HomeMy WebLinkAboutMINUTES-05/15/2018-RegularMay 15, 2018
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting — 6:00 PM
• ROLL CALL
PRESENT: Martinez, Stephens, Summers, Overbeck, Cunniff, Horak
ABSENT: Troxell
Staff Present: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated Item No. 7, Items Relating to the Downtown Development Authority
Line of Credit Finance for 2019-2024, has an amended Resolution and the staff report related to
the I-25 Business Alliance will be moved to the July meeting. Staff will give an update on the
Urban Renewal Authority.
Eric Sutherland withdrew Item Nos. 2, Second Reading of Ordinance No. 059, 2018,
Appropriating Prior Year Reserves for the Purpose of Providing Natural Areas Programming Not
Included in the 2018 Adopted City Budget and Authorizing the Transfer of Appropriations from
the Natural Areas Fund into the Capital Project Fund for the Whitewater Park Project, 4, Second
Reading of Ordinance No. 061, 2018, Repealing and Reenacting Division 4 in Article IV of
Chapter 2 of the Code of the City of Fort Collins Pertaining to the Fort Collins Urban Renewal
Authority to Address Recent Changes in Colorado's Urban Renewal Law and Confirming the
Appointment of Andy Smith to the Authority's Board of Commissioners, and 7, Items Relating to
the Downtown Development Authority Line of Credit Finance for 2019-2024, from the Consent
Agenda.
• CITIZEN PARTICIPATION
Eric Sutherland opposed the current development review process from the perspective of citizens.
He stated the development review citizen liaison is ineffective.
Kathryn Dubiel opposed the approval and planning process of the Spirit at the River PDP.
Colleen Hoffman discussed an apartment project, approved as an expansion of an existing
complex, and stated it does not meet the Land Use Code on its own merit.
Adam Lovell discussed recent tragedies in the Gaza Strip and encouraged the City to support the
Palestinian people. He stated Vector Disease Control International needs to be held accountable
in its spraying and encouraged the City to ban neonicotinoids.
Kevin Cross urged Council to support the amicus brief in the COGCC v. Martinez case.
Jesse Bierman expressed concern about the opioid crisis.
Ted Walkup thanked Councilmember Overbeck for requesting Council's support of the amicus
-brief in the COGCC v. Martinez case. He stated oil and gas operations have a detrimental effect
on children's physical and mental development.
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Hannah Samuel discussed the opioid crisis and its impact on Colorado and Fort Collins.
Elizabeth Hudetz, Fort Collins Sustainability Group, urged Council to support the amicus brief in
the COGCC v. Martinez case.
Logan Schmitt discussed the opioid crisis and stated he has witnessed kids doing drugs at local
skate parks. He requested the City have more supervision at parks.
Necee (no last name given) expressed concern about the state of our livable future.
Jeremy Mack expressed concern about the decline of flying insects.
Kaitlyn Young discussed medicinal benefits of plants often sprayed as weeds.
Gayla Martinez urged Council to support the amicus brief in the COGCC v. Martinez case.
Tim Gosser, 350 Northern Colorado, thanked Councilmember Overbeck for his support of the
COGCC v. Martinez amicus brief and urged Council to support the brief.
John Anderson discussed sustainability and stated the planet is in worse shape now than it was in
the 1970's.
Fred Kirsch discussed Fort Collins' solar efforts and stated citizens must continue voicing opinions
and concerns.
Nicholas Mouton stated a contractor has been hired to spray herbicides in the, LaFamilia garden.
He stated herbicides should be banned in the city.
Thomas Edwards stated his numbers and the City's numbers on bicycle ridership do not match and
there are significant numbers of cyclists breaking traffic laws.
• CITIZEN PARTICIPATION FOLLOW-UP
Mayor Pro Tem Horak summarized the citizen comments.
Councilmember Cunniff stated he would like to conduct an insect inventory in Fort Collins and
requested information as to the herbicides and pesticides used at'City parks and buildings. He
thanked the students who spoke and requested staff follow-up with a report on substance use at
City parks.
Councilmember Martinez requested staff follow up regarding Mr. Mouton's comments. He
thanked the students who spoke regarding the opioid crisis.
Councilmember Summers thanked the students who spoke regarding the opioid crisis.
Councilmember Stephens thanked the students who spoke regarding the opioid crisis.
