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HomeMy WebLinkAboutMINUTES-09/05/1995-Regular' September 5,1995 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Regular Meeting - 6:30 p.m. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, September 5, 1995, at 6:30 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll Call was answered by the following Councilmembers: Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Councilmember Absent: None. Staff Members Present: Fischbach, Roy, Krajicek. Citizen Participation Bob Cluster, 3407 Sun Disk Ct., commented on the City's DARE Program. He stated the program has been proven ineffective and is essentially a public relations program for Police Services and local politicians. Gary Peterson, 1805 Crestmore Pl., founder of Parents Against DARE, spoke of research on ' DARE that indicates the Program will fail and will cause an increase in drug use among the children participating in the program. Jeff Bridges, 725 Mathews, Centennial Neighborhood Association, asked that more attention be given to East Laurel neighborhood bikeways, sidewalks and intersections. Susan Kirkpatrick, former Mayor, 2312 Tanglewood Dr., spoke of federal legislation related to the Poudre River National Water Heritage proposal and stated a bill designating the Poudre River as a National Water Heritage Area would be debated in committee this week. She urged more interest, leadership, and a more aggressive role in the legislative arena for the Fort Collins City Council. Mike Nicely, 300 E. Harmony Rd., spoke of urgent affordable housing needs in Fort Collins. Citizen Participation Follow -Up In response to Mr. Bridges' comments, Councilmember Janett stated there are funds programmed for the bikeway along East Laurel and for West Laurel as well. She asked staff to update Mr. Bridges on the timing of those projects. She stated she will monitor the 1996 Budget with regard to pedestrian accessibility funding. 911-TI-I September 5, 1995 ' Councilmember Apt asked staff for scientific data on the effectiveness of the DARE Program. Councilmember Kneeland stated the City needs to continue to monitor and evaluate the effectiveness of the DARE Program. She stated a study was commissioned last year by Sociology Department researchers at CSU. The researchers came up with a list of criteria that make drug prevention programs successful. She stated the Health and Safety Committee needs to share the information that compares the criteria to DARE. City Manager John Fischbach reminded that Councilmembers packets included a revised transit agreement with the Southeast Fort Collins Employers. He reviewed the components of the revisions. ***CONSENT CALENDAR*** This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar by the Public will be considered separately under Agenda Item #19, Public Pulled Consent Items. ' Councilmember Smith asked that Item No. 11, First Reading of Ordinance No. 116, 1995, Appropriating Unanticipated Revenue in the General Fund for Police Services, be withdrawn from the Consent Calendar. :i.TIN . . i u . Ll'L�TiLIIh August 22. .. ad-iournedu u This Ordinance which was unanimously adopted on First Reading on August 15, 1995, designates the Information Desk bulletin boards as the official place for posting of public notice of any meeting of the Council or Council Committees for which public notice is required to be given. Second Readimi of Ordinance No. 114.1995, Amending Section 4 of Ordinance No. 179, WR I September 5, 1995 Ordinance No. 179, 1993 amended the minimum lot size of the NCM, Neighborhood Conservation Medium Density Zoning district. The amendment was for a limited time period to preclude the development of secondary residential structures within the Eastside and Westside neighborhoods until December 31, 1994 or until design criteria supplemental to the neighborhood plans could be developed, whichever came first. Because of delays in the project, three previous extensions of the termination date of Ordinance No. 179, 1993 have been approved by the Council. An additional extension is needed in order to allow time for additional public outreach and consensus building with the goal of developing modifications to the proposed standards and guidelines, or the development of zoning changes, or a combination of both that will work best to protect the welfare of the neighborhoods. 10. First Reading of Ordinance No. 115. 