HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/07/2013 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE MDATE: May 7, 2013
STAFF: Wanda Nelson
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 6
SUBJECT
Consideration and Approval of the Minutes of the April 2 and 16, 2013 Regular Meetings, the April 9, 2013 Special
Meeting and the March 26, 27 and April 23, 2013 Adjourned Meetings.
April 2, 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, April 2, 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, Kottwitz, Manvel, Ohlson, Poppaw, Troxell and Weitkunat.
Staff Members Present: Atteberry, Nelson, Roy.
Agenda Review
City Manager Atteberry stated there were no changes to the agenda.
Citizen Participation
Mel Hilgenberg, 172 North College, reported on upcoming community events and commended
outgoing Councilmembers. He supported term limit changes and requested additional consideration
of the proposed on-campus stadium by the new Council.
Eric Sutherland, 3520 Golden Currant, discussed the concept of home rule for municipalities.
James Owiny, Human Relations Commission, extended an invitation to an event on May 2.
Glen Colton, 625 Hinsdale Drive, discussed the contrast between the Be Local program closing its
office and the proposed economic incentive packages for Woodward and other multi-national
companies.
Richard Thomas, 1907 Wallenberg Drive, opposed the City’s ex parte regulations.
Anita Rehner, 520 Sycamore Street, Diana Hammerdorfer, 227 Scott Avenue, and Chris Maldonado,
412 North Whitcomb, thanked Council for responding to concerns of Old Town property owners
by adopting Ordinance No. 033, 2013.
Ordinances on Second Reading were read by title by City Clerk Nelson.
8. Items Relating to an Agreement Between the City of Fort Collins, the Fort Collins
Downtown Development Authority, and Woodward, Inc. Relating to the Relocation and
Construction of the Company’s Headquarters and Expanding its Manufacturing and Office
Facilities.
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April 2, 2013
A. Second Reading of Ordinance No. 055, 2013, Authorizing and Approving the
Execution and Delivery by the City of an Agreement with Woodward, Inc., and
Related Documents, Including Authorizing the Issuance of a Bond, in Connection
with an Economic Development Project Relating to Woodward, Inc.; and Providing
Other Matters Related Thereto.
B. Second Reading of Ordinance No. 056, 2013, Appropriating General Fund Reserves
to Fund a Reimbursement Reserve Fund in Connection with an Agreement Between
the City, Downtown Development Authority and Woodward, Inc., Regarding the
Link-n-greens Development.
9. Second Reading of Ordinance No. 044, 2013, Authorizing the Conveyance to Woodward,
Inc. of Two Non-Exclusive Permanent Drainage Easements and a Temporary Construction
Easement on City-Owned Property.
Items Relating to an Agreement Between the City of Fort Collins, the Fort Collins
Downtown Development Authority, and Woodward, Inc. Relating to the Relocation
and Construction of the Company’s Headquarters and Expanding its
Manufacturing and Office Facilities, Adopted on Second Reading
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 055, 2013, Authorizing and Approving the Execution and
Delivery by the City of an Agreement with Woodward, Inc., and Related Documents,
Including Authorizing the Issuance of a Bond, in Connection with an Economic Development
Project Relating to Woodward, Inc.; and Providing Other Matters Related Thereto.
B. Second Reading of Ordinance No. 056, 2013, Appropriating General Fund Reserves to Fund
a Reimbursement Reserve Fund in Connection with an Agreement Between the City,
Downtown Development Authority and Woodward, Inc., Regarding the Link-n-greens
Development.
These Ordinances relate to providing business investment assistance to Woodward, Inc. to
encourage the relocation and construction of the company’s headquarters and expanding its
manufacturing facilities in Fort Collins. The project will retain or create between 1,400 and 1,700
primary jobs in the community, provide 31 acres of improved open space along the river (including
habitat restoration), and anchor the southeastern edge of the River District with a major employer.
The two items include:
A. An Agreement between the City, Downtown Development Authority, and Woodward, Inc.;
and
B. An appropriation of $2.27 million in General Fund Reserves in connection with the
Agreement with Woodward, Inc.
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April 2, 2013
Ordinance No. 055, 2013 was adopted on First Reading on March 26, 2013, by a vote of 6-1 (Nays:
Ohlson). This Ordinance has been amended on Second Reading to remove a “Whereas clause” in
response to Council comments on First Reading. Ordinance No. 056, 2013 was unanimously
adopted on First Reading.
BACKGROUND / DISCUSSION
During the First Reading of these Ordinances, City Council asked for follow-up on four items. These
items include:
• An explanation of the $4.0 million in net benefits listed in Year 1 from the Economic Impact
Analysis;
• An understanding of the anticipated utility usage and impact of the proposed Project; and
• A description of the efforts of the City of Fort Collins related to Talent Development; and
• Data on Woodward’s current emissions, waste output, and recycling (some data to be
provided in the Read-Before).
Each item is discussed below.
Year 1 Net Benefits Explained
City Council asked for additional information related to the net benefits chart listed on Page 4 of
A Report of the Economic Impact of Project Blue Home in Fort Collins, CO dated March 8, 2013
(the analysis of 1,400 employees). Specifically, City Council would like to understand the makeup
of the approximately $4.0 million in net benefits projected in Year 1. These net benefits are
comprised of several revenue sources, as shown in Table 1, primarily including use tax on
Construction Spending, use tax on Manufacturing Purchases, and Building Permits and Capital
Expansion Fees. The total revenue anticipated in Year 1 is approximately $9,325,165 less
$5,305,879 in rebates for a net benefit of $4,019,287 shown in Year 1 of the chart on Page 4. The
economic impact analysis is based on the initial schedule presented by Woodward, which had all
phases starting construction and, therefore, paying fees and use tax before the end of 2015 or Year
2 of the analysis. This schedule is subject to change.
Table 1
Year 1 – Summary of Net Benefits
Item Total Less Rebates N e t
Benefit
Construction Spending* $2,455,089 $1,953,105 $501,984
Manufacturing Purchases $198,238 $158,591 $39,648
Building Permits & Capital Expansion Fees** $6,671,838 $3,194,183 $3,477,655
Total $9,325,165 $5,305,879 $4,019,287
*Includes Visitor Spending and Taxable Purchases by the Firm listed on Page 36
** Includes Lodging Taxes listed on Page 38
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April 2, 2013
Utility Impacts
Water/Wastewater
Based on preliminary estimates, Woodward anticipates consuming between 8 and 18 million gallons
annually, which represents approximately 0.1 to 0.2 percent of the annual water treated and
delivered by Fort Collins Utility (FCU). Woodward anticipates proportionate share of wastewater.
This consumption equates to approximately 75 to 225 average homes. Plenty of capacity exists in
the area with major water transmission lines in both Lincoln Avenue and Lemay Avenue. In
addition, a major wastewater collection line crosses the site. Finally, FCU does not anticipate any
negative impacts to the system from the increased water consumption.
Energy
Based on preliminary estimates, Woodward anticipates consuming between 2,000 and 3,000
megawatt-hours (MWh) per month. On an annual basis this represent between 1.6 and 2.4 percent
of the total city energy use. The average household in Fort Collins, based on actual data, consumes
approximately 740 kilowatt-hours (KWh) per month (or 0.74 MWh). Therefore, this consumption
equates to approximately 2,700 to 4,100 average households. Adequate capacity exists in the area
to serve Woodward’s anticipated demand. Finally, FCU does not foresee any negative impacts to
the system from the increased energy consumption.
Talent Development Activities
In June 2012, City Council adopted the Economic Health Strategic Plan (EHSP). The plan defines
four major objectives of the City regarding the continued health and resiliency of the economic in
Fort Collins. One of these objectives relates to workforce development. As a result of adoption, the
Economic Health Office (EHO) has begun a variety of activities in the workforce and talent
development arena, including:
• Conveyed a small working group to further review workforce development, including: Front
Range Community College Corporate Solutions, Larimer County Workforce, Larimer Small
Business Development Corporation (SBDC), and other professionals engage in workforce
development – Meet Monthly
• Actively participate in the Larimer County Workforce Investment Board, with SeonAh
Kendall taking over the team’s Board seat – Meet Monthly
• Participate in the Larimer SBDC Advisory Board – Meet Monthly
• Fund support of the Larimer County Workforce – Annual Workforce Summit; EHO support
funds analysis of workforce conditions in Larimer County with special emphasis on the
disconnect between needed skills and available workforce – Analysis Second and Third
Quarter 2013, Summit in Fall 2013
• Developing a partnership with Poudre School District through the small working group –
Second and Third Quarter 2013
• Expanding the Business Retention and Expansion Survey to address labor and workforce
issues – Spring 2013
• Participate in the Northern Colorado Healthcare Consortium, which is currently focused
on developing workforce particularly nurse aids and other essential support staff for the
healthcare industry – Meet Quarterly
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April 2, 2013
• Supporting the development of a workforce report to be prepared by Larimer County –
Third Quarter 2013
• Conduct several business site visits discussing a variety of topics including: workforce needs
and challenges and raising awareness and connection of available training grants –
Multiple Meetings Monthly
• Expanding the EHO team’s knowledge on training grant programs available through the
State of Colorado and H1B visas to leverage expertise available globally – On-going
• Funding the support of a Manufacturing Council for Larimer County. The Council will
include executives from the County’s largest manufacturers and will focus on a wide range
of topics including workforce challenges and development – Forthcoming
Emissions/Waste/Recycling
Two decades ago, Woodward reported air emissions to the Colorado Department of Public Health
and Environment in compliance with their air permit. The AIRS database records from that time
show that Woodward’s emissions of VOCs (volatile organic compounds) reached just over 100 tons
per year in 1993 and 1994. The VOC emissions dropped to 18 tons per year in 1995. As of 1997,
VOC emissions for Woodard dropped below the de minimus reporting threshold.
In June 2012, Woodward received an air permit compliance inspection confirming that Woodward
is in full compliance with their air permit. The report states that over the years, the vast majority
of emission points (~22) have been canceled as processes have changed or been modified. As of
June 2012, only a single point (#15) remains “active” and chemical throughputs regarding these
solution tanks were evaluated. Both chemicals (nitric acid, hydrochloric acid) appear below de
minimus level threshold for Air Pollution Emission Notice (APEN) exemption.
The most recent (2011) Toxics Release Inventory (TRI) data for Fort Collins shows that Woodward
reported emissions of 22 pounds of lead in 2011, and zero pounds of chromium, copper and nickel
as shown in Attachment 2. Staff has requested historic data from the Environmental Protection
Agency and the Colorado Department of Public Health and Environment. This data, if received, will
be provided as a Read Before item for the April 2, 2013 City Council meeting.
In addition, staff is collecting data on Woodward’s hazardous waste production and handling as
well as recycling program. This data will be provided as part of a Read-Before item on April 2,
2013.
BOARD / COMMISSION RECOMMENDATION
The Economic Advisory Commission (EAC) met on March 27, 2103 to review the financial package.
The EAC had previously met on March 20, 2013 to review the Project description, Public Benefits,
and Economic Impact Analysis of the proposed Project. The EAC voted 5-1 (nays: Colton) in favor
or recommending adoption of the Agreement with Woodward, Inc, see Attachment 3. The meeting
minutes from March 27, 2013 are included as Attachment 4.”
Bruce Hendee, Chief Sustainability Officer, provided a brief summary of the business assistance
package and its benefits to the city. Since First Reading, the term “employee” has been defined to
refer to a full-time employee, or the equivalent of one full-time employee, who would be working
at a Fort Collins site and have available benefits. Also, since First Reading, the employee
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April 2, 2013
requirements have changed slightly and there is a rebate holdback, should those requirements not
be met. Hendee discussed the anticipated water, wastewater and energy usage for the project. With
respect to emissions, Hendee stated Woodward has participated in an overall management system
to reduce its carbon footprint and has had no reported emissions releases between 1998 and 2010.
The emissions released in 2011 were far below the state’s requirements.
Eric Sutherland, 3520 Golden Currant, supported the package and Woodward’s model of corporate
citizenship.
Arvid Bloom, 1372 Iva Court, supported the business assistance package and Woodward’s support
of the community.
Nancy York, 130 South Whitcomb, challenged Woodward to address its electrical energy use. She
expressed concern about storm drainage into the Poudre River and requested air and water emissions
monitoring. She commended the outgoing Councilmembers.
David May, Fort Collins Area Chamber of Commerce, thanked Council for its support of the
business assistance package and commended the outgoing Councilmembers.
Glen Colton, 625 Hinsdale Drive, questioned why the largest companies in town do not pay their
full share and questioned the impacts of additional residents on the city’s resources.
Mel Hilgenberg, 172 North College, supported the business assistance package.
Councilmember Manvel asked about the emissions report which states the lead measurement was
not based on actual measurements. Lucinda Smith, Environmental Sustainability Director, replied
Woodward estimated those emissions, based on a process looking at its control technology for the
closed-loop system. An actual stack emissions test would likely yield a lower emissions amount.
Councilmember Manvel asked about the 1,400 employment level in any four-week period. Hendee
replied the level must be maintained for any four-week period, but noted Woodward is making a
long-term commitment by locating its headquarters on the property.
Councilmember Kottwitz made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 055, 2013, on Second Reading.
Deputy City Attorney Daggett read changes made to the Ordinance exhibit.
Councilmember Kottwitz stated she is extremely proud to support this item. She thanked
Woodward, staff, and Council for work on the item.
Councilmember Troxell stated he would support the business assistance package.
Mayor Pro Tem Ohlson stated he would not support the business assistance package, given his
reasoning from First Reading. He stated future incentive packages should include the emissions and
energy and water report prior to First Reading.
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April 2, 2013
Councilmember Horak stated he would support the business assistance package and cited its benefits
for both short and long term.
Mayor Weitkunat expressed her enthusiastic support for the business assistance package.
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Kottwitz, Poppaw, Horak and
Troxell. Nays: Ohlson.
THE MOTION CARRIED.
Councilmember Kottwitz made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 056, 2013, on Second Reading.
Councilmember Troxell commended the economic and environmental analyses, but cautioned
against static analyses in the future.
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw, Horak
and Troxell. Nays: none.
THE MOTION CARRIED.
City Manager Atteberry commended Council for setting the context of sustainability and sustainable
economic development and commended the large amount of staff work on the item.
Ordinance No. 044, 2013,
Authorizing the Conveyance to Woodward, Inc. of Two Non-Exclusive
Permanent Drainage Easements and a Temporary Construction
Easement on City-Owned Property, Adopted on Second Reading
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
The proposed Woodward Link-N-Greens Campus (“Woodward”) will be a master-planned campus
providing the ability to retain and grow primary jobs for the community. The campus will
accommodate Woodward’s continued growth of its current operations in Fort Collins. It also
includes adjacent commercial services that can be used by Woodward employees and the public with
close access to downtown and the Mulberry corridor. The planned campus will help to improve the
river corridor through the site including restoration of the natural river corridor landscape, habitat,
and appropriate recreation opportunities.
For this development, Woodward has requested that the City grant Woodward two permanent
drainage easements for stormwater flows, one which would include construction of a buried
drainage pipe and the other for a graded swale. In addition, a temporary construction easement
is needed for grading, landscaping, and associated restoration work on City-owned property
adjacent to the Poudre River. This Ordinance, unanimously adopted on First Reading on March 26,
2013, authorizes the conveyance of the requested easements.”
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April 2, 2013
Councilmember Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 044, 2013, on Second Reading.
Councilmember Horak stated wastewater going into the Poudre will be in better shape than with the
current use as a golf course.
Mayor Pro Tem Ohlson stated he would support the motion, but questioned the value of the land.
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw, Horak
and Troxell. Nays: none.
THE MOTION CARRIED.
Other Business
Councilmember Horak stated the triple bottom line needs to be more consistently addressed when
considering business assistance packages.
Mayor Weitkunat announced a special meeting of Council to be held Tuesday, April 9, 2013.
Adjournment
The meeting adjourned at 7:07 p.m.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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April 16, 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 April 16, 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: Campana, Cunniff, Horak, Overbeck, Poppaw, Troxell and
Weitkunat.
Staff Members Present: Atteberry, Nelson, Roy.
Agenda Review
City Manager Atteberry stated the staff report on the Water Supply Management Plan will be given
at a future meeting and a Resolution has been added to Item No. 23, Items Relating to the Oil and
Gas Operator Agreement Between the City and Prospect Energy, LLC. He stated a possible
Executive Session may occur prior to the Discussion Agenda.
Citizen Participation
Mel Hilgenberg, 172 North College, announced community events and encouraged the use of
revenues from medical marijuana sales for law enforcement.
Nancy York, 130 South Whitcomb, welcomed the new Councilmembers and encouraged a
discussion of the restoration of the watershed and a discussion regarding the City’s economic
development goal. She discussed wages at Securitas.
Citizen Participation Follow-up
Councilmember Poppaw requested staff follow-up on the Securitas issue.
CONSENT CALENDAR
6. Consideration and Approval of the Minutes of the March 18, 2013 Adjourned Meeting and
the March 19, 2013 Regular Meeting.
7. Second Reading of Ordinance No. 051, 2013, Authorizing the Conveyance of a Non-
Exclusive Drainage and Landscaping Easement and an Access Easement on the Hickory
Trail Property to Charles Meserlian.
Charles Meserlian (the “Developer”) is planning a 1.89 acre live/work residential
development called Hickory Commons (the “Development”) located in the 300 block of
Hemlock Street, immediately north of the City’s Salyer Natural Area and east of City-owned
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April 16, 2013
property known as the Hickory Trail. The Development requires off-site drainage and
landscaping improvements on the Hickory Trail property. In order the complete the
installation of the planned improvements, the Developer is requesting that the City grant a
3,601 square foot non-exclusive drainage and landscaping easement and an access easement
on City-owned property.
This Ordinance, unanimously adopted on First Reading on March 19, 2013, would authorize
the conveyance of the non-exclusive drainage and landscaping easement and access
easement on the Hickory Trail property.
8. Second Reading of Ordinance No. 052, 2013, Appropriating Prior Year Reserves in the
Water Fund for the Construction of a Pre-Sedimentation Basin as Part of the High Park Fire
Remediation.
The 2013 Budget for the Water Fund included $987,953 for BFO Offer 244.1 – Fire
Mitigation Capital Improvements. After further evaluation of the potential ways capital
investment could improve the ability of Fort Collins Utilities to treat water from the Cache
la Poudre watershed, a pre-sedimentation basin is being constructed. The total cost of this
basin will be $2,150,000.
This Ordinance, unanimously adopted on First Reading on March 19, 2013, appropriates
$1,250,000 from the Water Fund reserves so that the construction of the pre-sedimentation
basin can be completed and operational before June 2013.
9. Second Reading of Ordinance No. 053, 2013, Designating the Oliver and Leota Chandler
Property, 710 Mathews Street, as a Fort Collins Landmark Pursuant to Chapter 14 of the
City Code.
This Ordinance, unanimously adopted on First Reading on March 19, 2013, designates the
Oliver and Leota Chandler Property at 710 Mathews Street as a Fort Collins Landmark. The
owner of the property, Barbara Liebler, is initiating this request.
10. First Reading of Ordinance No. 058, 2013, Appropriating Prior Year Reserves.
City Council authorized expenditures in 2012 for various purposes. The authorized
expenditures were not spent or could not be encumbered in 2012 because:
• there was not sufficient time to complete bidding in 2012 and therefore, there was
no known vendor or binding contract as required to expend or encumber the monies
• the project for which the dollars were originally appropriated by Council could not
be completed during 2012 and reappropriation of those dollars is necessary for
completion of the project in 2013
• to carry on programs, services, and facility improvements in 2013 with unspent
dollars previously appropriated in 2012
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April 16, 2013
In the above circumstances, the unexpended and/or unencumbered monies lapsed into
individual fund balances at the end of 2012 and reflect no change in Council policies.
11. Items Relating to the Design and Implementation of a Traffic Responsive Traffic Signal
System at Signals Adjacent to the Railroad Tracks in the Vicinity of Lemay, Riverside and
Mulberry.
A. Resolution 2013-032 Authorizing the Mayor to Execute an Intergovernmental
Agreement with the Colorado Department of Transportation to Use Federal
Congestion Mitigation Air Quality (CMAQ) Funds for the Design and
Implementation of a Traffic-Responsive Traffic Signal System at Signals Adjacent
to the Railroad Tracks in the Vicinity of College Avenue, Lemay Avenue, Riverside
Avenue and Mulberry Street.
B. First Reading of Ordinance No. 059, 2013, Appropriating Unanticipated Grant
Revenue in the Transportation Services Fund for the Design, Equipment
Procurement and Implementation of a Traffic-Responsive Traffic Signal System.
The City’s Traffic Operations Department was awarded a $248,370 Federal Congestion
Mitigation Air Quality (CMAQ) grant to design, procure equipment and implement a traffic
responsive traffic signal system at select intersections that are impacted by railroad and truck
operations. The project will be implemented at intersections along North College Avenue
(U.S. 287), Riverside Avenue (SH 14), Mulberry Street (SH 14) and Lemay Avenue where
trains and heavy trucks impact traffic on those major streets. The project is intended to
reduce traffic delays by more quickly dispersing congestion at the intersections impacted by
the passing trains.
12. First Reading of Ordinance No. 060, 2013, Appropriating Unanticipated Federal Department
of Energy Grant Revenues in the Light and Power Fund.
This Ordinance appropriates $845,323 of additional revenue related to the Renewable and
Distributed Systems Integration (RDSI) project. This total includes $372,500 of additional
Department of Energy grant funding, as well as $472,823 in other RDSI project revenues.
13. First Reading of Ordinance No. 061, 2013, Amending Section 2.2.10 of the Land Use Code
by the Addition of a New Subparagraph (D) Pertaining to Parkway Landscaping
Amendments.