Councilmember Cunniff discussed the importance of drug take-back.days and requested additional
information regarding Mr. Kirsh's comments.
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May 15, 2018
Mayor Pro Tern Horak stated he believes citizens would be outraged if renewable energy sources
were placed in Natural Areas.
• CONSENT CALENDAR
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt and
approve all items not withdrawn from the Consent Agenda.
RESULT:
CONSENT CALENDAR ADOPTED [UNANIMOUS]
MOVER:
Ross Cunniff, District 5
SECONDER:
Bob Overbeck, District 1
AYES:
Martinez, Stephens, Summers, Overbeck, Cunniff, Horak
ABSENT:
Troxell
Consideration and Approval of the Minutes of the April 17, 2018 Regular Council Meeting and
the April 24, 2018 Adjourned Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the April 17, 2018 Regular Council Meeting
and the April 24, 2018 Adjourned Council Meeting.
2. Second Reading of Ordinance No. 060, 2018, Appropriating Unanticipated Grant Revenue in
the Transportation Fund from the Colorado Department of Transportation and the BNSF
Railway Foundation for the Safe Routes to School Program. (Adopted)
This Ordinance, adopted on First Reading on May 1, 2018, appropriates $25,584 in unbudgeted funds
received through two grants for the Safe Routes to School (SPITS) program (part of the City's FC
Moves Department). The Colorado Department of Transportation (CDOT) has awarded an $18,584
grant for acquisition of new equipment, and BNSF Railway Foundation has awarded a $7,000 grant
for SPITS bike -pedestrian safety education in K-8 schools. This project requires a 20% local match for
the CDOT grant ($4,646), which will be paid from a portion of the BNSF Railway Foundation grant.
On Second Reading, the reference to "BNSF Railroad Foundation" has been changed to "BNSF
Railway Foundation."
3. Second Reading of Ordinance No. 064, 2018 Authorizing the Conveyance of Various Property
Interests on City -Owned Property at Pelican Marsh Natural Area to Pedcor Investments LLC.
(Adopted)
This Ordinance, unanimously adopted on First Reading on May 1, 2018, authorizes the conveyance
of one non-exclusive permanent drainage easement, one non-exclusive permanent slope easement
and two temporary construction easements on Pelican Marsh Natural Area (Pelican Marsh) to Pedcor
Investments LLC. (Pedcor).
4. Second Reading of Ordinance No. 065, 2018, Authorizing the Conveyance to the Colorado
Department of Transportation of Various Property Interests on City -Owned Property at
Arapaho Bend Natural Area. (Adopted)
This Ordinance, adopted on First Reading on May 1, 2018, authorizes the conveyance of two
permanent right-of-way easements, one temporary construction easement, and a triangle strip of land
on Arapaho Bend Natural Area to the Colorado Department of Transportation (CDOT).
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5. First Reading of Ordinance No. 067, 2018, Approving the Waiver of Certain Fees for the
Oakridge Crossing Affordable Housing Project. (Adopted)
The purpose of this item is to present an affordable housing fee waiver request for Oakridge Crossing
and if granted, authorizing a refund of waived fees already paid. Oakridge Crossing, LLLP has
requested that certain development and capital improvement expansion fees be waived for qualifying
units at Oakridge Crossing, an affordable senior community. In March 2013, City Council limited the
types of projects for which fee waivers may be requested and made these waivers discretionary.
Eligible projects are those constructed for homeless or disabled persons, or for households whose
income falls at or below 30% of the area median income of all City residents. Oakridge Crossing LLLP
is requesting fee waivers in the amount of $90,923 for the 13 qualifying units at Oakridge Crossing.
Council Finance Committee supports this request and suggested using funds from the Affordable
Housing Capital Fund in the Community Capital Improvement Program fund for the refund.
6. First Reading of Ordinance No. 068, 2018, Designating the McMillan -Patterson Property, 121
North Grant Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter
14 of the Code of the City of Fort Collins. (Adopted)
This item is to consider the request for landmark designation for the McMillen -Patterson Property, 121
North Grant Avenue, an excellent example of an Eastlake -style home from the late 1880s.
