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HomeMy WebLinkAboutMINUTES-06/18/2013-RegularJune 18, 2013 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 18, 2013, 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: Horak, Overbeck, Cunniff, Poppaw and Troxell. Councilmembers Absent: Campania, Weitkunat. Staff Members Present: Atteberry, Nelson, Roy. Agenda Review City Manager Atteberry stated there were no changes to the published agenda. Citizen Participation Eric Sutherland, 3520 Golden Currant, opposed the payment of junk bond interest by taxpayers. CONSENT CALENDAR, 6. Consideration and Approval of the Minutes of the May 21, 2013 Regular Meeting 7. Second Reading of Ordinance No. 077, 2013 Appropriating Prior Year Reserves in the General Fund for Waste Reduction and Diversion Projects Approved by the Waste Innovation Program. awn. This Ordinance, unanimously adopted on First Reading on June 4, 2013, shifts S 135,560 that has accumulated in the Waste Innovation Program's reserve account into the City's General Fund account so that the money can be used for the purposes intended. Revenues are paid into the Waste Innovation Program by City departments that "self haul" trash from municipal operations for disposal in the Latimer County Landfill. The fund is designated to pay for projects that enhance these same departments' ability to divert more waste away from the landfill. Unspent funds from several previous years had been moved into a "reserve" account; this action moves the funds back into the General Fund. 8. Second Reading of Ordinance No. 078, 2013 Appropriating Unanticipated Grant Revenue into the Stormwater Fund, and Authorizing the Transfer of Existing Appropriations from the Flood Mapping/Stream Gaging Capital Project to the Post Fire Flood Warning Grant Project for Early Flood Warning Capabilities. June 18, 2013 This Ordinance, unanimously adopted on First Reading on June 4, 2013, appropriates funds received from a State of Colorado grant totaling $17,881. The grant funds will be used to enhance early flash flood warning capabilities due to the increased risk of flooding caused by the High Park Fire. Existing appropriations will be used for the match of $5,960. 9. Second Reading of Ordinance No. 079, 2013, Authorizing the Use of the Noonan Tract and the Bowes Homestead Tract as Match for a Neotropical Migratory Bird Conservation Act Grant Administered by the U.S. Fish and Wildlife Service. This Ordinance, unanimously adopted on First Reading on June 4, 2013, authorizes the use of a recent acquisition of 280 acres at Soapstone Prairie Natural Area as match towards a Neotropical Migratory Bird Conservation Act grant, as well as management funds currently obligated in the Natural Areas Department (NAD) budget. Using the funds already spent as match towards this grant is a great secondary benefit for the City. The $200,000 grant will expand upon Rocky Mountain Bird Observatory's (RMBO) research and monitoring work to implement conservation strategies and management for 19 high priority grassland birds that breed within the Laramie Foothills Mountains to Plains Project and 27 high priority species at wintering sites in the Chihuahua Desert of Mexico. 10. Second Reading of Ordinance No. 080, 2013, Authorizing Amendments to the Intergovernmental Agreement Between the City and Poudre School District Pertaining to - the Land Dedication and In -Lieu Fee Requirements Contained in Such Agreement. Since 1998, the City of Fort Collins has collected a fee -in -lieu of land dedication for both Poudre School District and Thompson School District. These fees allow a residential developer to pay a school site fee to the School Districts rather than dedicate a parcel of land to the District for development of future schools. The ability of the school districts to require land dedication is authorized under Colorado Law.. Fees are reviewed every two _years and, in 2011, the Poudre School District reduced fee amounts by 11 percent. This Ordinance, unanimously adopted on First Reading on June 4, 2013, will increase the amount of the fees the District receives by 6.9 percent: The School District is requesting an increase in the.fees collected because of an increase in land values and cost per acreage. This fee amount was reviewed and approved by the Poudre School Board in February 2013. Thompson School District will not be adjusting fees in 2013. 