission needs to know if the project can continue if CDBG/HOME funds cease to exist. OTHER CONSIDERATIONS 1. Equal Competition Guideline: All proposals are considered equally, there is no preference given to new proposals requesting "seed" money, and likewise, there is no preference given to proposals which were previous recipients ofCDBG/HOME funds. Continued CDBG/HOMEfunding from one year to the next is not guaranteed and funding is not a "right" of any applicant. 2. Sequential Grant Limit Guideline: There is no limit to the number of times an applicant may receive funding from the CDBG/HOME Program, all applicants are considered equally, however, continued CDBG/HOME funding from one year to the next is not guaranteed. Listed below is a summary ofeach applicant's initial request for funding and the Commission's list of recommendations. Requests and Recommendations specifically for funding with HOME funds are identified by an H: PLANNING and ADMINISTRATION (20% of CDBG Entitlement Grant and Program Income) (10% of HOME Grant) RECOMMENDED REQUEST FUNDING APPLICANT PROGRAM/PROJECT $121, 353 56,900 H $121,353 56,900 H City of Ft. Collins City of Ft. Collins 65 CDBG Program Administration HOME Program Administration June 2, 1998 ACQUISITION RECOMMENDED REQUEST FUNDING APPLICANT PROGRAMIPROJECT $ 27,000 (1) X DDA Facade/Sidewalk Improvement Program 300,000 0 Woman's Center ServiceNet Building 99,500 0 Hahitatfor Humanity Acquisition, Construction and Development Costs (1 unit) 656,750(2) 0 Palladian Const. Co. Acquisition of Land (259 SF units and 21 accessory units) HOUSING RECOMMENDED REQUEST FUNDING APPLICANT PROGRAM/PROJECT $ 28,500 28,500 Habitat for Humanity Development Costs (3 units) 749,305 200,000 Ft. Collins Housing Senior Apartments (72 units) Investors, L.P. 250,000 138,222 Concorde Capital Richard's Lake Townhomes (54 Corporation units) 400,000 400,000 CARE Housing Site Development for Affordable 200, 000 H 2O0, 000 H Housing (50 units) 319,000 319,000 City of Ft. Collins Homebuyer Assistance Program (137 369,750 H 369,750 H units) 60,000 0 Neighbor -Neighbor Neighbors in Need .: June 2, 1998 REHABILITATION RECOMMENDED REQUEST FUNDING APPLICANT PROGRAMIPROJECT $ 5,000 5,000 Disabled Resources Architectural Barrier Removal (3 projects) 35,300 313,000 60, 000 H 35,300 H Neighbor -Neighbor Minor Rehabilitation (19 units) 0 DMA Plaza, Inc. Exterior Structural Insulation PUBLIC FACILITIES RECOMMENDED REQUEST FUNDING APPLICANT PROGRAMITROJECT $ 65,000 25,000 Catholic Charities Hospitality Kitchen Renovation Northern 37,000 10,000 Elderhaus 322,000 0 Food Distribution 182,509 0 United Way ADA Restroom Renovation Remove/replace Parking lot Asphalt Ceiling Sheathing Safety Renovation Project PUBLIC SERVICES (15% of CDBG Entitlement Grant and Program Income) RECOMMENDED REQUEST FUNDING APPLICANT PROGRAM/PROJECT $ 16,500 16,500 Disabled Resources Youth Employment Program 109,429 20,000 Healthy Start, Inc. 53,426 53,426 Child Care Collaborative 67 Medical and Dental Care (Social Work) Sliding Scale Tuition Assistance June 2, 1998 21,000 10,500 New Bridges, Inc. Daytime Shelter and Human Referral Center 15,000 15,000 Catholic Charities Shelter and Supportive Services for Northern the Homeless 6,000 0 Catholic Charities Senior Services to Frail and Elderly Northern and Homebound Elderly 8,000 4,000 Lutheran Family Prevention of Child Abuse Program Services 24,992 15,000 Education and Adult Literacy Services Life Training 35,000 24,984 Neighbor to Comprehensive Housing Counseling Neighbor and Case Management 20,000 16,000 Project Self Reliance Support Self -Sufficiency Programs for Single Parents 8,236 0 Woman's Center Health/Dental Care Program 6,390 6,390 Woman's Center Child Care Resource and Referral 2,882 0 Woman's Center Career Quest Total amount of initial CDBG funding requested = $4,681,072. Total amount of initial HOME funding requested = $686,650. NOTES: (1) The DDA withdrew their application indicating there is a such a dire need for affordable housing in the community and that it did not want to compete for funds with applicants trying to produce housing. (2) Palladian Construction Company reduced their request from $656,750 to $500,000 With the amendments, the total amount of CDBG funding requested = $4,448,332. June 2, 1998 A summary of the Commission's CDBG funding recommendation by category for the total amount of funds available is as follows: RECOMMENDED % of FUNDING TOTAL CATEGORY $ 121,353 8.5 PLANNING and ADMINISTRATION (Maximum $247,600 based on 20% of Entitlement Grant and Program Income) 1,085,722 76.0 HOUSING 5,000 0.3 REHABILITATION 35,000 2.5 PUBLIC FACILITIES 181,800 12.7 PUBLIC SERVICES (Maximum $181, 800 based on 15% of Entitlement Grant and Program Income) $1,428,875 100.0 TOTAL A summary of the Commission's HOME funding recommendation by category for the total amount offunds available is as follows: RECOMMENDED % of FUNDING TOTAL CATEGORY $ 56,900 8.4 ADMINISTRATION (Maximum $56,900 based on 10% of HOME Grant) 569,750 83.9 HOUSING 35,300 5.2 REHABILITATION 16,950 2.5 UNPROGRAMMED $ 678,900 100.0 TOTAL The total amount of CDBG funded requests considered by the CDBG Commission was approximately $4.4 million, however, only $1.4 million of CDBG funds were available. The total amount of HOME funded requests considered by the CDBG Commission was approximately $686, 650, with about $678, 900 available. With the amount a tal requests far exceeding available funding, obviously not all applications could be funded. Due to HUD funding limitations, some Public Service applications received no funds or less funds than requested in order to keep the generic category within program maximums. No applicant is recommended to receive more funds than requested. June 2, 1998 Projects Recommended for Full Fundine The CDBG