7. First Reading of Ordinance No. 063, 2018, Making Various Amendments to the City of Fort
Collins Land Use Code. (Adopted)
91
The purpose of this item is to adopt a variety of revisions, clarifications and additions to the Land Use
Code that are generally housekeeping and routine in nature that have been identified since the last
update in May 2017.
The purpose of this item is to provide a Resolution of support for the Fix North 1-25 Business Alliance's
efforts to seek timely improvements to the 1-25 Corridor in Northern Colorado. This item supports
Council Priority for 1-25 funding; Strategic Plan Objectives: Transportation 6.1, 6.4; and Council
legislative priority re: 1-25 funding.
9. Resolution 2018-048 Authorizing the Assignment of the City's Private Activity Bond Allocation
for 2018 to the Colorado Housing and Finance Authority and Housing Catalyst to Finance the
Rehabilitation or Construction of Affordable Housing Units. (Adopted)
The purpose of this item is to support two local affordable housing projects by assigning the City's
2018 Private Activity Bond allocation.
10. Resolution 2018-049 Approving Fort Fund Grant Disbursements. (Adopted)
The purpose of this item is to approve Fort Fund grants' from the Cultural Development and
Programming and Tourism Programming Accounts for the selected community and tourism events,
based upon the recommendations of the Cultural Resources Board.
11. Resolution 2018-050 Making Appointments to the Affordable Housing Board, Golf Board, Parks
and Recreation Board and Youth Advisory Board of the City of Fort Collins. (Adopted)
The purpose of this item is to appoint Rachel Auldridge to fill a vacancy on the Affordable Housing
Board due to the resignation of Eloise Emery. Appoint Bob Pawlikowski to the Golf Board due to the .
resignation of Ashley Gruber. Appoint Robert Kingsbury to the Parks and Recreation Board due to the
resignation of Kenneth Layton. Appoint Sam Hammock, Suhaas Narayanan; and Kaustubh Kaushik
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to the Youth Advisory Board due to resignations from Roshini Narayanan and Betsy Pruznick and term
expiration of Nela Mohan.
In December 2017, Councilmembers Bob Overbeck and Ken Summers interviewed applicants for the
Affordable Housing Board; Councilmembers Ken Summers and Kristin Stephen interviewed applicants
for the Parks and Recreation Board from a pool of candidates solicited during.the fall of 2017.
Recommendations for appointments were made and several applicants were identified for any future
vacancies. On May 9, 2018 Councilmembers Ray Martinez and Bob Overbeck conducted interviews
for the Golf Board and the Youth Advisory Board from applications received during the first quarter of
2018.
• END CONSENT
• CONSENT CALENDAR FOLLOW-UP
Councilmember Cunniff requested follow up on how the City plans to ensure the apartments stay
dedicated for the use of individuals at 30% AMI or lower.
• STAFF REPORTS
Deputy City Manager Mihelich stated recent development review process enhancements will
increase efficiencies and improve customer service, but not at the expense of losing quality design
standards. Staff is committed to making the new process predictable, consistent, friendly, and fair.
Specific changes will include electronic plan review, hiring new development review coordinators
to be liaisons for customers, providing accurate fee estimates at the concept phase, and providing
real time tracking of cases from start to finish.
Councilmember Cunniff stated he has heard concerns development review fees are being used as
a general fund "slush fund". He also stated accuracy needs to be part of the new process and asked
where the idea of overhauling the Land Use Code originated. Mihelich replied that has come from
community stakeholders and City Plan feedback. He stated that overhaul will be written as a BFO
offer.
Councilmember Cunniff asked if neighborhood stakeholders have expressed the opinion that the
Land Use Code needs to be changed. Mihelich replied a stakeholder committee, including
neighborhood residents, would be formed as part of the process if Council provides direction to
move forward.
City Manager Atteberry agreed with Councilmember Cunnif 's statements.
Councilmember Martinez asked what happens with extra development review funds. , City
Manager Atteberry replied he would prefer to address that before the Council Finance Committee
but noted there is clear accounting for all funds.
• URBAN RENEWAL AUTHORITY UPDATE (JOSH BIRKS)
Josh Birks, Economic Health Director, discussed how urban renewal aligns with the City's vision,
mission, and values. He stated the Urban Renewal Authority Board is expanding as a result of
statute changes made in 2015. The new Board will consist of the existing Councilmembers, Steve
Johnson, Larimer County Commissioner, Christophe Febvre, Poudre School District Board
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President, Joe Weiss, Poudre River Public Library District Board member, and Andy Smith, who
was a Mayoral appointment.