This Ordinance amends the City’s Land Use Code to add a new administrative process for
changes to parkway landscaping in approved development plans. This is a necessary follow-
up to new Streetscape Standards adopted by City Council on February 26, 2013. It involves
parkway landscaping in single family housing developments where approved development
plans specify turfgrass in the parkways (the strips of land between street curbs and detached
sidewalks). These residential parkways are part of the City-owned right-of-way, but abutting
property owners are responsible for parkway landscaping. The new process makes it easier
for homeowners to request changes to approved plans.
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April 16, 2013
14. First Reading of Ordinance No. 062, 2013, Approving an Intergovernmental Agreement
Amending Certain Provisions of the First Amended Intergovernmental Agreement
Pertaining to the Development of the Interstate 25/State Highway 392 Interchange.
This Ordinance approves an amendment to the Intergovernmental Agreement (IGA) between
the City of Fort Collins and the Town of Windsor regarding the I-25/SH 392 Interchange.
The First Amended IGA became effective on November 27, 2012. The IGA provides that
Windsor and Fort Collins will annually share property and sales tax revenue generated in the
area surrounding the I-25/ SH 392 Interchange (the CAC). The amount to be shared is the
amount of increased taxes in the CAC beyond the amount collected in the base year. The
IGA provided that the base year would be the revenues collected in the year 2012, the year
the IGA became effective.
In discussions with the Town of Windsor, it was concluded that it would be more equitable
if the base year for the increment calculation was 2010 rather than 2012. The tax revenues
were reduced by as much as 25% in 2011 and 2012, since construction of the interchange
was ongoing during that year. 2010 was the last year of tax revenues before construction
began, and as such, would be a more accurate reflection of tax revenues for the purpose of
determining increased increments to be divided.
A similar Ordinance was adopted by the Windsor Town Board on Second Reading on March
25, 2013.
15. First Reading of Ordinance No. 063, 2013, Authorizing the Conveyance of a Non-Exclusive
Utility Easement on Springer and Williams Natural Areas to Platte River Power Authority.
Platte River Power Authority (Platte River) has requested a realignment of its existing
easement (granted in 1982) across Natural Areas property to accommodate the proposed
construction of the Woodward Inc. (Woodward) Link-N-Greens Campus, a master planned
development, on adjacent property. As part of the development plan, Woodward is working
with Platte River to reroute a portion of the overhead electric transmission line that crosses
the Link-N-Greens campus. Subsequently, the transmission line will also need to be
relocated from its current position on Springer Natural Area (Springer). To construct the new
alignment, Platte River is requesting a 60 to 100-foot wide permanent easement,
approximately 550 feet in length across the Springer and Williams Natural Areas to replace
the 1982 easement. In addition, Platte River is requesting a temporary construction easement
of roughly the same area. Natural Areas Department (NAD) staff is working with Platte
River to delineate the final easement areas.
If the new alignment is approved, Platte River will vacate the existing 1982 easement in the
north and west portions of Springer; remove all features associated with that part of the
transmission line and restore the site. All impacts within the proposed temporary and
permanent easement areas on Springer and Williams will be fully restored, as well. The
overall restoration effort enables the site to be returned to a more natural riparian forest. The
net benefit of the larger restoration in the former transmission line corridor will exceed the
impacts caused by this project.
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16. Resolution 2013-033 Authorizing the Acceptance of a Partial Donation of 1.345 Acres of
Real Property from Interstate Land Holdings, LLC for Natural Areas Purposes.
The I-25 / SH 392 Interchange Project required the City to complete wetland mitigation
improvements on property adjacent to Fossil Creek Reservoir Natural Area owned by
Interstate Land Holdings, LLC. The owner of the property has agreed to convey the property
to the City at an amount lower than the market value for the property. The owner has chosen
to donate the remaining value of the property to the City. The purpose of this Resolution is
to officially document the acceptance of the donation at a lower than market value for the
benefit of the owner for tax reporting purposes.
17. Resolution 2013-034 Authorizing the Mayor to Execute an Intergovernmental Agreement
Creating a Public Entity to Manage the Loveland to Fort Collins Stage of the USA Pro
Challenge Cycling Race.
Fort Collins successfully partnered with Loveland, Estes Park, Windsor and Larimer County
to secure a stage in the 2013 USA Pro Challenge (Pro Challenge), a seven day, professional
cycling race. This Resolution authorizes the City to enter into an intergovernmental
agreement with these local government partners to create a new public entity, the Northern
Colorado Pro Challenge Local Organizing Committee (LOC), which would be responsible
for planning, funding, promoting and conducting the Fort Collins-Loveland stage of the
August, 2013 Pro Challenge.
18. Resolution 2013-035 Authorizing the Mayor to Enter into a Third Addendum to the
Intergovernmental Agreement Between the City of Fort Collins and Poudre Valley Fire
Protection District to Amend the Fire Chief's Spending Limit from $20,000 to $75,000 per
Expenditure and Ratifying the First and Second Addenda to Such Agreement.
The City and the Poudre Valley Fire Protection District (PVFPD) entered into an
Intergovernmental Agreement (IGA) in 1981 to establish the Poudre Fire Authority (PFA)
to provide fire and emergency services to Fort Collins and surrounding areas. The IGA has
been amended several times over the years and currently includes a spending limit for the
Fire Chief, over which the Chief must seek Board approval. The proposed amendment
(Addendum 3) will change the Fire Chief’s spending limit from $20,000 to $75,000. In
addition to allowing the increased spending limit, the Resolution also ratifies two previous
Amendments to the IGA (Addenda 1 and 2) which were previously approved in inconsistent
manners.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Nelson.
7. Second Reading of Ordinance No. 051, 2013, Authorizing the Conveyance of a Non-
Exclusive Drainage and Landscaping Easement and an Access Easement on the Hickory
Trail Property to Charles Meserlian.
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April 16, 2013
8. Second Reading of Ordinance No. 052, 2013, Appropriating Prior Year Reserves in the
Water Fund for the Construction of a Pre-Sedimentation Basin as Part of the High Park Fire
Remediation.
9. Second Reading of Ordinance No. 053, 2013, Designating the Oliver and Leota Chandler
Property, 710 Mathews Street, 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.
10. First Reading of Ordinance No. 058, 2013, Appropriating Prior Year Reserves.
11. First Reading of Ordinance No. 059, 2013, Appropriating Unanticipated Grant Revenue in
the Transportation Services Fund for the Design, Equipment Procurement and
Implementation of a Traffic-Responsive Traffic Signal System.
12. First Reading of Ordinance No. 060, 2013, Appropriating Unanticipated Federal Department
of Energy Grant Revenues in the Light and Power Fund.
13. First Reading of Ordinance No. 061, 2013, Amending Section 2.2.10 of the Land Use Code
by the Addition of a New Subparagraph (D) Pertaining to Parkway Landscaping
Amendments.
14. First Reading of Ordinance No. 062, 2013, Approving an Intergovernmental Agreement
Amending Certain Provisions of the First Amended Intergovernmental Agreement
Pertaining to the Development of the Interstate 25/State Highway 392 Interchange.
15. First Reading of Ordinance No. 063, 2013, Authorizing the Conveyance of a Non-Exclusive
Utility Easement on Springer and Williams Natural Areas to Platte River Power Authority.
24. First Reading of Ordinance No. 064, 2013, Amending the City Code to Authorize the City
Manager to Ban Open Burning in the City Upon Recommendation of the Fire Chief.
25. First Reading of Ordinance No. 065, 2013, Designating the Jessup Farm Property, 1908
South Timberline Road, as a Fort Collins Landmark Pursuant to Chapter 14 of the City
Code.
Councilmember Cunniff withdrew Item No. 17, Resolution 2013-034 Authorizing the Mayor to
Execute an Intergovernmental Agreement Creating a Public Entity to Manage the Loveland to Fort
Collins Stage of the USA Pro Challenge Cycling Race, from the Consent Calendar.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adopt all items not
withdrawn from the Consent Calendar. Yeas: Weitkunat, Cunniff, Horak, Campana, Overbeck,
Troxell and Poppaw. Nays: none.
THE MOTION CARRIED.
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April 16, 2013
Consent Calendar Follow-Up
Councilmember Poppaw commended the example of regional cooperation in regards to Item No.
14, First Reading of Ordinance No. 062, 2013, Approving an Intergovernmental Agreement
Amending Certain Provisions of the First Amended Intergovernmental Agreement Pertaining to the
Development of the Interstate 25/State Highway 392 Interchange.
Staff Reports
Jon Haukaas, Water Engineering Field Operations Manager, reported on an award received by the
City for its Canal Importation Ponds flood mitigation project.
Councilmember Reports
Mayor Weitkunat reported on the Airport Steering Committee meeting. She noted the Airport
houses the Civil Air Patrol and stated the Airport is still trying to pursue the grant for blended air
space. She stated the Airport is still searching for a carrier and there are seven interested parties.
Mayor Pro Tem Horak reported on the Platte River Power Authority’s strategic plan creation. He
also reported on the Colorado State Land Board meeting and a meeting with the Warren Lake
residents regarding tree removal.
Resolution 2013-034
Authorizing the Mayor to Execute an Intergovernmental Agreement
Creating a Public Entity to Manage the Loveland to Fort Collins
Stage of the USA Pro Challenge Cycling Race, Adopted
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
Fort Collins successfully partnered with Loveland, Estes Park, Windsor and Larimer County to
secure a stage in the 2013 USA Pro Challenge (Pro Challenge), a seven day, professional cycling
race. This Resolution authorizes the City to enter into an intergovernmental agreement with these
local government partners to create a new public entity, the Northern Colorado Pro Challenge
Local Organizing Committee (LOC), which would be responsible for planning, funding, promoting
and conducting the Fort Collins-Loveland stage of the August, 2013 Pro Challenge.
BACKGROUND/ DISCUSSION
Fort Collins, Loveland, Estes Park, Windsor and Larimer County came together in 2012 to submit
a bid to host a beginning and ending stage of the 2013 Pro Challenge. The Pro Challenge is an
annual professional road cycling stage race featuring riders from sixteen international, professional
teams. The race first occurred in Colorado in 2011; Northern Colorado, the first group to submit
a regional bid, was awarded the 6th stage of the Pro Challenge. The race will be in Northern
Colorado on Saturday, August 24, 2013. The exact route is yet to be determined; however, it will
start at The Ranch, pass through Windsor, Loveland and Estes Park, and end in downtown Fort
Collins.
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April 16, 2013
As a Gold-level Bicycle Friendly Community, Fort Collins has demonstrated a commitment to
cycling through education, encouragement, enforcement and engineering. This event provides media
exposure on a statewide, national and international scale and furthers Fort Collins reputation as
a leader in the cycling work. Additionally, the Pro Challenge will bring an estimated $2 - $4 million
in publicity.
An event of this magnitude requires significant planning and coordination. Representatives from
the partner entities, as well as other community organizations such as the Fort Collins Convention
and Visitors Bureau and the Downtown Business Association, are working together to ensure the
event is a success. The Pro Challenge owner, Classic Bicycle Racing, LLC (CBR), requires
communities that are hosting the start or finish of a Pro Challenge stage to enter into a contract
specifying all of the services and facilities the host community will provide. Given the regional
nature of this partnership, it is in the best interest of all parties to create a new public entity with
the power and authority to enter into contracts for the purpose of fulfilling Northern Colorado’s
race stage obligations, so that no one community bears sole responsibility and liability for the event.
The purpose of this Resolution is to authorize the execution of an intergovernmental agreement
between Larimer County, Fort Collins, Loveland, Windsor and Estes Park that would create a new
public entity, the Northern Colorado Pro Challenge Local Organizing Committee (LOC).
The LOC would enter into the contract with CBR. Through that contract, the LOC would agree to
provide services such as transportation, security, road closures, emergency medical services,
permits, parking, volunteers, food, lodging, portable restrooms, trash removal and recycling. The
LOC would also have authority to enter into other contracts for services and facilities (including
contracts with each local government entity to provide in-kind services and facilities), accept
donations and community sponsorships, organize volunteers, and assume general managerial
responsibilities over the Northern Colorado stage of the Pro Challenge.
The LOC will be governed by a nine member Executive Committee, which includes one
representative from each municipality. Kelly DiMartino, Assistant to the City Manager, is serving
as the City’s representative. Other members will be appointed by the municipal representatives
based on expertise needed to put on the event. The LOC will have nine committees: Operations,
Technical, Media and Public Relations, Marketing, Volunteers, VIP/Hospitality, Sponsorship/Sales,
Education/Community Outreach, and Festival & Ancillary Events.
FINANCIAL / ECONOMIC IMPACTS
As part of the 2013-2014 Budget Process, City Council approved $50,000 for the event; the City has
also agreed to provide $50,000 of in-kind services. The event is expected to create a positive
economic impact and local spending benefit.”
Councilmember Cunniff asked about the $50,000 worth of in-kind contributions and whether
overtime service and other types of ongoing staff time are considered in-kind. Kelly DiMartino,
Assistant to the City Manager, replied the City is wanting to be very transparent with its expenses
for this event and those types of expenses are going to be accounted for and will count against the
in-kind contributions for the event. City Manager Atteberry replied he would consider overtime and
other additional costs to be something beyond in-kind expenses.
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April 16, 2013
Councilmember Cunniff expressed concern about the open-ended nature of some of the expenses.
City Manager Atteberry replied Council will be advised of the expenditures and noted cost control
is of utmost importance.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Resolution
2013-034.
Mayor Weitkunat stated this is an exciting event; however, other mayors have warned of the
possibility of excessive expenditures.
Councilmember Troxell asked if there is a sunset related to the public entity creation. DiMartino
replied there will be a nine member executive committee which will sunset at the conclusion of the
event.
The vote on the motion was as follows: Yeas: Weitkunat, Poppaw, Horak, Troxell, Campana,
Cunniff and Overbeck. Nays: none.
THE MOTION CARRIED.
City Manager Atteberry stated this event is a significant national event which will forward the
bicycle culture in Fort Collins.
Executive Session
Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to go into Executive
Session for the purpose of meeting with the City Attorney, City Manager, and other affected
members of City Staff to discuss potential litigation and related legal issues as permitted under
Section 2-31(A)(2) of the City Code.
Councilmember Poppaw stated she would oppose the motion as the item was added to the agenda
late and the issue should be discussed publically.
Mayor Pro Tem Horak supported the Executive Session, as the legal advice could be pertinent.
Councilmember Cunniff stated he could not support the Executive Session, unless given the
assurance of substantial public discussion regarding the moratorium and Prospect Energy.
Councilmember Troxell supported the Executive Session.
The vote on the motion was as follows: Yeas: Weitkunat, Campana, Troxell and Horak. Nays:
Overbeck, Poppaw and Cunniff.
THE MOTION FAILED AS THE VOTE REQUIRES A 2/3 MAJORITY VOTE.
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April 16, 2013
Ordinance No. 057, 2013
Terminating the Moratorium Imposed by Ordinance No. 145, 2012 with Respect to Oil and
Gas Operations Conducted under an Oil and Gas Operator Agreement Between the City
and Prospect Energy, LLC and Exempting Such Operations from the Prohibitions
Contained in Section 12-135 of the City Code, Second Reading Continued to April 23, 2013
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
On March 19, 2013, Council approved an Operator’s Agreement with Prospect Energy to conduct
oil and gas operation in the city limits. The terms of the Agreement ensure stringent public health
and safety measures are in place through Best Management Practices (BMPs), which generally
exceed current requirements mandated by the Colorado Oil and Gas Conservation Commission
(COGCC), and provide strict controls on the release of methane gases and other volatile organic
compounds (VOCs). The Council also adopted on First Reading, Ordinance No. 057, 2013, by a vote
of 5-1 (nays: Ohlson, absent: Poppaw), removing the Moratorium imposed by Ordinance No. 145,
2012, with respect to an Oil and Gas Operator Agreement with Prospect Energy.
BACKGROUND/ DISCUSSION
During Council discussion on March 19, 2013, questions arose regarding the inclusion of
Undeveloped Acreage (UDA) in the Operator Agreement. Staff responded incorrectly as to when
staff was aware of the UDA. The UDA was disclosed on March 1, 2013. Staff received the first
Operator Agreement that included the UDA on March 7, 2013.
Council further inquired as to how development of the UDA may occur. Generally, Prospect Energy
is limited to the terms and conditions contained in a confidential Surface Use Agreement (SUA) with
Anheuser-Busch, Incorporated signed in April 2011. According to the Larimer County mineral
lease notice (Attachment 4), the SUA is for a primary term of three years expiring March 2014. If,
at the expiration of the Primary Term of the SUA, lands not then included within a producing or
spacing unit are not engaged in drilling or reworking operations, then the lease expires. According
to the notice, an option to extend the agreement for an additional three years is available if Prospect
Energy makes an additional payment.
In addition to any requirements imposed by the SUA, any oil and gas development would be
required to comply with the Council-approved Operator Agreement. A key aspect of the Agreement
requires the following:
Conceptual Review – No less than thirty (30) days prior to the submission of an Application for a
Permit to Drill (APD) (note: APD is the Colorado Oil and Gas Conservation Commission (COGCC)
permitting process), Prospect Energy will schedule a meeting with the City to review the proposed
new well or drilling activity. The goal of this meeting would be for staff and the applicant to review
the proposed oil and gas operation in a manner that ensures compliance with the operator
agreement and applicable state and federal regulations. This pre-submittal meeting will also allow
the applicant and staff to:
• explore site-specific concerns
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April 16, 2013
• discuss project impacts and potential mitigation methods including field design and
infrastructure construction to minimize impacts
• discuss coordination of field design with other existing or potential development and
operators
• identify sampling and monitoring plans for air and water quality, and other elements of the
operator agreement as contained in Exhibit A (Best Management Practices).”
Laurie Kadrich, Community Development and Neighborhood Services Director, stated the adoption
of this Ordinance would lift the moratorium for Prospect Energy, which would be allowed to drill
new wells and not be subject to the limitation of the moratorium, which currently would only allow
them to maintain existing wells. This Ordinance would also exempt Prospect Energy from the
hydraulic fracturing ban, including any new wells that would be developed within the UDA.
Kadrich stated Council also has the option to consider an amendment to the Resolution, which is in
response to comments received from citizens, related to concerns that this action would enable
Prospect Energy to re-enter plugged and abandoned wells that are in the Fort Collins Field or the
Undeveloped Area (UDA). Kadrich stated that is not the intent of Prospect Energy; this amendment
would clarify that intent. This amendment would also restrict Prospect Energy to the rules that will
be in place on August 1 for any drilling that would occur prior to that date. Kadrich continued to
detail the agreement and showed maps of the Fort Collins Field and UDA. She discussed the
requirements of the agreement, which would aid in environmental safety and public health, as well
as those which would protect natural resources.
Mayor Weitkunat requested details on the changes to the Ordinance since First Reading. City
Attorney Roy replied there are no changes in the Ordinance.
Gary Wockner, 516 North Grant, Clean Water Action, stated this issue should have been pulled and
reviewed at a work session. He requested Council vote against lifting the moratorium and expressed
concern about the potential for development in the UDA.
Maya Hesser, 2133 Ford Lane, congratulated the new Councilmembers and stated she feels betrayed
by this potential agreement. She requested the moratorium be left in place until July in order to
allow the City to discuss potential dangers with residents.
Rico Moore, 721 West Myrtle, corrected information presented regarding earthquake potential and
opposed both the Ordinance and Resolution.
Danny Hesser, 2133 Ford Lane, requested the moratorium be left in place.
Nannette Hamilton, 1655 Dogwood Court, congratulated the new Councilmembers and Mayor
Weitkunat. She opposed the lifting of the hydraulic fracturing ban.
Matthew Martinez, Fort Collins resident, expressed concern regarding the newly presented
materials. He asked about bond requirements for the company.
Elizabeth Hudetz, 1407 Ticonderoga Drive, expressed concern about potential accidents and
requested that Council continue the moratorium.
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April 16, 2013
Lynda Blake, 5551 Cornerstone Drive, opposed all fracking in Fort Collins.
Robert Winkler, Weld County resident, supported an indefinite moratorium on all drilling.
Tom Hoehn, 218 South Washington, supported the fracking ban and moratorium.
Ward Giltner, Prospect Energy, congratulated the new Councilmembers and requested that Council
adopt the agreement.
Janice Lynne, 218 South Washington, opposed the possible development of the UDA.
Kelly Giddens, Wellington resident, opposed exempting Prospect Energy from the fracking
moratorium, citing health risks.
Rudy Zitti, 1626 Fantail Court, supported Prospect Energy and requested adoption of the operator
agreement.
John Gascoyne, 718 West Mountain, stated Prospect Energy has operated in bad faith and
encouraged protection of citizens.
Scott Hall, Prospect Energy, supported adoption of the Ordinance and stated Prospect Energy wishes
to work cooperatively with the City and citizens.
Ward Luthe, Fort Collins resident, requested that Council uphold the moratorium.
Nancy York, 130 South Whitcomb, requested that Council uphold the moratorium.
Mayor Weitkunat noted neither the ban nor moratorium are being lifted, per se; this item only
addresses Prospect Energy and existing operations within the city. Kadrich clarified the action
before Council would apply to existing operations and expansion of new operations within the UDA
for the existing operator only.
Councilmember Cunniff asked about the geology of the UDA and what could be produced there.
Kadrich replied the operator had done internal studies about the area and believes the geology to be
similar to that of the existing Fort Collins Field.
Councilmember Poppaw asked what boards and commissions have weighed in on this issue.
Kadrich replied this item has not been reviewed with any boards or commissions.
Councilmember Poppaw asked who was in negotiations for this item. Kadrich replied she and
Lindsay Ex were present during all of the meetings and attorneys and other staff members were
present intermittently.
Councilmember Poppaw asked if any Councilmembers were involved. Kadrich replied no
Councilmembers were involved during any of the negotiations.
Councilmember Campana stated there was more than a year of dialogue regarding operator
agreements with the Planning and Zoning Board, the Air Quality Advisory Board, the Water Board,
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April 16, 2013
and the Oil and Gas Advisory Committee. Kadrich agreed, but replied this specific operator
agreement was not discussed with any of the boards or commissions.
Councilmember Poppaw stated this operator agreement received no vetting either with the general
public or with boards and commissions.
