HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/16/2018 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE SAgenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY October 16, 2018
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the September 18, 2018, Regular Council Meeting and the
September 25, 2018 Adjourned Council Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the September 18, 2018, regular Council meeting and
the September 25, 2018, adjourned Council meeting.
ATTACHMENTS
1. September 18, 2018 (PDF)
2. September 25, 2018 (PDF)
City of Fort Collins Page 355
September 18, 2018
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
• ROLL CALL
PRESENT: Martinez, Stephens, Summers, Troxell, Cunniff
ABSENT: Overbeck, Horak
Staff Present: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated there were no changes to the published agenda. He noted Item No.
14, Continuance to September 25, 2018, of Public Hearing and Resolution 2018-083 Approving
the Montava Metropolitan District Nos. 1 through 7 Consolidated Service Plan, continues the
public hearing to September 25.
• PUBLIC COMMENT
Yuval Rosenthal, ASCSU Director of Community Affairs, discussed campus-area canvassing
efforts informing residents of the upcoming occupancy study. He stated voter registration training
is also being conducted in order to increase voter participation on campus as the Lory Student
Center has been approved as a polling place for the November election.
Mallory Garneau, FoCo Café, thanked Council for its support of FoCo Café and announced a
fundraising campaign to keep the non-profit open.
• PUBLIC COMMENT FOLLOW-UP
Mayor Troxell summarized the public comments and thanked the speakers.
Councilmember Stephens asked if there are plans to meet with ASCSU. City Manager Atteberry
replied in the affirmative and stated he and the Mayor have already had one meeting.
• CONSENT CALENDAR
Councilmember Martinez made a motion, seconded by Councilmember Cunniff, to adopt and
approve all items on the Consent Agenda.
RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS]
MOVER: Ray Martinez, District 2
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Troxell, Cunniff
ABSENT: Overbeck, Horak
September 18, 2018
City of Fort Collins Page 356
1. Consideration and Approval of the Minutes from the August 21, 2018 Regular Council Meeting
and the August 28, 2018 Adjourned Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the August 21, 2018 Regular Council meeting
and the August 28, 2018 Adjourned Council meeting.
2. Second Reading of Ordinance No. 115, 2018, Amending Section 2-636 of the Code of the City
of Fort Collins to Conform to Recently Amended Section 7-133. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 4, 2018, amends Section 2-636
of the City Code relating to financial disclosure statements to conform the language to Section 7-133
of the City Code relating to the timely filing of financial disclosure statements by candidates for a
mayoral or Council seat.
3. Second Reading of Ordinance No. 116, 2018, Amending Chapter 26 of the Code of the City of
Fort Collins to Extend Tiered Electric Rates Into 2019 for Customers Enrolled in Manually-Read
Metering Services. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 4, 2018, requests an extension
of the tiered Residential Energy Rate for a subset of customers who have manually-read electric
meters. City Electric Utility personnel have just learned that the expected order of electric meters
necessary to implement the time-of-day (TOD) rate for customers who have manually-read meters will
not arrive in time to appropriately implement the TOD rate for those customers on schedule.
Implementation of the TOD rate for all other applicable customer classes starts on October 1, 2018.
This request applies to fewer than 200 customers who have requested manually-read meters at this
point.
4. Second Reading of Ordinance No. 117, 2018, Authorizing the Sale of City-Owned Property at
4030 South Taft Hill Road, and the Dedication of Right-of-Way and Easements on Such Property
to Larimer County. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 4, 2018, obtains authorization
from City Council to sell 1.15 acres of City-owned property located at 4030 South Taft Hill Road, at a
sales price of no less than $165,000, and convey right-of-way and easements to Larimer County
through deeds of dedication.
5. First Reading of Ordinance No. 118, 2018, Appropriating Unanticipated Revenue in the
Transportation Fund Work for Others Program for the Fossil Creek Meadows Asphalt Paving
Project. (Adopted)
The purpose of this item is to appropriate funds from the Fossil Creek Meadows Homeowner’s
Association (the “HOA”) into the “Work for Others” program so that City Streets crews can perform
asphalt paving services for Fossil Creek Meadow streets that were annexed into the City in 2010.