Commission has recommended full funding for thirteen (13) proposals. In the Commission's opinion, the thirteen applications recommended for full funding best fit CDBG national program objectives, the City CDBGpolicies (presented in Appendix "A'), and the selection criteria. The following summarizes the Commission's reasoning for full funding, as indicated, minutes of the May 6 meeting are attached: City of Fort Collins - CDBG Program Administration Requested/Recommendation: $121,353 Only the most direct administrative costs for the program are taken from the CDBG grant. City of Fort Collins - HOME Program Administration Requested/Recommendation: $56,900 All administrative costs for the program are taken from the HOME grant. Habitat for Humanity - Development Costs for Affordable Housing Requested/Recommendation: $28,500 Excellent leveraging of CDBG funds. The agency has an excellent track record. CARE - Site Development for Affordable Housing Requested/Recommendation: $400,000 Requested/Recommendation: $200,OOOHOME The applicant has an excellent track record for completing projects and shows a clear understanding of building affordable housing. The applicant serves a population that no one else serves and is increasing its scope to include seniors. City of Fort Collins - Homebuyer & Closing Costs Assistance Requested/Recommendation: $319,000 Requested/Recommendation: $369,750HOME This program has proven to be one of the more effective ways of moving people in the lower income range into homeownership. The goal of 137+/- units will provide a lot of housing opportunities. This should also operate as a loan program. Disabled Resource Services - Architectural Barrier Removal Program Requested/Recommendation: $5,000 70 June 2, 1998 The request was for a very small amount for an important project Neighbor to Neighbor - Minor Rehabilitation Request: $35,300 Recommendation: $35,300HOME The project would provide upgrades to 19 units. Disabled Resources Services - Supported Youth Employment Program Requested/Recommendation: $16,500 This agency has a good track record and has demonstrated an ability to perform very well with the funds they are allocated. Child Care Collaborative - Sliding Scale Tuition Assistance Requested/Recommendation: $53,426 The Commission believes this program is critical because it provides services to working parents and helps keep them in the workforce so they can be self-sufficient. The agencies involved have good track records in providing service with the funds they receive. CCN - Shelter and Support Services for the Homeless Requested/Recommendation: $15,000 The Commission believes that agency does a good job for the homeless and securing funds from other sources. Women's Center - Child Care Resource and Referral Requested/Recommendation: $6,390 The Commission believes this proposal will provide a good service by helping workingparents find quality daycare providers. Proiects Recommended for Partial Funding Proposals which did not receive full funding were deemed of a lower priority and, in some cases, a lack of funds or program category limitations, especially in the Public Services category, prohibited their full funding. The following describes the specific reasons why the Commission believes certain projects should not receive their full funding amount: 71 June 2, 1998 Ft. Collins Housing Investors, L.P. - Senior Housing Requested: $749,305 Recommendation: $200,000 The proposal was for about 50% of the available CDBG funds. The Commission recommends, as the applicant requested, that the allocation be in the form of a 7% loan. The project is for needed senior housing and the applicants have a good track record in the city. Concorde Capital Corporation - Richard's lake Townhomes Requested: $250,000 Recommendation: $138,222 The Commission recommends, as the applicant requested, that the allocation be in the form of a loan, 5%-7% for 20 years. CCN- Hospitality Kitchen Renovation Requested: $65,000 Recommendation: $25,000 Because the Mission recently expanded its overnight capabilities there is a corresponding need to expand the food service component. Elderhaus - ADA Restroom Renovation Requested: $37,000 Recommendation: $10,000 The request seems too high for one bathroom, but the Commission supports a reduced amount because of the need. Healthy Start - Medical and Dental Care Requested: $109,429 Recommendation: $20, 000 -Social Work The Commission supports only the social work aspect of the proposal and believes that the agency should be receiving more funds from other sources, i.e., Poudre Valley Hospital District. New Bridges - Daytime Shelter and Human Referral Center Requested: $21,000 Recommendation: $10,500 The agency provides a service by having a place for homeless people to go to during the day. The Commission noted that there is a viable contingency fund available in their budget. Lutheran Family Services - Prevention of Child Abuse Program Requested: $8,000 Recommended: $4,000 The applicant demonstrated that they have secured a lot of funding from other sources. The program has a good track record and has a long term impact on the community. 