Councilmember Campana stated the details were vetted and the information extracted from those
meetings was taken to the negotiations. Kadrich replied that statement is accurate for most of the
best management practices that are contained in the operator agreement.
Councilmember Campana asked about chemical disclosures. Lindsay Ex, Environmental Planner,
replied the operator has committed to disclosing all the chemical used in its operations through both
the FrackFocus.org website and to the City.
Councilmember Campana asked about the air quality monitoring in the operator agreement. Melissa
Hovey, Senior Environmental Planner, replied staff has negotiated three different phases of air
monitoring: background air monitoring, monitoring during any well completion phase, and
monitoring in response to any spills, emergencies, or citizen complaints.
Councilmember Campana asked if water quality would be treated similarly. Bonnie Pierce,
Environmental Data Analyst, replied the operator has agreed to baseline sampling, follow-up
sampling at one, three and six years, and monitoring of additional chemicals to those on the COGCC
list.
Councilmember Campana asked about on-site chemical storage. Pierce replied the agreement does
not allow for permanent on-site storage for chemical waste.
Councilmember Campana stated his understanding is that the operator is only allowed to use a
closed-circuit system for fracking, which in this case generates a bit of water rather than consuming
any water. Kadrich replied in the affirmative.
Councilmember Campana asked about bonding and the aspects of the agreement related to any type
of leakage or contamination. Kadrich replied the operator agreement outlines the requirements for
follow-up should testing reveal contamination. Dan Weinheimer, Policy and Project Manager,
replied all operators are required by the COGCC to carry a $1 million general liability insurance
policy and to bond $2,000 per well on non-irrigated land, or $5,000 per well on irrigated land. Wells
deeper than 3,000 feet require a $20,000 bond and there are other requirements for in-lieu bonds.
Councilmember Campana requested staff input regarding the seemingly recent discussions regarding
the UDA. Kadrich replied the fact that Prospect Energy has a lease in that particular location had
never previously been discussed. However, since December, that area has been shown as being
available for oil and gas development. The specific information with the UDA was not brought
forward to Council until the First Reading of the operator agreement.
Councilmember Poppaw requested the date of the First Reading of the operator agreement. Kadrich
replied it was March 19, 2013.
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April 16, 2013
Councilmember Poppaw asked how many of the currently seated Councilmembers were at that
meeting and voting. City Clerk Nelson replied three of the current members were voting at that
meeting.
Councilmember Poppaw noted this could potentially be the first time new Councilmembers are
hearing about the UDA.
Councilmember Troxell asked about the potential involvement of Larimer County Public Health.
Kadrich replied the Air Quality Board encouraged the City to work with the County Board regarding
data collection and impacts on the City and County.
Councilmember Troxell requested comments on state legislation in process. Weinheimer replied
Bill 1275 is not currently active and he reviewed the seven currently active bills. Kadrich replied
the more stringent of the regulations in the agreement or any of the bills that may pass would apply
to the operator.
Mayor Weitkunat asked about the agreement’s protection of the health and well-being of citizens.
Kadrich replied the agreement has many areas of additional requirements regarding air quality,
emergency preparedness, observation allowances, and soils gas testing regulations. She stated the
project team members approached each area of expertise and put out the best practices known for
each area in order to provide the best protections for the community. In some cases, they are far
above State and COGCC requirements, in some cases they are the same.
Councilmember Overbeck asked who funds City employee training and soil and air quality
monitoring. Ex replied the City’s Office of Emergency Management would commit regarding
emergency situations. However, in the case of an emergency, the City has the ability to be
reimbursed.
Councilmember Poppaw asked who would fund the reimbursement. Kadrich replied the operator
would be required to reimburse the City.
Councilmember Troxell made a motion, seconded by Mayor Pro Tem Horak, to adopt Ordinance
No. 057, 2013, on Second Reading.
Councilmember Poppaw made a motion, seconded by Councilmember Cunniff, to postpone the item
to April 29th, after a work session can be held on April 23.
Councilmember Poppaw stated this issue deserves a work session due to its complexity and noted
four of the seven Councilmembers were not present for First Reading and the item has not been
properly publically vetted.
Councilmember Cunniff agreed with Councilmember Poppaw.
Mayor Pro Tem Horak suggested postponement could be a dangerous action but stated he could
potentially support postponement of part of the item.
Councilmember Poppaw asked what portions of the item need more vetting. Mayor Pro Tem Horak
replied the operator agreement is not the controversial part; the only portion that needs more vetting
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April 16, 2013
is the UDA portion. He supported the stringency of the agreement and supported limiting the
release of the moratorium to only the Fort Collins Field and not to the UDA.
The vote on the motion to postpone was as follows: Yeas: Overbeck, Poppaw and Cunniff. Nays:
Campana, Troxell, Horak, and Weitkunat.
THE MOTION FAILED.
Mayor Pro Tem Horak made a motion to amend Ordinance No. 057, 2013, seconded by
Councilmember Cunniff, to terminate the moratorium for the Fort Collins Field only.
City Attorney Roy clarified the intent of the motion to terminate the moratorium for Prospect
Energy’s operations only within the Fort Collins Field, to apply the operator agreement to allow new
drilling only in the Fort Collins Field, and to exempt them from the ban with regard to all operations
within the Fort Collins Field.
Councilmember Campana questioned why the best practices and high standards of health and safety
should not be applied to the UDA. Mayor Pro Tem Horak replied the location of well pads is
already known for the Fort Collins Field. The UDA does not have set well pads or specific
parameters.
(Secretary’s note: The Council took a brief recess at this point in the meeting.)
City Attorney Roy stated the Ordinance, as written, would lift the moratorium with respect to all oil
and gas operations within both the Fort Collins Field and the UDA. He asked if Council intends to
lift the moratorium on all oil and gas operations within the Fort Collins Field, or does it wish to do
so only if those operations are conducted in accordance with a new operator agreement that applies
just to the Fort Collins Field and not to the UDA. The hydraulic fracturing ban in Section 2 can only
be lifted if done in connection with an operator agreement.
City Attorney Roy clarified Council can expand the exception that exists in the moratorium by
amending Section 1 of the Ordinance, and not doing Section 2. Section 2 must be conditioned on
a revised operator agreement, which the operator may or may not be willing to enter into.
Mayor Pro Tem Horak asked if Prospect Energy could operate in the Fort Collins Field under the
existing agreement. City Attorney Roy replied they could operate if the City wanted to interpret that
it applied to a portion of the area described in the agreement. However, if Prospect Energy takes
the position that the agreement does not apply, it may contend there are no conditions it needs to
honor contained within the agreement within that Field.
Councilmember Campana suggested a modified operator agreement that would cover the Fort
Collins Field and allow some additional time for the UDA. He suggested Council condition
approval on a modified operator agreement.
Councilmember Cunniff asked if the previously approved operator agreement requires modifications
to operations at existing wells to comply with the inspection requirements of the agreement.
Kadrich replied it does not require that, unless the operator drills a new well on an existing well pad.
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April 16, 2013
Councilmember Cunniff stated he would not support the motion to amend and supported upholding
the moratorium for the Fort Collins Field until remediation can be explored.
City Attorney Roy clarified the intent of the motion is to terminate the moratorium with regard to
the operations in the Fort Collins Field, and the exception would be conditioned upon a new operator
agreement. He proceeded to read the applicable amendments to the Ordinance.
Councilmember Troxell asked about the course of action for any potential changes. City Attorney
Roy replied an Ordinance passed on Second Reading is final.
Mayor Pro Tem Horak stated his intent was that the moratorium would be lifted for the existing Fort
Collins Field, and within that, the City needs an operator agreement substantially similar to the
existing agreement for that Field. Additionally, the hydraulic fracturing ban is applied in the same
manner.
Councilmember Troxell stated he is unclear about the status of the UDA, but assumed that would
be discussed in the future. He expressed appreciation for the efforts of fellow Councilmembers but
stated he is leery of such modifications on Second Reading and would therefore oppose the motion
to amend.
Councilmember Cunniff agreed with Councilmember Troxell and stated he would not support the
motion.
The vote on the motion to amend the motion to adopt Ordinance No. 057, 2013 on Second Reading
was as follows: Yeas: Horak and Weitkunat. Nays: Troxell, Overbeck, Poppaw, Cunniff and
Campana.
THE MOTION FAILED.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to postpone the item
to next Tuesday, April 23, for a possible work session and adjourned meeting for possible action on
the item.
The vote on the motion to postpone was as follows: Yeas: Poppaw, Cunniff and Horak. Nays:
Overbeck, Weitkunat, Campana and Troxell.
THE MOTION FAILED.
Councilmember Cunniff, seconded by Councilmember Poppaw, to postpone the item for a work
session on April 23 and contemplation of final action on Monday, April 29.
Mayor Weitkunat made a motion to amend Councilmember Cunniff’s motion, seconded by
Councilmember Campana, to consider final action on April 23, following the work session,
effectively returning to the previous motion.
Councilmember Troxell asked about the timing issue between the 23rd and 29th. City Manager
Atteberry replied staff has stressed the importance of timing.
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April 16, 2013
Councilmember Troxell stated he would oppose the postponement motions and would prefer an up
or down vote on the motion to approve the Ordinance on Second Reading.
Mayor Pro Tem Horak stated postponement to a date certain allows the process to continue.
Councilmember Poppaw stated Council is struggling with the issue and the public deserves a work
session. She stated she would support the motion made by Councilmember Cunniff.
Councilmember Troxell questioned the necessity of a work session. City Manager Atteberry
requested that Council give direction as to what information it may need for the work session.
Mayor Weitkunat replied Council is seeking specific information on the UDA.
Councilmember Overbeck asked if public participation would occur at the continued meeting. City
Attorney Roy replied Council’s existing rules do not accommodate additional citizen input at an
adjourned meeting.
Councilmember Overbeck stated having citizen input at the adjourned meeting would be very
important to him.
The vote on the motion to amend Councilmember Cunniff’s motion was as follows: Yeas: Cunniff,
Horak, Weitkunat and Campana. Nays: Poppaw, Troxell and Overbeck.
THE MOTION CARRIED.
The vote on the motion to postpone Second Reading of Ordinance No. 057, 2013 to April 23, after
a work session is held on the topic was as follows: Yeas: Cunniff, Horak, Weitkunat, Campana and
Poppaw. Nays: Troxell and Overbeck.
THE MOTION CARRIED.
Ordinance No. 064, 2013
Amending the City Code to Authorize the City Manager to Ban Open
Burning in the City Upon Recommendation of the Fire Chief, Adopted on First Reading
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
During the spring and summer of 2012, Fort Collins and Larimer County experienced record setting
fire weather following a prolonged drought. As a result, the community experienced not only the
worst wildfire in the history of Larimer County, but the second largest wildfire in the history of
Colorado and the second most costly season in lost homes and property. During this time, Governor
Hickenlooper and the Larimer County Commissioner enacted fire bans due to the extreme fire
conditions. The Fort Collins City Council also adopted a fire ban through an emergency ordinance
(Emergency Ordinance No. 065, 2012). At that time, staff was directed to figure out a more efficient
way to implement a fire ban and to avoid the emergency ordinance process.
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April 16, 2013
BACKGROUND/ DISCUSSION
2012 was an extraordinary year from a fire danger standpoint and for the first time in recent
memory, a fire ban was enacted within the city limits. Even during years when conditions are dry
and high fire danger exists in the surrounding open spaces, the fire danger within the city limits is
moderate, due to the amount of irrigated property, grass areas, shrubs and trees. However, in 2012,
conditions became extreme, and there was an increase in all types of fires, including non-vegetation
fires. Potting soil became very dry, which led to more ignitions from discarded smoking materials.
Decks and other wooden debris became more susceptible to fire as fuel moistures dropped. It
quickly became apparent that fire risks were increasing as the hot, dry and windy conditions
persisted. This, coupled with a scarcity of firefighting resources in the state and region, including
local crews committed to the High Park fire, eventually led to the determination that a fire ban was
needed within the city limits.
Although such conditions do not happen overnight, they can become dangerous more quickly than
the routine timeline required to pass an ordinance on First and Second Reading. In 2012, these
conditions led to an emergency ordinance with a single reading. At that time, Council expressed
concern with the use of an emergency ordinance as a tool in this circumstance, and directed staff
to explore other options. In response, staff contacted numerous other jurisdictions to determine what
they did in similar situations. Some of the practices of other jurisdictions are:
• Regulations that give the Fire Chief the authority to implement a ban.
• Special ordinances that authorize the City Manager to implement the ban.
• State implemented bans (which may raise home rule issues).
Of all the options explored, it appears that the most efficient, reactive, and easily implemented
option is to give the City Manager the authority to implement a ban based on the input of the local
fire officials, without Council approval. The City Manager would still be required to provide notice
to the City Council within twenty-four (24) hours of the issuance of such a ban. The City Manager
would also be authorized to lift the ban as conditions improve, which would allow flexibility to react
quickly as conditions change.
This process is currently used in Timnath and is currently under consideration by the Loveland City
Council, as well. The Ordinance will apply to all public and private property within the city limits,
as well as to all City-owned properties outside of the city limits.
There will be two stages of restrictions based on the severity of the conditions allowing for a phased
approach, much as is being done with the water restrictions. A violation of the prohibitions of Stage
1 or 2 fire restrictions in the city would be subject to a misdemeanor violation”
Bob Poncelow, Poudre Fire Authority Fire Marshal, noted County and State fire restrictions do not
apply to the city limits of Fort Collins as it is a home rule city. During the High Park Fire, when an
emergency ordinance to ban open burning with the city limits was brought before Council, staff was
directed to explore other options to enact fire restrictions. Poncelow reviewed the definition of open
burning and the types of criteria which will be examined when considering restrictions. He
reviewed Stage 1 and 2 fire restrictions.
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April 16, 2013
Councilmember Troxell asked about the emergency ordinance used last year. City Manager
Atteberry replied this item would prevent the use of an emergency ordinance, as Council has
typically opposed the use of that technique.
Councilmember Troxell supported the placement of the decision to enact restrictions with the City
Manager, but stated he would like to see further efforts toward a less qualitative approach for
enacting restrictions. City Manager Atteberry replied he has discussed that with Chief DeMint and
suggested Council adopt the Ordinance on First Reading and allow staff to further study the issue.
Chief DeMint, Poudre Fire Authority, noted quantitative measurements are not readily found and
stated Poudre Fire Authority’s wild land team developed a response plan built on fuel moisture and
weather data.
Councilmember Cunniff asked how the community will be informed that a fire restriction is in place
and requested information regarding penalties for violations. Poncelow replied a violation would
be a violation of the Fire Code, which is typically a misdemeanor. Public outreach would be done
through the PFA Public Affairs and Education Officer, in conjunction with the City’s
Communications Public Involvement Office and the County.
City Attorney Roy clarified a violation would be considered a misdemeanor criminal offense,
subject to the penalty provisions of the Code.
Councilmember Poppaw made a motion, seconded by Mayor Pro Tem Horak, to adopt Ordinance
No. 064, 2013, on First Reading. Yeas: Horak, Weitkunat, Campana, Troxell, Overbeck, Poppaw
and Cunniff. Nays: none.
THE MOTION CARRIED.
Ordinance No. 065, 2013
Designating the Jessup Farm Property, 1908 South Timberline Road,
as a Fort Collins Landmark Pursuant to Chapter 14
of the City Code, Adopted on First Reading
Councilmember Campana withdrew from the discussion of this item due to a conflict of interest.
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
The owner of the property, Gino Campana of Jessup Farm LLC, is initiating this request for Fort
Collins Landmark designation for the Jessup Farm Property at 1908 South Timberline Road.
BACKGROUND/ DISCUSSION
The property is eligible for designation as a Fort Collins Landmark under Designation Standards
1, 2, and 3 for its association with significant historical events and persons, and also for its
architectural significance to Fort Collins.
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April 16, 2013
The Jessup Farm is significant under Standard 1 for its association with agricultural contexts in
Fort Collins since the late nineteenth century, including the open range cattle industry, farming and
ranching, and sheep raising.
Additionally, the property is significant under Standard 2 for its association with prominent
cattlemen James B. Arthur and Joseph Jessup, as well as members of the Johnson family, prominent
farmers who first moved to the area in 1902.
Furthermore, the property displays architectural significance under Standard 3 as its buildings are
distinctive examples of vernacular rural architecture holding high levels of integrity. The gabled-ell
farmhouse represents a well-preserved and rare housing type in Fort Collins, while various
outbuildings on the farm site illustrate changing agricultural practices in northern Colorado during
the twentieth century.
FINANCIAL/ ECONOMIC IMPACTS
Recognition of the Jessup Farm Property at 1908 South Timberline Road as a Fort Collins
Landmark enables its owner to qualify for federal, state and local financial incentive programs
available only to designated properties. Additionally, based upon research conducted by Clarion
Associates, the property would see an increase in value following its designation. Clarion
Associates attributed this increase to the fact that future owners also qualify for the financial
incentives; the perception that designated properties are better maintained; the appeal of owning
a recognized historic landmark; and the assurance of predictability that design review offers.
BOARD / COMMISSION RECOMMENDATION
The Landmark Preservation Commission and staff recommend adoption of the Ordinance on First
Reading. At a public hearing held on March 13, 2013, the Landmark Preservation Commission
voted to recommend designation of this property under Designation Standards (1), (2), and (3) for
its association with significant historical events and persons, and also for its architectural
significance to Fort Collins”
Karen McWilliams, Historic Preservation Planner, stated this Ordinance would designate the Jessup
Farm Property as a City of Fort Collins Landmark. She reviewed the history and geography of the
property and discussed the proposed building revisions.
Councilmember Troxell asked if the application was prepared by the applicant. McWilliams replied
in the negative and noted most landmark designation applications are prepared by staff, generally
with the help of Historic Preservation graduate students at Colorado State University.
Councilmember Troxell asked if the applications are reviewed for accuracy. McWilliams replied
the Jessup Farm was surveyed originally in 1992 by a professional historic preservation consulting
firm. At that time, the property was identified as National Register and Fort Collins eligible. Since
then, the property was proposed to be nominated for Colorado’s most endangered properties list.
All of the information has since been reviewed by staff and the Landmark Preservation
Commission’s Chair.
Councilmember Troxell expressed support for the project and staff work on the item.
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April 16, 2013
Councilmember Cunniff asked if Council is considering only the historical designation and not a
potential future project for the site. McWilliams replied in the affirmative.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 065, 2013, on First Reading. Yeas: Weitkunat, Poppaw, Horak, Troxell, Overbeck and Cunniff.
Nays: none.
THE MOTION CARRIED.
Other Business
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adjourn to Tuesday,
April 23, 2013, so that the Council may consider any additional business that may come before the
Council. Yeas: Campana, Troxell, Cunniff, Horak and Weitkunat. Nays: Overbeck and Poppaw.
THE MOTION CARRIED.
Adjournment
The meeting adjourned at 9:45 p.m.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
27
April 9, 2013
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Special Meeting - 6:00 p.m.
A special meeting of the Council of the City of Fort Collins was held on Tuesday, April 9, 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, Kottwitz, Manvel, Ohlson, Poppaw, Troxell, and
Weitkunat.
Staff Members Present: Williams, Nelson, Roy.
Mayor Weitkunat asked outgoing Councilmembers for comments.
Councilmember Manvel commented on his wonderful experience and thanked the citizens of his
district and the City as a whole. He thanked City staff and his fellow Councilmembers.
Councilmember Kottwitz thanked the citizens of Fort Collins, City staff, and her fellow
Councilmembers. She thanked her family and friends who have supported her during her term.
Mayor Pro Tem Ohlson thanked the citizens of Fort Collins, the City management and staff, and the
fellow Councilmembers with whom he has worked over the years. He commented on the pride he
has in local government.
City Clerk Nelson administered the oaths of office for newly elected Councilmembers Overbeck,
Campana, and Cunniff, and re-elected Mayor Weitkunat.
The outgoing Councilmember stepped down and the newly constituted Council was seated.
Resolution 2013-029
Expressing Gratitude and Appreciation to Ben Manvel
for His Contributions to the Community as a Councilmember, Adopted
Councilmember Poppaw read Resolution 2013-029 in full, commending outgoing Councilmember
Manvel.
Linda Stanley, 2040 Bennington Circle, commended Mr. Manvel on his service to the City.
Glen Colton, 625 Hinsdale Drive, commended Mr. Manvel on his thoughtfulness and thoroughness
throughout his tenure.
Rick Price, 1925 Wallenberg Drive, commended Mr. Manvel on his work supporting bicycling in
Fort Collins.
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April 9, 2013
Tim Johnson, 1337 Stonehenge Drive, commended Mr. Manvel on his work regarding transportation
within the city.
Scott Mason, Fort Collins resident, commended Mr. Manvel for his service to the city.
Gina Janett, 730 West Oak, commended Mr. Manvel for his service, mathematical skills, and work
to protect Old Town homes.
Gary Wockner, 516 North Grant, commended Mr. Manvel for his consideration, respect, and
graciousness.
Doug Brobst, 1625 Independence Road, commended Mr. Manvel for being a supporter of
neighborhoods and wished him luck.
Lloyd Walker, 1756 Concord Drive, commended Mr. Manvel on his work toward increasing quality
of life in Fort Collins.
Ray Martinez, 4121 Stoneridge Court, commended Mr. Manvel on his graciousness and respect.
Don Butler, Fort Collins resident, commended Mr. Manvel on his support of North Fort Collins and
commended the work of Ms. Kottwitz.
Councilmember Poppaw made a motion, seconded by Councilmember Horak, to adopt Resolution
2013-029.
Mayor Weitkunat noted Council had previously met to express thoughts and commendations but
invited Council to make additional comments.
Councilmember Poppaw thanked Ann Manvel for her support of her husband and thanked Mr.
Manvel for being a mentor and for his contributions to the community.
Councilmember Horak commended Mr. Manvel’s representation of the Council and City.
Councilmember Cunniff commended Mr. Manvel’s service to the City.
