HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/17/2020 - ITEMS RELATING TO A CITIZEN-INITIATED PETITION REL Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY November 17, 2020
City Council
STAFF
Delynn Coldiron, City Clerk
Ryan Malarky, Legal
SUBJECT
Items Relating to a Citizen-Initiated Petition Relating to the Hughes Stadium Property.
EXECUTIVE SUMMARY
THIS ITEM HAS BEEN REVISED.
1. Consideration of a motion to go into an Executive Session to discuss the Hughes Stadium Property
Initiative Petition.
“I move that the City Council go into executive session for the purpose of discussing with the City’s
attorneys and appropriate management staff the following matters under:
• City Charter Article Roman Numeral Two, Section 11(2),
• City Code Section 2-31(a)(2) and
• Colorado Revised Statutes Section 24-6-402(4)(b), the following:
A. Specific legal questions related to potential litigation regarding the Hughes Stadium property
and the manner in which the particular policies, practices or regulations of the City related to
the acquisition, development or regulation of the or local law, and
B. Specific legal questions related to potential litigation regarding the citizen initiative
related to the Hughes Stadium property and the manner in which the particular policies,
practices or regulations of the City related to that citizen initiative may be affected by existing
or proposed provisions of federal, state or local law.”
2. First Reading of Ordinance No. 144, 2020, Adopting a Citizen-Initiated Ordinance Regarding the
Rezoning and Acquisition of the Hughes Stadium Annexation Property. (Option 1)
OR
Resolution 2020-105 Submitting to the Electors of the City at the Next Regular Municipal Election on
April 6, 2021, a Citizen-initiated Ordinance Relating to the Hughes Stadium Property. (Option 2)
The purpose of this item, pursuant to the requirements of the City Charter when presented with an initiative
petition certified as sufficient by the City Clerk, is to either:
(1) adopt the proposed ordinance without alteration within 30 days; or
(2) submit the proposed measure to the registered electors of the City.
BACKGROUND / DISCUSSION
The City Clerk’s Office received an initiative petition on September 4, 2020, which the City Clerk has determined to
Agenda Item 13
Item # 13 Page 2
contain a sufficient number of signatures to place an initiated measure before the registered electors of the City at
the April 6, 2021, regular election. The petition met the requirement that it be signed by a number of registered
electors of the city equal to at least ten percent (10%) of the total ballots cast in the last regular City election, which
is 3,280. The City Clerk certified the petition as sufficient on November 5, 2020.
Upon certification, the City Clerk is required to present the certified petition to the Council at its next regularly
scheduled meeting. Pursuant to the City Charter, when the City Clerk presents an initiative petition as sufficient,
the Council must either:
(1) adopt the proposed ordinance without alteration within thirty (30) days (Option 1); or
(2) submit such proposed measure, in the form petitioned for, to the registered electors of the
City (Option 2).
Ordinance No. 144, 2020 is presented to Council without alteration for its consideration for adoption on first
reading. If the Council chooses not to adopt the Ordinance, Council must submit the proposed measure to the
voters at the next regular election, Resolution 2020-105 would submit the measure and establish the ballot
language.
The purpose of the initiated ordinance, as described in the petitioners’ General Statement of Purpose on the ballot,
is to require the Council to zone the Hughes Stadium property in the Public Open Lands zone district and to
require the City to use best efforts in good faith to acquire the Hughes Stadium Property at its fair market value for
the purpose of using it for parks, recreation and open lands, natural areas, and wildlife rescue and education. The
text of the proposed ordinance is as follows:
WHEREAS, the citizens of Fort Collins have shown strong support to preserve and provide
open space, natural areas, community separators, wildlife habitat, and trails for today and for
the future; and
WHEREAS, Fort Collins citizens currently enjoy their open spaces and natural areas; the
recreation they provide, such as walking, hiking, biking, wildlife viewing, bird watching, and
fishing; the educational opportunities and programs provided to people of all ages and
backgrounds; and the beautiful landscapes and views they provide; and
WHEREAS, open space, natural areas, wildlife habitat, community separators, agricultural
lands, and trails benefit all members of the Fort Collins community; and
WHEREAS, conserved open space and natural areas help make Fort Collins a highly
desirable place to live, work, and visit; and
WHEREAS, the City of Fort Collins values sustainability in policies, plans, strategies and
projects that align with its Triple Bottom Line decision-making philosophy of social, economic
and environmental well-being to meet its citizens’ present needs and the needs of future
generations without compromising the ecosystems upon which we all depend; and
WHEREAS, the citizens of Fort Collins have provided continuous funding for open space and
natural areas acquisition and maintenance since first voting for a capital improvement sales
