HomeMy WebLinkAboutMINUTES-11/18/2008-RegularNovember 18, 2008
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, November 18,
2008, 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: Hutchinson, Manvel, Ohlson, Poppaw, Roy, and
Troxell.
(Councilmember Brown excused from Council meetings from October 28, 2008 through April 7,
2009, per Resolution 2008-104.)
Staff Members Present: Atteberry, Krajicek, Roy.
Citizen Participation
City Manager Atteberry stated Floyd and Ruth Barber are the property owners of rental property on
Grape Street, which is included in the area of the Market Place Project, College and Willox. Joe
Frank, Advance Planning Director, stated a financial agreement has been approved by the Urban
Renewal Authority to assist in improving the infrastructure for the Market Place Project. The
property on the northeast corner of College and Willox will be redeveloped as a shopping center.
A part of the property to be purchased by the developer contains nine rental units on the south side
of Grape Street and College Avenue, with seven of the units owned by the Barbers. The developer
anticipates the land purchase will be completed in mid -January and one condition of the sale is that
the rental units are to be removed from the site. The residents of the rental units received notification
around October 23 to vacate the premises. Staff did not learn of the eviction notices until the end
of October. At that time, staff began to develop a relocation plan to assist the renters. The financial
agreement included a provision that a relocation plan for the tenants would be developed and staff
began immediately to create a plan. As part of the agreement, the developer had committed $10,000
and the Urban Renewal Authority committed $10,000 to assist in relocation. Neighbor to Neighbor
Services (N2N) was enlisted to help with the relocation. $2000 per dwelling unit is being offered
to aid in relocation. Two households have utilized the funds for relocation expenses. Staff from the
City and N2N have met with the residents on Grape Street to answer questions about the relocation
program.
The following citizens expressed their anger and frustration with the handling ofeviction notices and
the relocation process:
Cheryl Distaso, 135 South Sunset
Meghan Kelly, on behalf of Colletta Kim, resident of a Grape Street unit
Betty Aragon Mitotes, 140 2nd Street
Tanya Carlson, 1910 North College, #4
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November 18, 2008
Avery Spencer, 1912 North College
Avery Spencer, Sr., 1912 North College
David Bartecci, 206 Remington
Daven Sprague, 1910 North College
Kandi Sprague, 1910 North College
Laura McColley, process server
Ruth Barber, owner of property on Grape Street, stated three of the families in the rental units have
known about the sale of the property since April. The notice to vacate was distributed on October
23 and tenants were given one month to relocate and the Barbers offered to help tenants move.
Floyd Barber, owner of property on Grape Street, stated the tenants were aware they had month -to -
month contracts and that the land was being sold.
Bill Remin, 418 Wood Street, stated Police Services is not enforcing the restraining orders he has
had issued by the courts.
Citizen Participation Follow-up
Council stated the intent of the financial agreement was to provide assistance to make the tenants'
relocation as easy as possible and asked staff to help resolve the issues raised by the tenants. The
relocation funds should be provided to the tenants in a manner that makes the process as easy as
possible.
City Manager Atteberry stated the program is intended to provide assistance with relocation through
reimbursing costs that the tenants incur as a result of moving. It is staff's responsibility to help with
the plan to disburse the relocation funds, but many of the complaints are tenant -landlord disputes and
are outside of the City's control. Mediation between the tenants and the property owner has been
offered. A full accounting of the relocation funds will be provided to Council.
City Manager Attebeny stated he would meet with Police Chief Harrison and City Attorney Roy to
review Mr. Remin's claim of non -enforcement of restraining orders. Council will receive a follow-
up report.
("Secretary's note: The Council took a brief recess at this point in the meeting.)
Resolution 2008-110
Repealing Resolution 2007-53 and Disbanding the Foothills Mall
Urban Renewal Plan Area, Adopted
The following is staff s memorandum on this item.
VAYA'"t IWI P CM-F.G EV"
Pursuant to Section 31-25-107, C.R.S., this Resolution repeals Resolution 2007-053 which approved
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November 18, 2008
the Urban Renewal Plan for the Foothills Mall and renders the same null and void and ofno further
force and effect, thereby disbanding the Foothills Mall Urban Renewal Plan Area (the "Plan
Area').