Councilmember Troxell commended Mr. Manvel’s work on the City-CSU liaison committee.
Councilmember Overbeck commended Mr. Manvel on his service.
Mayor Weitkunat commended Mr. Manvel on his service.
The vote on the motion was as follows: Yeas: Weitkunat, Poppaw, Horak, Troxell, Overbeck,
Cunniff, and Campana. Nays: none.
THE MOTION CARRIED.
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April 9, 2013
Resolution 2013-030
Expressing Gratitude and Appreciation to Aislinn Kottwitz
for Her Contributions to the Community as a Councilmember, Adopted
Councilmember Troxell read Resolution 2013-030 in full, commending outgoing Councilmember
Kottwitz.
Eric Kronwell, 1613 Barnwood Drive, commended Ms. Kottwitz on her service and authenticity.
Rudy Zitti, 1626 Fantail, commended Ms. Kottwitz on her service.
Ray Martinez, 4121 Stoneridge Court, commended Ms. Kottwitz on her service and character.
Gary Thomas, Fort Collins resident, commended Ms. Kottwitz on her compassion and service.
Councilmember Troxell made a motion, seconded by Councilmember Poppaw, to adopt Resolution
2013-030.
Councilmember Poppaw commended Ms. Kottwitz on her unwavering values and service to the
City.
Councilmember Troxell commended Ms. Kottwitz on her service and perseverance.
Councilmember Horak commended Ms. Kottwitz on her service.
Councilmember Campana commended Ms. Kottwitz on her service and representation of District
3.
Mayor Weitkunat commended Ms. Kottwitz on her strength, passion, and commitment.
The vote on the motion was as follows: Yeas: Weitkunat, Poppaw, Horak, Troxell, Overbeck,
Cunniff, and Campana. Nays: none.
THE MOTION CARRIED.
Resolution 2013-031
Expressing Gratitude and Appreciation to Kelly Ohlson
for His Contributions to the Community as Mayor Pro Tem and Councilmember, Adopted
Mayor Weitkunat read Resolution 2013-031 in full, commending outgoing Mayor Pro Tem Ohlson.
John Michala, Fort Collins resident, commended Mr. Ohlson on his impact on the City’s open
spaces and natural areas.
Glen Colton, 625 Hinsdale Drive, commended Mr. Ohlson on his hard work and selflessness.
Mel Hilgenberg, 172 North College, commended Mr. Ohlson, Mr. Manvel, and Ms. Kottwitz on
their service, and wished Mayor Weitkunat luck in her future term.
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April 9, 2013
Tim Johnson, 1337 Stonehenge Drive, commended Mr. Ohlson on his work regarding natural areas
and open spaces, as well as City Plan.
Rick Price, 1925 Wallenberg Drive, commended Mr. Ohlson on his service to the bicycle
community and to the City.
Cordelia Stone, Fort Collins resident, commended Mr. Ohlson on his service to the City.
Scott Mason, Fort Collins resident, commended Mr. Ohlson on his service to the City and
recognized his work regarding the city’s neighborhoods, natural areas, and open spaces.
John Gascoyne, 718 West Mountain, commended Mr. Ohlson regarding his work on the City’s open
spaces.
Gary Wockner, 516 North Grant, commended Mr. Ohlson on his knowledge of the community and
City government.
Gina Janett, 730 West Oak, commended Mr. Ohlson for his work regarding the environment and
recycling, as well as his service to the community.
Don Butler, Fort Collins resident, commended Mr. Ohlson on his work regarding North Fort Collins.
Dan Binn, Fort Collins resident, commended Mr. Ohlson on his service to the community.
Lloyd Walker, 1756 Concord Drive, commended Mr. Ohlson on his work regarding the city’s
neighborhoods.
Doug Brobst, 1625 Independence Road, commended Mr. Ohlson on his service.
Linda Stanley, 2040 Bennington Circle, commended Mr. Ohlson on his public policy and local
solutions.
David Roy, Fort Collins resident, commended Mr. Ohlson on his service to the community.
Ray Martinez, 4121 Stoneridge Court, commended Mr. Ohlson on his honesty and genuineness.
Councilmember Horak made a motion, seconded by Councilmember Cunniff, to adopt Resolution
2013-031.
Councilmember Poppaw commended Mr. Ohlson on his tireless work for the City.
Councilmember Troxell commended Mr. Ohlson on his service to the City.
Councilmember Horak commended Mr. Ohlson on his passion and tenacity.
Councilmember Overbeck commended Mr. Ohlson on his service.
Councilmember Cunniff commended Mr. Ohlson on his contribution and service.
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April 9, 2013
Councilmember Campana commended Mr. Ohlson on his service to the City.
Mayor Weitkunat commended Mr. Ohlson on his service to the City.
The vote on the motion was as follows: Yeas: Weitkunat, Poppaw, Horak, Troxell, Overbeck,
Cunniff, and Campana. Nays: none.
THE MOTION CARRIED.
Election of Mayor Pro Tem
Mayor Weitkunat stated the Council would elect a Mayor Pro Tem to act as Mayor in the absence
or disability of the Mayor.
Gary Wockner, 516 North Grant, supported Councilmember Poppaw for the position of Mayor Pro
Tem.
Mel Hilgenberg, 172 North College, opposed the proposed on-campus stadium and thanked City
staff and management.
Gina Janett, 730 West Oak, supported Councilmember Poppaw for the position of Mayor Pro Tem.
John Michala, Fort Collins resident, supported Councilmember Poppaw for the position of Mayor
Pro Tem.
Lloyd Walker, 1756 Concord Drive, supported Councilmember Poppaw for the position of Mayor
Pro Tem.
Doug Brobst, 1625 Independence Road, supported Councilmember Poppaw for the position of
Mayor Pro Tem.
Councilmember Cunniff stated he would not seek the position of Mayor Pro Tem.
Councilmember Poppaw discussed her strengths as a Councilmember and stated she would be
honored to hold the position of Mayor Pro Tem.
Councilmember Horak discussed his strengths as a Councilmember and stated he would be
privileged to hold the position of Mayor Pro Tem.
Councilmember Troxell made a motion, seconded by Councilmember Campana, to nominate
Councilmember Horak as Mayor Pro Tem.
Councilmember Cunniff opposed the process of election and stated he would not support the motion.
Councilmember Troxell commended Councilmember Horak’s community engagement and stated
he would support the motion.
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April 9, 2013
Councilmember Campana stated he feels fortunate to have the choice and commended both
Councilmembers.
Councilmember Overbeck stated he would support Councilmember Poppaw for the position.
Mayor Weitkunat discussed the need for the Mayor Pro Tem to bring the Council agenda work
forward. She stated she would support the motion.
The vote on the motion was as follows: Yeas: Weitkunat, Horak, Campana and Troxell. Nays:
Poppaw, Cunniff, and Overbeck.
THE MOTION CARRIED.
Adjournment
At the conclusion of the executive session, the meeting was adjourned at 7:57 p.m.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
6
March 26, 2013
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 6:00 p.m.
An adjourned meeting of the Council of the City of Fort Collins was held on Tuesday, March 26,
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: Manvel, Ohlson, Poppaw, Troxell and Weitkunat.
(Secretary’s note: Councilmember Kottwitz arrived at 6:05 p.m. and Councilmember Horak arrived
at 6:10 p.m.)
Staff Members Present: Atteberry, Nelson, Roy.
Agenda Review
City Manager Atteberry stated the Urban Renewal Authority meeting scheduled to follow the
Council meeting is anticipated to be held tomorrow evening. Additionally, the work session
regarding the City Council end-of-term report has been cancelled and a written report will be
provided in lieu of the work session. There has been an advertised need for a possible Executive
Session which is also likely to occur tomorrow evening.
CONSENT CALENDAR
4. Second Reading of Ordinance No. 047, 2013, Enacting Water Rates Adjustments for the
Water Supply Shortage Response Levels Established in the Water Supply Shortage Response
Plan and Amending the Plan.
Based on the uncertainty of how much water supply will be available from the two main
sources of supply, the Poudre River and Colorado-Big Thompson Project (CBT), which was
presented to City Council as a staff report on February 5, the City Manager will declare
Response Level 1 water restrictions for the City of Fort Collins on March 6 for the water
restrictions to be effective on April 1, 2013.
The Water Supply Shortage Response Plan, Ordinance No. 048, 2003, recommends water
rate adjustments for Response Levels 2, 3 and 4. In preparing for the potential of moving to
Response Level 2 or higher, Fort Collins Utilities staff has determined the amount that water
rates need to be increased for each Response Level. Revising rates to be revenue neutral is
consistent with the intent of the Water Supply Shortage Response Plan and how the rates
were developed in 2003. This Ordinance, unanimously adopted on First Reading on March
18, 2013, attempts to maintain revenues at the 2013 budgeted level for each possible
Response Level. The Ordinance also increases the Excess Water Use Surcharge for each
Response Level beginning with Response Level 1.
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March 26, 2013
At the time the City Council declares that municipal water supply conditions are such that
water restrictions are no longer needed, all water rates will revert to the rates shown in
Chapter 26 of the City Code.
In preparation for the implementation of the Water Supply Shortage Response Plan in the
coming months, the City Manager has recommended two amendments be made to Ordinance
No. 048, 2003. One involves changes to the definition and use of “water fountains” (changed
to “water features”) and the other involves changes to the terms of permits for large acreage
and parks and athletic/playing fields.
5. Resolution 2013-027 Making an Appointment to the Senior Advisory Board.
A vacancy currently exists on the Senior Advisory Board due to the resignation of Rebecca
Lindsey. Mayor Karen Weitkunat and Councilmember Gerry Horak opted to readvertise and
interview new applicants for the vacancy. The interview team is recommending Joann
Thomas to fill the vacancy, with a term to begin immediately and set to expire on December
31, 2014.
Mayor Pro Tem Ohlson made a motion, seconded by Councilmember Poppaw, to adopt and approve
all items on the Consent Calendar. Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw and
Troxell. Nays: none.
Items Relating to an Agreement Between the City of Fort Collins, the Fort Collins
Downtown Development Authority, and Woodward, Inc. to Provide Business Investment
Assistance for the Relocation and Construction of the Company’s Headquarters and
Expanding its Manufacturing and Office Facilities, Adopted on First Reading
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 55, 2013, Authorizing and Approving the Execution and
Delivery by the City of an Agreement with Woodward, Inc. and Related Documents,
Including the Authorization of a Borrowing, in Connection with an Economic Development
Project Relating to Woodward, Inc., and Providing Other Matters Related Thereto.
B. First Reading of Ordinance No 56, 2013, Appropriating General Fund Reserves to Fund
Capital Public Improvements in Connection with a Community Development Business
Assistance Agreement Between the City, Downtown Development Authority, and Woodward,
Inc. Regarding the Link-n-Greens Development.
City Council will consider two items related to providing business investment assistance to
Woodward, Inc. to encourage the relocation and construction of the company’s headquarters and
expanding its manufacturing facilities in Fort Collins. The project will retain or create between
1,400 and 1,700 primary jobs in the community, provide 29 acres of improved open space along the
river (including habitat restoration), and anchor the southeastern edge of the River District with a
major employer. The two items include:
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March 26, 2013
A. An Agreement between the City, Downtown Development Authority, and Woodward, Inc.;
and
B. An appropriation of $2.27 million in General Fund Reserves in connection with the
Agreement with Woodward, Inc.
BACKGROUND / DISCUSSION
Project Overview
Location
This area consists of 101.5 acres and is generally located at the southwest corner of East Lincoln
and South Lemay Avenue. The Cache la Poudre River is the southern boundary and the majority of
the western boundary of the P.D.P. The Poudre River Trail is located on the property within an
easement. The project is zoned C-C-R Community Commercial – Poudre River District, and the
proposed uses are permitted in this zone district at this location.
History
The land is currently used as the Link-n-Greens golf course which has been in operation since 1986.
The property contains a barn, silos and outbuildings known as the Coy/Hoffman Barn, which were
designated on the Colorado State Register of Historic Properties in 1995. The barn is associated
with the earliest development of agriculture in the area, having been built during the 1860s as part
of a homestead. Woodward has expressed an interest in working with the City in recognizing the
historic importance of the downtown river corridor. Although there are no specific plans to date,
they have indicated an interest in participating in some manner in recognizing the Coy Barn and
other historic features. As part of the development the barn will be renovated. A specific use has
not been identified, although, in order to protect the structure, it may not be open to the general
public.
Project Description
The proposed Woodward project is being established to accommodate a new campus to
accommodate the company’s continuing growth. Woodward is a global company and has been in
Fort Collins since 1955. They have continued to experience growth in sales and breadth of market
of their products. The company serves two major market sectors, including aerospace and energy.
It is Woodward’s intent to expand their facilities to meet the growing demand for their products and
to expand in northern Colorado. Over time, the project will be home to their international
headquarters and for the global headquarters of up to two of their businesses: Industrial
Turbomachinery Systems (ITS) and Engine Systems (ES). As a large base level employer Woodward
generates over $2 billion in sales per year.
Woodward has outgrown their Drake facility and need to expand their overall facilities to
accommodate continued growth. Woodward intends to develop a campus of office, manufacturing,
and testing facilities on the Link-N-Greens site. The campus will include a collection of buildings
with parking areas served by private drives. In conjunction with the campus, a retail and
commercial center is proposed to be located in the southeast corner of the site. Approximately
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March 26, 2013
70,000 square feet of office and commercial development is planned for this area. The combined
building footprint of the industrial/manufacturing facility is projected to be 600,500 square feet in
buildings ranging from one to three stories. A future phase of construction will contain an unknown
amount of commercial development including service based restaurant, retail and office for the
benefit of the general public and Woodward employees.
Development of the industrial campus for Woodward will occur in four phases beginning with a first
phase of approximately 259,300 square feet. Timing of each of the phases will be based on market
demand. Unlike the Drake campus this one will not be fenced. Instead security will be through other
measures, primarily at the buildings. This will allow the campus to have an open street-front
landscape appearance. The project plan is divided into Phase One and Future Phases up to four
phases. Phase One includes the core components of the Woodward operations and would represent
over $100 million in investment. Over all four phases construction would be approximately $200
million (including production equipment). The river restoration area would be dedicated to the City
and be constructed with phase one.
The project anticipates four phases as described below
• Phase I – 259,000 square feet of manufacturing and office space including the relocation
of the ITS operations from the Drake/Lemay site. In addition, this phase includes receiving
and material space, a production support building, and a café/multipurpose building.
Woodward has committed to start this project with final approval of this Agreement and
their Board of Directors.
• Phase II – 60,000 square feet office building to include the relocation of the Corporate
Headquarters from the Drake/Lemay site. Final decision to proceed on this phase
anticipated in early 2014.
• Phase III – 209,000 square feet of manufacturing and office space including the relocation
of the ES operations from Loveland. This expansion may occur on the Drake/Lemay site
rather than at Link-N-Greens.
• Phase IV – 72,000 square feet Energy Tech Center. In recent discussions this phase may
happen concurrently with Phase II. A decision on this phase is likely in early 2014.
• Drake/Lemay Facility – The facility will remain a productive part of Woodward’s
operations. At this time, it is unclear what aspect of the business will use the facility.
Woodward has been in discussion with the City over the last 6 to 8 months on details of the project
layout and relationship with the community. The project was reviewed and approved unanimously
by the Planning & Zoning Board on February 21. There was no opposition to the project.
Woodward intends to close on sale of the property in April or May of 2013 with site work for Phase
I commencing in August or September of 2013. The estimated time of completion of construction for
Phase I would be late winter of 2015 with delivery of production parts by 2016.
Public Improvements
The project will utilize Tax Increment Financing to make various upgrades to various site features.
The first three public improvements listed below will be completed as part of Phase I. Following is
a brief description:
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March 26, 2013
• Transmission Line – Currently there is a significant Platte River Power Authority
(“PRPA”) transmission line that crosses the site diagonally from Northeast to Southwest.
The current location of the transmission line impacts the development potential of the
property. The City, working with PRPA, will cause the transmission line to be relocated
along Lemay Avenue extending across Mulberry Street and connecting back to the current
alignment south of the Poudre River. The route of the transmission line will be positioned
back from Lemay far enough to allow for a row of trees. Additionally, the new route will
reduce the impact to the City owned natural areas along the river reducing the number of
existing towers in the natural area. The Land Conservation and Preservation Board
supported the proposed alignment on March 13, 2013.
• Right of Way Improvements – The City will design and construct improvements to both
Lincoln Avenue and Lemay Avenue required by the proposed relocation and expansion of
Woodward’s corporate headquarters and production facility. The improvements along
Lincoln Avenue will generally include a center turn lane, bike lanes, and a temporary
pedestrian path along the south side of the street. Improvements to Lemay Avenue will
include a parkway, trees, sidewalk, street lighting, and other improvements to comply with
the full street cross section. Some improvements may be on an interim basis until funds are
available for the broader Lincoln Boulevard Improvements.
• Open Space Improvements – Woodward will gift a 29 acre parcel to the City for the
purpose of restoring the property to a natural condition. The restoration will include
landscape and habitat improvements based on a design developed by the City’s natural
areas department. The tax increment financing will be used to help offset the design and
construction costs related with these improvements.
• Lincoln Boulevard Improvements – To the extent available, tax increment financing may
provide funds to assist with future enhancements along Lincoln Avenue. intent of the
improvements is to transform the standard cross section into a boulevard similar to
Mountain Avenue west of Old Town. The specific details of these improvements are not set
but may include construction of new or improved street and intersections, sidewalks and
benches, bicycle lanes and racks, trees and other landscaping, gateway features, transit
related infrastructure, storm water improvements, directional signage, public art and other
project for a positive neighborhood image, and interpretive features of culture and history
relevant to the area. These improvements are subject to a successful voter initiative to
provide capital funding for the portion of the cost not covered by tax increment financing
and subject to the availability of tax increment depending on the timing of Phase III
construction.
Utility Partnership
There is an opportunity in the future for Woodward to partner with the City and participate in the
Fort Collins Solar Program (FCSP). The intent of the FCSP is to enter into 20 year purchase power
agreements with commercial customers for the purchase of the energy produced from customer
photovoltaic systems. The program is currently funded in the 2013 and 2014 budgets. Timing is
a significant issue related to solar installed with this program. Utilities are allowed to apply a
multiplier of 3 towards meeting the State’s Renewable Energy Standard up until July 2015. The
FCSP must use the multiplier to be economically practical. Rooftop space for the installation of
solar at Woodward may or may not be available until 2015. Fort Collins Utilities has expressed an
interest in working with Woodward as a participation in the Note, the one caveat will have to be
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completion of any solar array whose energy will be purchased through the FCSP before July of
2015.
Fort Collins Utilities (FCU) is working with Woodward through the Integrated Design Assistance
Program (IDAP) and has committed $75,000 in funds to assist with this energy efficiency design.
Through this program, FCU is providing financial and technical assistance in the design phase and
will provide a financial incentive based on facility energy savings. Utilities staff are participating
in an early design charrette attended by multiple stakeholders to promote a holistic approach to
design. A copy of the preliminary IDAP package is attached.
In addition to the work on site, there is also discussion related to a partnership that would utilize
Woodward equipment, which would allow them to demonstrate their equipment, at the Drake Waste
processing plant to use the methane created in the treatment process to make electricity. The
electricity created would qualify towards our Renewable Energy Standard.
PRPA Transmission Line Relocation IGA
The City will enter into an Intergovernmental Agreement (“IGA”) with PRPA subject to approval
by the City Council. The IGA provides that the City of Fort Collins will pay for the relocation and
installation of the transmission lines that currently cross the property. Funding for the relocation
of the lines will be paid from tax increment financing (“TIF”) generated by the development of the
Woodward Property. The IGA has been presented to and approved by the PRPA Board of
Directors. Relocation of the line will occur starting in 2013 and will result in one new transmission
tower placed in a natural area just south of Mulberry and the removal of three transmission towers
northwest of Mulberry in a natural area. The City, upon approval of the IGA will manage the project
including all public outreach.
Public Benefit
Fort Collins provides a high quality of place attributed to the lively historic downtown and the city’s
impressive parks, trails and open space networks. These community assets make Fort Collins an
attractive place for both a well-educated workforce and diverse industries. Woodward’s proposed
relocation and expansion represents an opportunity to strengthen the existing high quality of place.
The Project meets numerous City Plan policy objectives, occurs in a Catalyst Project Area (as
defined by City Plan), and presents the opportunity to enhance and expand the Poudre River
Corridor natural area. Thus, the project represents an opportunity to achieve more than economic
outcomes but an opportunity to strengthen the overall community.
City Plan Policy Objectives
The project as proposed by Woodward meets a variety of City Plan objectives, including but not
limited to:
Economic Health
• EH 1.1 – Support Job Creation: The project will create between 185 and 400 new primary
jobs as well as transfer between 515 and 600 jobs from within the region.
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• EH 1.4 – Target the Use of Incentives to Achieve Community Goals: The project will
achieve broader community goals as described, including natural areas restoration, open
space preservation, and infill/redevelopment.
• EH 2.1 – Support Targeted Industry Clusters: Woodward is a member of the Clean Energy
cluster and an active member of the Colorado Clean Energy Cluster non-profit entity
supporting clean energy research and development.
• EH 4.1 – Prioritize Targeted Redevelopment Areas: The Link-N-Greens site is within an
identified targeted redevelopment areas within City Plan.
Environmental Health
• ENV 1.1 – Protect and Enhance Natural Features: The project as proposed and approved
by the Planning and Zoning board protects and restores approximately 29 acres of open
space adjacent to the Cache la Poudre River.
• ENV 2.1 – Maintain System of Open Lands: The project adds to the open space system
surrounding the Cache la Poudre River. Through habitat restoration it will enhance the
integrity of wildlife habitat.
• ENV 2.10 – Maintain Access: The Poudre River Trail currently travels along the boundary
of the project. Subject to available funding, the trail will be moved further from the river’s
edge with select developed river access points. This approach provides access to the natural
area while providing for habitat restoration.