72 June 2, 1998 Education & Life Training Center -Adult Literacy Services Requested: $24,992 Recommendation: $15,000 The Commission understands that this service fills a critical community need and the agency has a good history ofservice. Traditionally it is hard for this program to find funds from other sources. Neighbor to Neighbor, Inc. - Comprehensive Housing Counseling and Case Management Requested: $35,000 Recommendation: $24,984 The Commission understands that this service fills a critical community need and the agency has a good history of service. The reduction in funding was partially due to the limited amount offunds which can be allocated in the Public Services category. Project Self -Sufficiency -Project Self -Sufficiency . Requested: $20,000 Recommendation: $16,000 The Commission supports this program and the agency has a good track record in the services provided. The reduction in funding was partially due to the limited amount of funds which can be allocated in the Public Services category. Proiects Recommended to Receive No Fundine The following applications did not receive a recommendation for funding. The following summarizes the specific reasons why the Commission believes these projects should not receive their requested funding: Women's Center - ServiceNet Building Requested: $300,000 The Commission did not believe a downtown site was necessary and that less expensive sites exist in the community. Habitat forHumanity -Acquisition, Construction and Development Costs forAffordable Housing Requested: $99,500 Too much money for one unit. There were too many unknowns about this proposal 73 June 2, 1998 Amshell Corporation - Prospect Commons Townhomes Requested: $74, 000 The Commission believed there was too much inaccurate and incomplete information in the proposal. Other builders seem to be able to produce for -sale units at $105, 000 without subsidy. Palladian Construction Company - Acquisition of Landfor Affordable Housing Requested: $500,000 The Commission had concerns because the site is in the f oodplain and the applicant has no track record developing affordable housing. Neighbor to Neighbor, Inc. - Neighbors in Need Requested: $60,000 The Commission was not convinced that this would be a one time request and that there are many ways to avoid foreclosure. DMA Plaza, Inc. - Exterior Structural Insulation Requested: $313,000 Requested: $ 60, 000 HOME The requests are for a significant amount of the available funds. The Commission believes the project would not be as cost effective as indicated in the proposal. Food Distribution Center - Parking Lot Asphalt and Ceiling Sheathing Requested: $322,000 The Commission has recommended funds to this agency in the past, but is now concerned that the agency is not doing an adequate job of budgeting for routine maintenance needs of the facility. United Way - Safety Renovation Project Requested: $182,509 CDBG funds were used to help build the project with the understanding that rents would cover operating expenses and maintenance costs. CCN - Senior Services to Frail and Homebound Elderly Requested: $6,000 The Commission does not believe there is sufficient demand to substantiate the service. In comparing the service to other agencies, the dollars per person ratio seemed too high. 74 June 2, 1998 Women's Center - Health/Dental Care Program Requested: $8,236 The Commission believes this is duplication of services already provided within the community. Women's Center - Career Quest Requested: $2,882 The Commission believes that theproposal is a duplication ofservices alreadyprovided within the community. Establishinea Policy for the Allocation ofFundine in the Form ofLoans versus Grants for Certain Types of Housing Protects As indicated above, the City typically receives over $1 million in CDBG funds and $500, 000 in HOME funds from HUD on an annual basis. It is not known how long these programs will exist at the Federal level. As Congress seeks ways to reduce taxes and balance the Federal Budget, funding for some programs will need to be reduced or the programs eliminated completely. It is possible that the CDBG and HOME Programs could be eliminated in the same way the Revenue Sharing Program was eliminated several years ago. The City allocates its CDBG and HOMEfunds to a variety ofcommunity development needs in the city, especially affordable housing projects and related public service programs. Most allocations are in the form ofgrants, but some are in the form of loans which are repaid to the City and which are then reallocated to affordable housing projects and public service programs. Expanding the amount offunds allocated in the form of loans rather than grants would only increase the amount of "Program Income" returned to the City in future years. As the amount of Program Income grows, it could provide a buffer to possible CDBG/HOME funding reductions or program elimination. The issue before Council contained in Resolution 98-93 is to establish a policy for the allocation of funding in the form of Loans versus Grants for certain types of housing projects as follows: A. Funds allocated through the Homebuyer Assistance Program will be in the form of Deferred Payment Loans, Due on Sale. (In order to protect the City's investment, a condition of the Deferred Loan would be that the City has the first right of refusal in the case of foreclosure.) 75 June 2, 1998 B. Funds for Land Acquisition and/or Development Costs will be based on the developer of the project as follows: Allocations to projects developed by for profit entities will be in the form of 5% - 7% Loans for a period of up to 20 years. 