11. Second Reading of Ordinance No. 081, 2013 Authorizing Dryland Farm Leases to Harry Sauer on Long View Farm Open Space, Prairie Ridge Natural Area, and Coyote Ridge Natural Area. The City of Fort Collins Natural Areas Department is a minority owner in Long View Farm Open Space and Prairie Ridge Natural Area, and is the sole owner of the McKee parcel within Coyote Ridge.Natural Area. The majority owners of Long View and Prairie Ridge are Larimer County and the City of Loveland respectively. All three properties are leased by Harry Sauer for dryland wheat production and have been since the time of purchase of the properties by the Cities and County. Intergovernmental Agreements state which agency has management authority and receives the lease revenues for each property. As current leases expire on the properties, all three entities have worked collaboratively to create leases with similar terms and have advertised the properties for lease via one Request for Proposals 166 June 18, 2013 process. This Ordinance, unanimously adopted on First Reading on June 4, 2013, authorizes dryland farm leases to Harry Sauer on these areas. The new leases have a higher lease rate and more contemporary language. Restoration of the dryland wheat to native grasses on the McKee parcel will continue at the same pace as in the past and it will nearly be completely restored to native grasslands by the end of the lease term of five years. 12. Second Reading of Ordinance No. 083, 2013, Designating the Johnson Farm Property, 2608 East Drake Road as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. This Ordinance, adopted by a vote of 6-0 (Campana recused) on First Reading on June 4, 2013, designates the Johnson Farm Property at 2608 East Drake Road as a Fort Collins Landmark. The owner of the property, Gino Campana of Johnson Farm LLC, is initiating this request. 13. Postponement of Second Reading of Ordinance No. 084, 2013 Authorizing the Conveyance of Four Easements, a Temporary Construction Easement and a Revocable Permit on City Right -of -Way and City -Owned Property to Linden Bridges LLC for the Encompass -River District Block One Mixed Use Development to July 2, 2013. Encompass — River District Block One Mixed Use Development is a mixed use development at 418 Linden Street consisting of office space, residential space and a restaurant. The property is owned by Linden Bridges LLC. Several easements are required for this project for improvements in the right-of-way, bank stabilization and river enhancement, drainage and landscape areas. The Developer has requested that Second Reading of this Ordinance authorizing the conveyance of easements, be postponed until July 2, 2013, due to scheduling conflicts with the developer and the consultant. 14. First Reading of Ordinance No. 085, 2013, Appropriating Unanticipated Revenue in the General Fund to be Remitted to the Fort Collins Housing Authority to Fund Affordable Housing and Related Activities. The Fort Collins Housing Authority paid the City of Fort Collins $3,169 as the 2012 payments for public services and facilities. The Authority requests that the City refund those payments, also known as Payment in Lieu of Taxes (PILOT), to fund sorely needed affordable housing related activities.and to attend to the low-income housing needs of Fort Collins residents. Resolution 1992-093 reinstated the requirement that the Authority make annual PILOT payments to the City. The City may spend the PILOT revenues as it deems appropriate in accordance with law, including remitting the funds to the Authority if the Council determines that such remittal serves a valid public purpose. The Council has annually remitted the PILOT payment to the Authority since 1992. 15. First Reading of Ordinance No. 086, 2013, Authorizing the Convevance of a Non -Exclusive Access Easement on Fossil Creek Wetlands Natural Area to Paragon Estates Homeowners Association. The Natural Areas Department intends to formalize its verbal agreement with Paragon Estates Homeowners Association (HOA) for access across an existing two -track road off 167 June 18, 2013 Trilby Road to the HOA's pumphouse. The pumphouse is located within an existing irrigation easement on Fossil Creek Wetlands Natural Area. The HOA's current access has minimal impact to the Natural Area and no additional impacts are anticipated. Access would be solely for maintenance and operation of the facilities associated with the existing irrigation easement. No other access rights are to be conveyed. 