• ENV 5.4 – Support Renewable Energy in New Development: The project is actively
engaged in the IDAP program provided by FCU to achieve facility energy savings. In
addition, Woodward is looking to partner with FCU through the Fort Collins Solar
Program.
• ENV 7.11 – Participate in Research, Development and Demonstrations: Woodward and
FCU are contemplating a partnership to foster research, development and demonstrations
projects in the renewable energy and energy management sector.
• ENV 24.2 – Conserve Natural Features: The project includes a dedication of 29 acres
along the Cache la Poudre River. This land also includes an area of a historic river oxbow.
• ENV 24.4 – Restore and Enhance: The project includes the restoration of landscaping and
habitat on a 29 acre parcel adjacent to the river.
• ENV 26.3 – Ensure Setbacks for Channel Instability and Improve Channel Migration:
The 29 acre natural parcel includes an opportunity to stabilize the river bank and allow for
greater lateral migration, potentially in the location of the historic river oxbow.
Community and Neighborhood Livability
• LIV 5.1 – Encourage Targeted Redevelopment and Infill: The Link-N-Greens site is
encompassed by the identified targeted redevelopment areas within City Plan.
• LIV 21.4 – Provide Access to Transit: The project includes access to bus stops along
Lincoln Avenue and Lemay Avenue. In addition, future enhancements to Lincoln Avenue may
include additional transit facilities intended to provide circulation to and through Old Town.
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Transportation
• T 3.3 – Transit Supportive Design: Interim and future enhancements to Lincoln Avenue will
seek to integrate transit and alternative modes of transportation into the immediate
improvements and final design.
Catalyst Project Areas
During the Plan Fort Collins process project team members, City Council, and the public identified
areas throughout the city that have the potential to “showcase” opportunities to embrace the Plan
Fort Collins vision themes of Innovate, Sustain, and Connect. Through a combination of public and
private actions that complement and build upon one another, these areas have the potential for
lasting, desirable change. The Lincoln Triangle Area was identified as one of these Catalyst Project
Areas.
The Lincoln Triangle Area contains a rich mix of historic and new development as well as
substantial vacant and underdeveloped parcels. The Link-N-Greens site is one such underdeveloped
area. The proposed Project meets many aspects of the Area Vision, including:
• Showcase Heritage: The Coy/Hoffman Barn will be maintained as a part of the project
preserving a link to the history of the area.
• River Links: The dedication of additional open space along the river will provide an
opportunity to enhance and expand the Poudre River corridor.
• Connect: The interim and ultimate improvements along both Lemay and Lincoln Avenue will
provide additional pedestrian and bicycle connective in the area.
Finally, the Lincoln Triangle Catalyst Project Area lists several priority projects; one of these
projects is the improvement of Lincoln Avenue. The City has already begun the planning of these
improvements; however, the project, if all phases are completed, may provide much needed funding
for the completion of the project.
Net Benefits to Other Taxing Entities
The Project will generate additional benefits and costs for local taxing districts other than the City
and the DDA. Additional discussion of the City and DDA fiscal impacts occurs below under the
Financial Assistance Overview section. Both Larimer County and the Poudre School District
(“PSD”) will see net benefits from the project, primarily from additional property tax revenue.
Despite the site’s location within the DDA, both Larimer County and PSD retain 50 percent of any
property tax increment generated in the district. The net benefits to each are summarized below:
• Larimer County: Between $5.5 million and $5.8 million in net benefits with a present value
of $3.9 million to $4.1 million (using a 5 percent discount rate).
• PSD: Between $11.7 million and $12.0 million in net benefits with a present value of $8.1
million to $8.2 million (using a 5 percent discount rate).
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Financial Assistance Overview
The opportunity to retain approximately 700 primary jobs and encourage the expansion of a
business to include 700 – 1,000 new primary jobs to Fort Collins (with 185-400 new jobs to
Northern Colorado) generates significant positive economic impacts to the community (See
Financial/Economic Impacts). As a result, the City Council will consider a Business Assistance
Agreement (the “Agreement”) providing three primary forms of investment in the proposed Project.
These investments include: (1) tax increment assistance through the DDA; (2) rebate of use tax on
eligible manufacturing equipment and construction materials; and (3) rebate of applicable
development review, capital expansion, street oversizing, and utility plant investment fees (“Capital
Expansion/PIF Rebates”).
Table 1
Business Assistance Package Summary
Response
DDA Tax Increment Revenues $16.7 MM
Manufacturing Equipment and Construction
Use Tax Rebates (80%)
$3.8 MM
Development Fee Rebates (100%) $0.3 MM
Capital Expansion/PIF Rebates (80%) $2.7 MM
Total $23.5 MM
Tax Increment Assistance
Woodward has focused on the Link-N-Greens property (see Attachment 1: Project Location Map)
for the potential relocation and expansion of the company’s corporate headquarters and production
facilities. On March 5, 2013 City Council, with unanimous support, considered the amendment of
the DDA Plan of Development to include the property on first reading of Ordinance No. 49, 2103.
By amending the Plan of Development, the City Council enables the use of tax increment financing
to support the Project.
Based on a Larimer County Assessor Estimate of Future Value dated January 29, 2013 and the
initial phasing schedule provided by Woodward, the project will generate approximately $16.7
million in tax increment revenue over the remaining life of the DDA area. These funds will be used
to reimburse Woodward and the City for several costs associated with the Project, including:
facades, right of way improvements (Lincoln and Lemay), relocation of a Platte River Power
Authority (“PRPA”) transmission line, open space restoration, and future enhancements to Lincoln
Avenue, as shown in Table 2. In addition, a portion of the tax increment revenue will cover
financing cost associated with the reimbursement amounts.
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Table 2
Summary of Public Improvement Costs
Estimated Total
Cost (Millions)
Tax Increment
Pledge (Millions)
Balance*
(Millions) Recipient
Building Facades $6.00 $3.80 $2.20 Woodward
Right of Way
Improvements $1.75 $1.75 $0.00 City
Transmission Line
Relocation $1.30 $1.30 $0.00 City
Open Space
Improvements
$3.50 $3.00 $0.50 City
Lincoln Boulevard $11.00 $2.85 $8.15 City
Financing $4.00 $4.00 $0.00 N/A
Total $27.55 $16.70 $11.15
*Any unfunded balance remaining after the TIF pledge is the responsibility of the
recipient listed in the table.
Woodward has agreed to advance the funds necessary to relocation the Transmission Line and
construct the Right of Way Improvements and Open Space Improvements (described above). The
DDA and City have agreed to reimburse this advance and evidence that commitment with a bond1.
Tax Increment revenue will be used to repay the Bond principal and interest on the bond will be
variable and indexed to the 10 year U.S. Treasury Note rate2. This rate will likely fall well below
the current market based cost of capital. Woodward has agreed to these terms as a way to
demonstrate their commitment to the community and improvement of the Lincoln Triangle Catalyst
Project Area.
Due to the variable rate and uncertainty regarding phasing, the City has agreed to appropriate
$2.27 million in General Fund Reserves for the purpose of creating a reimbursement reserve. These
reimbursement reserve funds will only be required if the Tax Increment revenue generated by the
project falls short of the amount necessary to reimburse Woodward’s advanced funds with interest,
as described in the Bond. In the event only Phase I is completed, the entire amount of these funds
may be needed to complete the capital projects. However, if only Phases I, II, and IV are
completed; the additional TIF generated by these additional Phases should eliminate the need for
the reimbursement reserve funds (depending on the actual schedule of these phases).
Use Tax Rebate
1 The Bond is being issued pursuant to Article XX, Section 6 of the Colorado Constitution,
Article V, Section 19.8 of the City Charter, the Downtown Development Authority Act, the
Supplemental Act, and pursuant to the 2006 Election.
2 The actual interest rate will be determined by comparing the 10 year U.S. Treasury Note on the
initial advance date compared to the 10 year U.S. Treasury Note on each subsequent
anniversary date and using the difference. At no time will the interest fall below 0.25 percent per
annum.
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Woodward plans to invest approximately $169.1 million in new buildings and $50.5 million in new
equipment as part of the proposed Project. As part of the Agreement, City Council will consider
rebating 80 percent of the use tax collected in connection with these investments. The rebate would
include approximately $2.6 million of the total $3.3 million due on construction materials and $1.2
million of the total $1.4 million due on eligible equipment see Table 3. In both cases, the rebates go
beyond the general fund portion of the rate. As a result, the general fund must bear the additional
cost of the rebate to avoid impacting revenue associated with the dedicated sales tax rates (e.g.,
Open Space, Street Maintenance, Building on Basics, and Keep Fort Collins Great). This additional
cost will be backfilled from the revenue generated by indirect and induced economic impacts to the
community. The estimated total backfill is approximately $800,000 for all phases.
The actual amount of the use tax rebate will be tied to Woodward achieving an employment level
of 1,400 by December 31, 2018. The City will retain 40 percent of any rebate amount until the
employment level has been reached by Woodward. If the target employment level is reached after
December 31, 2018 but before December 31, 2020 Woodward will receive the retained 40 percent
less $500,000 (combined between use tax and development fee rebates). Woodward will not be
entitled to the remaining 40 percent if the target level is not reached by December 31, 2020.
Table 3
Summary of Use Tax Rebates
Estimated Total
(Millions)
Tax Rebate
(Millions)
Retained
Revenue
(Millions)
Backfill
(Millions)
Construction Materials $3.3 $2.6 $0.7 $0.7
Eligible Equipment $1.4 $1.2 $0.2 $0.1
Total $4.7 $3.8 $0.9 $0.8
Development Fee Rebate
As part of the Agreement, City Council will consider rebating 50 percent of the applicable Capital
Expansion, Street Oversizing and Utility Plant Investment fees due for the Project. In addition, City
Council will consider rebating 100 percent of the applicable Development Review Fees (e.g., Plan
Check, and Base Building Permit Fee). The rebate will include approximately $3.0 million of the
total $5.7 million due see Table 4. These fees are collected to offset the cost each new project
imposes on the capital infrastructure within the City. As a result, the cost of the rebate must be
backfilled from the revenue generated by indirect and induced economic impacts to the community.
The backfilled revenue will make each capital fund whole. The estimated total backfill is
approximately $2.7 million.
The actual amount of the development fee rebate will be tied to Woodward achieving an employment
level of 1,400 by December 31, 2018. The City will retain 40 percent of any rebate amount until the
employment level has been reached by Woodward. If the target employment level is reached after
December 31, 2018 but before December 31, 2020 Woodward will receive the retained 40 percent
less $500,000(combined between use tax and development fee rebates). Woodward will not be
entitled to the remaining 40 percent if the target level is not reached by December 31, 2020.
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Table 4
Summary of Development Fees
Total
(Millions)
Rebate
(Millions)
Retained
Revenue
(Millions) Backfill
Wastewater $0.60 $0.30 $0.30 $0.30
Water $1.10 $0.55 $0.55 $0.55
Stormwater $0.30 $0.15 $0.15 $0.15
Electric $2.00 $1.00 $1.00 $1.00
Street Oversizing $1.20 $0.60 $0.60 $0.60
Capital Expansion $0.20 $0.10 $0.10 $0.10
Development Review/Other $0.30 $0.30 $0.00 $0.00
Total $5.70 $3.00 $2.70 $2.70
Use Tax and Fee Backfill
As described, the Agreement contemplates rebates of use tax and fees that will require backfill by
the General Fund. Based on the Economic Impact Analysis, there is between $3.8 million and $6.2
million in indirect and induced net benefits to the City from various sources over the first 16 years
(these sources exclude any revenue from utilities as they cannot be comingled with General Fund
revenues to meet these obligations). These indirect and induced impacts and the resulting revenue
will backfill the portions of the rebates over a period of between 10 and 16 years depending on
financing costs.
The total backfill required (including use tax and fees) assuming all phases are constructed on
schedule is approximately $3.5 million. However, the actual Project phasing will impact the
contemplated use tax rebates and development fee rebates. As stated, the nature of the rebate will
require backfill for a portion of the total rebate amount. Therefore, the backfill shifts depending on
the construction phasing. Table 5 provides an overview of the total rebates and the required
backfill. Under the Phase I only scenario the City will rebate $1.37 million in use tax and $1.73
million in development fees for a total rebate of $3.11 million. This scenario requires a backfill of
$1.93 million. Furthermore, the hold back of 40 percent of the rebates will influence the actual cash
needed in any given year to fund this backfill. The 40 percent holdback of the rebates will most likely
not be due to Woodward until after December 31,2018 but before December 31, 2020. This lowers
the backfill amount as initially need for each phase. Staff continues to evaluate the best method to
fund the backfill amount.
Table 5
Overview of Use Tax by Scenario
Phase I Only
(Millions)
Phase I,
II, &
IV(Millio
ns)
All Phases
(Millions)
Use Tax Rebate $1.37 $2.43 $3.8
Use Tax Backfill $0.29 $0.51 $0.80
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Development Fee Rebates $1.73 $2.36 $2.98
Total Rebates $3.11 $4.79 $6.78
Total Backfill Required $1.93 $2.68 $3.50
Initial Backfill (60%) $1.16 $1.61 $2.10
Holdback (40%) $0.77 $1.07 $1.40
NOTE: The proposed project is subject to change. Changes in timing, final construction investment,
and final equipment purchases will affect both the financial assistance offered by the City and the
financial/economic impacts to the City.
FINANCIAL / ECONOMIC IMPACTS
Economic Impact Analysis Overview
The Project will generate economic impacts during construction and operations. The construction
activities, occurring while Woodward builds its new facilities, will generate one-time impact for
construction workers and businesses in the area. The on-going operations of the firm will create
annual economic impacts, employing workers in the community and supporting additional economic
activity throughout the region.
The economic impacts were evaluated based on two scenarios: (1) a total employment level of
1,400, including 700 existing employees, 515 employees transferred from within the region, and 185
new employees; and (2) a total employment level of 1,700 including 700 existing employees, 600
employees transferred from within the region, and 400 new employees. Both scenarios assume a
total investment in the buildings of $169.1 million and $50.5 million in manufacturing equipment.
In addition, both scenarios assume an average annual salary for all jobs of $76,000, which equates
to 170% of the Larimer County average annual income ($44,564 based on Bureau of Labor
Statistics Employment and Wage data, Fourth Quarter 2011).
The economic impact analyses (See Attachment 8 and 9) estimate the one-time impacts from
construction will be the same for both scenarios with approximately 1,652 jobs supported by the
$169.1 million investment at an average annual salary of $55,106. In addition, the analyses estimate
that the facility will support between 1,400 and 2,227 total jobs see Table 6. These estimates assume
a modest manufacturing multiplier for the transferred jobs and a full manufacturing multiplier of
2.23 for the new jobs. The average salary ranges from $49,794 to $52,393.
Table 6
Summary of Economic Impacts
Scenario 1 Scenario 2
Construction (One-Time)
Jobs 1,652 1,652
Earnings $91,034,579 $91,034,579
Average Earnings per Job $55,106 $55,106
Operations (On-going)**
Jobs 1,400 2,227
Earnings $73,349,666 $110,890,650
Average Earnings per Job $52,393 $49,794
**Total change in earning during the first year of full employment.
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In addition, the analyses evaluate the fiscal impacts to the City of Fort Collins, Larimer County,
Poudre School District, and Downtown Development Authority. These impacts include estimates
of both revenues and expenses based on the published 2012 budgets for each jurisdiction. Full
details of the calculations can be found in the attached reports. Furthermore, the analyses net out
the costs of the proposed assistance described above before estimating additional benefits. The net
benefits are estimated to range from $8.7 million to $12.0 million (net benefits here includes all
revenue sources, e.g., sales and use tax, utility revenue, etc.); including all revenue sources see
Table 7. The net benefits previously described, between $3.8 million and $6.2 million, exclude the
utility net benefits included here because the rebate backfill cannot rely on utility funds to meet that
obligation. Assuming a 5 percent discount rate the present value of the estimated net benefits today
is between $7.0 million and $9.1 million.
Table 7
Summary of Fiscal Impacts
Scenario 1 Scenario 2
Additional Benefits $32,541,701 $50,740,478
Additional Costs ($23,861,724) ($38,751,622)
Net Benefits $8,679,877 $11,988,856
Present Value of Net Benefits *** $6,957,716 $9,088,081
*** This analysis uses a 5% discount rate.
This project considers an expansion of an existing manufacturer in Fort Collins. Woodward is
considering locations outside the City for possible relocation and expansion of its manufacturing
and headquarters operations. The company currently employs 700 workers in the City and supports
real and personal property of $22.3 million. Woodward’s current operations represent
approximately $850,000 in net revenues to the City annually. The new construction and expansion
would increase the company’s impact on Fort Collins by approximately $8.68 million over the next
16 years. Therefore, the estimated value to Fort Collins if the manufacturer were to leave the city
is a loss of $22.55 million over the next 16 years or a loss to the city of $1.4 million per year on
average or $16.2 million in present value. More than 27 percent ($6.25 million) of the total net
revenue is generated in the first two years as shown in the graph below.
NOTE: The proposed project is subject to change. Changes in timing, final construction investment,
and final equipment purchases will affect both the financial assistance offered by the City and the
financial/economic impacts to the City.
General Fund Reserves Appropriation Impact
The proposed Project and the Agreement contemplate a phased approach to construction. Due to
this phasing, the commitments by the City, DDA, and Woodward shift accordingly. In addition, the
timing of the phases may significantly impact the available TIF pledge for the project. There are
several potential scenarios that could unfold as Woodward reacts to market demand. The most likely
scenarios have been analyzed further. The impacts of each scenario to the TIF and Loan are
summarized in Table 8.
If Woodward never constructs more than Phase I, then the TIF will not support full repayment of
the advanced funds plus interest. The agreement contemplates the City appropriating up to $2.27
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million for the purpose of creating a reimbursement reserve. The need for these reimbursement
reserve funds will change as additional phases are completed by Woodward. Assuming Phase I, II,
and IV are built, on the current proposed schedule, the need for these additional funds will
disappear. Staff recommends this approach because the community receives $4.8 million in public
improvements (Right-of-Way improvements and Open Space improvements) at a $2.27 million
discounted cost in the worst case. Otherwise, the TIF funds these costs exclusively. In addition, the
City has agreed to stand behind the full reimbursement of the advanced funds plus interest
regardless of the Tax Increment revenue, interest rate increase, or other unforeseen economic
condition. This commitment is, however, subject to annual appropriation as required by the
Colorado State Constitution.
Table 8
Overview of TIF/Loan by Scenario
Phase I Only
(Millions)
Phase I, II, &
IV
(Millions)
All Phases
(Millions)
Total TIF Available $7.30 $11.10 $16.70
Façade Pledge $1.50 $2.80 $3.80
TIF Balance $5.80 $8.30 $12.90
Bond Principal $6.05 $6.05 $8.90
Estimated Interest $2.02 $2.25 $4.00
Additional Funds Required ($2.27) $0.00 --
ENVIRONMENTAL IMPACTS
Landscape
Of the 101.5 acre parcel almost one third of the site will be preserved and restored as natural area.
A river restoration area of approximately 28.7 acres is proposed as part of the project, and would
be constructed as part of the initial phase. Additionally, the remainder of the site will be designed
incorporating Xeriscape principles.
The project’s Ecological Characterization Study reports that the Link-n-Greens site contains several
natural habitats and features, predominately the Poudre River corridor, several wetlands that have
formed along the fringe of the golf course ponds (0.10 acres), and 464 significant trees. The site’s
existing habitat value is largely contained within the areas immediately adjacent to the Poudre River
due to the ornamental nature of the golf course and the lack of habitat diversity associated with a
bluegrass lawn. The site has also been evaluated for Threatened and Endangered species and the
only potentially suitable habitat was for the Preble’s Meadow Jumping Mouse. However, no
populations of jumping mouse are known to exist in the Poudre River downstream of Watson Lake
(north of Bellevue).
To meet the standards associated with the Land Use Code, the project has proposed an overall
buffer area of 28.7 acres instead of the 23.4 acres that would be required through the 300' standard.
At no point is the proposed buffer zone less than 210’ and the buffer zone is as large as 600’ along
the historical oxbow (a U-shaped area where the Poudre River was able to meander out of its main
channel when it was connected with its floodplain). Staff has worked extensively with the applicant
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to develop a river restoration project that would enhance the overall river habitat substantially
beyond conditions existing today. Additionally the Poudre River Trail will be realigned to allow
more distance between the river riparian habitats while still providing an interesting experience.
Noise
Production activities will be conducted within the proposed buildings and the level of noise is not
anticipated to exceed maximum allowable Db(A) levels. Buildings and service areas are located
interior to the site to mitigate off site impacts.
BOARD / COMMISSION RECOMMENDATION
Planning and Zoning Board, February 21, 2013
Water Board, January 17, 2013
Land Conservation and Stewardship Board, March 13, 2013 (Meeting Minutes Unavailable)
Economic Advisory Commission, March 15, 2013 (Meeting Minutes Unavailable)
PUBLIC OUTREACH
Neighborhood Meetings: August 20, 2012(ODP), November 2, 2012 (PDP)
Natural Area/River Concept Neighborhood Meeting: January 30, 2013
In addition, the Fort Collins Area Chamber of Commerce commissioned a study conducted by
Behavior Research Center during February 2013. The study measured the attitude of registered Fort
Collins voters in regard to various issues within the community. Of the 301 respondents, most were
in agreement on the need to retain existing employers (88%) to create quality jobs. The study
specifically asked respondents on whether Woodward, Inc. should be a top priority for the City of
Fort Collins. A resounding 85 percent agreed that retaining Woodward, Inc. should be a priority
for the City, while 9 percent were not sure and 6 percent did not see this as a priority.”
City Manager Atteberry stated this item aligns with the City’s economic and land use policies and
furthers the City’s vision of being a world-class community.