1995 Appropriating Unanticipated Revenue in the General Fund for the Clean Air Colorado Program. The Clean Air Colorado program is administered by the Colorado Department of Public Health and Environment for public education and information programs that improve air quality. CDPHE works jointly with the City of Fort Collins and other Colorado communities to define air quality improvement programs for funding under Clean Air Colorado. The City receives an annual monetary award from the state for these purposes; the Natural Resources Department uses these funds for a variety of public outreach, special projects, and data collection efforts to improve local air quality. As part of the 1995-1996 Clean Air Colorado program, the City will implement a variety of air quality projects consistent with the Air Quality Action Plan. 11. First Reading of Ordinance No. 116, 1995. Appropriating Unanticipated Revenue in the General Fund for Police Services. Police Services has been awarded a grant totaling $225,000 from the U.S. Department of Justice under the COPS AHEAD program. This grant is in effect for three years and will provide partial funding for three additional police officers. The balance of the funds necessary to fully finance the officers is available in the 1995 approved Police Services budget, the 1996 proposed budget and will be included in the 1997 Police Services budget. The grant money has been made available from the 1994 crime bill and focuses on Community Oriented Policing. The three officers hired under the COPS AHEAD grant will be assigned to the Downtown/Old Town area. These officers will engage in all areas of community policing. They will conduct foot patrols of the area, meet with merchants and residents to identify problems and issues and work the merchants, residents, city departments and others to devise strategies for addressing problems. As 286 September 5, 1995 ' part of this program, Police Services would like to open a Storefront Community Police Office in the downtown area from which the officers would work. A. Resolution 95-123 Setting Forth Findings of Fact and Determinations Regarding the Robert Shields Second Annexation. B. Hearing and First Reading of Ordinance No. 117, 1995, Annexing Property Known as the Robert Shields Second Annexation. C. Hearing and First Reading of Ordinance No. H 8, 1995, Amending the Zoning District Map Contained in Chapter 29 of the Code and Classifying for Zoning purposes, the Property Included in the Robert Shields Second annexation to the City of Fort Collins. This is a request to annex and zone 6.07 acres located east of County Road #9, adjacent to Woodland Park Estates P.U.D., north of Hewlett-Packard. The requested zoning is R- L, Low Density Residential, without the condition that the property develop as a planned unit development (P.U.D.) , 13. Items Relating to the Vermont Bicycle/Pedestrian Undemass, A. Resolution 95-124 Authorizing the Mayor To Execute An Inter -Governmental Agreement With The Colorado Department of Transportation For The Construction Of the Vermont Bicycle/Pedestrian Underpass Project. B. First Reading of Ordinance No. 119, 1995, Appropriating Unanticipated Revenues in the Transportation Services Fund and Authorizing the Transfer of Existing Appropriations for the Vermont Bicycle/Pedestrian Underpass Project. The scope of the project is to construct a precast box culvert under the Union Pacific Railroad and 950' of 10' wide bicycle/pedestrian trail. The trail will start west of the tracks at the corner of Centennial Road and Parklake Drive and go southeast to the comer of Vermont Drive and Eastbrook Drive. During design, the project was reviewed by Fort Collins High School Administration and parents and also by the Transportation Board. ' September 5, 1995 In May of 1994, the City of Fort Collins received designation as a Participating Jurisdiction in the Housing and Urban Development (HUD) HOME Program. The intent of the HOME Program is to expand the supply of decent, safe, sanitary, affordable housing in the community, to strengthen the ability of local government to provide housing, and to expand the capacity of nonprofit community -based housing development organizations to provide affordable housing. Funding requests for the Fort Collins HOME program are received on an ongoing basis and reviewed by the CDBG Commission which then provides a recommendation for funding to Council. The City of Fort Collins HOME program has received an application requesting a HOME loan. The project would add 1 16 new units of affordable housing to the City as follows: Kaufman and Broad requests a $300,000 loan at 3% for the Woodlands housing development at the comer of Harmony and Shields. This proposal would build 116 one, two and three bedroom affordable housing units which target families whose incomes are at or below 60% of the median family income in Fort Collins. CDBG Commission has recommended a funding level of $300,000 for this project. 15. Resolution 95-126 Authorizing the Purchasing Agent to Issue a Change Order Exceeding $50 000 for Professional Services for the Civic Activity Center Plan, ' Professional services and outcomes for the Civic Activity Center Plan must be integrated and compatible with the professional services and outcomes recently awarded for City Plan. To achieve this goal, staff recommends adding services related to the Civic Activity Center Plan to those already being performed by Ballofet and Associates, Inc. under the current contract for services in connection with the City Plan. Fort Collins Code Section 8-160 requires City Council approval of change orders to professional services contracts exceeding $50,000. 