16. Resolution 2013-054 Makin Findings indings of Fact and Conclusions Re ardin the he Appeal of the April 18, 2013 Planning and Zoning Board Approval of the Max Flats Project Development Plan. On April 18, 2013, the Planning and Zoning Board considered and approved the application for the Max Flats, Project Development Plan. On May 2, 2013, a Notice of Appeal was filed seeking to modify the approval. On June 4, 2013, City Council voted 5-2 (Nays: Cunniff; Overbeck)concluding that the evidence presented did not indicate the Board failed to conduct a fair hearing by considering evidence relevant to its findings which was substantially false or grossly misleading, nor did it substantially ignore its previously established rules of procedure. City Council voted 7-0 that the Planning and Zoning Board properly interpreted and applied the Land Use Code in approving the Plan, but that, based upon information presented to the City Council on appeal, the City Council determined that the decision of the Board should be modified by the addition of the following conditions,of approval: a. Five trees must be planted along the west side boundary of the property. b. Juliet balconies must be installed along the west side of the building as shown on the elevation presented to the City Council on appeal. C. The tower elements must be added to the building as shown on the elevation presented to the City Council on appeal. d. All materials cladding the building must be consistent on all elevations around the building. In order to complete the record regarding this appeal, Council should adopt a Resolution making findings of fact and finalizing its decision on the appeal. ***END CONSENT*** Ordinances on Second Reading were read by title by City Clerk Nelson. Second Reading of Ordinance No. 077, 2013 Appropriating Prior Year Reserves in the General Fund for Waste Reduction and Diversion Projects Approved by the Waste Innovation Program. Second Reading of Ordinance No. 078, 2013 Appropriating Unanticipated Grant Revenue into the Stormwater Fund, and Authorizing the Transfer of Existing Appropriations from the Flood Mapping/Stream Gaging Capital Project to the Post Fire Flood Warning Grant Project for Early Flood Warning Capabilities. 168 June 18, 2013 9. Second Reading of Ordinance No. 079, 2013, Authorizing the Use of the Noonan Tract and the Bowes Homestead Tract as Match for a Neotropieal Migratory Bird Conservation Act Grant Administered by the U.S. Fish and Wildlife Service. 10. Second Reading of Ordinance No. 080, 2013, Authorizing Amendments to the Intergovernmental Agreement Between the City and Poudre School District Pertaining to the Land Dedication and In -Lieu Fee Requirements Contained in Such Agreement. 11. Second Reading of Ordinance No. 081, 2013 Authorizing Dryland Farm Leases to Harry Sauer on Long View Farm Open Space, Prairie Ridge Natural Area, and Coyote Ridge Natural Area. 12. Second Reading of Ordinance No. 083, 2013, Designating the Johnson Farm Property, 2608 East Drake Road as a Fort Collins Landmark Pursuant to Chapter 14 of the City Code. Ordinances on First Reading were read by title by City Clerk Nelson. 14. First Reading of Ordinance No. 085, 2013, Appropriating Unanticipated Revenue in the General Fund to be Remitted to the Fort Collins Housing Authority to Fund Affordable Housing and Related Activities. 15. First Reading of Ordinance No. 086, 2013, Authorizing the Conveyance of a Non -Exclusive Access Easement on Fossil Creek Wetlands Natural Area to Paragon Estates Homeowners Association. Councilmember Cunniff withdrew Item No. 16, Resolution 2013-054 Making Findings of Fact and Conclusions Regarding the Appeal of the April 18, 2013 Planning and Zoning Board Approval of the Max Flats Project Development Plan, from the Consent Calendar. Eric Sutherland, 3520 Golden Currant, withdrew Item No. 10, Second Reading of Ordinance No. 080, 2013, Authorizing Amendments to the Intergovernmental Agreement Between the City and Poudre School District Pertaining to the Land Dedication and In -Lieu Fee Requirements Contained in Such Agreement, from the Consent Calendar. Councilmember Troxell made a motion, seconded by Councilmember Poppaw, to adopt all items not withdrawn from the Consent Calendar. Yeas: Horak, Poppaw, Cunniff, Overbeck and Troxell. Nays: none. THE MOTION CARRIED. Resolution 2013-054 Making Findings of Fact and Conclusions Regarding the Appeal of the April 18, 2013 Planning and Zoning Board Approval of the Max Flats Project Development Plan, Adopted The following is the staff memorandum for this item. t.5 June 18, 2013 "EXECUTIVE SUMMARY On April 18, 2013, the Planning and Zoning Board considered and approved the application for the Max Flats, Project Development Plan. On May 2, 2013, a Notice of Appeal was filed seeking to modify the approval. On June 4, 2013, City Council voted 5-2 (Nays: Cunniff, Overbeck) concluding that the evidence presented did not indicate the Board failed to conduct a fair hearing by considering evidence relevant to