Bruce Hendee, Chief Sustainability Officer, stated this is one of the last large infill properties in the
downtown area. He noted this project will provide a catalyst for the annexation of the Mulberry
corridor. Additionally, this project will help close a gap between several Natural Areas and will
further the intent of City Plan to develop this area. The Overall Development Plan and Project
Development Plan were unanimously approved by the Planning and Zoning Board. Hendee
discussed significant site improvements which benefit the project as well as the community. Most
significantly, a 31-acre parcel will be dedicated to the City to be used as a Natural Area and Lincoln
and Lemay Avenues will be improved and funded by tax increment financing. Additionally, a
transmission line will be relocated as part of the project.
Josh Birks, Economic Health Director, reviewed the economic and environmental benefits of the
project. He discussed the way in which the project addresses each of the three main aspects of the
vision for the area: showcasing heritage, providing links to the Poudre River, and creating better
connectivity. Birks also discussed the project’s benefits to other taxing entities, including Larimer
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County and the Poudre School District and discussed the additional benefits in terms of jobs created
by the expansion activity.
Mike Beckstead, Chief Financial Officer, reviewed the details of the incentive package which is
generally broken into three categories: tax increment financing, use tax rebates, and fee rebates. The
four phases of the tax increment total $16.7 million, the 80% use tax rebate will apply to equipment
and construction materials and is valued at $3.8 million, and fee rebates equate to $2.7 million for
capital expansion, street oversizing, and plant investment fees, and $300,000 for development
review fees. Beckstead went on to detail each of the categories.
Ross Cunniff, 2267 Clydesdale, questioned the opportunity cost of the package.
Zach Heath, 135 South Sunset, suggested using tax revenue from the project to fund affordable
housing.
Hank Gardner, Fort Collins resident, supported the assistance package and the project as a
tremendous opportunity for Fort Collins.
Linda Stanley, 2040 Bennington Circle, opposed the extent of the assistance package citing
inaccurate benefit estimates.
Gordan Thibedeau, United Way of Larimer County, supported the assistance package and
commended Woodward on its philanthropic nature.
Sherry Grant, Fort Collins resident, supported the assistance package.
Mark Weaver, 4412 Idledale Drive, supported the assistance package.
Patrick Edwards, 1731 Valley Forge, questioned the risk of the assistance package to citizens.
Cheryl Zimlick, Downtown Development Authority member, supported the assistance package.
Ann Hutchison, Fort Collins Chamber of Commerce, supported the assistance package.
Eric Sutherland, 3520 Golden Currant, supported the assistance package.
Ashley Styles, Fort Collins resident, supported the assistance package.
Glen Colton, 625 Hinsdale Drive, expressed concern about the extent of the assistance package.
Fonda Budai, 2531 Antelope Road, supported the assistance package.
Michael Bello, 2309 Sunstone Drive, supported the assistance package.
Pete Gasley, Loveland resident, supported the assistance package.
Steve Lucas, 4417 Gray Fox, supported the assistance package and commended Woodward on its
philanthropic nature.
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Steve Stiesmeyer, Loveland resident, supported the assistance package.
Tim Johnson, 1337 Stonehenge, expressed concern about the assistance package and environmental
impacts of Woodward.
Mel Hilgenberg, 172 North College, supported the assistance package.
Bevin Parker, Downtown Development Authority member, supported the assistance package.
Walt Elish, Northern Colorado Economic Development Corporation, supported the assistance
package.
Allen Ginsborg, 5700 Hearthstone, supported the assistance package.
David May, Fort Collins Chamber of Commerce, supported the assistance package.
Nancy York, 130 South Whitcomb, encouraged Council to carefully consider the winners and losers
with respect to the assistance package.
Councilmember Kottwitz commended the staff report and asked if some of the rebated taxes and
fees will be covered by some of the direct and indirect financial impact from Woodward’s spending
in the community. She asked about infrastructure projects which will be covered by this incentive
package. Beckstead replied the economic benefits more than cover the backfill of the rebates.
Hendee stated there will be several million dollars worth of City projects which will occur as a result
of the tax increment financing.
Councilmember Kottwitz asked about the history of the property in terms of development. Hendee
replied the site presented many challenges but Woodward wanted to remain in the community.
Councilmember Kottwitz asked for an estimate of Woodward’s contributions to the community.
Hendee replied Woodward has given $1 million to the Museum of Discovery, $2.5 million to the
Engines Lab, and $1 million to the Engineering School at CSU, among others.
Councilmember Horak asked about the social and environmental impacts of the company and
assistance package. Hendee replied half of Woodward’s business involves the development of
products for clean and renewable energy. Additionally, it has a strong track record of promoting
employment through CSU and Front Range Community College.
Councilmember Horak requested additional information regarding emissions prior to Second
Reading and asked about the City’s role in terms of the workforce center and training for Woodward
jobs. Birks replied one of the new goals in the Economic Health Strategic Plan is a focus on talent
development in the workforce area.
Councilmember Manvel asked why there appears to be a net benefit to the City of $4 million in the
first year. Birks replied a significant portion of the initial net benefit is from the construction
activity associated with the initial phases. Councilmember Manvel requested additional details prior
to Second Reading.
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Mayor Pro Tem Ohlson asked if it is the Downtown Development Authority’s responsibility if the
debt services come up short. Beckstead replied the commitment of the City is to ensure that
Woodward gets reimbursed in full for all of the public improvement costs it puts forward to get the
project started. Matt Robenalt, Downtown Development Authority Executive Director, replied the
referenced provision avoids the abatement of property taxes below a certain level in order for the
DDA to generate enough tax increment revenue to pay its debt service for a project commitment,
and is embodied in Section 2.38 of the agreement with Woodward.
Mayor Pro Tem Ohlson asked if any enterprise zone tax credits are going to be claimed and what
governmental entities they would impact. Birks replied the site is within the Enterprise Zone and
stated it will be up to Woodward as to whether or not it wants to apply for those tax credits, which
relate primarily to state income tax paid by the company and provide some credit against that
income tax for certain investments.
Mayor Pro Tem Ohlson requested information and data related to water usage and other
environmental impacts prior to Second Reading. Hendee cited an instance in which Woodward
quickly responded and mitigated a noise complaint issue.
Mayor Pro Tem Ohlson asked how it was determined that Lincoln would be developed as a
boulevard-type roadway. Hendee replied there were a number of catalyst projects identified within
Plan Fort Collins to demonstrate the themes of innovate, sustain, and connect. One of those projects
was the Lincoln Triangle, which has been considered to be an important area that has not received
much infrastructure funding.
Councilmember Kottwitz made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 055, 2013, on First Reading.
City Attorney Roy read the changes to the Ordinance which Council received in its read-before
packet.
Councilmember Kottwitz thanked staff and Council for work on this item, which she referenced as
a legacy project for the City. She discussed the positive environmental, social, and economic
impacts of the project.
Mayor Pro Tem Ohlson commented that the Ordinance should reference actual facts relating to tax
revenue generation and encouraged consistency relating to land value. He requested additional air,
water, and energy information prior to Second Reading and stated documents related to the item
should have been available to the public much earlier. He stated he would not support the motion
as he cannot identify any tax generation that does not go back to the project. He commended
Woodward on being an excellent corporate citizen.
Councilmember Troxell commended the project and Woodward. He stated the City’s risk is
mitigated by the partnership.
Councilmember Poppaw thanked the speakers and stated she would support the motion. She
encouraged Woodward to increase its giving to the community as it increases its revenue.
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Councilmember Manvel thanked the speakers and commended staff for work on the item. He noted
most companies that bring jobs to Fort Collins pay taxes and fees in full; however, this is a special
company and situation and the project will be good for the City’s future.
Councilmember Horak agreed with Mayor Pro Tem Ohlson that information should have been
available to the public earlier. He commended Woodward on its job retention and noted the costs
associated with the selected property are larger than with greenfield development. He stated the
negative impacts of other types of development would be much greater and losing Woodward would
be a large detriment to the community.
Mayor Weitkunat stated this is a defining project for Fort Collins and referenced the assistance
package as a community investment.
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Kottwitz, Poppaw, Horak and
Troxell. Nays: Ohlson.
THE MOTION CARRIED.
Councilmember Kottwitz made a motion, seconded by Councilmember Troxell, to adopt Ordinance
No. 056, 2013, on First Reading.
City Attorney Roy read the changes to the Ordinance which Council received in its read-before
packet.
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw, Horak
and Troxell. Nays: none.
THE MOTION CARRIED.
(Secretary’s note: The Council took a brief recess at this point in the meeting.)
Ordinance No. 044, 2013,
Authorizing the Conveyance to Woodward, Inc. of Two Non-Exclusive
Permanent Drainage Easements and a Temporary Construction
Easement on City-Owned Property, Adopted on First Reading
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
The proposed Woodward Link-N-Greens Campus (“Woodward”) will be a master-planned campus
providing the ability to retain and grow primary jobs for the community. The campus will
accommodate Woodward’s continued growth of its current operations in Fort Collins. It also
includes adjacent commercial services that can be used by Woodward employees and the public with
close access to downtown and the Mulberry corridor. The planned campus will help to improve the
river corridor through the site including restoration of the natural river corridor landscape, habitat,
and appropriate recreation opportunities.
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The proposed use is compatible with existing and anticipated development, and supports the City’s
vision for this area. Fort Collins’ City Plan (Plan Fort Collins) identifies this site in its Targeted
Infill and Redevelopment Areas Map and denotes the Lincoln Avenue Area as one of its “Catalyst
Project Areas”. These Areas are identified as locations in the city having potential to showcase
opportunities to embrace the Plan Fort Collins vision themes of Innovate, Sustain, and Connect.
They are viewed as potential places for public/private initiatives using a triple bottom line approach
addressing economic, environmental, and social factors in a balanced manner.
For this development, Woodward has requested that the City grant Woodward two permanent
drainage easements for stormwater flows, one which would include construction of a buried
drainage pipe and the other for a graded swale. In addition, a temporary construction easement
is needed for grading, landscaping, and associated restoration work on City-owned property
adjacent to the Poudre River.
BACKGROUND / DISCUSSION
River Restoration Plan
The Link-n-Greens PDP site has been developed and used as a golf course since 1986, and is
generally characterized by irrigated turf, man-made lined ponds and trees planted in patterns that
line the golf holes. The Cache la Poudre River is the southerly boundary and the majority of the
westerly boundary of the property and the Poudre River trail is located on the property within an
easement.
City staff and the project development team have consulted extensively on habitat restoration of the
buffer zone, the area between the river and office/industrial/commercial development in the project
area. Natural Areas staff desires to use the buffer zone to achieve more natural topographic and
river flow conditions within the buffer zone and to create and expand native wetlands, cottonwood
woodlands, and upland shrublands and grasslands within the buffer zone and the extended riparian
restoration area. Project and City planning staff used evaluations of historic aerial photos, river
morphology, and existing topography to guide their development of a native riparian restoration
plan for the proposed buffer zone in the project area. A detailed plan of the resulting restoration (the
“River Restoration Landscape Regimes”) is attached. This plan would include allowing the Poudre
River to overflow its banks during high flow periods into a designed overflow channel that would
assist in creating adjacent wetlands and areas of upland floodplain forest. Early modeling is
showing that the floodplain in the downstream Springer and Williams Natural Areas will be
increased by 0.01 feet. The improvements to the floodplain to the northwest benefit the City and the
increased floodplain in the natural areas improve wetlands and upland floodplain forest. A
floodplain easement on Springer and Williams Natural Areas will not be required by the City.
Instead the City is proposing to issue a Liability Waiver to Woodward, Inc. for their Letter of Map
Revision (“LOMR”).
The north river bank is partially located on the Link-N-Greens property, but also meanders onto
adjacent City-owned parcels. In order to accomplish a more holistic landscape restoration effort,
efforts would extend beyond the Link-N-Greens property line to allow improvement along the river
bank areas regardless of property boundaries. Therefore, several temporary easement locations
have been identified on City property that will allow for grading, landscaping, and temporary
construction access required to complete this work.
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The site contains several hundred trees. Many of the trees were “development” trees planted with
the golf course. Many of these trees are ornamental, non-native species and are planted in patterns
that define the golf course holes and tees. Other trees are “pre-development” trees, mostly
associated with the river edge, areas near the Coy/Hoffman Barn, and near the northeast corner of
the property. All trees have been assessed for health, species and condition. Most of the trees
associated with the previous golf course development will be removed to accommodate the new
development pattern. Significant pre-development trees within the river buffer area, the northeast
corner of the property, and those associated with Coy/Hoffman Barn will be retained where
possible. However, as development and river restoration occurs it will be necessary to remove many
significant trees. Reasons for tree removal include:
• Poor health, as determined by the City Forester;
• Hazardous conditions;
• Regrading within the Poudre River buffer zone which will: (1) allow the river to overflow
its banks during high flow periods into a designed overflow channel that would assist in
creating adjacent wetlands and areas of upland floodplain forest; (2) achieve more natural
topographic and river flow conditions within the buffer zone and to create and expand native
wetlands, floodplain cottonwood woodlands, and upland shrublands and grasslands within
the buffer zone and the extended riparian restoration area; and (3) Incorporate bank
stabilization measures in areas identified by the City.
These habitat restoration efforts would also enhance the ecological character and function of the
river corridor, as well as enhance the natural ecological character of the site. In addition, planned
habitat restoration efforts will enhance the existing wildlife movement corridor along the river. The
habitat restoration and enhancement plans for the buffer area will meet the buffer area
performance standards specified in the City of Fort Collins Land Use Code.
Affected City Properties
The City owns several properties adjacent to the Poudre River. The attached Easement Location
Map shows the City properties and the areas where the temporary construction easement is
requested. The City parcels are as follows:
• Parcel A: Udall Natural Area – the City acquired this site in 1994 with funds from
Stormwater and Natural Resources for stormwater purposes and for a natural area.
• Parcel B: Old Pickle Plant Site, 500 Riverside Avenue – the City acquired this site in 1995
in part as buffer for Wastewater Treatment Plant #1 and Wastewater provided funds for the
purchase.
• Parcel C: Wastewater Treatment Plant, 920 East Mulberry Street: Site was purchased by
the Water Utility.
• Parcel D: City property – this site was acquired by the City in 1990 at the same time as the
Springer Natural Area at Lemay and Mulberry. When this property was acquired, the uses
included natural areas and a buffer for the Waste Water Plant #1.
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• Parcel E: Colorado Department of Transportation (“CDOT”): This property is owned by
CDOT and the City has an easement over a portion of the property for the Poudre Trail.
Staff is working to obtain this parcel from CDOT for the City.
Easements Requested by Woodward
Drainage Easements
Woodward is requesting two permanent drainage easements both located in Parcel D.
1. One permanent drainage easement located near Mulberry Street would be for the storm
water flows from Woodward’s property and a portion of storm water drainage from Lemay
Avenue. It is Woodward’s intention to construct a pipe for these flows. The easement area
is 30 feet x 100 feet and totals approximately 3,000 square feet. At this point in their design,
the easement is planned to be in the location as shown on the Easement Location Map. The
approximate width, length and total area of this easement is not expected to change during
final design; however, the exact location of the easement request may shift a few degrees or
feet, which may slightly change the total square footage of the easement.
2. The second permanent drainage easement is also located in Parcel D adjacent to the
boundary of Parcel E and the Woodward’s property. This easement is for concentrated
water flows from the water quality pond for the Woodward development. The water will
pass through a low flow public trail crossing structure and then will flow through an open
channel on the City’s property. This easement area is 60 feet x 120 feet and totals
approximately 7,200 square feet. Again, at this point in their design, this easement is
planned to be as shown on the attached Easement Location Map. As with the other drainage
easement, the width, length and total area of this easement is not expected to change during
final design; however, the exact location of the easement request may shift a few degrees or
feet, which may slightly change the total square footage of the easement.
Any necessary adjustments to the legal descriptions of either easement will be made prior to the
signing of the Deed of Easement.
Temporary Construction Easement
To complete the restoration work described above, Woodward needs a temporary construction
easement (“TCE”) in Parcels A, B, C, D and E. Woodward will be grading and restoring the areas
shown on the Easement Location Map and removing concrete from the River.
City staff is working with CDOT to obtain Parcel E. It is anticipated that this conveyance will be
completed by April 2013. Staff is requesting that Council authorize the City to grant the TCE on
this parcel to Woodward, Inc. after the City acquires the parcel. Because the Temporary
Construction Easement is partially on Parcel E, it would not be signed until the City has received
and recorded a Deed for Parcel E from CDOT.
Woodward will be responsible for restoration of all affected areas. The restoration will be detailed
in the Easement Agreement.
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The two permanent drainage easements and the temporary construction easement will not become
effective until Woodward, Inc. completes their purchase of the Link-n-Greens property.
FINANCIAL / ECONOMIC IMPACTS
All areas affected are valued at $5,000/acre. Staff has established a value of $900 for the two
permanent easements and a value of $3,590 for the temporary easement for the restoration work.
It is staff’s recommendation that we do not charge Woodward for these easements because the
benefit the City is receiving of the enhanced riverbank due to this restoration exceeds the value of
the easements. Ecosystem impact fees for the work within Natural Areas have been estimated at
$4,588 and will be further refined at the completion of the project.
BOARD / COMMISSION RECOMMENDATION
At its January 17, 2013 meeting, the Water Board unanimously voted to recommend approval of the
easements.
At its February 13, 2013 meeting, the Land Conservation and Stewardship Board voted unanimously
to recommend approval of the two non-exclusive permanent drainage easements and the temporary
construction easement.”
Helen Matson, Real Estate Services Manager, discussed the two permanent drainage easements and
one temporary construction easement to be granted to Woodward for its project.
Mayor Pro Tem Ohlson requested a staff explanation of the value of the property, which has been
mentioned to be $3 million, but the City is valuing it at $5,000 per acre. Matson replied Woodward
paid a higher amount for its land because it was included with other developable land frontage. The
City’s property is along the River and, therefore, not developable, so it is valued at a much lower
rate. City Manager Atteberry replied he cannot speak to the number mentioned by Mr. Ginsborg;
however, the City has consulted with appraisers to arrive at the $5,000 per acre figure.
Councilmember Troxell made a motion, seconded by Councilmember Manvel, to adopt Ordinance
No. 044, 2013, on First Reading.
Councilmember Manvel asked about a CDOT-owned property on the map. Matson replied CDOT
acquired the property in the late 1940s for work it was doing on Mulberry. It is an abandoned
property and will be quick claim deeded to the City at some point in the near future.
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Kottwitz, Ohlson, Poppaw, Horak
and Troxell. Nays: none.
THE MOTION CARRIED.
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Resolution 2013-027
Adopting the Affordable Housing Redevelopment Displacement Mitigation Strategy,
a Strategic Plan for Preserving Affordable Housing,
including Mobile Home Parks and Other Types of Affordable Housing, Adopted
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
The City Council placed the development of an “Affordable Housing Relocation Strategic Plan” on
its 2012 Work Plan. The purpose of the Strategic Plan was to develop City policies and
requirements applicable to redevelopment projects by defining the City’s role, responsibilities,
obligations, and involvement in redevelopment projects which cause the displacement of low-income
people from their homes (with an emphasis on mobile home parks), whether they are located inside
the city limits or within the City’s Growth Management Area (GMA), within the restrictions of the
City Charter.
The Affordable Housing Redevelopment Displacement Mitigation Strategy identifies strategies to
preserve existing affordable housing units. It also clarifies City and property-owner/redeveloper
responsibilities and obligations to residents when redevelopment projects cause the displacement
of low-income people from their homes.
BACKGROUND / DISCUSSION
City policies contained in City Plan, the City’s Comprehensive Plan, and the Affordable Housing
Strategic Plan 2010-2014, encourage the preservation of existing affordable housing units, list
manufactured housing/mobile homes as an important component of the community’s housing stock,
and call for the mitigation of impacts on residents displaced through the closure of mobile home
parks due to redevelopment activities.
The City Council placed the development of an “Affordable Housing Relocation Strategic Plan” on
its 2012 Work Plan to address City policies contained in City Plan and the Affordable Housing
Strategic Plan 2010-2014. This past fall, City staff, with the assistance of a consulting team, began
an effort to clarify the City’s role, responsibilities, and obligations in avoiding the loss of affordable
housing and dealing with relocation issues when redevelopment causes the displacement of low-
income people from their homes. The Affordable Housing Redevelopment Displacement Mitigation
Strategy addresses the City Council’s request for a change to the current ad hoc, case-by-case
methods of dealing with the loss of affordable housing and mobile home parks.
For a variety of reasons, a couple of mobile home parks recently closed in Fort Collins, and since
the mid-1990s a total of five parks have closed. These closures displaced park residents and caused
them to relocate. In all of the displacement cases, City staff provided support and collaborated with
other agencies to relocate or find other housing for park residents. While there were some
similarities in these park closures, the City’s involvement varied, and was basically handled on an
ad hoc, case-by-case basis.
Affordable multi-family rental units are typically considered the more common form of low-income
housing in the community. In 2010, the City Council adopted the Affordable Housing Strategic Plan
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2010-2014, which contains four priority goals for the development of additional affordable housing;
the preservation of existing affordable units; the addition of units and facilities for special
populations (homeless, seniors, etc.); and offering additional home ownership opportunities for low-
income families. The City already has several programs in place to acquire, manage, and preserve
apartments on a non-profit basis to keep rents at affordable levels and to provide assistance to first-
time home buyers.
Manufactured/mobile homes are a unique form of low-income housing. Many mobile home
residents are homeowners (they own their unit) but lease the land on which their home is located.
Closure/redevelopment of a mobile home park means that unit owners must move not only their
personal belongings, but also must move the unit itself, or find another form of housing – a
challenging and stressful situation for residents.
The following table presents a comparison of the number of units in designated affordable housing
multi-family apartment/condo complexes, where rents are limited to levels affordable to low-income
families and that contain long-term commitments (e.g., 30 years) for affordability, versus the
number of manufactured/mobile housing units located in mobile home parks within the City limits
and boundaries of the Growth Management Area (GMA).
Number of Units Category
1,969 Designated Affordable Housing Units
in Multi-Family Apartment/Condo Complexes
2,781 Mobile/Manufactured Housing Units
within the City Limits and GMA boundary.