tax in 1973 and approving extensions or new revenue sources in every election such a
question has appeared on the ballot; and
WHEREAS, Fort Collins has conserved over 40,000 acres of open space and natural areas
since 1973; and
WHEREAS, the property formerly home to the Colorado State University’s Hughes Stadium is
a currently undeveloped 164.56-acre parcel of land that was recently annexed into the city of
Fort Collins; and
Agenda Item 13
Item # 13 Page 3
WHEREAS, the City of Fort Collins has many distinct zoning districts in its land use code; and
WHEREAS, one zoning classification in the Fort Collins land use code is “Public Open Lands,”
which currently allows for parks, recreation and open lands, and wildlife rescue and education
centers, subject to administrative or Planning and Zoning Board review; and
WHEREAS, the Hughes Stadium property is currently zoned as Transition District (T) pursuant
to Division 4.12 of its land use code, which is intended for properties for which there are no
specific and immediate plans for development; and
WHEREAS, the Hughes Stadium property occupies an area in between the current Maxwell
Natural Area and Pineridge Natural Area; and
WHEREAS, the acquisition of the Hughes Stadium Property and conversion into a public open
lands area would build upon the City’s significant history of preserving open spaces and would
provide an invaluable social, economic, and environmental resource for current and future
generations of Fort Collins residents; and
WHEREAS, the Hughes Stadium property would represent a crown jewel acquisition for Fort
Collins open space; and
WHEREAS, absent acquisition and conservation efforts under this ordinance, the Hughes
Stadium property would forever be lost to residential and/or commercial development; and
WHEREAS, the acquisition of the Hughes Stadium property by the City of Fort Collins should
occur using existing voter-approved open space sales tax revenue and other funds currently
available to the City, financing agreements, grants, partnerships with other local governments,
or other available fiscally responsible mechanisms; and
WHEREAS, publicly available information indicates Colorado State University values the
Hughes Stadium property at $10 million, and the City should use that figure as a starting point
in its negotiations to acquire the property at its fair market value; and
WHEREAS, the rezoning of the Hughes Stadium property into the Public Open Lands (P-O-L)
zoning district pursuant to Article 1, Division 1.3 and Article 4, Division 4.13 of the land use
code would be necessary to convert the property into an area for parks, recreation and open
lands, and wildlife rescue and education.
NOW THEREFORE, BE IT ORDAINED AS FOLLOWS:
Section 1. That the City hereby makes and adopts the determinations and findings contained
in the recitals set forth above.
Section 2. That the City shall acquire the Hughes Stadium property, a 164.56-acre parcel of
land legally described in Section 3 of Fort Collins Ordinance No. 123 (2018) (“Annexing the
Property Known as the Hughes Stadium Property Annexation to the City of Fort Collins,
Colorado”) at its fair market value for the purpose of using it for parks, recreation and open
lands, natural areas, and wildlife rescue and education.
Section 3. That notwithstanding any contrary designation in the April 2019 City Plan or any
action taken by the Council subsequent to its annexation of the Hughes Stadium property but
before the passage of this Ordinance, the City shall rezone the Hughes Stadium property as
Public Open Lands (P-O-L) zoning district pursuant to Division 4.13 of the City of Fort Collins
land use code immediately upon passage of this Ordinance.
Agenda Item 13
Item # 13 Page 4
Section 4. That the City shall not de-annex, cease acquisition efforts, or subsequently rezone
the Hughes Stadium property to any designation other than Public Open Lands without voter
approval of a separate initiative referred to the voters by City Council.
Section 5. That to acquire the Hughes Stadium property, the City shall seek funding from
existing sources or future partnerships, including but not limited to the Fort Collins Open
Space Yes! sales tax fund, Certificates of Participation, the City’s general fund, Great
Outdoors Colorado and other third party organizations providing open space or other types of
recreational or land conservation grants, and/or partnerships with other entities such as
Larimer County.
Section 6. That the City Council may refer ballot measures to the voters for the purpose of
seeking additional funding only if existing sources of funding or future partnerships are
insufficient for the preservation of the Hughes Stadium property as described in this
Ordinance.
Section 7. That the City shall expeditiously, but no later than two years from the passage of
this Ordinance, use best efforts in good faith to acquire the Hughes Stadium property utilizing
the financial mechanisms described in Sections 5 and 6.
Section 8. That this Ordinance shall take effect immediately upon passage by the majority of
the voters of Fort Collins during the first available regular city election, and any registered
voter in Fort Collins has legal standing to petition for injunctive and/or declaratory relief related
to City noncompliance with the provisions of this Ordinance.