16. Resolution 95-127 Authorizingthe he City to Enter into an Agreement with the State Board of the Great Outdoors Colorado Trust Fund. In the spring of this year, the Park Planning and Development staff made an application to Great Outdoors Colorado (GOCO) for grant funds to help pay for the Poudre River Implementation Plan Project. This Project involves a study of the Poudre River Corridor from Overland Trail to I-25. The study will focus on land in the river corridor which may be affected by gravel mining operations or other development activity. This study will suggest solutions to minimize the impact of these activities. These solutions may include land acquisitions, gravel mining reclamation plans, water augmentation plans, as well as ways to enhance wildlife, historical, educational, and recreational opportunities along the river corridor. GOCO has agreed to provide $45,000 for the project. WE September 5, .. 17. Resolution 95-128 Authorizes the Cijy Manager to Enter into an Agreement with Certain Southeast Fort Collins Employers to Enable Transfort to Operate Commute Hour Bus Service . Their EmployeesPublic, Under this Agreement, on September 7, 1995 Transfort will begin operating a new east/west bus route designed for employees of participating employers in the southeast part of Fort Collins. This marks the first occasion in Fort Collins where area businesses have banded together to purchase bus service. Hewlett-Packard, Symbios Logic, and Platte River Power Authority are breaking new ground by funding $58,000 in new service to the community over the next year, with a possible extension to two years for a total of $119,000. A. Powerline Easement from Kenneth A. Larson and Eileen M. Larson, 219 West Mulberry, needed to underground existing overhead electric services. Monetary consideration: $10. B. Powerline Easement from B. T. Huntley, Mark Huntley and Angie Austin, 221- 223 West Mulberry, needed to underground existing overhead electric services. ' Monetary consideration: $10. C. Powerline Easement from Thomas T. Tucker and Harry A. Tucker, 329-329'/2 East Olive, needed to install electric secondary vault to underground existing overhead electric system. Monetary consideration: $64. D. Quit Claim Deed from Bartran & Co., Inc., dedicating Tracts A and B in the English Ranch, St. Filing, which are detention ponds that Storm Drainage has agreed to accept and maintain, Monetary consideration: $ 10. Items on Second Reading were read by title by City Clerk Wanda Krajicek. 179, 1993 forn• March 1. 1996. RM I September 5, 1995 Items on First Reading were read by title by City Clerk Wanda Krajicek. 1 �'.• 1' • I • • M MIT,. • M •• R pae off CM • i 1..1 1 11 • 1 : 1 • 1• , •N _11 11. First Reading of Ordinance No 116 1995 Appropriating Unanticipated Revenue in the General Fund for Police Services. 12. Items Relating to the Robert Shields Second Annexation and Zoning. A. Hearing and First Reading of Ordinance No. 117, 1995, Annexing Property Known as the Robert Shields Second Annexation. B. Hearing and First Reading of Ordinance No. 118, 1995, Amending the Zoning District Map Contained in Chapter 29 of the Code and Classifying for Zoning purposes, the Property Included in the Robert Shields Second annexation to the City of Fort Collins. 13. First Reading of Ordinance No. 119, 1995. Appropriating Unanticipated Revenues in the ' Transportation Services Fund and Authorizing the Transfer of Existing Appropriations for the Vermont Bicycle/Pedestrian Underpass Project. Councilmember Smith made a motion, seconded by Councilmember Apt, to adopt and approve all items on the Consent Calendar, except Item No. 11. The vote was as follows: Yeas: Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. Staff Reports Deputy City Manager Diane Jones and Police Chief Fred Ranged reported on proposed juvenile intake and holding facility. Jones spoke of a recent meeting to gauge the level of interest in establishing a facility where juveniles arrested in the various communities are temporarily held until an assessment can be made regarding next steps. Those present agreed there is a need for such a facility and decided to explore options to share the costs among the County and cities in Larimer County. Chief Ranged spoke of the specifics of the proposal and stated the facility would provide localized and standardized on -site assessments; a sited drop-off point; the capability to do juvenile bonding; and a secure holding facility that would be open 24 hours a day. Ranged stated the County estimated the 12-bed facility would cost $1.2M to build: —Jones stated the elected officials attending the meeting asked the staff team to prepare some detailed ' information about costs, funding options and how these might be shared. The team intends to 290 September 5, 1995 ' come back with a schedule and some information and will be sharing the information with Council. The target is to make a decision by