6. First Reading of Ordinance No. 119, 2018, Designating the Trimble/Taylor/Dixon Property, 817
West Mountain Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter
14 of the Code of the City of Fort Collins. (Adopted)
This item is a quasi-judicial matter and if considered on the discussion agenda, it will be considered in
accordance with the procedures described in Section 1(e) of the Council’s Rules of Meeting
Procedures adopted in Resolution 2018-034.
The purpose of this item is to consider the request for landmark designation of the
Trimble/Taylor/Dixon Property, 817 West Mountain Avenue, for its Classic Cottage architecture. This
is a voluntary designation at the property owner’s request.
September 18, 2018
City of Fort Collins Page 357
7. First Reading of Ordinance No. 120, 2018, Designating the Evans/Reidhead Property, 707 West
Mountain Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14
of the Code of the City of Fort Collins. (Adopted)
This item is a quasi-judicial matter and if considered on the discussion agenda, it will be considered in
accordance with the procedures described in Section 1(e) of the Council’s Rules of Meeting
Procedures adopted in Resolution 2018-034.
The purpose of this item is to consider the request for landmark designation of the Evans/Reidhead
Property, 707 West Mountain Avenue, for its important associations with James (Jim) Reidhead, and
as an excellent example of a Dutch Colonial Revival style home in Fort Collins. This is a voluntary
designation at the property owner’s request.
8. Resolution 2018-086 Authorizing the Procurement of Services for an Annual Independent Audit
of the City's Financial Records. (Adopted)
The purpose of this item is to authorize City staff to enter into a professional services agreement with
BKD LLP (“BKD”), the independent audit firm recommended by the Council Finance Committee. The
Committee interviewed two finalists at the September 5, 2018, special meeting and adopted a motion
to recommend BKD for the Council's selection.
9. Items Relating to the Cache la Poudre Instream Flow Plan. (Adopted)
A. Resolution 2018-087 Authorizing the City Manager to Execute an Agreement Regarding Phase
II of the Plan for Augmentation for Instream Flow Purposes on the Cache la Poudre River.
B. Resolution 2018-088 Authorizing the City Manager to Execute an Agreement Regarding the Use
of Certain Water Rights of the City of Fort Collins in the Plan for Augmentation for Instream Flow
Purposes on the Cache la Poudre River.
The purpose of this item is to seek Council review and approval of two proposed agreements to
facilitate the potential approval and implementation of a plan to enhance Poudre River flows and to
protect those enhanced flows. Resolution 2018-087 authorizes the City Manager to execute an
agreement regarding Phase II of a three-phase project to develop an instream flow augmentation plan
on the Poudre River through and near Fort Collins. Resolution 2018-088 authorizes the City Manager
to execute an agreement regarding the use of certain City water rights to support implementation of
the instream flow augmentation plan.
• CONSENT CALENDAR FOLLOW-UP
Mayor Troxell requested staff input regarding Item No. 9, Items Relating to the Cache la Poudre
Instream Flow Plan. City Manager Atteberry replied this is an innovative and systems-based
approach to thinking about the River from its mouth to its confluence with the Platte. He noted
the Plan must be approved by Water Court. He commended John Stokes and his team for their
work.
• STAFF REPORTS
Larimer County Commissioner Steve Johnson presented the County’s annual Community Report
which provides a summary of services provided by the County government and includes
performance measures that allow citizens to evaluate the effectiveness of how tax dollars are being
used. He commended the City/County partnership.
September 18, 2018
City of Fort Collins Page 358
Mayor Troxell thanked Commissioner Johnson for his report and commended the City/County
partnership.
Councilmember Stephens requested information on community affordable child care.
Commissioner Johnson replied some additional funds for the Childcare Assistance Program have
been appropriated; however, there is still a wait list for the program.
Councilmember Stephens commended the County's Be Ready program for students.
Paul Sizemore, FC Moves Senior Manager, reported on Bike to Work Day's alignment with the
City's Strategic Plan in terms of riders gaining familiarity with the City's bicycle infrastructure.
Sizemore discussed data collected at the recent Bike to Work Day and discussed the partnership
with other departments to advance the climate action initiative called Take Two which encourages
citizens to take two small actions to reduce greenhouse impacts. Sizemore stated the main goal of
Bike to Work Day is to increase its outreach and communicate that biking anywhere in the city is
very possible.