Resolution 2020-105 also adopts the ballot title and submission clause for the measure. Under Article X, Section
6(b) of the City Charter, the ballot title shall contain information identifying the measure as a city-initiated or citizen-
initiated measure. The submission clause shall be brief, shall not conflict with the submission clause for any
petition previously filed for the same election, and shall unambiguously state the principle of the provision. Both
the title and submission clause are printed on the ballot, along with the words “Yes/For” and “No/Against”.
Under Section 7-156 of the City Code, any registered elector desiring to protest a proposed ballot title or
submission clause for any initiated measure must file such a protest with the City Clerk, using a protest form
available from the City Clerk, no later than noon on the Monday, November 16. If a protest is filed, a hearing on
the protest is added to the agenda item and must take place before the Council adopts the Resolution setting the
ballot title and submission clause.
A protest was filed on Monday, November 16, 2020 by one of the petition representatives, Kathryn Dubiel. The
protest requested a change in the way the information was presented in the ballot language. Staff was agreeable
to making the requested changes and the Resolution changed accordingly. The protest has since been withdrawn.
An update provided to Council at the October 13 Work Session has been included for reference. (Attachment 3)
CITY FINANCIAL IMPACTS
The cost to add an item to the April 2021 ballot is negligible.
ATTACHMENTS
1. Certification of Sufficient Petition (PDF)
2. Public Comments Received through November 12 (PDF)
3. Update to Council - October 13, 2020 (PDF)
4. Powerpoint Presentation (PDF)
ATTACHMENT 1
From:Melanie Clark
To:Delynn Coldiron
Subject:FW: [EXTERNAL] Hughes Stadium comments for Nov. 17th 2020 City Council meeting
Date:Tuesday, November 10, 2020 2:18:23 PM
Attachments:image001.png
Hi Delynn,
I believe I am supposed to forward all emails regarding Hughes to you. Is that correct?
. . . . . . . . . . . . . . . . . . . . . .
Melanie Clark
Executive Administrative Assistant
City Manager’s Office
970-416-4312
COVID19 Resources
For all residents: https://www.fcgov.com/eps/coronavirus
For businesses: https://www.fcgov.com/business/
Want to help: https://www.fcgov.com/volunteer/
From: fitz <beckafitz@earthlink.net>
Sent: Tuesday, November 10, 2020 11:15 AM
To: City Leaders <CityLeaders@fcgov.com>
Cc: Kathryn Dubiel <k.i.dubiel@hotmail.com>; bheffington@me.com
Subject: [EXTERNAL] Hughes Stadium comments for Nov. 17th 2020 City Council meeting
Please consider my comments in your discussion regarding Hughes Stadium Open Space acquisition.
The city of Fort Collins should purchase at fair market value the Hughes Stadium area from CSU as an
open space area. The land where Hughes stadium stood for years is a place of good spirit that deserves
to be preserved. It's fun to play Frisbee Golf or ride my mountain bike through the area and remember
happy people gathered for football games. All the while enjoying this now beautiful open space.
If this becomes another 600+ development of homes, Hughes open space is gone forever to us and our
future generations. The resulting noise, traffic and lighting will harm the environment of the foothills.
CSU owns other areas of land on the eastern side of Fort Collins that would allow for a housing
development without such a negative impact. Don't they still hold land on East Drake and on the Frontage
road along the interstate?
Please save this wonderful open space for its esthetic and recreational value.
Sincerely
Becka Fitzgerald (Fort Collins resident since 1975)
From:Kevin Krause
To:City Leaders
Subject:[EXTERNAL] Next steps with former Hughes site based on ballot initiative
Date:Wednesday, November 11, 2020 8:30:22 PM
City leaders - With the context that I don't claim to have full background on all aspects of this
topic, I wanted to reach out to express my interest in the city pursuing the former Hughes site
as a key open space opportunity. Particularly, in the context of the recent signature gathering
effort which, as I understand, will give citizens a more direct voice on the matter in the next
election cycle.
I sincerely hope with the recognition of the great citizen interest and initiative taken. that there
is a great desire for this additional close to-the-population-centers "in nature" opportunity.
Frankly, a need based on the increase in the use of outdoor facilities. This is especially
pertinent for this site in the case of the adjoining properties and the greater picture of the
foothills area.
If you can take advantage of your roles and available tools, perhaps something can be done in
a more timely fashion, based on the clear signals received from citizens. Perhaps in
conjunction with the county, there is a way to make this a reality and satisfy the funding
requirements.
Appreciate your efforts.
Best,
Kevin Krause
813 E Elizabeth St.
From:Megan Dyer
To:City Leaders
Subject:[EXTERNAL] What to do
Date:Thursday, November 12, 2020 11:06:54 AM
Hey Everyone!