its findings which was substantially false or grossly misleading, nor did it substantially ignore its previously established rules of procedure. City Council voted 7-0 that the Planning and Zoning Board properly interpreted and applied the Land Use Code in approving. the Plan, but that, based upon information presented to the City Council on appeal, the City Council determined that the decision ofthe Board should be modified by the addition ofthe following conditions ofapproval: a. Five trees must be planted along the west side boundary of the property. b. Juliet balconies must be installed along the west side of the building as shown on the elevation presented to the City Council on appeal. C. The tower elements must be added to the building as shown on the elevation presented to the City Council on appeal. d. All materials cladding the building must be consistent on all elevations around the building. In order to complete the record regarding this appeal, Council should adopt a Resolution making findings of fact and finalizing its decision on the appeal. , BACKGROUND /DISCUSSION The Appellant's Notice of Appeal was based on allegations that the Planning and Zoning Board failed to conduct a fair hearing in that it considered evidence was substantially false and grossly misleading and that it substantially ignored its previously established rules of procedure. The Appellant also alleged that the Planning and Zoning Board failed to properly interpret and apply relevant provisions of the Land Use Code. " Councilmember Cunniff stated the intent of one of the conditions was to ensure the materials cladding the non -street sides of the building were of the same quality as the materials cladding the street side. Seth Lorson, City Planner, stated the materials are already consistent on all sides of the building. Councilmember Troxell asked about the inclusion of brick on one side of the building. Lorson replied the brick wraps around the north side of the building to the east side along the commercial element of the building. The east side of the building is an open parking structure at the ground level and the higher levels are consistent with the front side of the building. Councilmember Cunniff stated the intent of Council and the topic of the discussion related to the use of the same high -quality brick as on the Mason Street side of the building elevation on all stories. Lorson replied that may need to be clarified in the language. City Attorney Roy suggested language for the Resolution. 170 June 18, 2013 Councilmember Cunniffmade a motion, seconded by Councilmember Poppaw, to adopt Resolution 2013-054, as amended with the suggested language. Yeas: Troxell, Horak, Overbeck, Poppaw and Cunnif£ Nays; none. THE MOTION CARRIED. Consent Calendar Follow -Up Councilmember Cunniff noted Item No. 15, First Reading of Ordinance No. 086, 2013, Authorizing the Conveyance of a Non -Exclusive Access Easement on Fossil Creek Wetlands Natural Area to Paragon Estates Homeowners Association, was also passed unanimously by the Land Conservation Stewardship Board. Councilmember Reports Councilmember Troxell reported on the ribbon -cutting for an exhibit at the Global Village Museum. Resolution 2013-055 Concerning the Fort Collins Urban Renewal Authority and its Tax Increment Revenue Refunding Bonds (North College Avenue Project), Series 2013, Declaring the City Council's Present Intent to Appropriate Funds to Replenish the Reserve Fund Securing Such Bonds, If Necessary; and Authorizing a Cooperation Agreement and Other Actions Taken in Connection Therewith, Adopted The following is the staff memorandum for this item. "EXECUTIVE SUMMARY The URA intends to refinance a portion of the debt it originally borrowed from the City in relation to the North College area. Now that an established revenue stream can be shown to investors, private money can be used to replace City money. The 2013 bonds require the URA to establish a debt reserve fund. To further facilitate the credit rating on the replacement debt, the City Council is asked to adopt the Resolution expressing the Council's intent to replenish the debt reserve fund if such funds are ever used to make debt payments. With this Resolution, the new URA debt is expected to have an effective interest rate of 3.3%. BACKGROUND /DISCUSSION TheNorth College URA ProjectArea was created in 2004, allowing the URA to receive incremental property taxes through 2029. Property tax increment revenue in North College was first received in 2007 and the 2012 property taxes payable in 2013 are expected to be $1.3 million. Table 1 -Net Property Tax Increment Revenue $000's 2007 