2. Allocations to projects developed by non-profit entities will be in the form of Grants. It will be thefor profit applicant's responsibility to provide a proforma so the interest rate and other conditions for the loan can beset. It will also be the non-profit applicant's responsibility to prove to the City that the project needs a grant and can't possibly proceed if funding is in the form of a loan. All decisions as to whether a project receives a funding allocation in the form of a grantor loan will rest with the City Council when funding decisions are made. This issue was discussed at the May 26, 1998, Council/CDBG Commission Study Session." Chief Planner Ken Waido gave details concerning the five items before Council for consideration and summarized the process that has been followed, noting that the City's process has been used by HUD as a model for other communities. Chris Corcoran, Elderhaus Adult Day Programs, thanked the CDBG Commission for recommending funding for the ADA restroom renovation project. ("Secretary's Note: Councilmember Wanner arrived at 6:25 p.m.) Councilmember Mason made a motion, seconded by Councilmember Bertschy, to adopt Resolution 98-91. Waido stated that the Resolution deals with the CDBG program and the regulations for that program, which limit the money that can be put into certain categories. Public service requests are limited to only 15% of a combination of the grant and program income, which amounts to $181,800. The Commission recommendation is to put that entire amount into that category. Councilmember Smith asked for confirmation that the 15% is an absolute limit. Waido stated that this is an absolute limit and funds can not be taken from other categories. Councilmember Byrne asked about the overall need in the community for homeless shelters. Waido stated that agencies providing this service say there is never enough funding. Mayor Azari asked for clarification concerning the funding for administration, expressing support for fully using CDBG funds for programs rather than administrative costs. Waido stated that the 76 June 2, 1998 CDBG administrative budget only covers a portion of the cost to administer the program and noted that the other source of funding would be the General Fund. Mary Cosgrove, Project Self -Sufficiency, thanked the Council for its long term support of Project Self -Sufficiency and asked that the award be increased from $16,000 to $20,000, which was the group's funding request. She also expressed thanks for the support of the City's volunteer program for the Project's car repair program. Joyce Whitten, New Bridges, stated that last year the agency served 1,765 homeless adults and 95 children. She spoke of cooperative efforts between agencies to build a community building that would replace current high rent locations. Councilmember Kneeland stated that while Project Self -Sufficiency is worthwhile, the CDBG Commission struggles every year with how to best meet overall community needs. Councilmember Bertschy asked the CDBG Chair to speak about the process for the Commission to arrive at its recommendations, and asked about the Commission's philosophy on whether or not an agency receives full funding when the need exceeds the available funding. Holly Sample, CDBG Chair, summarized the dynamic process followed by the Commission to shape its final recommendation, which attempts to balance needs. Councilmember Byrne asked about programs dealing with medical or dental social work. Councilmember Smith asked about the Catholic Community/Northern program. Councilmember Smith stated that there is an intricate web of public service and volunteer agencies making the community work. He thanked the CDBG Commission for its hard work. Councilmember Byme commented that the needs are large and growing. Councilmember Bertschy thanked the CDBG Commission for its work, noting the difficulty of working through the process as funds shrink and thanked the community's volunteer agencies. He noted the significance of the allocation of some funding for affordable housing. Councilmember Mason noted the importance of Project Self -Sufficiency and the difficulty of working within the 15% limit. He thanked the CDBG Commission for its efforts. Councilmember Kneeland commented that this type of funding is unpredictable, but the CDBG Commission has made an effort to look at performance rather than previous funding allocations. 77 June Z 1998 Mayor Azari commented on the value ofthe CDBG program as a benefit to the positive development of communities. The vote on Councilmember Mason's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Bertschy made amotion, seconded by Councilmember Wanner, to adopt Resolution 98-92. Councilmember Bertschy asked if ways can be found in the future to fund administration in other ways. Holly Sample, CDBG Commission Chair, stated that the Commission's recommendation for funding of administration is well below the level of funding allowed by HUD. Rusty Collins, Neighbor -to -Neighbor, expressed appreciation for funding from the CDBG and HOME programs. Sister Mary Alice Murphy, CARE Housing, expressed appreciation for the way the CDBG and HOME programs and the CDBG Commission work together. The vote on Councilmember Bertschy's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED, Councilmember Kneeland made a motion, seconded by Councilmember Wanner, to adopt Resolution 98-93. Waido explained policies for loans versus grants for housing projects. Councilmember Kneeland commented that the Council discussed this in detail at a study session. Councilmember Smith thanked the CDBG Commission, staff and the for profit agencies that came forward for loans. He encouraged innovative approaches that add to the community. Councilmember Bertschy commented that the loan program is innovative and encouraged supporting projects that serve the lower income. V June 2, 1998 Mayor Azari asked what happens if a loan is in default. Jackie Davis, CDBG Program, stated that the City would have the first right of foreclosure. The vote on Councilmember Kneeland's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Mason made a motion, seconded by Councilmember Bertschy, to adopt Ordinance No. 107, 1998 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Bertschy made amotion, seconded by Councilmember Wanner, to adopt Ordinance No. 108, 1998 on First Reading. The vote on the motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Items Relating to Economic Policies, Adopted on First Reading The following is staff s memorandum on this item. "Financial Impact These items relate to the rebate, and/or exemption of Manufacturing Use Tax, Development Impact Fees, and Street Oversizing Impact Fees. There are no immediate financial impacts associated with these policy items. However, actual application of the programs does require that the specific financial impacts be indicated on a case -by -case basis for Council consideration and action. "Executive Summary A. First Reading of Ordinance No. 109, 1998, Continuing a Temporary Manufacturing Equipment Use Tax Rebate Program for Fort Collins Manufacturers. B. First Reading of Ordinance No. 110, 1998, Suspending the Street Oversizing Fee Exemption Program for an Indefinite Period. 