If there truly is a possibility of the city purchasing the Hughes property I am asking
that you represent me in the affirmative to do it. I am unclear how this could all play
out considering the property is owned by CSU. But, yes, please vote in favor of the
purchasing it.
If this goes through and is successful I'd like to be part of the planning process for
things like signage, etc.My home backs up to the property on the north side and any
change will be impactful.
Thank you,
Megan Dyer
From:Nancy Baker
To:City Leaders
Subject:[EXTERNAL] HUGHES STADIUM AS OPEN SPACE!!!!
Date:Wednesday, November 11, 2020 8:25:59 AM
Hello...I am a woman of few words..I leave the more eloquent, insightful authors to elaborate
on the importance of keeping Hughes Stadium grounds as Open Space. I signed petition and
spread the word as much as possible.
I am now addressing the City Leaders..short..but passionate...USE HUGHES STADIUM
GROUNDS AS OPEN SPACE.
Thank you
Nancy Baker
From:Nancy Sherrill
To:City Leaders
Subject:[EXTERNAL] Hughes Stadium Open space
Date:Tuesday, November 10, 2020 9:44:59 PM
Dear Council Members and Mayor
Please let the voters have a chance to decide the issue of the city purchasing the Hughes
Stadium area for Open Space. This land is such a valuable asset to our city, so many of us
would like to opportunity to purchase it from CSU. Please do not make this decision without
voter input.
Thank you for your consideration.
Kindly,
Nancy Sherrill
--
Nancy Sherrill, RDH MSDH
From:Priya Prince
To:City Leaders
Subject:[EXTERNAL] Please keep Hughes Open Space Open!!
Date:Wednesday, November 11, 2020 9:22:08 AM
Thanks for all your hard work!
Sent from my iPhone
From:Simmons
To:City Leaders
Subject:[EXTERNAL] [WARNING: SUSPECTED SPAM] Hughes Open Space
Date:Wednesday, November 11, 2020 1:33:43 PM
Dear City Leaders,
I am writing to ask you to approve the purchase of the Hughes Stadium land by the City of Fort Collins and
designate it as an Open Space.
I am a citizen of Fort Collins, I am paying attention and I vote.
thank you,
Dr. Ronda Simmons
From:Wasson, Sarah A
To:City Leaders
Subject:[EXTERNAL] Hughes please save as an open space
Date:Wednesday, November 11, 2020 5:43:43 AM
What a year – racial inequity, pandemic, election, and economic challenges. And what a
beacon of light Hughes could be if maintained as an open space. Please consider how
important Hughes Open Space is to our neighbors and to the City. Hughes is ‘one of a
kind’… and once developed, we will never get it back. I realize the future of Hughes is a
difficult decision with many aspects, please keep Fort Collins quality of life as part of the
equation.
Thank you for all you do for our city,
Sarah Wasson
From:Tgarns
To:City Leaders
Subject:[EXTERNAL] Hughes Stadium Land
Date:Wednesday, November 11, 2020 3:41:00 PM
Dear Council Leaders:
I am writing to ask that you support putting the Hughs area on the ballot so the people of this fine city have a say in
any development of the property. It is a beautiful area and should be kept as open space or a park. Once it is filled
with buildings, it will be gone forever.
I have been here in Fort Collins since 1987. There were corn fields, cows and horses, open space and fresh air.
Now all I see and hear is traffic. At a minimum, protect our lovely foothills. There are some things far more
important than money!