2008 2009 12010 2011 12012 2013 $110 1 $287' 1 $263 1 $493 1 $536 1 $907 $1,285 *anticipated 171 June 18, 2013 A common measure used by lenders in determining risk is the ratio of pledged revenue to debt service, called a coverage ratio. Investors want that ratio to be high — at least 125%. The current revenue of $1.3 million could support up to $I million a year in debt service. The proposed maximum annual debt service of $919, 000 yields a good coverage ratio of 142%. City Loans to URA The initial financing model adopted forNorth College has the City providing initial capital through a loan until the tax increment revenue reaches a maturity level that can support external financing to third party investors. The City Council first authorized as Interagency Loan Policy in December 2008, with the most recent amendments approved in December 2012. Eight loans have been made by the City to the URA in the North College District. The first loan has been repaid. Table 2 recaps the current status of the loans. Table 2 — North College Loan Status $000's Original Current Term Date Project Value Balance Years Rate CityFundHolding 0912006 Valley Steel, URA start- $ 150 $ 0 ' 5 '- 5.55% General Fund up funds 0512009 North College Market 5,000 4,729 20 2.85% Capital Expansion Place, Phase 1 1212010 JAX 173 106 5 2.50% Capital Expansion 0612011 NEECO 326 326 10 3.01 % Storm Drainage 0712011 Kaufman Robinson 193 193 5 2.46% General Fund 0712011 North College Market 3,000 2,884 19 4.09% Water Fund Place, Phase 2 0812012 North College Road 2,700 2,700 18 3.92% Capital Projects Improvements BCC Loans to be refinanced ' 11,542 10,938 3.44% Weighted average 0612009 RM12 5,304 5,304 20 2.50% General Fund Total North College 16,846 16,242 Area The proposal is to issue enough debt to take out $10.94 million in loans to the City, plus interest and debt issue costs. For the following reasons the City loan to the URA that relates to RMI is not being refinanced. • The use of the RMI2 loan proceeds does not qualify the interest to be tax exempt. Therefore the interest rate would be significantly higher. • The new market tax credit deal cannot be refinanced until 2017. • There is not enough revenue capacity to meet external investor expectations. Only about SI million of the $5.3 million could be considered for refinancing if the favorable coverage ratio was to be preserved. The General Fund is holding the URA loan relating to the RMI2. Later this year the loan will be reallocated and held equally between the Water Fund and Capital Expansion Fund. This will free 172 June 18, 2013 up some monies in the General Fund. Future debt payments by the URA will then be allocated appropriately to each fund. Preliminary Structure of 2013 Bonds Approximately $11.4 million of bond proceeds will be used to takeout $10.94 million of debt to the City, plus interest of $254, 000, and pay debt issue costs of $206, 000. Coupon interest rates vary from 2%for near term bonds and 4%for longer term bonds. The collective Net Interest Cost is expected to be 3.301o, which compares favorably to 3.44% weighted average interest rate on the City debt being retired. Future annual payments will varyfrom $914,000 to $919,000 through 2029. City Intent to Replenish Reserves The Underwriters for the 2013 Bonds have recommended that a debt service reserve fund in the amount of approximately $920,000 would be'advisable.for marketing the 2013 Bonds and that purchasing a Surety Policy.for such amount would be preferable to funding such reserve with cash. The cost of such Surety Policy would be $55, 000. 1f it was ever necessary to draw upon the Surety Policy, the City's replenishment would repay such draw. Staffprefers the Surety Policy option but will make a decision later based on the potential impact on the credit rating. The City I snot legally bound to replenish the reserve fund and it would be subject to annual appropriation offunds by the City Council in its sole discretion. Sherman & Howard will issue a legal opinion that the City can make this non -binding commitment. It is anticipated that the City's non -binding commitment will result in the replacement debt receiving a credit rating ofAa3. Without this, and a proven revenue stream, the interest rate would likely be 5% or higher rather than 3.3%. Authority to Adopt the Resolution Through the adoption of the URA Resolution, the Urban Renewal Authority is issuing property tax increment revenue bonds to reftnance loans made by the City to the URA. The loans that are being refinanced by the issuance of those bonds were made by the City to finance public infrastructure. No private improvements were