79 June 2, 1998 C. First Reading of Ordinance No. 111, 1998, Suspending the Development Impact Fee Rebate Program for an Indefinite Period. During the April 14, 1998 City Council Study Session on Economic Policy, Council requested that staff bring the preceding items forward for consideration and action. During the March 19, and April 16, 1998 meetings of the Council Finance Committee, members of the Committee also considered the City's financial incentive programs. The focus of the Committee in reviewing these programs was an overall concern for fairness and effectiveness. The Finance Committee subsequently recommended that these items be brought forward for Council consideration, with the changes to the Manufacturing Use Tax Rebate as indicated below. MANUFACTURERS USE TAX REBATE Program Background: The Manufacturers Use Tax Rebate Program was initiated in 1996, and was intended to focus on encouraging the reinvestment made by local manufacturing firms in new manufacturing equipment. This type ofinvestment used to be made every three or four years; in this day and age such investments are being made every fifteen to eighteen months. This would result in a relative windfall for a community since there is little added cost or impact associated with serving existing firms. In the first year of this program the City rebated approximately $380,287 to ten local firms out of twenty-seven that were eligible for rebates. The total Manufacturing Use Tax Rebate for 1997 will be approximately $500, 000. Suggested Program Modifications: The filing deadline was changed from January 30 to March 31. A provision was added that would allow firms to apply for a "direct pay" agreement with the Cityfor large one-time expansions or retooling projects. The purpose of the direct pay is to allow manufacturers to remit use tax directly to the City rather than pay the 3.0% sales tax to vendors who are required to collect Fort Collins tax. A provision was added that would limit all rebates to 75% of the eligible amount. The purpose of this provision is to reduce the rebates to exclude the three 114 cent dedicated sales and use taxes. In prior years, the rebate was not adjusted for that dedicated portion, resulting in a General Fund subsidy of the rebate of quarter -cent taxes. Program Modifications that were Suggested but are NOT Recommended: The 10% employment growth requirement was left as part of the program. Waiting period for companies to become eligible for the rebate remains at three years. The rebate continues to apply only to use taxes. The direct pay provision will provide an option for companies to pay sales tax directly to the City in the form of a use tax. m June 2, 1998 0 The cap for a maximum rebate of $2.4 million remains as part of the program. A copy of the Program Description indicating the recommended changes is attached. DEVELOPMENT IMPACT FEE REBATE Program Background: The Development Impact Fee Rebate Program was initiated in 1990 with City Council approval. Theprogram was originally a fee waiverprogram, with the General Fund actually bearing the burden for the firm. The program was modified in 1994, and converted to a rebate program. In this way the firm pays the fees up front, and then receives a rebate ofthe impact fees (as approved by Council) over time using the sales and use taxes received from the firm. The program was intended to assist in the location and expansion of basic industrial firms by reducing the initial costs associated with the construction/expansion of the firms facilities. Since the program 's inception, roughly $980, 000. has been approved by Council. NOTE: Three firms that have to date announced expansion plans by letter to the City, will be considered for Development Fee Rebates. This includes Celestica, Hewlett Packard, and Advanced Energy. STREET OVERSIZING FEE EXEMPTION Program Background: The Street Oversizing Fee Exemption Program was initiated in August 1989, and was intended to assist in the location and expansion of smaller basic industrial firms. The program functions administratively, and can be approved up to a maximum of $50, 000. The City Council has appropriated $100, 000. each year for the past nine years for the program. The funding is limited to the yearly $100, 000 appropriation, and does not carry-over from year-to-year. Since the program 's inception, roughly $170, 000 has been spent. The typical amount of an exemption is in the $3, 000 to $5, 000 range. The suspension of the Development Impact Fee Rebate Program and the Street Oversizing Impact Fee Exemption Program will remain in effect until such time as the City Council takes action to re- authorize, or reinstate them. In addition to the above actions, Council has requested that staff further refine the Manufacturing Use Tax Rebate Program with the intent ofproviding overall tax fairness to local businesses makingfrequent re -investment decisions which impact both the business and the community. M June 2, 1998 FURTHER DIRECTION: City Council also requested that staff modify the City's Overall Economic Policy that was last amended in 1994, to include the focus on small business development through the Virtual Business Incubator