Regards,
Tammara Garner
Sent from my iPad
From:terry henderson
To:City Leaders
Subject:[EXTERNAL] Save Hughes Stadium open space
Date:Tuesday, November 10, 2020 10:32:18 PM
Sent from my iPhone
Mike Beckstead –Financial Advisor
Hughes Stadium
ATTACHMENT 3
Fort Collins Conceptual Proposal
CSU Retains 15 Ac res:
Ø Builds approximately 170 affordable housing units for CSU staff & faculty
Ø Partners to build child-care and medical facility
Fort Collins Purchases Remaining 150 acres
Ø Builds or partners to build community affordable housing units –units TBD
Ø Establishes Transit connection
Ø Remaining acres as open space
2
CSU / Lennar Land Transaction
3
•To tal Price reflects base price -excludes potential
incentive income CSU can earn from Lennar
•Price included value of the water/wastewater credit
associated with redevelopment
•49 acres are undevelopable
•Price per acre on the high side
Lennar
Details
Total Pric e 10,000,000$
Water & WW value 3,647,000$
Total acres 165
Ac res developa ble 116
Ac res unde velopa bl e 49
water as % price 36%
Price per acre
Total Ac quisitio n 60,606$
Ac quisitio n w/o water 38,503$
unde velo pa ble 10,000$
de velopa ble w water 81,983$
de velopa ble w/o water 50,543$
Fort Collins Proposal Value
4
Lennar CSU Retains City Proposal
Details
Total Price 10,000,000$ 758,147$ 6,550,000$
Water & WW value 3,647,000$ 1,350,000$ 2,297,000$
Total acres 165 15 150
Ac res developa ble 116 15 101
Ac res undevelopa ble 49 49
water as % price 36%35%
Price per acre
Total Acquisition 60,606$
Ac quisition w/o water 38,503$
undevelopa ble 10,000$ 10,000$
develo pa ble w water 81,983$ 60,000$
develo pa ble w/o water 50,543$ 50,543$
•CSU 15 acres valued at $50.5k per acre
•CSU retains water/wastewater credits
needed to build affordable housing,
child-care & medical facilities
•To tal value retained by CSU $2.1M
•City purchases remaining at $10k and
$60k for undevelopable and developable
acres respectively
Fort Collins Proposal Comparison
5
Proposal to CSU
CSU value reta ined 2,108,147$
City Proposal 6,550,000
City I nc entive 600,000
Total Proposal with Incentiv es 9,258,147$
% of Lennar Proposal 93%
City proposal including value retained by CSU equals
93% of Lennar base price
November 17, 2020
Citizen Initiative –Hughes Stadium Property
Delynn Coldiron, City Clerk; Rita Knoll, Chief Deputy City Clerk
Carrie Daggett, City Attorney
ATTACHMENT 4
Hughes Stadium Petition
2
•September 4, 2020 –Form of Initiative Petition approved for
circulation.
•November 3, 2020 –Deadline to file petition.
•Returned on November 2.
•November 5, 2020 –Petition certified as sufficient.
Present Petition –Council Choices
•Option 1:
•Adopt the proposed ordinance without alteration within 30 days.
•Option 2:
•Submit the proposed measure to the registered electors of the City.
•Must be submitted in the form petitioned for.
3
Ordinance
•Ordinance 145-2020
•Would adopt the citizen-initiated ordinance regarding the rezoning
and acquisition of the Hughes Stadium Annexation Property without
alteration.
•Council can adopt or consider Resolution 2020-105 which would
submit the measure and establish the ballot language.
4
Resolution
•Resolution 2020-105
•Adopts the ballot title and submission clause of the measure.
•Submits the citizen-initiated ordinance regarding the rezoning and
acquisition of the Hughes Stadium Annexation Property to a vote of
the registered electors.
•April 6, 2021 election.
5
Proposed Ballot Language
PROPOSED CITIZEN-INITIATED ORDINANCE
An ordinance requiring the City of Fort Collins to make best efforts in good faith to purchase
for fair market value a 164.56-acre parcel of real property formerly home to the Hughes
Stadium expeditiously but no later than two years from the passage of this Ordinance,to use
said property for parks,recreation,and open lands,natural areas,and wildlife rescue and
restoration,and to rezone said property from Tr ansition District to Public Open Lands
immediately upon the passage of this ordinance,and further prohibiting the City from de-
annexing,ceasing acquisition efforts or subsequently rezoning the property without voter
approval of a separate initiative referred to the voters by City Council,and granting legal
standing to any registered elector in the City to seek injunctive and/or declaratory relief in the
courts related to City noncompliance with said ordinance.
________ For the Ordinance
________ Against the Ordinance
6
Protests
7
•City Code allows any registered elector to protest a ballot title or
submission clause.
•Protest Deadline: Monday, November 16, 2020 (by noon).
•If any are received, a public hearing will be added to the agenda
and must take place before Council can adopt the Resolution.