Councilmember Cunniff thanked staff for its work on Bike to Work Day over the years and for
including the materials on the City website. He asked if the station man hours versus the number
of visits have been calculated. Sizemore replied extensive surveying occurs as part of the event
and stated hours could be extended if desired.
Councilmember Stephens asked if staff has ideas on how to increase participation among women,
youth, and underserved populations. Sizemore replied coordinating with other events, such as
Open Streets, and working closely with community partners such as Bike Fort Collins are key in
increasing participation.
Councilmember Summers discussed the importance of encouraging other types of non-vehicular
travel, such as electric mobility scooters.
• COUNCILMEMBER REPORTS
Councilmember Martinez reported on the Anheuser-Busch water event during which beer
production is halted and water is canned for emergency services. He also reported on the Fort
Collins Board of Realtors board installation at the Lincoln Center and the Skype conversation at
Poudre High School with a Poudre graduate astronaut.
Councilmember Summers reported on the Down Syndrome Walk and announced a town hall
meeting he will be hosting on September 29 regarding the City's new electric rates.
Councilmember Cunniff discussed his listening session concurrent with the recent Open Streets
event. He requested an update on veterans' issues, particularly related to the Veteran’s
Adminstration.
Councilmember Stephens reported on attending a veterans' symposium aimed at younger veterans
in the community. She also reported on a racial equity and leadership training sponsored by the
National League of Cities.
Councilmember Summers noted the Municipal Court has a resource sheet for veterans and
suggested placing that on the City's website may be helpful.
September 18, 2018
City of Fort Collins Page 359
Mayor Troxell reported on a tour of the Municipal Court with Judge Lane and commended Judge
Lane's work. He also reported on a lunch with Platte River Power Authority recognizing its safety
record at the Rawhide Power Plant and on the Preserving Historic Roads conference at the
Elizabeth Hotel.
• DISCUSSION ITEMS
10. Resolution 2018-089 Expressing the City Council’s Support for the Passage of a Larimer
County Ballot Issue Imposing a 0.25% Countywide Sales and Use Tax for the Purpose of
Providing Mental Health Care Services for Residents of Larimer County and Urging the Citizens
of Fort Collins to Vote "Yes" on this Ballot Issue. (Adopted)
Council leadership has requested that staff prepare this item for City Council consideration to enable
the Council, if it so choses, to express its support of the Larimer County November 6, 2018, ballot
issue for a tax to fund mental health care services for residents of Larimer County.
City Manager Atteberry stated this Resolution expresses Council's support for the passage of a
Larimer County ballot measure imposing a quarter-cent, countywide sales and use tax to provide
mental healthcare services for residents of Larimer County. The expansion of critical behavior
health services is in alignment with several of the City's strategic objectives. The proposal includes
a 13-member governing body.
Councilmember Martinez made a motion, seconded by Councilmember Cunniff, to adopt
Resolution 2018-089.
Councilmember Stephens asked about the movement away from brick and mortar facilities and
toward more distributed models. Laurie Stolen, Larimer County Behavioral Health Project
Director, replied the modifications made to the 2018 proposal reflect that movement. Critical
needs such as detox facilities are also planned to be included. Exact details have yet to be
determined. She noted addressing mental health issues through early identification and
intervention is one of the main goals.
Mayor Troxell commended the collaborative efforts around mental health in the community.
Councilmember Martinez stated this item is extremely important to the overall health of the
community.
Councilmember Summers commended those involved in this issue and stated this tax will provide
a valuable service to County citizens.
Councilmember Stephens stated she would support the motion and encouraged Council's
colleagues in other Larimer County municipalities to consider supporting the measure as well.
RESULT: RESOLUTION 2018-089 ADOPTED [UNANIMOUS]
MOVER: Ray Martinez, District 2
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Troxell, Cunniff
ABSENT: Overbeck, Horak
September 18, 2018
City of Fort Collins Page 360
11. Public Hearing on the 2019-2020 Recommended Biennial Budget for the City of Fort Collins. ()
This is the first official public hearing on the City Manager’s 2019-2020 Recommended Biennial Budget
for the City of Fort Collins. The purpose of this public hearing is to gather public input on the 2019-
2020 budget. In an effort to receive further public input, a second public hearing is scheduled for the
Tuesday, October 2, 2018 Council meeting at 6:00 p.m. in the Council Chambers. Both of these
hearings were set by the City Council by its adoption of Resolution 2018-081 at its September 4, 2018,
meeting.