Partnership, Microloan Guarantee Program, and small business outreach efforts with other agencies. Additionally, the revised policy will include the use ofnewly-developed economic, community, and environmental measures, as well as the possible formation of a City Economic Policy Advisory Board. The measures will be used to track the relative condition of the local community and economy. The Board's function may relate to the evaluation of the aforementioned measures, consideration of new policy direction, and, in general, advice to the City Council regarding matters involving economic policy. This work will be concluded by November 30, 1998." Frank Bruno, Assistant City Manager, gave background on the issues and summarized the purposes and provisions of the ordinances, which have been brought forth for Council consideration in response to direction received at the April 14, 1998 Study Session. Councilmember Kneeland asked about collaboration with the business community on these issues. Bruno stated that there have been opportunities to speak with business groups, but there has not been a large outreach effort on this proposal. Councilmember Bertschy asked if this extends the rebate just for calendar year 1998. Bruno stated that is correct for the manufacturing use tax rebate. The Finance Committee would like to see further work done on the policy to further simplify what is in place now. Staff will work with citizens to review suggested modifications and will present a more complete package regarding use tax by November 30. Councilmember Wanner stated that the Finance Committee looked at the manufacturer's use tax rebate and had a concern that the outcome for the community was not known. This was established as a temporary program. The City is short on money for transportation and it does not make sense to waive street oversizing fees for companies wanting to relocate here. Councilmember Mason stated that the objective criteria for manufacturer's use tax needs to be restructured to reflect the recent trend for companies to retool more often. The current rebate program puts Council in a position of having to make decisions on a case by case basis instead of based on a firm economic policy based on objective criteria. Councilmember Byme commented that the goal is fairness and simplification. Even a good economic impact model is highly subjective. The dynamic of manufacturing has changed and some RE June Z 1998 companies must pay a lot of use tax when they retool. Staff will continue to review broader economic policies. The goal is a process that is more clearly understood and is equitable. Councilmember Smith asked about the impact ofthe debrucing measure approved at the last election and whether rebated fees still count in the cap. Alan Krcmarik, Finance Director, stated that the City collects money subject to the limit. In the event the City is over the limit, the City does not have to give the money back to the voters, but it must be used for four specified purposes. Councilmember Smith commented on the use ofthe fiscal and environmental impact model to better understand the network of flows of funds and effects that occur in the community on major programs. Suspension of the development impact fee rebate program may create a complicated set of interactions, and he asked if further study will be done before November 30 to better understand a new tool that is available. Bruno stated that as staff proceeds using the impact model, information will be developed on the flows within the economy to better understand the sectors of the economy. Fischbach stated that staff is looking at the entire framework for the November 30 report to the Finance Committee and Council. Councilmember Wanner stated that the main reason for looking at this issue is policy making. Councilmember Mason made a motion, seconded by Councilmember Wanner, to adopt Ordinance No. 109, 1998 on First Reading. Roland Mower, President of the Fort Collins Economic Development Corporation, spoke in support ofthe ordinance. The Corporation's Board also supports the creation of an economic advisoryboard to work with the Finance Committee to review this policy. Fairness, equity, simplicity and predictability are important guiding principles. Mike Hauser, Executive Director of the Fort Collins Chamber of Commerce, spoke in support ofthe ordinance. He spoke of the importance of looking at tax policies in the information age because the nature of business is changing rapidly. He urged moving up the time frame because business decisions are made at a rapid pace. Councilmember Kneeland supported the ordinance and spoke about the reasons for instituting the rebate program initially. She commented on of the importance of having good paying jobs in the community. m June 2, 1998 Councilmember Mason supported the ordinance because it provides an opportunity to retool the policy. The vote on Councilmember Mason's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Mason made a motion, seconded by Councilmember Wanner, to adopt Ordinance No. 110, 1998 on First Reading. City Manager Fischbach stated that staff hopes to bring all three issues to closure and develop an economic policy for Council consideration by November 30. Kelly Ohlson, 2040 Bennington Circle, opposed growth subsidies and urged elimination ofthe street oversizing fee exemption program and development impact fee rebate program. He stated that consistency in policies is important and urged creating a broad fiscal and budget board. The vote on Councilmember Mason's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED Councilmember Wanner made a motion, seconded by Councilmember Mason, to adopt Ordinance No. 111, 1998 on First Reading. Councilmember Smith commented that on the importance ofhaving an open review process on these