the end of the year. City Attorney Roy introduced new Assistant City Attorney Carrie Mineart to the Council and the community. Policy and Special Projects Director Bruno spoke of United Airlines' decision to continue the current level of service at the Fort Collins/Loveland Airport. He spoke of continued efforts to interest other carriers in looking at service from the Airport. City Clerk Krajicek spoke of Governance Committee discussion of the creation of a Charter Review Committee which is one of Council's goals. She stated a resolution creating the Committee is scheduled for Council consideration on December 5 and added the City's 27 Boards and Commissions have been asked to think about Charter review and include Charter review in their 1996 workplans. Councilmember Reports Councilmember McCluskey commented on a Consent Calendar item that authorizes the City Manager to enter into a transit agreement with the Southeast Employers Council. ' Councilmember Smith spoke of the Consent item approving the Vermont Bicycle/ Pedestrian Underpass which connects Centennial Road to Timberline. Councilmember Janett spoke of the Consent item relating to the authorization of funding for Woodlands, an affordable housing project at the corner of Harmony and Shields. She stated the City is utilizing HUD monies through the HOME Program. Councilmember Apt stated the Growth Management Committee reviewed cost of services information. The information will be presented to the Finance Committee and then be taken to the community. Mayor Azari spoke of the Riverfest '95 celebration to be held September 16 at Martinez Park. She stated the City will be providing written testimony on the Poudre River Heritage Area bill and added the City is working closely with the Colorado legislative delegation. She spoke of the "Walk for HOPE" to be held on September 23. With regard to the youth holding facility, Mayor Azari stated the question is whether there will be an adequate short term facility for children in Larimer County. She suggested the facility be discussed during Other Business. Mayor Azari reported on the Community Oriented Governance conference held in Westminster. She stated the conference took the concept of community policing and integrated it into the context of neighborhood development and community participation. She suggested Fort Collins ' 291 I September 5, 1995 consider hosting a regional conference for the cities in northern Colorado. Mayor Azari asked that Council discuss under Other Business the development of TEAM Fort Collins and the City's involvement. Councilmember Janett spoke of the photo radar demonstration projects that will be held in the next 4-6 weeks. The demonstrations will be held in each of the six districts and will allow neighbors to see how the photo radar works. Resolution 95-130 Setting Forth the Intent of the City of Fort Collins to Issue Qualified Section 501(c)(3) Bonds for the Rocky Mountain Aquarium Foundation, Inc., Project. Adopted as Amended. The following is staff's memorandum on this item. "Financial Impact In issuing bonds for the Rocky Mountain Aquarium Foundation, Inc. (RMAF), the City would not incur any costs or expenses in connection with the issuance of the bonds. The bonds would ' be payable from and secured by a pledge of revenues derived from the RMAF The bonds would not constitute debt of the City. The City will receive a fee of 1116th of one percent of the value of the projected outstanding annual debt of the project, consistent with the City's policies, to be used for economic development purposes. The fee is dependent upon the final structure of the debt service for the project and is estimated to be between $25,000 and $35 ' 000. There is a $1, 000 fee imposed by the Cityfor bond issuance expenses. As a Section 501(c)(3) non-profit corporation, RMAF may seek a waiver of this fee. Executive Summary The Rocky Mountain Aquarium Foundation, Inc. submitted an application to the City for an Inducement Resolution in the amount of $18,000,000. RMAF is a non-profit Colorado corporation formed in 1992. It is qualified as a Section 501(c)(3) exempt organization under the Federal tax code. Because of its tax exempt status, issuance of these bonds would not be subject to the City's private activity bond allocation cap. The group does not plan to seek exemption from City sales and use taxes as a charitable organization under Chapter 25 of the City Code. Approval of the Resolution would indicate the City's willingness to issue tax exempt private activity bonds so RMAF could create a freshwater aquarium complex (ecoplex) for the benefit, education, and enjoyment of the public. RMAF desires to construct the facility on a 34 acre ' parcel of land located at Prospect Road and 1-25. This parcel is part of the 398-acre Resource 292 September 5, 1995 ' Recovery Farm operated by the City of Fort Collins Water Reclamation Utility. RMAF has proposed to lease the property from the City under a long term lease with a monthly lease payment