-1-
[THIS IS THE INITIATED LANGUAGE, AND CANNOT BE ALTERED IN ANY WAY]
OPTION 1
ORDINANCE NO. 144, 2020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING A CITIZEN-INITIATED ORDINANCE REGARDING THE REZONING AND
ACQUISITION OF THE HUGHES STADIUM ANNEXATION PROPERTY
WHEREAS, the citizens of Fort Collins have shown strong support to preserve and provide open
space, natural areas, community separators, wildlife habitat, and trails for today and for the
future; and
WHEREAS, Fort Collins citizens currently enjoy their open spaces and natural areas; the
recreation they provide, such as walking, hiking, biking, wildlife viewing, bird watching, and
fishing; the educational opportunities and programs provided to people of all ages and
backgrounds; and the beautiful landscapes and views they provide; and
WHEREAS, open space, natural areas, wildlife habitat, community separators, agricultural lands,
and trails benefit all members of the Fort Collins community; and
WHEREAS, conserved open space and natural areas help make Fort Collins a highly desirable
place to live, work, and visit; and
WHEREAS, the City of Fort Collins values sustainability in policies, plans, strategies and
projects that align with its Triple Bottom Line decision-making philosophy of social, economic
and environmental well-being to meet its citizens’ present needs and the needs of future
generations without compromising the ecosystems upon which we all depend; and
WHEREAS, the citizens of Fort Collins have provided continuous funding for open space and
natural areas acquisition and maintenance since first voting for a capital improvement sales tax in
1973 and approving extensions or new revenue sources in every election such a question has
appeared on the ballot; and
WHEREAS, Fort Collins has conserved over 40,000 acres of open space and natural areas since
1973; and
WHEREAS, the property formerly home to the Colorado State University’s Hughes Stadium is a
currently undeveloped 164.56-acre parcel of land that was recently annexed into the city of Fort
Collins; and
WHEREAS, the City of Fort Collins has many distinct zoning districts in its land use code; and
WHEREAS, one zoning classification in the Fort Collins land use code is “Public Open Lands,”
which currently allows for parks, recreation and open lands, and wildlife rescue and education
centers, subject to administrative or Planning and Zoning Board review; and
-2-
WHEREAS, the Hughes Stadium property is currently zoned as Transition District (T) pursuant
to Division 4.12 of its land use code, which is intended for properties for which there are no
specific and immediate plans for development; and
WHEREAS, the Hughes Stadium property occupies an area in between the current Maxwell
Natural Area and Pineridge Natural Area; and
WHEREAS, the acquisition of the Hughes Stadium Property and conversion into a public open
lands area would build upon the City’s significant history of preserving open spaces and would
provide an invaluable social, economic, and environmental resource for current and future
generations of Fort Collins residents; and
WHEREAS, the Hughes Stadium property would represent a crown jewel acquisition for Fort
Collins open space; and
WHEREAS, absent acquisition and conservation efforts under this ordinance, the Hughes
Stadium property would forever be lost to residential and/or commercial development; and
WHEREAS, the acquisition of the Hughes Stadium property by the City of Fort Collins should
occur using existing voter-approved open space sales tax revenue and other funds currently
available to the City, financing agreements, grants, partnerships with other local governments, or
other available fiscally responsible mechanisms; and
WHEREAS, publicly available information indicates Colorado State University values the
Hughes Stadium property at $10 million, and the City should use that figure as a starting point in
its negotiations to acquire the property at its fair market value; and
WHEREAS, the rezoning of the Hughes Stadium property into the Public Open Lands (P-O-L)
zoning district pursuant to Article 1, Division 1.3 and Article 4, Division 4.13 of the land use
code would be necessary to convert the property into an area for parks, recreation and open
lands, and wildlife rescue and education.
NOW THEREFORE, BE IT ORDAINED AS FOLLOWS:
Section 1. That the City hereby makes and adopts the determinations and findings contained in
the recitals set forth above.
Section 2. That the City shall acquire the Hughes Stadium property, a 164.56-acre parcel of land
legally described in Section 3 of Fort Collins Ordinance No. 123 (2018) (“Annexing the Property
Known as the Hughes Stadium Property Annexation to the City of Fort Collins, Colorado”) at its
fair market value for the purpose of using it for parks, recreation and open lands, natural areas,
and wildlife rescue and education.
Section 3. That notwithstanding any contrary designation in the April 2019 City Plan or any
action taken by the Council subsequent to its annexation of the Hughes Stadium property but
-3-
before the passage of this Ordinance, the City shall rezone the Hughes Stadium property as
Public Open Lands (P-O-L) zoning district pursuant to Division 4.13 of the City of Fort Collins
land use code immediately upon passage of this Ordinance.
Section 4. That the City shall not de-annex, cease acquisition efforts, or subsequently rezone the
Hughes Stadium property to any designation other than Public Open Lands without voter
approval of a separate initiative referred to the voters by City Council.
Section 5. That to acquire the Hughes Stadium property, the City shall seek funding from
existing sources or future partnerships, including but not limited to the Fort Collins Open Space
Yes! sales tax fund, Certificates of Participation, the City’s general fund, Great Outdoors
Colorado and other third party organizations providing open space or other types of recreational
or land conservation grants, and/or partnerships with other entities such as Larimer County.
Section 6. That the City Council may refer ballot measures to the voters for the purpose of
seeking additional funding only if existing sources of funding or future partnerships are
insufficient for the preservation of the Hughes Stadium property as described in this Ordinance.
Section 7. That the City shall expeditiously, but no later than two years from the passage of this
Ordinance, use best efforts in good faith to acquire the Hughes Stadium property utilizing the
financial mechanisms described in Sections 5 and 6.