issues. Mayor Azari stated that there is a lot of work to be done on economic issues. The first step is to develop broad principles, then a policy that fits the principles. The vote on Councilmember Wanner's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Ell June 2, 1998 Ordinance No. 101,1998, Authorizing the Issuance of City of Fort Collins, Colorado, Downtown Development Authority Taxable Subordinate Tax Increment Revenue Bonds, Series 1998, Dated July 1, 1998, for the Purpose of Financing Certain Capital Improvements and Capital Projects; and Providing for the Pledge of Certain Incremental Ad Valorem Tax Revenues to Pay the Principal of, Interest on and Any Premium Due in Connection with the Redemption of the Bonds Adopted on First Reading The following is staff s memorandum on this item. "Executive Summary At its November, 1996 Board of Directors meeting, the Downtown Development Authority (DDA) considered the development of a mixed -use development project to be located at the site of the old Mawson Lumber Store on the southeast corner of East Mountain Avenue and Mathews Street. The proposal consists of a bank (Home State Bank), ground level retail, upper level rental housing and owner -occupied housing to the rear ofthe site. The DDA was strongly supportive ofthis project for the following reasons: The emergence offznancial services well to the east ofthe main downtown financial district and away from most ofthe redevelopment activity occurring in the central business district; 2. The push the project will give to the very -slowly redeveloping East Mountain Avenue area. The presence of this project is expected to provide momentum to the effort initiated by Adventure Ouyitters and NRCE (Harmony Mill redevelopment); 3. It has redeveloped a parcel of land that has been vacant since 1986; 4. It may instigate additional redevelopment in the area including the Paramount building; and S. It introduces additional housing opportunities into the central business district and the first owner -occupied opportunity since Parklane Towers was built in the 1960's. The design of the project picks up on common downtown architectural themes including the use of brick andprominent cornerfeatures. Right-of-way improvements are considerably beyond minimum City requirements and establish a strong pedestrian orientation which should be precedent setting as the rest of East Mountain Avenue redevelops. The project meets all the objectives and code requirements of the recently adopted City Plan. E June 2, 1998 Because of the project's positive impact, the DDA agreed to fund $190,000 in right-of-way improvements subject to City Council approval to enter into a borrowing arrangement with a local lender for a very short-term obligation. Fundine The DDA has excess monies available in its tax increment reserve fund to cover this expenditure. However, Colorado Statute requires that tax increment monies only be used to service debt. Therefore, to spend the $190,000 a debt instrument must first be created. This requirement would be met through entering into a short-term loan from a local bank. The money will be borrowed and the debt retired immediately so that interest costs are almost non-existent. Five local banks have expressed written interest in participating in this deal. The best proposal allows the borrowing to occur with no fees incurred. In summary, the City will borrow $190, 000, grant the money to the DDA for payment to the project developer, and will immediately repay the debt using excess tax increment reserve monies. As with almost all DDA projects, the funds will not be released until all the work is completed and a certificate ofoccupancy issued by the City Building Department. This ensures that the expenditure has actually leveraged the intended project. Council action authorizes the City to enter into a short term debt obligation, and appropriation and payment of the loan proceeds for the subject project improvements and the appropriation and expenditure of tax increment monies to retire the debt." Alan Krcmarik, Finance Director, presented background information concerning the project. He noted that there are seven prerequisites for the project that should be met in the next several weeks. This is a bond ordinance pledging tax increments, and staff can certify that there are sufficient revenues to meet obligations. Councilmember Wanner made a motion, seconded by Councilmember Bertschy, to adopt Ordinance No. 101, 1998 on First Reading. Councilmember Smith asked for clarification about the interest rate. Kelly Ohlson, 2040 Bennington Circle, stated he does not oppose the project and noted he had questions about the information that was available to the public about where the money is being spent. He also expressed concerned that the Downtown Development Authority is becoming more of a political action committee paid for with public funds. Councilmember Mason spoke in support of the project as an enhancement for the downtown. June 2, 1998 Councilmember Byrne spoke concerning the design, funding and costs for the parking structure, noting that actual projects costs are on target. Councilmember Bertschy complimented the Downtown Development Authority on the project. Councilmember Wanner stated this project adds a lot to the downtown and commented that the DDA operates strictly within the purposes for which it was established. Councilmember Smith thanked the DDA and Home State Bank for their involvement in the project. The vote on Councilmember Wanner's motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Other Business Items Relating to Grant Revenue to Fund Specialized Transit Services in the Non -urbanized Area Adopted The following is staffs memorandum on this item. A. Resolution 98-94 Authorizing the Mayor to Enter into an