based on the number of visitors to the facility, with a minimum annual fee of $60,000. $17,700,000 of the bond proceeds would be used to construct and equip the 120,000 square foot facility. An additional $9,500,000 is expected to be committed by RMAF through private pledges for the facility. RMAF plans to employ 73 people upon completion of the Project, with an annual estimated payroll of $1,954,000. RMAF presented its proposal to the Council Finance Committee on July 12. Committee members expressed many concerns similar to those voiced by staff. In response to Committee concerns, staff concluded that the project appeared to be relatively low in risk provided that bond documents and lease agreements between the City and the RMAF are structured appropriately. Section 11 of Resolution 95-130 has been added requiring a feasibility study of the project to be completed prior to issuance of the bonds. A public hearing is required by the federal Tax Equity and Fiscal Responsibility Act (TEFRA) as amended and will be held at the time of the First Reading of the ordinance issuing the private activity bonds. The hearing provides an opportunityfor members of the public to comment before the issuance ' of the tax exempt bonds. BACKGROUND: Project Budget and Use of Bond Proceeds The estimated budget for the project is as follows: Building and Fixtures $16,700,000 Capital Equipment 1,000,000 Issuance Costs 300,000 Total $18,000,000 The proceeds of the bond issue will be applied to these total estimated costs. In addition, RMAF would expect to contribute $9,500,000 in additional capital to the project. These funds would come from private and public sources, including grants and endowments. The life of the bond is expected to be 20 years. The company estimates that the interest rate on the bonds will be 6%. They project an annual debt service payment of $1,548,000. , 293 I September 5, 1995 r Economic Benefits to the City Direct Benefits to the City The project, when completed, will yield direct and indirect benefits to the Fort Collins economy. One-time Sales and Use Tax: Building permit use tax $250,500 Sales and use tax on equipment 30,000 Total one-time receipts $280.500 Annual Sales and Use Tax: Local sales $ 21,000 Gift shop sales 63,000 Food service sales 31,500 Sales tax on utilities 1,500 Payments in lieu of taxes 2,500 ' Sales tax on purchases 15,000 Total annual receipts $119.500 Total direct benefits $400,000 Additionally, the Foundation proposes to pay a minimum of $60,000 annually to the Water Reclamation Fund for leasing the land at the site. Indirect Benefits It is estimated that 64% offish and plant product sales will be made locally while 36% of the products will be sold outside the City of Fort Collins. It is projected that 90% of the aquarium's expenditures will be made locally. It is anticipated that the aquarium will employ 73 local residents. If it is assumed that 50% of the payroll is spent locally, the City will receive an additional $29,000 in sales tax after 1997. 294 Financial Feasibility and Debt Coverage from Preliminary Pro Forma September 5, 1995 ' Based on preliminary estimates, the debt coverage ratio ranges from 1.58 to 1.78. These coverages assume a bond payment term of 20 years with an interest rate of 6.0%. In addition to the coverage above, the bondholders will be secured by a letter of credit. The group anticipates 600,000 visitors who will pay an $8.00 admission fee the first year. The Oregon Coast Aquarium with a square footage of 40,000 draws 800,000 annual visitors. Based on attendance at other aquariums, staff believes the attendance figures may be high. A feasibility study of this project must be completed before bonds are issued. Compliment to Existing Programs and Facilities This project is consistent with adopted City policies regarding land use and zoning. The proposed site lies within the Poudre River corridor and is highly compatible with existing and pending City policy with regard to the river corridor. The structure will be designed with the site and backdrop in mind and the outdoor areas will contain exhibits and interpretations of nearby natural features and significant open -space areas. The facility will be designed and built with energy efficiency as a . primary consideration. Hiking and biking trails will be included in the outdoor design. Conclusion This agenda item summary serves as an overview of the application. Staff has evaluated the application and finds that it is consistent with the City's policies and guidelines for issuing private activity bonds. The Criteria Evaluation sheet is attached for review. The project received 63 points out of a possible 100 points. Based on the evaluation of the project application, staff recommends approval of the inducement resolution. " Finance Director Alan Krcmarik stated the City received an application for tax exempt financing from the Rocky Mountain Aquarium Foundation, a tax exempt foundation. He stated this was an $18M request for the City's sponsorship