While not every family residing in a mobile home park qualifies as low-income, information from
key stakeholder groups, including mobile home park property-owners/managers and park residents,
indicates that the vast majority of residents are low-income (including many seniors on fixed
incomes). Thus, from the table data above, mobile home units represent a significant proportion
of the city’s inventory of lower cost/affordable housing. However, there are no requirements that
lot rents remain affordable to low-income families, and there no affordability period guarantees
with any of the mobile home parks. Most mobile home park residents are on month-to-month leases.
The Affordable Housing Redevelopment Displacement Mitigation Strategy is a strategic plan that
deals with displacement mitigation of families forced to relocate due to redevelopment activities.
But, the strategic plan also deals with preservation and stabilization options to reduce the potential
for future redevelopment and displacement of low-income residents. Simply put, if a affordable
rental unit and/or mobile home park can be stabilized and preserved, it reduces the probability of
needing to deal with relocation issues in the future. Topics covered in greater detail in the strategic
plan include:
• A review of current City policies from City Plan and the Affordable Housing Strategic Plan
2010-2014.
• An inventory and analysis of apartments with income controls and required affordability
periods and manufactured/mobile home parks.
• Options to discourage the loss of affordable housing including affordable rental units and
mobile home parks including:
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N Acquisition of designated affordable units by non-profit agencies (e.g., the Fort
Collins Housing Authority) to preserve them in the affordable housing inventory.
N Rezoning of mobile home parks into a Manufactured/Mobile Home Park District.
N Financial assistance for infrastructure maintenance and upgrades.
N Resident purchase of mobile home parks.
• Options to mitigate the impacts of dislocation from affordable housing including:
N Requirements of the Federal Uniform Relocation Act.
N Requirements of the Fort Collins Urban Renewal Authority.
N Additional notice of mobile home park closure.
N Requirements for a Relocation Report.
N Required payment of relocation costs.
• Summary of the public involvement process.
City Council Work Session, October 23, 2012
On October 23, 2012, the planning team (staff and consultants) conducted a work session with the
City Council to review mobile home park preservation techniques and relocation assistance
requirements to mitigate the impact on residents displaced and forced to relocate due to a
redevelopment project. The team was seeking feedback from the Council as to the level of comfort
the Council may have with some of the preservation techniques and relocation assistance
requirements researched by the team so far in the planning process. A summary of the work session
is attached (see Attachment 1). Council gave direction to the planning team to keep all options on
the table, with one exception (the Notice of Vacancy “Illegal Closures”), and to process them
further with the stakeholder groups and the public, before returning to the Council for final
decisions. While Council kept many options on the table, it did not mean that all options would
eventually be supported and adopted by the Council.
FINANCIAL / ECONOMIC IMPACTS
Through the provision of affordable housing, more of Fort Collins’ work force can reside within the
community. This means there is an available labor pool within the city, which is a positive benefit
to economic sustainability. Residents of affordable housing include teachers, emergency services
personnel, retail clerks, office support staff, etc., who all provide needed goods and services to Fort
Collins residents on a daily basis.
Redevelopment projects can produce significant benefits for Fort Collins, whether in increased sales
and property tax, or by removing blighted or underused properties, or by generating jobs or
employment. So, it is always wise to consider whether some types of redevelopment should be
exempted from displacement mitigation strategies because they could produce benefits to the City
that offset (or more than offset) the costs they impose on current residents of the property.
Requirements for redevelopment projects to pay the relocation costs of displaced low-income
families would eliminate the need for the City to consider contributing funds for relocations
purposes. Requirements for redevelopment projects to pay for the relocation of displaced families
will increase the costs of the redevelopment project and could make some projects economically
infeasible.
ENVIRONMENTAL IMPACTS
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Affordable housing helps provide for a healthy environment. By offering affordable housing options
for low-income people, more of Fort Collins’ work force can live in the community instead of being
forced to live outside the community and commute into the city for work. This helps reduce traffic
congestion and, thus, improves air quality.
Affordable housing developers, including for-profit and non-profit agencies, are utilizing green
building practices. Green building practices are being used in both new construction and major
rehabilitation of existing housing unit projects. These practices include geothermal applications
and other energy saving techniques.
Most new affordable housing developments and significant rehabilitation projects utilize financial
subsidies from federal grant programs (e.g., CDBG and HOME). Utilization of federal funds
requires an Environmental Assessment and an analysis of floodplain hazards, noise, hazardous
materials, etc.
STAFF RECOMMENDATION
Staff recommends adoption of the Affordable Housing Redevelopment Displacement Mitigation
Strategy.
Affordable rental units (apartments and homes), mobile homes (pre-1976), and manufactured homes
(1976 and later, which meet HUD safety standards) remain an important source of affordable
housing in Fort Collins and Larimer County. When affordable residential units are lost, they
compound the difficulty of meeting the city’s affordable housing needs. Many of the existing
mobile/manufactured homes are located in mobile home parks, which raise challenges when mobile
home parks are redeveloped for other uses. Mobile/manufactured home owners own their homes
but rent the spaces where they are located. When mobile home parks close, residents need to move
their homes to other locations, which is complicated by the fact that many homes are old and
difficult to move and spaces in mobile home parks are often in short supply (particularly for older
homes). If the mobile/manufactured home cannot be moved, the owner faces the loss of not just a
place to live but an asset that they have purchased. In recent years, Fort Collins has experienced
several mobile home park closures, has been asked to assist in relocating residents, and has done
so on an ad hoc, case-by-case basis. The Affordable Housing Redevelopment Displacement
Mitigation Strategy document sets a strategic policy direction for the City to address these issues
in a more consistent way in the future.
The Affordable Housing Redevelopment Displacement Mitigation Strategy recommends that the City
of Fort Collins take the following seven steps to address the above issues, each of which is described
in more detail in the Strategic Plan document. Some of the following recommended steps have been
modified from the Public Review Draft document based on recommendations by the Affordable
Housing Board and/or the Planning and Zoning board - the footnotes help explain the changes. A
table comparing the initial recommendations in the Public Review Draft and changes made and
contained in the Affordable Housing Redevelopment Displacement Mitigation Strategy document
presented to the City Council is provided in the Board/Commission Recommendations section below.
1. Continue to expand the inventory of “designated affordable” dwelling units, buildings, and
complexes through current programs administered by the Fort Collins Housing Authority,
other non-profit affordable housing agencies, and private developers.
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2. Continue to offer relocation assistance to those residents of affordable units redeveloped
with the use of federal, Fort Collins Urban Renewal Authority (FCURA), or other City funds,
but do not extend a requirement to pay relocation expenses in private redevelopment
projects that do not use public funds and do not require a discretionary land use decision
by the City.1
3. Draft a Manufactured Home Park Zoning District and rezone into that district those mobile
home parks that are relatively large and can serve as significant sources of affordable
housing for the long term. From 1965 to 1997 the City of Fort Collins had two mobile home
park zoning districts and most of the existing mobile home parks located inside the city limits
were zoned in one of those districts. A copy of the City’s former M-M Medium Density
Mobile Home Park district is attached for reference (see attachment 2).
4. Create a loan or grant program, or use the existing financial assistance competitive process,
that would be available to finance significant investments in new or existing affordable
housing infrastructure that would be available to those larger mobile home parks willing to
commit to continuing operation of their mobile home parks for a at least 10 years.2
5. Require a one (1) year notice of closure period for mobile home parks (rather than the 6
month minimum notice required by the state). As an alternative, allow a six (6) month
closure notice if the park owner delivers to each resident on or before the notice date a
detailed Relocation Report listing all available mobile home park spaces available within
25 miles, providing the contact information for each of those park owners, and including
documented estimates of the costs of moving mobile/manufactured homes to those locations.
In addition, the notice provision shall also alert residents that the park may be closed before
the mandatory notice period has expired if all park residents have been successfully
relocated to each party’s mutual satisfaction.3
6. Require that redevelopment projects involving City financial assistance or a discretionary
land use decision by the City pay (a) actual costs of relocating owner occupied
mobile/manufactured homes to a new site within a 25 mile radius of the mobile home park,
up to a maximum of $6,000 for a single-wide home and $8,000 for a double-wide home, and
(b) the actual value (as determined by the County Assessor) of any home that is structurally
able to be moved but that cannot be moved due to the unavailability of any spaces within 25
miles, and (c) one-half of the actual value (as determined by the County Assessor) of any
1 The Fort Collins Urban Renewal Authority is currently considering narrowing its relocation assistance policies to
apply only when there is an eminent domain/condemnation action by the URA. This policy change would have a
significant impact on mobile/manufactured home owners, since they do not own the land that is the subject of the
condemnation action and generally do not participate in the negotiations. This represents a departure from federal
Uniform Relocation Act requirements followed by the Fort Collins URA in the past, which were designed to protect
renters in these types of situations.
2 Wording revised to broaden applicability to all affordable housing infrastructure, as
recommended by Planning and Zoning Board.
3 Wording revised to reflect recommendations of the Affordable Housing Board.
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March 26, 2013
mobile/manufactured homes that cannot be moved due to structural weakness or poor
condition.4
7. Build the capacity of homeowner groups, non-profit affordable housing providers, and
support organizations to purchase affordable housing types, including mobile home parks,
offered for redevelopment and manage them as long-term sources of affordable housing.5
BOARD / COMMISSION RECOMMENDATION
Affordable Housing Board
The Affordable Housing Board conducted a public hearing on February 7, 2013, to solicit comments
on the Public Review Draft of the Affordable Housing Redevelopment Displacement Mitigation
Strategy. The Board recommended changes to two of the seven recommendations as contained in
the Public Review Draft of the Affordable Housing Redevelopment Displacement Mitigation
Strategy. These changes have been incorporated into the recommendations listed in the previous
section. A copy of the Board’s meeting minutes is attached (see Attachment 3).
Planning and Zoning Board
The Planning and Zoning Board conducted a special public hearing on March 15, 2013, to solicit
comments on the Public Review Draft of the Affordable Housing Redevelopment Displacement
Mitigation Strategy. Minutes of the March 15, 2013, Planning and Zoning Board Meeting are
attached (see Attachment 4).
Presented below is a table comparing the recommendations as contained in the Public Review Draft
document, to the changes recommended by the Affordable Housing Board, to the changes
recommended by the Planning and Zoning Board, and whether or not changes were made to the
recommendations in the Affordable Housing Redevelopment Displacement Mitigation Strategy
document presented to Council.
Comparison of Recommendations from Affordable Housing Board and Planning and Zoning
Board
Public Review Draft ó City Council Document
Public Review Draft
Recommendations
Affordable Housing
Board
Recommendations
Planning and Zoning
Board
Recommendations
City
Council
Document
1. Continue to expand the
inventory of “designated
No change No change No change
4 Affordable Housing Board recommended that this provision be strengthened, and Planning and
Zoning Board recommended that it be deleted. Recommendation remains unchanged from Public
Review Draft, except that relocation cost caps recommended by the AHB have been included.
5 Wording revised to reflect Planning and Zoning Board recommendation to broaden impact to
include purchase of all types of affordable housing.
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March 26, 2013
Public Review Draft
Recommendations
Affordable Housing
Board
Recommendations
Planning and Zoning
Board
Recommendations
City
Council
Document
affordable” dwelling
units, buildings, and
complexes through current
programs administered by
the Fort Collins Housing
Authority, other non-profit
affordable housing
agencies, and private
developers.
2. Continue to offer relocation
assistance to those
residents of affordable
units redeveloped with the
use of federal, Fort
Collins Urban Renewal
Authority (FCURA), or
other City funds, but do
not extend a requirement
to pay relocation expenses
in private redevelopment
projects that do not use
public funds.
No change No Change No change
3. Draft a Manufactured
Home Park Zoning
District and rezone into
that district those mobile
home parks that are
relatively large and can
serve as significant
sources of affordable
housing for the long term.
No change Do Not Include
Inconsistent with
Comprehensive Plan
and current zoning
criteria –
Recommen
ded
Strategy
remains in
City
Council
document
4. Create a loan or grant
program, or use the
existing financial
assistance competitive
March 26, 2013
Public Review Draft
Recommendations
Affordable Housing
Board
Recommendations
Planning and Zoning
Board
Recommendations
City
Council
Document
continuing operation of
their mobile home parks
for a at least 10 years.
water, sewer, septic,
or road new or
existing affordable
housing infrastructure
that would be
available to those
larger mobile home
parks willing to
commit to continuing
operation of their
mobile home parks for
a at least 10 years.
5. Require a one (1) year
notice of closure period
for mobile home parks
(rather than the 6 month
minimum notice required
by Colorado law).
However, as an
alternative, the City could
offer to allow a six (6)
month closure notice if the
park owner delivers to
each resident on or before
the notice date a detailed
Relocation Report listing
all available mobile home
park spaces available
within 25 miles, providing
the contact information for
each of those park owners,
and including documented
estimates of the costs of
moving
mobile/manufactured
homes to those locations.
In addition, the ordinance
should provide an
incentive for the park
owner to assist in
relocation by providing
that park may be closed
before the mandatory one
year notice period has
Recommend substitute
March 26, 2013
Public Review Draft
Recommendations
Affordable Housing
Board
Recommendations
Planning and Zoning
Board
Recommendations
City
Council
Document
expired if all park
residents have been
successfully relocated.
that the park may be
closed before the
mandatory notice
period if all park
residents have been
successfully relocated to
each party’s mutual
satisfaction.
6. Require that
redevelopment projects
pay (a) actual costs of
relocating owner occupied
mobile/manufactured
homes to a new site within
a 25 mile radius of the
mobile home park and (b)
pay at least a portion of
the value of units that
cannot be moved.
• Note – this applies
only to projects
involving city
financial assistance
or a discretionary
land use decision.
Require that mobile
home park owners or
redevelopers pay (a)
actual costs of
relocating
mobile/manufactured
homes to a new site
within 25 miles of the
redevelopment site, with
a maximum relocation
cost of $6,000 for a
single-wide unit and
$8,000 for a double-
wide unit, (b) the actual
value of any home (as
determined by the
County Assessor) that is
structurally able to be
moved but that cannot
be moved due to the
March 26, 2013
Public Review Draft
Recommendations
Affordable Housing
Board
Recommendations
Planning and Zoning
Board
Recommendations
City
Council
Document
or land use decision
7. Build the capacity of
homeowner groups, non-
profit affordable housing
providers, and support
organizations to purchase
mobile home parks offered
for redevelopment and
manage them as long-term
sources of affordable
housing.
No change Recommend revised
text:
“Build the capacity of
homeowner groups,
non-profit affordable
housing providers, and
support organizations
to purchase affordable
housing types,
including mobile home
parks offered for
redevelopment and
manage them as long-
term sources of
affordable housing.”
PZ Board
revised
text
included
in City
Council
document
Summary of Significant Differences
• Recommendation #3 - Create a Mobile Home Park Zoning District and rezone several
mobile home parks into the new zone to help preserve them. The Planning and Zoning
Board does not support a new mobile home park zone. The Affordable Housing Board
supports the recommendation.
• Recommendation #6 - Require redevelopment projects to pay displacement relocation costs.
The Affordable Housing Board supports the recommendation and sets limits as to the
amounts of assistance to individual unit owners. The Planning and Zoning Board does not
support the recommendation and, instead, suggests establishment of an impact fee or use of
TIF to fund relocation costs and the development of additional affordable housing.
PUBLIC OUTREACH
The involvement of stakeholder groups, the general public, and City boards and commissions was
a very important component of this project. Three key stakeholder groups were identified and have
been involved in the project, including: (1) mobile home park property-owners; (2) mobile home
park residents (unit owners and renters) and interested citizens; and (3) affordable housing and
March 26, 2013
Two key City advisory boards have been involved in the process, the Affordable Housing Board,
because mobile homes are a low cost, affordable housing component of the community’s housing
stock, and the Planning and Zoning Board, because future redevelopment of mobile home parks will
likely involve decisions by the Board.
Two departments of the Larimer County government were also involved, including the Planning
Department and the Environmental Health Department.
Stakeholder / Public Meetings
Three stakeholder informational meetings were scheduled in September 2012 as part of the first
phase of the public process for the project. The three meetings for the specific stakeholder groups
included: (1) manufactured/mobile home park property-owners; (2) manufactured/mobile home
owners, park residents, and interested citizens; and (3) affordable housing and social service
agencies. Notes from these initial informational meetings are attached (see Attachment 5).
In November 2012, a second set of stakeholder meetings were conducted to provide a project update
and report on the results of the October 23, 2012, City Council work session about how to mitigate
the impacts to residents when manufactured/mobile home parks are redeveloped for other uses.
Topics covered at the meetings included the following:
• Mobile Home Park Preservation and Stabilization Techniques
N Mobile Home Park Zoning District
N Resident Purchase of Mobile Home Parks
N Infrastructure Maintenance/Replacement Financial Assistance
• Notice of Park Closure
N Relocation Assistance Requirements
N Relocation Report
N Payment of Relocation Costs
Notes from these second set of stakeholder meetings are attached (see Attachment 6).
Open House
On January 24, 2013, an Open House was conducted to present the Public Review Draft of the
Affordable Housing Redevelopment Displacement Mitigation Strategy. Printed copies of the draft
strategic plan document were available at the open house. The document was also available for
viewing on the project’s web site. Flyers announcing the open house, as well as the future public
hearings by the Affordable Housing Board, the Planning and Zoning Board, and the City Council,
were mailed to all 23 mobile home park property-owners and to 3,600+ residents (unit owners and
renters) of mobile home parks, located both inside the City limits and within the Growth
Management Area. Flyers were also sent via email to citizens who had attended previous
stakeholder meetings and/or who indicated they wished to receive notices of additional meetings by
submitting their email address on the project’s web page, and to selected staff of affordable housing
and social service agencies.
The open house contained a series of 15 informational boards highlighting the key points of the
strategic plan to preserve affordable housing units, including mobile home parks, and the proposed
539
March 26, 2013
requirements for the payment of relocation assistance to displaced residents. Members of the
planning team (staff and consultants) were available to answer questions and provide additional
information. Approximately 80 people attended the open house. Most attendees were residents of
mobile home parks, but a few park owners and staff from affordable housing agencies also attended.
Attendees were encouraged to fill out comment cards or complete the on-line survey using available
laptop computers.
Survey Results and Selected Public Comments
The Public Review Draft of the Affordable Housing Redevelopment Displacement Mitigation
Strategy was posted for public review on the project’s web site on January 10, 2013. In order to
obtain additional detailed feedback on the strategic plan, the planning team organized an on-line
survey that was posted on the web site and publicized on January 11, 2012. The survey was not a
random sample, statistically valid survey to obtain results that could be equated to being
representative of opinions of a larger group of people in the community. Anyone could visit the
project’s web site and participate in the survey.
Public input from the survey and comment cards were integrated and the results are summarized
in the Affordable Housing Redevelopment Displacement Mitigation Strategy.”
Ken Waido, Chief Planner, stated Council will have the option of several strategies to deal with the
loss of affordable housing and mobile home parks, the details of which will be formulated in the
future. Waido detailed the two components of the plan: options for maintaining or sustaining
affordable housing and mobile home parks, and the requirements for relocation mitigation and
assistance. He discussed the three strategies presented for preservation or stabilization: a mobile
home park district, aiding in funding infrastructure maintenance and replacement for mobile home
parks, and resident ownership of mobile home parks. The strategies presented regarding mobile
home park closures are as follows: increasing the time of notice of closure from the minimum 6
months required by the State, requiring a relocation report about potential relocation sites to
residents, and requiring payment of relocation costs from a redevelopment project. Waido discussed
the public outreach process and recommendations to continue to add to the affordable housing stock,
continue to offer relocation assistance, draft a mobile home park zone, assist with financial
assistance for infrastructure improvements, extend the notice of closure to one year, require the
payment of relocation costs, and work with the residents to establish homeowners associations.
Eric Sutherland, 3520 Golden Currant, stated tax sharebacks should be used for housing assistance.
Patrick Edwards, 1731 Valley Forge, stated residents should not be forced to move from their
homes.
Zach Heath, 35 South Sunset, discussed an article on rent and supported the adoption of a strategic
plan to preserve affordable housing.
Tawny Payton, Rocky Mountain Home Association Executive Director, discussed the manufactured
home industry and noted it is not subsidized but still supports the need for affordable housing. She
opposed the adoption of the strategic plan.
540
March 26, 2013
Dave Bell, Fort Collins resident, stated a one year notice of closure is not long enough and
relocation costs should come from the developer.
Chris Seifert, AMC, Inc., stated infrastructure upgrades are often not affordable by smaller park
owners and stated larger operators will not want to purchase the parks due to cost.
Rose Lew, 2014 Westview Road, supported the strategic plan and the Affordable Housing Board
recommendations.
Melissa Dougherty, American Land Lease, owner of Skyline community, expressed support for
affordable housing but expressed concern regarding three of the recommendations, including the
creation of a mobile home zone.
Keith Cowan, 400 Hickory Street, owner of Hickory Village Mobile Home Park, opposed the sales
tax on mobile homes.
Brittan Cook, mobile home park manager, opposed recommendations 3, 5, and 6, particularly the
relocation cost issue, as deterrents to growth.
Shraka Martin, Fort Collins resident, supported the strategic plan.
Sara Cunningham, Skyline community manager, opposed recommendations 3, 5, and 6.
Cheryl Distaso, Fort Collins Community Action Network, supported the strategic plan.
Christian Hendrickson, Rocky Mountain Home Association counsel, opposed recommendations 3,
5, and 6.
Nancy York, 130 South Whitcomb, discussed the juxtaposition between the Woodward business
assistance package and affordable housing. She supported the strategic plan.
Mayor Weitkunat commended the staff work and report. She asked what determined the final
recommendations. Waido replied staff made the decision to bring forward a slightly changed
document, though the intent and effect of the recommendation remained unchanged.