financed through the loans. In order to enhance the marketability of the bonds that are being issued by the URA, staff Is recommending that the City Council adopt a resolutionpursuant to which the City Council would indicate that, if the reservefund for the bonds is ever drawn upon, the City Council will consider appropriatingfunds to replenish the reservefund. This is not a legally binding obligation but rather is subject to appropriation by the Council, when and if the reserve fund is drawn upon. (This has sometimes been referred to as a "moral obligation pledge ") Since the City cannot be compelled to appropriate funds under this approach, the Resolution and related documents do not create a debt for purposes of the City Charter or the Colorado Constitution. A question has been raised by a local citizen as to whether Council actions such as the making of this non-bindling commitment violates certain provisions of the City Charter. The Charter provisions in question read as follows: 173 J June 18, 2013 ARTICLE V. FINANCE ADMINISTRATION PART I. BUDGET AND FINANCIAL MANAGEMENT Section 15. Appropriations forbidden. No appropriation shall be made for any charitable, industrial, educational, or benevolent purposes to any person, corporation, or organization not under the absolute control of the city, nor to any denominational or sectarian institution or association. (Ord. No. 10, 1991, § 1(a), 2-19-91, approved, election 4-2-91) Section 16. City not to pledge credit. The city shall not lend or pledge its credit or faith, directly or indirectly, or in any manner to or in aid of any private person or entity for any amount or any purpose whatever, or become responsible for any debt, contract, or liability thereof (Ord. No. 203, 1986, § 1, Part D, 12-16-86, approved, election 3-3-87; Ord. No. 10, 1991, § I(a), 2-19-91, approved, election 4-2-91) These charter provisions are, in all material respects, identical to provisions contained in the Colorado Constitution. Thus, the limitations contained in the Charter provisions apply to all Colorado municipalities through the state constitution. In response to the concerns that have been expressed, staff has conferred with both the City Attorney.'s Office and the City's bond counsel to ensure that the proposed transaction does not violate either of the provisions in question. Legal counsel has confirmed the following: Article V, Section 15 of the City Charter is not applicable in this situation because (1) the Urban Renewal Authority is under the absolute control of the City (since its governing body is made up of the same members as the City's governing body) and it is not a denominational or sectarian institution; and (2) the projects refinanced by the bonds are public infrastructure projects; thus, the bond proceeds are not being used, either directly or indirectly, for a charitable, industrial, educational or benevolent purpose. Article V, Section 16ofthe Ciry Charter is not applicable because: (1) the Urban Renewal Authority is a public entity; (2) the City would not incur any indebtedness or other legally binding obligation by taking the proposed action; and (3) as noted above, the projects refinanced by the bonds are public infrastructure projects,. It should be noted that the financing structure being recommended by staff is not unique to the City. Other municipalities that have utilized this same procedure in connection with tax increment transactions include the City and County of Denver, the cities of Thornton, Westminster, and Steamboat Springs, and the Town of Avon. The State of Colorado has also used this type of financing structures for housing, charter schools and higher education. 174 June 18, 2013 Future Financing Model City staff have communicated to the URA that, goingforward, the City intends to only loan money when alternative financing agreements are not feasible. The reimbursement agreement recently approved for Aspen Heights is an example of the preferred approach for future development agreements. The Aspen Heights developer will be reimbursed over time as revenue is collected, rather than in a lump sum upon completion of the project. Consultants The URA and City have engaged three firms to help issue the new debt: Sherman & Howard as the Bond Attorney, BLX as the Financial Advisor and RBC Capital Markets as the Bond Underwriters. Timeline June 24 Publish Preliminary Of Fcial Statement on Internet Sites July 9-10 Market Bonds July 23 Closing FINANCIAL / ECONOMIC IMPACTS Property tax revenue in the North College URA plan area is unlikely to decline enough to trigger the use of the Debt Service Reserve Fund. The 2013 Bonds will