but all liability would remain with the project. The site is owned by the City and is known as the 400 acre Resource Recovery Farm located at Prospect and I-25. The Foundation is interested in leasing about 34 acres. The facility would be about 120,000 sq. ft. and would consist of a combination fresh water aquarium and aqua culture (fish farming) structure. The facility would employ about 75 people with a projected payroll that is slightly above average in Latimer County. After analysis, staff has concluded that the project represents relatively low risk to 295 I September 5, 1995 the City from a financial perspective, provided that the bond documents and the lease agreement can be adequately structured. Bill Manci, 506 Wabash, Vice -President of the Rocky Mountain Aquarium Foundation and private sector aqua culture and fisheries consultant, provided project background and spoke of opportunities the project would offer Fort Collins and the public at large. Allen Harlow, Sweeney and Associates, commented on the site and presented a preliminary site analysis diagram. He spoke of the match between the facility activities and functions of the aquarium and ecocomplex to the specific site. Steve Sweeney, architect with Sweeney and Associates, discussed the building concept and facility design. He stated the intent is to design a facility that responds to a strong visitor education experience while maintaining a well defined architectural image. He stated landscape architectural features would play an important role. Dave Dwyer, attorney representing the project, discussed financing for the project. He stated the applicant is asking that an inducement resolution be adopted so the project can begin to look at the financing options available. No money can be spent and be financed with the bonds if those ' expenditures are incurred prior to the City's adoption of an inducement resolution. There is a need to determine if the project is financially feasible. He stated the bonds would need to be backed by a letter of credit issued by a very credit worthy bank or by an insurance policy issued by a municipal insurance company. Project representatives cannot begin to talk to financing people until it is known whether the City would be interested in providing this type of credit enhancement. He asked that Council adopt the resolution to allow the process to begin. Councilmember Kneeland made a motion, seconded by Councilmember Wanner, to adopt Resolution 95-130. Councilmember McCluskey asked if the Utilities were comfortable with this use of the water reclamation area and if it prevents any future uses planned for the area. Utilities Director Rich Shannon, replied that in terms of the City's current use for sludge disposal, the City is attempting to phase off of the site. He added that Parcel B is the least productive in terms of its farming capability. He stated the site plan is consistent with a conceptual plan developed by the Utilities in conjunction with design consultants. Councilmember McCluskey stated the Finance Committee expressed an interest in investigating the possibilities and talked about the value of the land and the impact of the project on the water reclamation division. 296 September 5, 1995 ' Councilmember Kneeland stated much of the Finance Committee discussion focused on City liability related to issuing the bonds. She stated the City's role is as a facilitator since it is the only entity that can issue the bonds. The Committee felt more questions would be answered through the feasibility study. Krcmarik stated tax exempt financing (conduit financing) requires a sponsor. The City lends its ability to issue the bonds but is precluded by federal law from assuming any financial liability. He stated a default by RMAF would not have a direct effect on the City's bond rating. He stated adoption of the inducement resolution does not mean commitment to the ultimate project. He stated there is still opportunity for review of the projects by any of the City's Boards or Commissions. Councilmember Janett expressed concern that this resolution was premature. She stated typically when the City has excess land, it is either sold or used for other City purposes. She asked what the City's policies say about competitive sale or leasing of property. Krcmarik stated generally the first step is to offer the land to other City departments and if there is any interest, sell it at the appraised value. Next would be an attempt to sell the land on a competitive basis. City Attorney Roy stated the Code requires that before the City sell or dispose of any interest in real ' property, there needs to be a finding by the Council that the proposed disposition is in the best interests of the City. There is no formal requirement outside of the sale of SID property, that a competitive process be used with regard to the disposition of property. Councilmember Janett stated Section 10 of the resolution stated a public hearing will be held if required by IRS regulations. She