IntergovernmentalAgreement with the State Department of Transportation, Division of Transportation Development, for the Provision of Public Transportation Services in Non -urbanized Areas. B. Resolution 98-95 Authorizing theMayor to Enter into an IntergovernmentalAgreement with the State Department of Transportation, Division of Transportation Development, for the Provision of Transportation Services for Elderly and Persons with Disabilities. FINANCIAL IMPACT: The Colorado Department of Transportation grants provide capital and operating/administration funding for Dial -A -Ride paratransit services in the non -urbanized area, and operating/administration funding for Fox Trot bus services. These two grants purchase one(l) paratransit vehicle for non -urbanized service and one (1) full size bus for service on the Fox Trot route. Grant 5310 (capital) (Paratransit) Federal Share $ 38,500 Local Share $ 9,625 TOTAL $48,125 M. Grant 5311 (Fox Trot Bus) Federal Share $192,000 Local Share $ 48,000 TOTAL $240.000 June 2, 1998 The local share will be provided by the service agencies (Larimer County, Loveland, City of Fort Collins) and transportation grants from Office on Aging, Larimer County and United Way. These funds will be appropriated later into Transfort/Dial-A-Ride budgets to purchase the equipment. EXECUTIVE SUMMARY. These resolutions authorize the execution of intergovernmental agreements with the Colorado Department of Transportation for federal transportation grant funds. The subject grantfunds will be used to purchase anew replacement mini -bus for service in the non -urbanized areas surrounding Fort Collins, and a new full size bus to operate on the Fox Trot route. Staff was notified by the Colorado Department of Transportation regarding these grant funds too late to include this item in the agenda materials for the June 2nd meeting; however, in order to expedite processing and permit ordering of the funded vehicles in time for September delivery and under the current pricing scheme, this item is being presented as an "Other Business" item. BACKGROUND: The paratransit vehicle will provide operating assistance to Estes Park, Berthoud Area Transportation (BATS), Senior Alternatives in Transportation (SAINT), Loveland, Larimer County, and the City of Fort Collins(non-urbanDial-A-Ride and Fox Trot). Theseprogramsprimarily serve the elderly and disabled. In addition, capital funding will be provided to purchase one (])full size bus for service on the Fox Trot route. These grants were previously administered by Larimer County, but following some organizational restructuring, the County was looking for another agency to administer the grants. Transfort staff offered to do the administration. The grant program is funded for the next two years and includes money to cover the administration expenses. Transfort will hire a half-time person to work with state and local agencies in administering the grants. " Multi -Modal Transportation Group Leader Tom Frazier, stated that the two Resolutions relate to intergovernmental agreements with the Colorado Department of Transportation to buy a full sized transit bus and a minibus to be used for paratransit for the elderly and disabled in non -rural areas. These items appear under Other Business because notice of the grant was received from CDOT last week and there is a short time frame for ordering the vehicles. The vehicles can not be ordered until the funds are approved, and a purchase order is needed by mid -June for the order to remain in the 1998 manufacturer's schedule at 1998 prices. m June 2, 1998 Councilmember Mason asked if the full sized transit bus is for Foxtrot and asked about the possibility of placing bike holders on the bus. Councilmember Byrne asked about the source of local funding and the status of appropriating the money. Councilmember Mason made a motion, seconded by Councihnember Wanner, to adopt Resolution 98-94. The vote on the motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Wanner made amotion, seconded by Councilmember Bertschy, to adopt Resolution 98-95. The vote on the motion was as follows: Yeas: Councilmembers Azari, Bertschy, Byrne, Kneeland, Mason, Smith and Wanner. Nays: None. THE MOTION CARRIED. Councilmember Bertschy stated that he has received a request from Ed Robert, representing an aviation group, concerning funding for an aviation memorial. The requesting group is willing to undertake fund raising for the project and has been working on many of the details of the project. He asked if Councilmembers would be interested in directing staff to investigate the true costs and feasibility of the project. The consensus was in favor of directing the staff to investigate the project to obtain more information to be presented to Council. Mayor Azari spoke concerning developing community partnerships surrounding Building Community Choices. City Manager Fischbach stated that the new Budget Committee met last week. This is an internal committee working with the City Manager. The Committee will meet every three weeks. Councilmember Smith suggested looking for members from CSU. Councilmember Mason asked how committee members have been selected. Councilmember Byrne stated that the Finance Committee will be receiving information about the Budget Committee's work. Councilmember Bertschy supported looking to CSU as a source of good advise on the Budget Committee and stressed the importance of Council having a continued opportunity to suggest members for the Committee. Mayor Azari stated there has been good progress in achieving more community input m June 2, 1998 on the budget and a more active role for the Finance Committee. Councilmember Smith suggested discussing underlying process issues in the future. The meeting adjourned at 8:40 p.m. ATTEST: City Clerk Adjournment .E