be used to takeout $10.94 million in debt to the City, pay $254, 000 of interest and pay $206, 000 in delivery date expenses. Later this summer the City will use some of the returned monies to loan $5 million to the URA for the first Midtown Project — The Summit (Capstone). BOARD / COMMISSION RECOMMENDATION The Council Finance Committee reviewed and tentatively approved the refinancing and the concept ofa Council Resolution regarding a debt reserve replenishment pledge at its meeting on December 17, 2012 and again on May 20, 2013. " Mike Beckstead, Chief Financial Officer, briefly introduced the item. John Voss, Controller, discussed the refinance and stated this item would provide a moral obligation pledge to help enhance the credit of the URA. He discussed the North College TIF district. Adoption of this Resolution would enable the City to pledge to consider replenishing the URA reserve fund. He noted this process maybe new to Fort Collins but it has occurred in other Colorado municipalities. Eric Sutherland, 3520 Golden Currant, suggested the City has already approved the moral obligation pledge. He opposed the URA tax increment financing arrangement. . 175 June 18, 2013 Councilmember Cunniff requested an estimate of the date for the return of funds to the General Fund. Beckstead replied the intent would be to do that in the fall, though it could be done earlier if needed. Mayor Pro Tern Horak requested staff input regarding the reason for taking this action. Beckstead replied a great deal of due diligence goes into a process such as this prior to the item coming before Council, including getting a credit rating on the offering. This allows quick execution of the transaction as quickly as possible after Council approval. He stated there was no representation that Council had approved the moral obligation pledge. He discussed the methodology used by the County for URAs. Councilmember Troxell made a motion, seconded by Councilmember Overbeck, to adopt Resolution 2013-055. Councilmember Cunniff stated the Finance Committee reviewed the item and recommend approval. The vote on the motion was as follows: Yeas: Horak, Troxell, Poppaw, Overbeck and Conniff. Nays: none. THE MOTION CARRIED. Ordinance No. 080, 2013, Authorizing Amendments to the Intergovernmental Agreement Between the City and Poudre School District Pertaining to the Land Dedication and In -Lieu Fee Requirements Contained in Such Agreement, Adopted on Second Reading The following is the staff memorandum for this item. "EXECUTIVE SUMMARY Since 1998, the City ofFort Collins has collected a fee -in -lieu of land dedication for both Poudre School District and Thompson School District. These fees allow a residential developer to pay a school site fee to the School Districts rather than dedicate a parcel of land to the District for development of future schools. The ability of the school districts to require land dedication is authorized under Colorado Law. Fees are.reviewed every two years and, in 2011, the Poudre School District reduced fee amounts by 11 percent. This Ordinance, unanimously adopted on First Reading on June 4, 2013, will increase the amount ofthe fees the District receives by 6.9 percent. The School District is requesting an increase in the fees collected because of an increase in land values and cost per acreage. This fee amount was reviewed and approved by the Poudre School Board in February 2013. Thompson School District will not be adjusting fees in 2013. " Eric Sutherland, 3520 Golden Currant, stated Poudre School District is building a school in Timnath and it is being funded by all the citizens in Timnath, with the exception of those living in the Urban Renewal Authority. He opposed the way in which the County Assessor has been diverting a portion of Poudre School District's revenues to Urban Renewal Authorities. 176 June 18, 2013 Councilmember Cunniff made a motion, seconded by Councilmember Troxell, to adopt Ordinance No. 080-2013, on Second Reading. Councilmember Cunniff stated he is interested in ultimately affecting legislation change. The vote on the motion was as follows: Yeas: Troxell, Horak, Cunniff, Overbeck and Poppaw. Nays: none. THE MOTION CARRIED. Other Business Councilmember Troxell discussed construction of the new Xcel pipeline. He suggested a more formal agreement should be put in place regarding dispute resolution in order to avoid potential long-term costs being incurred by the City. City Manager Atteberry replied he will follow up with Xcel and look into the possibility of creating such an agreement. Adjournment The meeting adjourned at 6:45 p.m. FOR7ATTEST: A0F ...... l City Clerk V 177