BACKGROUND
On May 15, 2007, Council adopted Resolution 2007-053, approving an Urban Renewal Plan for the
Foothills Mall Area. The Plan was developed at the request of General Growth Partners (GGP),
the owners ofthe Mall, and was preparedfor the Fort Collins Urban Renewal Authority and the City
of Fort Collins pursuant to the provisions of the Urban Renewal Law, CRS 31-25-101 et seq.
The Foothills Mall Urban Renewal Plan described the frameworkfor certain public undertakings
constituting urban renewal projects and other authorized activities under the Urban Renewal Law
in the Foothills Mall Area. The Plan was intended to stimulate private sector development in and
around the Foothills Mall Area and to take advantage of the use of Tax Increment Financing (TIF)
for public improvements and redevelopment activities. Unfortunately, the property owner has not
initiated any redevelopment activities since the adoption ofthe Plan and is not likely to do so in the
near future as a result of the current economic climate. Meanwhile, the twenty-five year clock on
the Plan Area continues to run making the use of TIF less viable. Staff believes that the Plan Area
should be dissolved at this time. When the economic climate and market conditions improve so that
either the current or future property owner ofthe Mall is interested in pursuing redevelopment of
the Mall, the Council can reconsider designating the Mall as an Urban Renewal Plan Area and
initiating a new twenty-five year clock. "
City Manager Atteberry stated redevelopment of the Foothills Mall has been a top priority for staff
and Council, but the property owner, General Growth Partners, is unable to proceed with the
redevelopment at this time. Staff believes repealing the current Urban Renewal Area Plan and
pursuing another Plan at a later time is a wise strategy to allow the redevelopment to use the entire
twenty-five year time span of the Plan whenever the property owner is able to proceed.
Trevor Simonton, Fort Collins resident, asked for an explanation of an urban renewal area.
City Manager Atteberry explained the creation of an urban renewal area is intended to remove blight
from communities and provide economic incentives to help property owners remove the blight.
Councilmember Manvel asked if forming a new urban renewal area for the Mall would start a new
25 year clock and if the Blight Study done for the current URA could be used again. Ken Waido,
Chief Planner, stated the ability to use the current Study will depend on when a new URA is
proposed. The Study will need to be modified if a considerable amount of time has passed before
the request is made. Formation of a new URA will start a new 25 year clock for the Plan.
Councilmember Roy asked how many tax dollars the urban renewal area has generated and for the
amount of sales tax revenues generated by the Mall. Mike Freeman, Chief Financial Officer, stated
the URA has collected no increment to this point. He will provide Council with a report of the sales
tax revenues generated by the Mall.
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November 18, 2008
Mayor Hutchinson asked if any further work w be done by staff to encourage redevelopment of the
Mall. City Manager Atteberry stated the Mall redevelopment will remain a high priority for staffand
conversations will continue between the City and the property owners.
Councilmember Roy made a motion, seconded by Councilmember Troxell, to adopt Resolution
2008-110. The vote on the motion was as follows: Yeas: Hutchinson, Manvel, Ohlson, Poppaw,
Roy and Troxell. Nays: none.
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Executive Session Authorized
Councilmember Ohlson made a motion, seconded by Councilmember Manvel, to go into Executive
Session, as permitted by Section 2-31(a)(1)(a) of the City Code to review and discuss the
performance and proposed compensation and benefits of the City Manager, City Attorney and
Municipal Judge. Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none.
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("Secretary's note: The Council went into executive session at this point in the meeting.)
Adjournment
Councilmember Ohlson made a motion, seconded by Councilmember Roy to adjourn the meeting
to November 25, 2008 at 6:00 p.m., to continue the annual evaluations of the City Manager, City
Attorney and Municipal Judge and to conduct any other business that may come before the Council.
Yeas: Hutchinson, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none.
THE MOTION CARRIED.
The meeting adjourned at 10:45 p.m.
ATTEST:
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