Birks discussed the training received by the new Board.
Councilmember Cunniff thanked the newly appointed members for their service.
• COUNCILMEMBER REPORTS
Councilmember Overbeck reported on the Safe Routes to School event at Lesher and the
Metropolitan Planning Organization meeting.
Councilmember Martinez reported on Teacher and Nurse Appreciation Week and showed slides
of the National Tourism Breakfast at CSU, the FoCo Space Out event, the Outreach Fort Collins
community appreciation event during which an employee who has worked at the library for 45
years was recognized.
Mayor Pro Tern Horak reported on his presentation to the Latimer County Commissioners on the
proposed American Furniture Warehouse sign. The company submitted for a slightly smaller sign
and the Commissioners did not approve a moving message sign.,
i
• CONSIDERATION OF COUNCIL -PULLED CONSENT ITEMS
• DISCUSSION ITEMS
12.. Resolution 2018-051 Amending the West Nile Virus Management Policy and Providing
Direction to the City Manager Regarding Implementation of the Policy. (Adopted)
The purpose of this item is to adopt enhancements to the West Nile Virus Management Program. Staff
is presenting three options for Council consideration; the first two options would update the West Nile
Virus (WNV) Management Policy, and the final option maintains the status quo. The program changes
being offered propose changes to the program response guidelines (operational practices) as they
relate to the vector index requirement and human case requirement threshold.
Mike Calhoun, Director of Parks, stated the City's policy regarding West Nile is to reduce the risk
of human West Nile Virus impacts while limiting -adverse human health and environmental
impacts of operations. He discussed the City's process addressing West Nile and mosquito
spraying and stated staff was asked to review the adult mosquito control thresholds during its
annual continual improvement assessment. He stated the staff recommendation decreases the
vector index to 0.5 from 0.75 and removes the human case consideration.
Calhoun discussed the vector index, which is a mathematical calculation that expresses the virus
activity in the mosquito population. He stated the goal is to spray prior to the peak in infection
rates.
Calhoun discussed an alternative proposal which would leave the vector index at 0.75 but still
remove the human case consideration, or Council could opt to leave the vector index at 0.75 and
leave the human case consideration intact.
Terry Francl stated his property abuts the Fossil Creek wetlands and supported adoption of the
staff -recommended Resolution.
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May 15, 2018
Adam Lovell supported adoption of the staff -recommended Resolution but requested signage be
posted during spraying and encouraged staff to look into organic spraying alternatives.
Eric Levine noted the City's main treatment is larvaciding rather than adulticiding. He supported
the City's monitoring program and supported leaving the vector index as is.
John Ruehrig supported adoption of the staff -recommended Resolution to lower the vector index
and eliminate the human case consideration.
Dr. Chet Moore discussed the relationship between the vector index and human cases and stated
there will be human cases in subsequent weeks when the vector is 0.5 or above.
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
Councilmember Summers made a motion, seconded by Councilmember Martinez, to adopt
Resolution 2018-051, Option 1.
Councilmember Cunniff stated one of the components of West Nile infection rates is the response
of individuals to the presence of mosquitos. He asked if spraying too much, or without significant
effect, could negatively impact West Nile infection rates. Calhoun replied staff is very thoughtful
and deliberate about public outreach efforts and will improve those efforts based on annual
examination.
Councilmember Cunniff asked how wetlands such as Fossil Creek are addressed. Calhoun replied
more resources going toward larvaciding could increase the effectiveness of the wetland portion
of the program. .
Councilmember Cunniff requested staff address the recommendations of the technical advisory
committee. Matt Parker, Natural Areas Crew Chief, replied there are divergent viewpoints on the
technical advisory committee that are not going to take a stance that would lead to more frequent
applications.
Councilmember Summers asked how robust the discussions at boards and commissions were.
Parker replied the three boards have historically had input on this issue and they received a detailed
presentation.
Councilmember Summers discussed the City's goal for West Nile and stated it does not address
eliminating risk. He supported the staff recommendation and stated there is no information as to
what type of exposure to spraying it would take to create a negative impact.
Mayor Pro Tern Horak discussed the logic used while spraying. He questioned why a significant
drop in cases does not exist 3 weeks after spraying.