suggested deleting "if required" and requiring that a public hearing be conducted. Councilmember Kneeland expressed support for the inducement resolution. She spoke of the opportunities to meet Council's goals in the areas of a learning community and education. Councilmember McCluskey supported the proposal and stated the outstanding questions and concerns will need to be answered before the bonds are issued. Councilmember Wanner supported the project which is an unique opportunity if it passes the test of feasibility and community acceptance. Councilmember Janett stated she would be more comfortable having direction in the resolution that requires the feasibility study to be reviewed by the appropriate boards and commissions and requires the public hearing to be held. AW I September 5, 1995 City Attorney Roy suggested an amendment to the resolution that would amend Section 10 by deleting the introductory phrase "if required for purposes of complying with Section 141(f) of the IRS Code". He suggested amending the Whereas clauses to read: "Whereas, the Council has considered the proposal and believes that the economic, recreational, education, and social benefits to be derived therefrom by the City may be substantial; and" Whereas, the Council believes the Project may be consistent with the goals and objectives of the City; and Whereas, the Council wishes to refer the question of the possible issuance of the bonds to various boards and commissions of the City for their recommendations; and Whereas, the Council wishes to proceed with passage of the resolution to indicate its preliminary intent to proceed with financing." Councilmember Janett stated she would like the City's policies on the disposition of property to be considered because Council has a fiduciary responsibility to make sure the City's assets are best used. Mayor Azari suggested that direction be given separately under Other Business. Councilmembers Kneeland and Wanner accepted City Attorney Roy's language as a friendly amendment to their original motion to adopt Resolution 95-130. The vote on Councilmember Kneeland's motion to adopt Resolution 95-130, as amended, was as follows: Yeas: Councilmember Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. Resolution 95-131 Making Finding of Fact Regarding the Appeal of the Decision of the P&Z Board to Overturn City Staffs Decision to Approve an Administrative Change for the Woodlands Condominiums PUD, Second Filing, Adopted. The following is staff's memorandum on this item. "Executive Summaa September 5, 1995 ' On July 10, 1995, an appeal of the June 26, 1995 final decision of the Planning and Zoning Board to overturn City Staffs decision to approve an administrative change for the Woodlands Condominiums P. U.D., Second Filing was filed by Appellant Kaufman and Broad Multi -Housing Group, lnc. On August 22, 1995, City Council voted 5-1 to overturn the decision of the Planning and Zoning Board. In order to complete the record regarding this appeal, the Council should adopt a Resolution making findings of fact and finalizing its decision on the appeal. BACKGROUND: The appellants' notice of appeal was based on allegations that: "The Planning and Zoning Board failed to properly interpret and apply relevant provisions of the Code and Charter; " "The Planning and Zoning Board failed to conduct a fair hearing in that it exceeded its Jurisdiction as contained in the Code and Charter." ' At the August 22, 1995 hearing on this matter, Council considered the testimony of City staff, the appellant, the attorney for the appellant, and opponents to the appeal. After discussion at this hearing, Council determined that the Board did not properly interpret relevant provisions of the City Code and Charter. The appellant withdrew the allegation that the Board failed to conduct a fair hearing. City Council determined to overturn the decision of the Planning and Zoning Board. " Councilmember Apt withdrew from discussion and vote on this item because he did not attend the August 22 hearing. Councilmember Smith made a motion, seconded by Councilmember McCluskey, to adopt Resolution 95-131. The vote was as follows: Yeas: Councilmembers Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. NQ September 5, 1995 Resolution 95-129 Making Findings of Fact Regarding the Appeal of the P&Z Board Decision Granting Approval of Woodland Park Estates Final PUD, Adopted. The following is staff's memorandum on this item. "Executive Summaa On August 4, 1995 a Notice of Appeal was filed by parties -in -interest with respect to the July 24, 1995 decision of the Planning and Zoning Board approving Woodland Park Estates Final P. U.D. This appeal was considered by Council on August 29, 1995. At the August 29, 1995 hearing on this matter, Council considered the testimony of City staff, the appellant, and the those opposed to the appeal regarding Woodland Park Estates Final P. U.D. In subsequent discussion at this hearing, Council took two actions: 1. Council determined that the