Section 8. That this Ordinance shall take effect immediately upon passage by the majority of the
voters of Fort Collins during the first available regular city election, and any registered voter in
Fort Collins has legal standing to petition for injunctive and/or declaratory relief related to City
noncompliance with the provisions of this Ordinance.
Introduced, considered favorably on first reading, and ordered published this 17th day of
November, A.D. 2020 and to be presented for final passage on the 1st day of December, A.D.
2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 1st day of December, A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
-1-
THIS RESOLUTION HAS BEEN REVISED TO AMEND THE PROPOSED CITIZEN-INITIATED
ORDINANCE.
OPTION 2
RESOLUTION 2020-105
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SUBMITTING A CITIZEN-INITIATED ORDINANCE RELATING TO THE HUGHES
STADIUM PROPERTY TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY AT
THE REGULAR MUNICIPAL ELECTION ON APRIL 6, 2021
WHEREAS, under Article X, Section 1 of the City Charter, the registered electors of the
City have the power to propose a measure to the City Council, and if the City Council fails to
adopt a measure so proposed, then to adopt or reject such ordinance or resolution at the polls;
and
WHEREAS, an initiative petition relating to the purchase by the City, zoning, and use of
the property known as the Hughes Stadium property has been submitted to the City, and the City
Clerk has certified said petition as sufficient for submission of the initiated ordinance to a vote of
the people at the next regular City election on April 6, 2021; and
WHEREAS, the City Clerk has presented said petition to the City Council as provided in
Article X, Section 5(f)(4) of the City Charter; and
WHEREAS, under Article X, Section 1(e) of the City Charter, upon presentation of an
initiative petition certified as to sufficiency by the City Clerk, the City Council must either adopt
the citizen-initiated ordinance without alteration within thirty (30) days or submit said citizen-
initiated ordinance, in the form petitioned for, to the registered electors of the City; and
WHEREAS, under Article X, Section 6 of the City Charter, upon ordering an election on
any initiative or referendum measure, the Council shall, after public hearing, adopt by resolution
a ballot title and submission clause for the measure; and
WHEREAS, the ballot title for the measure must identify the measure as either a city-
initiated or citizen-initiated measure; and
WHEREAS the submission clause must be brief, must not conflict with those selected for
any petition previously filed for the same election, and must unambiguously state the principle of
the provision sought to be added.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That there is hereby submitted to the registered electors of the City at the
next regular City election to be held on Tuesday, April 6, 2020, the following proposed citizen-
initiated ordinance:
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[THIS IS THE EXACT LANGUAGE OF THE INITIATED ORDINANCE AND
CANNOT BE CHANGED IN ANY WAY]
WHEREAS, the citizens of Fort Collins have shown strong support to preserve and
provide open space, natural areas, community separators, wildlife habitat, and trails for
today and for the future; and
WHEREAS, Fort Collins citizens currently enjoy their open spaces and natural areas; the
recreation they provide, such as walking, hiking, biking, wildlife viewing, bird watching,
and fishing; the educational opportunities and programs provided to people of all ages
and backgrounds; and the beautiful landscapes and views they provide; and
WHEREAS, open space, natural areas, wildlife habitat, community separators,
agricultural lands, and trails benefit all members of the Fort Collins community; and
WHEREAS, conserved open space and natural areas help make Fort Collins a highly
desirable place to live, work, and visit; and
WHEREAS, the City of Fort Collins values sustainability in policies, plans, strategies
and projects that align with its Triple Bottom Line decision-making philosophy of social,
economic and environmental well-being to meet its citizens’ present needs and the needs
of future generations without compromising the ecosystems upon which we all depend;
and
WHEREAS, the citizens of Fort Collins have provided continuous funding for open
space and natural areas acquisition and maintenance since first voting for a capital
improvement sales tax in 1973 and approving extensions or new revenue sources in every
election such a question has appeared on the ballot; and
WHEREAS, Fort Collins has conserved over 40,000 acres of open space and natural
areas since 1973; and
WHEREAS, the property formerly home to the Colorado State University’s Hughes
Stadium is a currently undeveloped 164.56-acre parcel of land that was recently annexed
into the city of Fort Collins; and
WHEREAS, the City of Fort Collins has many distinct zoning districts in its land use
code; and
WHEREAS, one zoning classification in the Fort Collins land use code is “Public Open
Lands,” which currently allows for parks, recreation and open lands, and wildlife rescue
and education centers, subject to administrative or Planning and Zoning Board review;
and
WHEREAS, the Hughes Stadium property is currently zoned as Transition District (T)
pursuant to Division 4.12 of its land use code, which is intended for properties for which
there are no specific and immediate plans for development; and
WHEREAS, the Hughes Stadium property occupies an area in between the current
Maxwell Natural Area and Pineridge Natural Area; and
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WHEREAS, the acquisition of the Hughes Stadium Property and conversion into a public
open lands area would build upon the City’s significant history of preserving open spaces
and would provide an invaluable social, economic, and environmental resource for
current and future generations of Fort Collins residents; and
WHEREAS, the Hughes Stadium property would represent a crown jewel acquisition for
Fort Collins open space; and
WHEREAS, absent acquisition and conservation efforts under this ordinance, the Hughes
Stadium property would forever be lost to residential and/or commercial development;
and
WHEREAS, the acquisition of the Hughes Stadium property by the City of Fort Collins
should occur using existing voter-approved open space sales tax revenue and other funds
currently available to the City, financing agreements, grants, partnerships with other local
governments, or other available fiscally responsible mechanisms; and
WHEREAS, publicly available information indicates Colorado State University values
the Hughes Stadium property at $10 million, and the City should use that figure as a
starting point in its negotiations to acquire the property at its fair market value; and
WHEREAS, the rezoning of the Hughes Stadium property into the Public Open Lands
(P-O-L) zoning district pursuant to Article 1, Division 1.3 and Article 4, Division 4.13 of
the land use code would be necessary to convert the property into an area for parks,
recreation and open lands, and wildlife rescue and education.