Councilmember Summers stated there is not a direct nexus between numbers of West Nile cases
in a theoretical model; however, the -policy staff is proposing reduces the risk of infection.
Councilmember Cunniff supported providing more notification at the parking lots of Natural Areas
and parks. He did not support of going to the 0.5 vector index and zero human cases threshold as
the risk may be increased if spraying occurs more often. He stated there is not a firm chain of
causality established between adulticiding and reducing the risk of human cases. He is not
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0
convinced changing the policy in both the vector index and human case consideration will make
the most difference in reducing risk.
Mayor Pro Tern Horak asked how additional spraying would be funded if the vector index is
changed to 0.5. Calhoun stated the County has two staff members that assist on the technical
advisory committee; however, they do not fund the larvaciding program.
The vote on the motion was as follows: Yeas: Martinez and Summers. Nays: Cunniff, Horak,
Stephens and Overbeck.
THE MOTION FAILED.
Councilmember Summers made a motion, seconded by Councilmember Martinez, to adopt
Resolution 2018-051, Option 2.
Mayor Pro Tern Horak stated he will support the motion and stated he would like to see the County
provide additional funding.
Councilmember Summers stated it is important to understand the County has incurred the cost of
spraying inside City limits when it is their decision to spray.
Councilmember Stephens stated she would support the motion as she does not feel secure enough
in the data to ensure that lowering the vector index is the right way to go.
Councilmember Overbeck stated he would support the motion,and suggested the CDC and USDA
collaborate to look at monitoring of West Nile in rural -areas.
Councilmember Cunniff stated he would not support the motion because the community has yet
to reach a consensus on the topic.
RESULT:
RESOLUTION 2018-051, OPTION 2, ADOPTED [5 TO 11
MOVER:
Ken Summers, District 3
SECONDER:
Ray Martinez, District 2
AYES:
Martinez, Stephens, Summers, Overbeck, Horak
NAYS:
Cunniff
ABSENT:
Troxell
13.
Place.
The purpose of this item is to consider a resolution authorizing the execution of a funding agreement
between the City of Fort Collins and Fort Collins Housing Authority (doing business as Housing
Catalyst) for a loan of funds from the Affordable Housing Capital Fund (specific fund within the
Community Capital Improvement Program) for the construction of Mason Place, a permanent
supportive housing development. The funding amount requested is $876,662, to assist with the
remaining funding gap prior to application for Low Income Housing Tax Credits which, along with
mortgage debt, will provide the majority of the funding needed for the project. The proposed agreement
will be subject to future appropriation by the City Council.
Jackie Kozak -Thiel, Chief Sustainability Director, stated this item is the first request to use this
fund for a direct subsidy, specifically to provide support for a permanent supportive housing
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May 15, 2018
development by Housing Catalyst. She noted Council received a recommendation from
Homeward 2020 in support of the request.
Beth Sowder, Social Sustainability Director, stated this item would authorize the execution of a
funding agreement with Housing Catalyst. This would be a loan from the affordable. housing
capital fund for the construction of Mason Place, a permanent supportive housing development.
The loan will allow the funding gap to be filled prior to the project applying for low-income tax
credits. Sowder discussed the ways in which this proposal meets the City's goals and objectives.
Mason Place will be similar to Redtail Ponds in both programming and design. The loan will be
provided over a 3-year period and is conditioned upon Housing Catalyst receiving the 2018 low-
income tax credit award. Staff and the Affordable Housing Board are recommending approval of
this item.
David Bye, Housing.Catalyst Board Chair, thanked the City for its support of affordable housing
and noted Redtail Ponds is an award -winning project.
Julie Brewen, Housing Catalyst Executive Director, discussed the importance, of permanent
supportive housing and thanked Council for its thoughtful consideration.
Councilmember Cunniff discussed the process for this item and stated a memo to the Council
Finance Committee should occur in the future. He discussed the importance of the project in the
community. -
Councilmember Stephens asked about the Community Development Block Grant (CDBG)
funding of the project. Sowder replied there were five applications, two of which were 100%
funded and two of which, including this project, were partially funded.
Councilmember Martinez asked if this project provides housing only for individuals with
disabilities. Ms. Brewen replied the HUD funding requires each resident to have a disability;
however, that definition is quite broad.