The City Manager’s 2019-2020 Recommended Budget can be reviewed at the Main Library, the
Harmony Branch Library, or the City Clerk’s Office. The recommended budget can also be viewed
online at fcgov.com/budget.
Mayor Troxell noted this item is a public hearing.
Seth Kelley, Directing Change and BASE Camp, supported a budget increase for the Human
Services Grant Program. He stated this investment is a direct investment in the social health of
the community.
Dierdre Sullivan, La Familia Executive Director, stated La Familia is one of two non-profit early
education providers in the community and is the sole provider of bilingual behavioral health
services in the community. The Department of Social Sustainability's budget is less than what is
spent on flowers and landscaping for Old Town Fort Collins alone. She supported funding of two
budget offers not recommended for funding.
Alan Braslau discussed historic preservation and energy efficiency and supported the budget offer
for one full-time equivalent contractual employee for historic preservation building surveys.
Meg Dunn supported the budget offer for one full-time equivalent contractual employee for
historic preservation building surveys.
Kaitlyn Dorn supported the budget offer for one full-time equivalent contractual employee for
historic preservation building surveys.
Rich Stave discussed degradation in the quality of the South Transit Center in terms of cleanliness
and transient issues.
James MacDowell supported the budget offer for one full-time equivalent contractual employee
for historic preservation building surveys.
Cynthia Eichler, Visit Fort Collins, requested funding for an offer her organization is writing that
will allow it to be more data-driven and fund a tourism master plan.
Russ Cowart discussed the benefits and popularity of pickleball and its support of the City's
strategic objectives.
Diana Adams discussed the unique characteristics of pickleball and stated there is a need for
additional courts, particularly indoor courts.
Kevin Deyo discussed the need for maintenance of outdoor pickleball courts and the formation of
new indoor courts. The pickleball community has formed an organization which is willing to aid
in funding and is in support of the budget offer for Spring Canyon courts.
September 18, 2018
City of Fort Collins Page 361
Dave Franklin stated the pickleball community would like to advocate for more indoor facilities
and supported the Spring Canyon court budget offer and potential daytime use of the Foothills
Activity Center.
Carol Tunner supported the budget offer for one full-time equivalent contractual employee for
historic preservation building surveys.
Mayor Troxell summarized the citizen comments.
Councilmember Cunniff stated he is somewhat confident the historic preservation building survey
offer will be funded. He requested additional demographic information regarding the funding of
recreation facilities, including pickleball. He also requested information regarding the funding of
Old Town flower beds and landscaping.
Councilmember Martinez agreed the historic preservation survey item is important to fund and
asked about addressing Mr. Stave's concerns. City Manager Atteberry replied that will be
addressed immediately.
Councilmember Martinez asked about outdoor pickleball court maintenance. City Manager
Atteberry replied staff would return with an overall general assessment of the facilities and
demographic information as requested by Councilmember Cunniff.
Councilmember Stephens thanked the speakers and stated she is in support of looking at
prioritizing social services offers.
City Manager Atteberry noted the Parks Department provides landscaping and maintenance
services for all City buildings and parks in addition to the downtown flower beds and pots.
Councilmember Summers stated meeting the social service needs of a community is a
communitywide challenge and the City's role in addressing those issues should involve
collaboration with other social service agencies.
Councilmember Martinez commended the work of the Parks Department and noted citizens have
requested the downtown flowers and urban beautification as well.
Mayor Troxell expressed support for the historic preservation survey and tourism master plan
items.
City Manager Atteberry stated the next budget hearing is October 2.
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
12. Public Hearing and Resolution 2018-082 Approving the Consolidated Service Plan for
Waterfield Metropolitan District Nos. 1-3. (Adopted)
The purpose of this item is to consider a Service Plan for the Waterfield Metro District Nos. 1 through
3 (the “Metro Districts”). Thrive Home Builders has submitted a service plan for the Metro Districts to
support a proposed development of approximately 500 homes on property generally located at the
northwest corner of Vine Drive and Timberline Road. The project will include 50 lots dedicated for
affordable housing construction. In addition, the project will deliver all units as US Department of
Energy Certified Zero Energy Ready and 10 percent of homes with rooftop solar. Each of the Metro
Districts is proposed to have a Mill Levy Cap of 50.00 mills to support the project.