NOW THEREFORE, BE IT ORDAINED AS FOLLOWS:
Section 1. That the City hereby makes and adopts the determinations and findings
contained in the recitals set forth above.
Section 2. That the City shall acquire the Hughes Stadium property, a 164.56-acre parcel
of land legally described in Section 3 of Fort Collins Ordinance No. 123 (2018)
(“Annexing the Property Known as the Hughes Stadium Property Annexation to the City
of Fort Collins, Colorado”) at its fair market value for the purpose of using it for parks,
recreation and open lands, natural areas, and wildlife rescue and education.
Section 3. That notwithstanding any contrary designation in the April 2019 City Plan or
any action taken by the Council subsequent to its annexation of the Hughes Stadium
property but before the passage of this Ordinance, the City shall rezone the Hughes
Stadium property as Public Open Lands (P-O-L) zoning district pursuant to Division 4.13
of the City of Fort Collins land use code immediately upon passage of this Ordinance.
Section 4. That the City shall not de-annex, cease acquisition efforts, or subsequently
rezone the Hughes Stadium property to any designation other than Public Open Lands
without voter approval of a separate initiative referred to the voters by City Council.
Section 5. That to acquire the Hughes Stadium property, the City shall seek funding from
existing sources or future partnerships, including but not limited to the Fort Collins Open
Space Yes! sales tax fund, Certificates of Participation, the City’s general fund, Great
Outdoors Colorado and other third party organizations providing open space or other
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types of recreational or land conservation grants, and/or partnerships with other entities
such as Larimer County.
Section 6. That the City Council may refer ballot measures to the voters for the purpose
of seeking additional funding only if existing sources of funding or future partnerships
are insufficient for the preservation of the Hughes Stadium property as described in this
Ordinance.
Section 7. That the City shall expeditiously, but no later than two years from the passage
of this Ordinance, use best efforts in good faith to acquire the Hughes Stadium property
utilizing the financial mechanisms described in Sections 5 and 6.
Section 8. That this Ordinance shall take effect immediately upon passage by the
majority of the voters of Fort Collins during the first available regular city election, and
any registered voter in Fort Collins has legal standing to petition for injunctive and/or
declaratory relief related to City noncompliance with the provisions of this Ordinance.
Section 2. That the foregoing proposed citizen-initiated ordinance is hereby
submitted to the registered electors of the City at said regular City election in substantially the
following form:
PROPOSED CITIZEN-INITIATED ORDINANCE
An ordinance requiring the City of Fort Collins to immediately rezone upon
passage a 164.56-acre parcel of real property formerly home to the Hughes
Stadium from Transition District to Public Open Lands, and make best efforts in
good faith to purchase for fair market value said property expeditiously but no
later than two years from the passage of this ordinance, to use said property for
parks, recreation, and open lands, natural areas, and wildlife rescue and
restoration, and further prohibiting the City from de-annexing, ceasing acquisition
efforts or subsequently rezoning the property without voter approval of a separate
initiative referred to the voters by City Council, and granting legal standing to any
registered elector in the City to seek injunctive and/or declaratory relief in the
courts related to City noncompliance with said ordinance.
FOR THE ORDINANCE _____
AGAINST THE ORDINANCE _____
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
17th day of November, A.D. 2020.
__________________________________
Mayor
ATTEST:
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____________________________
City Clerk