Councilmember Stephens made a motion, seconded by. Councilmember Overbeck, to adopt
Resolution 2018-052.
Councilmember Martinez expressed appreciation for this project.
Councilmember Stephens commended the Redtail Ponds project and stated she will be happy to
support this project.
Mayor Pro Tem Horak and Councilmember Cunniff expressed support for the project.
RESULT:
RESOLUTION 2018-052 ADOPTED [UNANIMOUS]
MOVER:
Kristin Stephens, District 4
SECONDER:
Bob Overbeck, District 1
AYES:
Martinez, Stephens, Summers, Overbeck, Cunniff, Horak
ABSENT:
Troxell
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May 15, 2018
• CONSIDERATION OF CITIZEN -PULLED CONSENT ITEMS
14. Second Reading of Ordinance No. 059, 2018, Appropriating Prior
Purpose of Providina Natural Areas Proarammina Not Included in
Capital Project Fund for the Whitewater Park Project. (Adopted on Second
This Ordinance, unanimously adopted on First Reading on May 1, 2018, appropriates $10,000,000 in
prior year reserves and unanticipated revenues in the Natural Areas Fund and to include a transfer
of $273,812 to the Capital Projects Fund for the Whitewater Park project. These appropriations
are for land conservation, restoration of wildlife habitat, a transfer of prior year reserves and
commitments to fund restoration of the Poudre River at the Whitewater Park, as well as other Natural
Area Department programs to benefit the citizens of Fort Collins.
Eric Sutherland stated one of the most heavily used trails in the city is in need of significant
maintenance. He stated trail maintenance should be prioritized over land acquisition. He opposed
the fact no specific parcel or parcels is identified for acquisition.
John Stokes, Natural Areas Director, stated every mile of trails is analyzed annually and the section
shown by Mr. Sutherland is characterized as being in poor condition; however, some users are not
opposed to its condition. The Foothills Management Plan will be updated beginning this year and
public outreach about all Foothills trails will occur. Additionally, there is planned maintenance on
a portion of that trail this summer.
Councilmember Summers asked if there is a budget plan for trail maintenance. Stokes replied in
the affirmative and stated this appropriation Will not affect that fund.
Councilmember Martinez made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 059, 2018, on Second Reading.
RESULT:
ORDINANCE' NO. 059, 2018, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER:
Ray Martinez, District 2
SECONDER:
Ross Cunniff, District 5
AYES:
Martinez, Stephens, Summers, Overbeck, Cunniff, Horak
ABSENT:
Troxell
15.
of
Appointment of Andy Smith to the Authority's Board of Commissioners. (Adopted on Second
Reading)
This Ordinance, unanimously adopted on First Reading on May 1, 2018, amends City Code (Code) to
provide for an expanded Urban Renewal Authority (URA) Board following the requirements of state
law associated with the creation of a new Urban Renewal Plan Area. More particularly, this item
amends the Code to provide for an expanded URA Board that includes a county appointment, school
district appointment, an appointment from among the special districts, and to restore the board to an
odd number, a mayoral appointment. Additionally, the Code will be amended to clarify that the county,
school district and special district appointees are not subject to the City's conflict of interest provisions,
but are subject to the conflict of interest provisions that govern URAs as per state law.
Eric Sutherland stated his lawsuit against the School District has been a tragedy for the community
and stated Council and School Board members know nothing about the issue. The URA
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May 15, 2018
appointments have never been made by the Mayor,.per Code, until this appointment and discussed
what he called a "mythical" trigger mechanism for enlarging the URA Board.
Councilmember Martinez requested City Attorney input regarding Mr. Sutherland's comments.
City Attorney Daggett replied she disagrees with Mr. Sutherland's interpretation and the language
is clear in that there are specific triggering mechanisms, including adoption of a new plan or
amendment of a plan, for enlarging the URA Board.
Councilmember Martinez asked if the Board needed to be appointed by the Mayor. City Attorney
Daggett replied the Code language will be changing as a new process is being adopted. She stated
Council is properly on the URA Board due to the City's practices; however, this Ordinance will
provide new language and a new process.
Councilmember' Cunniff made a motion, seconded by Councilmember Overbeck, to adopt
Ordinance No. 061, 2018, on Second Reading.