Mayor Weitkunat requested a staff response to the concerns regarding recommendations 3, 5, and
6. Waido replied there were differences between mobile home park owners and residents and stated
the major concerns of residents were lot rent increases and longevity of parks. He stated the
rezoning would apply to the largest parks with a high percentage of ownership of units. The
rezoning could help stabilize and preserve those parks, though there is no guarantee it may not
redevelop in some fashion. The details of potential development of a mobile home zone district
would be developed following a Council recommendation to proceed. Shelby Sommer, Clarion and
Associates, discussed the one year notice requirement recommendation, which is supported by
residents but deemed too long by park owners and managers. She noted a relocation report would
decrease that time to as little as 6 months to aid in the concerns of the development community. In
terms of relocation costs, Ms. Sommer stated the Affordable Housing Board does support the
recommendation; however the Planning and Zoning Board does not. The recommendation is for
541
March 26, 2013
development projects to pay relocation costs if there is City funding assistance and/or if land use
approval is sought.
Councilmember Troxell asked about the focus on manufactured housing rather than a more broad
focus on affordable housing. Waido replied the designated affordable housing component is the top
goal of the City’s affordable housing strategic plan and the City does provide financial assistance
and development incentives to maintain and add to that inventory.
Councilmember Troxell expressed concern that recommendations 3, 5, and 6 are counter to
affordable housing. He argued the plan should be more forward thinking on other housing types
rather than focused on existing developments. Waido replied mobile home residents are often not
interested in changing their housing style. Ms. Sommer noted the Planning and Zoning Board
recommended applying recommendations 1, 2, 4 and 7 to all types of affordable housing.
Councilmember Poppaw noted the contribution from the City in the case of the Bender Mobile
Home Park relocation dramatically outweighed the contributions from the developer and land
owner.
Councilmember Horak asked what the adoption of this Resolution would mean. Waido replied the
recommendations would set some broad parameters for strategies to be developed further by staff.
Mayor Pro Tem Ohlson asked about the use of tax increment financing. Joe Frank replied the URA
legislation allows the use of TIF for relocation and requires the URA to pay expenses in the case of
eminent domain. The City’s Urban Renewal Authority pays relocation costs.
Mayor Pro Tem Ohlson questioned why the developer and land owners are mentioned as paying
those costs. Mr. Frank replied few of the mobile home parks are in the Urban Renewal Authority
area.
Councilmember Horak made a motion, seconded by Councilmember Poppaw, to adopt Resolution
2013-027.
Councilmember Horak noted this is a strategic plan to aid in the conscious consideration of
affordable housing issues.
Councilmember Manvel commended staff work on the item and stated this plan is a good first step.
Councilmember Poppaw commended staff work on the item and thanked Ms. Distaso for her work
on the issue. She stated she would support the motion.
Mayor Weitkunat questioned whether or not support of the motion is support of the seven elements
as written. For example, she opposed drafting a manufactured home park zone district.
Mayor Pro Tem Ohlson stated adoption of this plan would mean development of the
recommendations which will then be presented to Council for consideration in the future.
542
March 26, 2013
Councilmember Troxell expressed support for affordable housing but questioned the specificity of
the plan with regard to mobile homes. He stated he would support a broader, more systemic plan.
Mayor Pro Tem Ohlson stated he would support the motion but noted the Ordinances that would
implement the plan are the items which will make a difference.
The vote on the motion was as follows: Yeas: Poppaw, Horak, Manvel and Ohlson. Nays:
Weitkunat, Kottwitz and Troxell.
THE MOTION CARRIED.
Extension of the Meeting
Councilmember Manvel made a motion, seconded by Mayor Pro Tem Ohlson, to extend the meeting
to consider the remainder of the agenda. Yeas: Weitkunat, Manvel, Ohlson and Poppaw. Nays:
Kottwitz, Troxell and Horak.
THE MOTION CARRIED.
Ordinance No. 048, 2013,
Amending Chapter 10 of the City Code Relating to Development
in the Poudre River Floodplain, Adopted on Second Reading
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
The final component of the Stormwater Repurposing program is to review the level of regulation
protecting life and property for areas within the Poudre River floodplain. This Ordinance, adopted
on First Reading on March 18, 2013 by a vote of 5-1 (Nays: Ohlson), revises City Code to establish
a “performance-based” criteria and regulation that places more emphasis on life safety through
advance warning and evacuation. An effective date of July 1, 2013 has been established so that
advance notice can be provided to property owners and applicants for development submittals.
The Ordinance contains revised Code language to include an additional provision described in the
staff presentation on First Reading at the March 18, 2013 Council meeting. The provision states
that an Emergency Response and Preparedness Plan (ERPP) will not be required in situations
where structures or portions of structures will be removed from the 100-year floodplain and dryland
access will be provided through the construction of new improvements associated with a FEMA-
approved Conditional Letter of Map Revision in advance of a Letter of Map Revision or Physical
Map Revision pursuant to §10-80(a)(1).”
Ken Sampley, Stormwater and Floodplain Manager, stated a provision was added to clarify that the
properties who were going to take their development outside of the floodplain would not need an
emergency response plan. Additionally, it was determined there are only four residential properties
in the City limits and seventy-two properties in the growth management area that are within the
floodplain; therefore the staff recommendation is to not require an emergency response plan for
those residences.
543
March 26, 2013
Councilmember Horak made a motion, seconded by Councilmember Manvel, to adopt Ordinance
No. 048, 2013, on Second Reading.
Mayor Pro Tem Ohlson stated he would not support the motion as there was a systemic failure of
process and product.
The vote on the motion was as follows: Yeas: Weitkunat, Manvel, Kottwitz, Horak and Troxell.
Nays: Ohlson and Poppaw.
THE MOTION CARRIED.
Resolution 2013-028
Making Findings of Fact and Conclusions Regarding the Appeal of the
Decision of the Planning and Zoning Board to Approve Sign Modifications
for the Foothills Mall Redevelopment Project Development Plan, Adopted
The following is the staff memorandum for this item.
“EXECUTIVE SUMMARY
On February 7, 2013, the Planning and Zoning Board approved three modification of standards
requests pertaining to two electronic message center ground signs proposed to be located along the
South College Avenue frontage of the Foothills Mall Redevelopment project. On February 21, 2013,
Mayor Pro Tem Kelly Ohlson filed a Notice of Appeal with the City Clerk, appealing the Planning
and Zoning Board’s approval of the three modifications.
On March 19, 2013, City Council took the following actions:
1. Mayor Pro Tem Ohlson, the Appellant, withdrew his appeal of the Planning and Zoning
Board’s decision to grant a modification to allow two electronic message center signs to
exceed fifty percent (50%) of the total area of the sign face (Section 3.8.7(M)(4)(d) of the
Land Use Code).
2. By a vote of 5 - 0, the City Council upheld the Planning and Zoning Board’s decision to
grant a modification to allow two electronic message center signs along the South College
Avenue frontage of the development (Section 3.8.7(M)(4)(h) of the Land Use Code).
3. With regard to the Planning and Zoning Board’s decision to grant a modification to allow
two electronic message center signs to display messages in full color, the City Council, by
a vote of 3 – 2 (Nays: Troxell, Kottwitz), determined that the Planning and Zoning Board
failed to properly interpret and apply the relevant provisions of the Land Use Code, the
unique hardship standard in particular, and that the Board erred in its determination that
the granting of the modification would not be detrimental to the public good. This vote
resulted in the City Council overturning the decision of the Planning and Zoning Board to
allow full color message displays.
4. The City Council modified the approval by the Planning and Zoning Board of the Foothills
Mall Redevelopment Project Development Plan by adding a new condition to that approval
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March 26, 2013
which requires that electronic message center signs must comply with the manner of display
required by Section 3.8.7(M)4)(c).
In order to finalize this appeal process, Council is required to adopt a Resolution making findings
of fact and finalizing its decision on the Appeal.
BACKGROUND / DISCUSSION
Mayor Pro Tem Ohlson’s Notice of Appeal did not contain any specific grounds for the appeal but
did include a general description of the issues to be considered on appeal. The issues centered on
the Planning and Zoning Board’s approval of modification requests to:
1. Section 3.8.4(M)(4)(c) - Allow two electronic message center signs (a.k.a. digital signs) to
display messages in full color rather than in one color;
2. Section 3.8.4(M)(4)(d) - Allow the size of two electronic message center signs to exceed fifty
(50%) of the total area of the sign face. Specifically, allow the size of each of the two signs
to be sixty-four percent (64%) of the total area of the sign.
3. Section 3.8.4(M)(4)(h) - Allow more than one electronic message center signs along the
South College Avenue frontage of the development. Specifically, allow two such signs along
the frontage, with the signs separated by a distance of 1164 feet.
At the March 19, 2013 hearing on the matter, Council considered the testimony of City staff, the
applicant, the appellant, and other parties in interest. After consideration of the record and
discussion, City Council took the actions described above in the Executive Summary.”
Mayor Weitkunat recused herself from the discussion of this item due to a conflict of interest.
Councilmember Poppaw recused herself from the discussion of this item as she did not participate
in the appeal hearing.
Patrick Edwards, 1731 Valley Forge, supported the Resolution.
Councilmember Horak made a motion, seconded by Councilmember Manvel, to adopt Resolution
2013-028. Yeas: Horak, Manvel and Ohlson. Nays: Kottwitz and Troxell.
THE MOTION CARRIED.
Adjournment
Mayor Pro Tem Ohlson made a motion, seconded by Councilmember Manvel, to adjourn to 6:00
p.m. on March 27, 2013, so that the Council may consider any additional business that may come
before the Council, including a possible Executive Session. Yeas: Weitkunat, Manvel, Kottwitz,
Ohlson, Horak and Troxell. Nays: none.
THE MOTION CARRIED.
545
March 26, 2013
The meeting was adjourned at 11:12 p.m.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
546
March 27, 2013
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting - 6:00 p.m.
An adjourned meeting of the Council of the City of Fort Collins was held on Wednesday, March 27,
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, Kottwitz, Manvel, Ohlson, Troxell, and
Weikunat.
Councilmembers Absent: Poppaw
(Secretary’s note: Councilmember Kottwitz arrived at 6:08 p.m.)
Staff Members Present: Atteberry, Nelson, Roy.
Executive Session Authorized
Mayor Pro Tem Ohlson made a motion, seconded by Councilmember Horak, to adjourn into
executive session as permitted under Section 2-31(a)(2) of the City Code for the purpose of meeting
with the City Attorney, City Manager and other affected members of City staff to discuss legal
issues and potential litigation. Yeas: Horak, Manvel, Ohlson, Troxell, and Weikunat. Nays: none.
THE MOTION CARRIED.
Adjournment
At the conclusion of the executive session, the meeting was adjourned at 6:30 p.m.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
547
April 23, 2013
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting - 6:00 p.m.
An adjourned meeting of the Council of the City of Fort Collins was held on Tuesday, April 23,
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: Campana, Cunniff, Horak, Overbeck, Poppaw,
Troxell, and Weitkunat.
Staff Members Present: Atteberry, Nelson, Roy.
Items Relating to the Oil and Gas Operator Agreement
Between the City and Prospect Energy, LLC., Continued to May 21, 2013
The following is the staff memorandum for these items.
“EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 057, 2013 Terminating the Moratorium Imposed by
Ordinance No. 145, 2012 with Respect to Oil and Gas Operations Conducted under an Oil
and Gas Operator Agreement Between the City and Prospect Energy, LLC and Exempting
Such Operations from the Prohibitions Contained in Section 12-135 of the City Code
(Options 1 and 2).
B. Resolution 2013-036 Approving an Amendment to the Oil and Gas Operator Agreement
Between the City and Prospect Energy, LLC (Options 1 and 2).
On March 19, 2013, Council approved an Operator’s Agreement with Prospect Energy to conduct
oil and gas operation in the city limits. The terms of the Agreement ensure stringent public health
and safety measures are in place through Best Management Practices (BMPs), which generally
exceed current requirements mandated by the Colorado Oil and Gas Conservation Commission
(COGCC), and provide strict controls on the release of methane gases and other volatile organic
compounds (VOCs). The Council also adopted on First Reading, Ordinance No. 057, 2013, by a vote
of 5-1 (nays: Ohlson, absent: Poppaw), removing the Moratorium imposed by Ordinance No. 145,
2012, with respect to an Oil and Gas Operator Agreement with Prospect Energy.
• Option #1- Amended Operator Agreement Resolution 2013-036
Resolution 2013-036 will further amend the Operator’s Agreement with Prospect Energy to clarify
that (1) no new drilling will occur in any plugged or abandoned well in the Fort Collins Field and
that (2) all Colorado Oil and Gas Conservation Commission rules to be effective August 1, 2013 will
apply to any exploration and drilling activities in the Undeveloped Acreage (UDA), and (3) along
28
April 23, 2013
the west and southern boundaries of the UDA, a 1,000 foot set-back shall be required from any
residential area in accordance with COGCC standards of measurement, and (4) the Amended
Agreement must be executed by both parties on or before June 15, 2013.
• Option #2 – Amended Operator Agreement Resolution 2013-036
Limit the Agreement to the Fort Collins Field by removing UDA from the Operator Agreement and
prohibit re-entry into plugged and abandoned wells.
BACKGROUND / DISCUSSION
During Council discussion on March 19, 2013, questions arose regarding the inclusion of
Undeveloped Acreage (UDA) in the Operator Agreement. Staff responded incorrectly as to when
staff was aware of the UDA. The UDA was disclosed on March 1, 2013. Staff received the first
Operator Agreement that included the UDA on March 7, 2013.
Council further inquired as to how development of the UDA may occur. Generally, Prospect Energy
is limited to the terms and conditions contained in a confidential Surface Use Agreement (SUA) with
Anheuser-Busch, Incorporated signed in April 2011. According to the Larimer County mineral
lease notice (Attachment 4), the SUA is for a primary term of three years expiring March 2014. If,
at the expiration of the Primary Term of the SUA, lands not then included within a producing or
spacing unit are not engaged in drilling or reworking operations, then the lease expires. According
to the notice, an option to extend the agreement for an additional three years is available if Prospect
Energy makes an additional payment.
In addition to any requirements imposed by the SUA, any oil and gas development would be
required to comply with the Council-approved Operator Agreement. A key aspect of the Agreement
requires the following:
Conceptual Review – No less than thirty (30) days prior to the submission of an Application for a
Permit to Drill (APD) (note: APD is the Colorado Oil and Gas Conservation Commission (COGCC)
permitting process), Prospect Energy will schedule a meeting with the City to review the proposed
new well or drilling activity. The goal of this meeting would be for staff and the applicant to review
the proposed oil and gas operation in a manner that ensures compliance with the operator
agreement and applicable state and federal regulations. This pre-submittal meeting will also allow
the applicant and staff to:
• explore site-specific concerns
• discuss project impacts and potential mitigation methods including field design and
infrastructure construction to minimize impacts
• discuss coordination of field design with other existing or potential development and
operators
• identify sampling and monitoring plans for air and water quality, and other elements of the
operator agreement as contained in Exhibit A (Best Management Practices).
29
April 23, 2013
STAFF RECOMMENDATION
If Council desires to have the Best Management Practices described in the Operator Agreement
apply to the UDA, Staff recommends adoption of the Option #1 Ordinance No. 057 on Second
Reading and Resolution 2013-036 - Amending the Agreement to clarify that (1) no new drilling will
occur in any plugged or abandoned well in the Fort Collins Field and that (2) all Colorado Oil and
Gas Conservation Commission rules to be effective August 1, 2013 will apply to any exploration and
drilling activities in the Undeveloped Acreage (UDA), and (3) along the west and southern
boundaries of the UDA, a 1,000 foot set-back shall be required from any residential area in
accordance with COGCC standards of measurement, and (4) the Amended Agreement must be
executed by both parties on or before June 15, 2013.”
Mayor Pro Tem Horak suggested the item should be delayed until the conclusion of the work
session. City Attorney Roy recommended the item be postponed to a specific date.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to postpone Second
Reading of Ordinance No. 057, 2013 to May 21, 2013.
Mayor Weitkunat asked if Council would be willing to suspend the rules and allow citizens to
comment regarding the continuation.
Councilmember Poppaw asked if a suspension of the rules is necessary, given the fact that public
comment would be taken on the existing motion. City Attorney Roy replied it is considered a
suspension of the rules because this is technically the same meeting as the previous meeting and the
rules state there is only opportunity for citizen comment once per item, regardless of how many
motions are made during the discussion of the item.
Councilmember Cunniff made a motion, seconded by Councilmember Poppaw, to suspend the rules
to allow public comment regarding the continuation of this item. Yeas: Troxell, Horak, Weitkunat,
Overbeck, Poppaw, Campana and Cunniff. Nays: none.
THE MOTION CARRIED.
Rico Moore, 721 West Myrtle, supported the motion to postpone the item in order to allow citizens
an opportunity to study the issue and allow media to report on possible chemical spills by Prospect
Energy.
Leo Buccelloto, Fort Collins resident, stated there is a moratorium and ban on fracking in place and
questioned why Prospect Energy may be allowed to use hydraulic fracturing and expand its
operations using that process. He questioned the agreement he suggested was signed with Prospect
Energy behind closed doors and accused the Council of the appearance of corruption.
Rob Willis, Counsel for Prospect Energy, stated this process has been ongoing for over a year and
the Memorandum of Understanding has been contemplated by Prospect Energy for several months.
He stated his client has attempted to be transparent and is disappointed that there is a possibility of
postponement.
30
April 23, 2013
Scott Hall, Prospect Energy, opposed the possibility of postponement and stated he would like a
decision on the item. He stated there are some development and lease expiration deadlines being
faced by the company.
Diane Vella, Fort Collins resident, stated this is the first she has heard of this item and supported
postponement to allow time for additional information to be provided.
Dolores Williams, 415 Mason Court, questioned the inclusion of the Undeveloped Area and
expressed concern about potential health and safety issues.
Ward Luthe, Fort Collins resident, questioned aspects of the operator agreement and supported
postponement of the item.
Brad Palmeroy, Wellington Operating Company, stated he is a former owner of the Fort Collins
Field and supported protection of the rights of mineral owners. He stated there is a general lack of
understanding of the definition of fracking.
Councilmember Cunniff clarified Council’s intent to hold the work session regarding the
moratorium and operator agreement after the work session on the mall redevelopment.
Mayor Pro Tem Horak stated meetings between Prospect Energy and staff have not involved
Councilmembers and stated no agreement was signed prior to a vote.
Councilmember Troxell stated Council may be losing sight of doing what is best for Fort Collins.
He stated Prospect Energy has been forthright and up-front and has been involved with the
discussions for several months.
Councilmember Poppaw opposed the notion that Council is corrupt and stated the point of this
postponement is to allow the opportunity for the public to have a dialogue about this after the facts
are presented at a work session.
Councilmember Campana opposed the suggestion of a conspiracy and stated the original objective
of the moratorium was to balance the importance of the oil and gas industry with the health and
safety concerns of the community.
Mayor Weitkunat stated this is an emotionally charged issue and Council is attempting to make the
best decision possible for the community.
The vote on the motion to postpone the item to May 21, 2013, was as follows: Yeas: Horak,
Weitkunat, Overbeck, Poppaw, Campana, Cunniff and Troxell. Nays: none.
THE MOTION CARRIED.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Poppaw, to adjourn the
meeting to the end of the work session in order to give Council the opportunity to go into Executive
Session or to adjourn to April 29, 2013. Yeas: Weitkunat, Overbeck, Poppaw, Campana, Cunniff,
Troxell and Horak. Nays: none.
31
April 23, 2013
THE MOTION CARRIED.
(Secretary’s note: Council adjourned at 6:37 p.m. until the conclusion of the work session and
reconvened at 10:15 p.m.)
Adjournment
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adjourn to 6:00
p.m. on Monday, April 29, 2013, so that the Council may consider any additional business that may
come before the Council, including a possible Executive Session. Yeas: Weitkunat, Poppaw, Horak,
Troxell, Campana, Cunniff and Overbeck. Nays: none.
THE MOTION CARRIED.
The meeting adjourned at 10:20 p.m.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
32
human service agencies (e.g., Fort Collins Housing Authority, Neighbor-to-Neighbor, CARE
Housing, The Murphy Center, and Funding Partners).
A project website (http://www.fcgov.com/socialsustainability/mobilehomeservices.php) was
established for the dissemination of information, announcement of upcoming public meetings, and
collection of public comments. An online survey was available to offer another option for people
to provide feedback who were not able to attend the information open house, or may not be able to
attend the public hearings.
538
unavailability of any
spaces within 25 miles,
and (c) the actual value
of any home (as
determined by the
County Assessor) that
cannot be moved due to
structural weakness or
poor condition.
• Should apply to all
applications for
redevelopment
regardless of city
financial involvement
Do not include.
Not the most effective
way to promote
affordable housing,
may subsidize
substandard housing,
and inappropriately
shifts cost burdens to
mobile home park
owners.
Instead recommend
impact fee or TIF to
help cover cost of
relocation or
development of
affordable housing.
Recommen
ded
Strategy
remains in
City
Council
document.
537
text to ensure adequate
notice of potential
earlier closing
“Require a one year
notice of closure period
for mobile home parks
(rather than the 6 month
minimum notice
required by the state).
As an alternative, the
City could offer to allow
a six (6) month closure
notice if the park owner
delivers to each resident
on or before the notice
date a detailed
Relocation Report
listing all available
mobile home spaces
available within 25
miles, providing the
contact information for
each of those park
owners, and including
documented estimates of
the costs of moving
mobile/manufactured
homes to those
locations. In addition,
the notice provision
shall also alert residents
No change AHB
revised
text
included
in City
Council
document
536
process, that would be
available to finance
significant investments in
mobile home park water,
sewer, septic, or road
infrastructure that would
be available to those
larger mobile home parks
willing to commit to
No change Substitute text to
broaden
recommendation to all
affordable housing
types:
“Create a loan or
grant program, or use
the existing financial
assistance competitive
process, that would be
available to finance
significant investments
in mobile home park
PZ Board
revised
text
included
in City
Council
document
535