Board conducted a fair hearing, the Board did not fail to receive all relevant evidence offered by the appellants, and that the Board did not ' substantially ignore its previously established rules of procedure. '2. Council determined that the Board did not fail to properly interpret and apply relevant provisions of the Code and Charter. Consequently, the July 24, 1995 decision of the Planning and Zoning Board, approving, with one condition, Woodland Park Estates Final P. U.D., was upheld. " Councilmember Janett withdrew from discussion and vote on this item because she did not attend the August 29 hearing. Councilmember McCluskey made a motion, seconded by Councilmember Apt, to adopt Resolution 95-129. The vote was as follows: Yeas: Councilmembers Apt, Azari, Kneeland, McCluskey, Smith and Janett. Nays: None. THE MOTION CARRIED. 'Ordinance No. 116,1995, Appropriating September 5, 1995 Unanticipated Revenue in the General Fund for Police Services, Adopted on First Reading. The following is staff's memorandum on this item. "Executive Summary The City of Fort Collins has received a Department of Justice grant totaling $225,000 over a three year grant period. This item appropriates $75, 000 first year grant funds) in the General Fund for Police Services for the COPS AHEAD Grant. Subsequent years appropriations will be included as part of this grant. The matching funds are available to the Police Services budget. A breakdown of the funding follows: FEDERAL LOCAL TOTAL SHARE SHARE Year 1 $ 75,000 $ 47,940 $122,940 Year 2 75,000 64,626 139,626 Year 3 75.000 76.218 151.218 ' Total $225,000 $188,784 $413,784 Police Services has been awarded a grant totaling $225,000 from the U.S. Department of Justice under the COPS AHEAD program. This grant is in effect for three years and will provide partial funding for three additional police officers. The balance of the funds necessary to fully finance the officers is available in the 1995 approved Police Services budget, the 1996 proposed budget and will be included in the 1997 Police Services budget. The grant money has been made available from the 1994 crime bill and focuses on Community Oriented Policing. The three officers hired under the COPS AHEAD grant will be assigned to the Downtown/Old Town area. These officers will engage in all areas of community policing. They will conduct foot patrols of the area, meet with merchants and residents to identify problems and issues and work the merchants, residents, city departments and others to devise strategies for addressing problems. As part of this program, Police Services would like to open a Storefront Community Police Office in the downtown area from which the officers would work. The grant funds will allow Police Services to begin implementation of the Downtown Community Oriented Policing program with financial assistance from the federal government. After the grant expires, Police Services will become responsible for the financing the continuation of the program, pending an analysis and evaluation of the program's success in reaching its goals. 301 1 September 5, 1995 Councilmember Smith asked Chief Rainguet about the long term effects of creating these three police positions to be used in the downtown area. Chief Rainguet replied that one police officer and one police detective are included in the City Manager's proposed 1996 Budget. The presidential program called "COPS AHEAD" places three officers in the downtown to enact a new style of policing to work with the community to solve problems. He stated the addition of the three officers will give Police Services more traffic capabilities and more narcotics capabilities in the downtown. It will also free up officers for responses to neighborhood calls or traffic concerns in neighborhoods. Councilmember Smith made a motion, seconded by Councilmember Kneeland, to adopt Ordinance No. 116, 1995, on First Reading. The vote was as follows: Yeas: ' Councilmembers Apt, Azari, Janett, Kneeland, McCluskey, Smith and Wanner. Nays: None. THE MOTION CARRIED. Other Business Councilmember Janett made a motion, seconded by Councilmember Apt, to direct staff to look at other options for uses of the land at the Resource Recovery Farm, to include an analysis of potential uses and the return on those uses to the City. Councilmember Janett stated this 400 acre parcel at the intersection of Prospect and I-25 is one of the last large parcels of land readily available for major businesses. She stated the City should proceed cautiously with the use of the site and know what the options are before it is divided up into smaller parcels. The vote on Councilmember Janett's motion was as follows: Yeas: Councilmembers Azari, Apt, Janett and Smith. Nays: Kneeland, McCluskey and Wanner. THE MOTION CARRIED. Mayor Azari asked that a resolution appointing Councilmember Kneeland to the CML Policy Committee be scheduled for the September 19 meeting. 302 The meeting adjourned at 9:15 p.m ATTEST: City Clerk September 5, 1995 Adjournment Mayor 1 303 1