RESULT:
ORDINANCE NO. 061, 2018, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER:
Ross Cunniff, District 5
SECONDER:
Bob Overbeck, District 1
AYES:
Martinez, Stephens, Summers, Overbeck, Cunniff, Horak
ABSENT:
Troxell
16. Items Relating to the Downtown Development Authority Line of Credit Finance for 2019-2024.
(Adopted on First Reading)
A. Resolution 2018-046 Approving an Intergovernmental Agreement Between the City of Fort Collins
and the Fort Collins Downtown Development Authority Governing the Use of a Line of Credit.
B. First Reading of Ordinance No. 066, 2018, Authorizing the Establishment of a Revolving Line of
Credit to be Paid Solely with Downtown Development Authority Tax Increment Funds for a Six -
Year Period in the Amount of up to Five Million Dollars Per Draw to Finance Downtown
Development Authority Projects and Programs in Accordance with the Downtown Development
Authority Plan of Development and Approving Related Documents.
The purpose of this item is to renew the current Line of Credit (LOC) established in 2012 by the City
on behalf of the Downtown Development Authority (DDA); which is scheduled to expire at the end of
2018. The City and DDA began taking steps earlier this year to renew this debt instrument with First
National Bank for another six -year term, as it will be needed by the DDA to execute its projects and
programs beginning in budget year 2019.
The Board of Directors of the Downtown Development Authority believes it would be financially
beneficial for the DDA and the community as a whole to renew the Line of Credit with First National
Bank for a six -year period through adoption of Ordinance No. 066, 2018. The Line of Credit will be
used to finance DDA projects and programs. Adoption of Resolution 2018-046 will approve the Second
Intergovernmental Agreement (IGA), which provides the process steps by which the City and DDA
engage the LOC.
Matt Robenault, Downtown Development Authority Executive Director, stated this item requests
a renewal of a line of credit with First National Bank. The line of credit is used to satisfy the
statutory requirements for expenditure of tax increment and to generate proceeds to fund DDA
projects and programs. It is anticipated the line of credit will be used to fund $36 million in projects
during its 6-year term.
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May 15, 2018
Eric Sutherland stated the line of credit may satisfy statutory requirements but questioned whether
it satisfies constitutional proscriptions.
Councilmember Martinez asked if there are any constitutional issues with this item. City Attorney
Daggett replied Mr. Sutherland's constitutional issues relate to the use of TIF and how it relates to
school district funding. She stated this item does comply with the statute and it is appropriate to
use this DDA revenue stream.
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, to adopt
Resolution 2018-046.
Councilmember Cunniff thanked the Finance staff for its memo regarding the procurement and its
relation to the City's bid process.
RESULT:
RESOLUTION 2018-046ADOPTED [UNANIMOUS]
MOVER:
Ross Cunniff, District 5
SECONDER:
Bob Overbeck, District 1
AYES:
Martinez, Stephens, Summers, Overbeck, Cunniff, Horak ..
ABSENT:
Troxell
Councilmember Cunniff made a motion, seconded by Councilmember Martinez, to adopt
Ordinance No. 066, 2018, on First Reading.
Councilmember Martinez noted it is important for the public to hear both Mr. Sutherland's
arguments as well as the City Attorney's perspective.
RESULT:
ORDINANCE NO. 066, 2018, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER:
Ross Cunniff, District 5
SECONDER:
Ray Martinez, District 2
AYES:
Martinez, Stephens, Summers, Overbeck, Cunniff, Horak
ABSENT:
Troxell
• OTHER BUSINESS
Councilmember Cunniff made a motion, seconded by Councilmember Overbeck, that this meeting
be adjourned to 6 PM, Tuesday, May 22"d, 2018, for the purpose of considering a possible motion
to direct whether the City will join in the amicus brief prepared by a group of local government
entities in the Colorado Oil and Gas Conservation Commission versus Martinez case, and for such
other business as may come before the Council.
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Ross Cunniff, District 5
SECONDER:
Bob Overbeck, District 1
AYES:
Martinez, Stephens, Summers, Overbeck, Cunniff, Horak
ABSENT:
Troxell
City of Fort Collins Page 265
May 15, 2018
• ADJOURNMENT
The meeting adjourned at 9:42 PM.
Mayor PVTem
ATTEST:
CSE4L
ity rk
City of Fort Collins Page 266