September 18, 2018
City of Fort Collins Page 362
City Council conducted a public hearing on this Service Plan at its September 4, 2018 meeting and
after receiving testimony and other evidence, continued the public hearing to this September 18, 2018
meeting.
Mayor Troxell noted this item is a public hearing and discussed the order of proceedings.
Deputy City Manager Mihelich, reviewed the timeline for the development of the metro district
policy revision and the metro district process to date, noting the deadline to consider the November
election is September 25. He discussed the proposed New Urbanist project which includes 498
units, 50 of which are proposed to be affordable. Updated service agreement language includes
commitments related to specific affordable housing, energy efficiency and renewables, and
infrastructure improvements beyond Code requirements.
Josh Birks, Economic Health Director, discussed the enforcement and delivery of public benefits.
The language around the debt mill has been strengthened, the ability to extend the operating mill
beyond 10 mills at the end of the district's life has been removed, and time between approval of
the service plan and execution of a development agreement has been shortened.
Birks discussed the area median income noting 80% of AMI is just over $68,000 per year for a 4-
person household. He detailed the zero-energy ready home aspects.
Gene Meyers, Thrive Home Builders, stated his company is small and focuses on building
efficient, healthy, and local homes, as well as affordable housing and net zero housing. The
recorded plat on the property is for a predominantly single-family, front-loaded garage
neighborhood whereas his approach is something different. The metro district would allow for a
diverse, pedestrian-friendly development with an emphasis on Nature in the City.
Mr. Meyers discussed the benefits of community land trusts, stating they allow homeowners to
have equity appreciation while maintaining affordability. He detailed the energy benefits of the
proposed project and discussed the health aspects of the homes.
Councilmember Cunniff asked when the original plat for the property was completed. Birks
replied it has been in place for several years.
Councilmember Cunniff asked about the implications on the plat of City Plan and other plans that
could lead to alternative land use decisions. Birks replied the plat would stand.
Councilmember Cunniff expressed concern the new residents of this area will be paying far too
much for the benefits they are going to receive and stated he is not convinced the outcome with
respect to energy is extraordinary relative to the cost. He asked how units are going to be
guaranteed to remain affordable. Birks replied the new language includes the commitment of the
affordable housing units at 80% of AMI for a minimum of 20 years of affordability.
Councilmember Martinez made a motion, seconded by Councilmember Summers, to adopt
Resolution 2018-082.
Councilmember Martinez stated the developer has gone above and beyond what was asked.
Mayor Troxell stated this metro district addresses many community goals.
September 18, 2018
City of Fort Collins Page 363
Councilmember Cunniff agreed catalyzing this type of development is a goal for Fort Collins;
however, he expressed concern the value provided to area residents compared to the cost they will
be asked to bear is not equivalent and he will therefore not support the motion.
Councilmember Stephens commended the development's efforts at providing affordable units;
however, she expressed concern about the length of time units will be affordable. She asked if
metro districts are the only means to provide affordable housing. Deputy City Manager Mihelich
replied that is the trend across Colorado for affordable housing and other amenity packages as
well.
Councilmember Stephens asked how affordable unit purchasers are made aware of the resale
requirements. Mr. Meyers replied the potential buyer is made aware of deed restrictions on the
title. He suggested a community land trust could be a better method than deed restrictions.
Deputy City Manager Mihelich noted meetings have occurred with the community land trust and
staff agrees it is the best way to ensure affordability.
Councilmember Stephens asked if the community land trust would benefit any other
developments. Deputy City Manager Mihelich replied land trusts want more scalability than
anything else and they are interested in Fort Collins because of the high demand for affordable
units and staff believes there are multiple applications throughout the community.
Councilmember Summers stated he has a greater degree of confidence in this developer given his
experience with metro districts and affordable housing.
Councilmember Cunniff asked Mr. Meyers if he would move forward with a deed or covenant-
based approach should the land trust not work. Mr. Meyers replied in the affirmative.
Councilmember Stephens stated affordability would not be a part of a traditional development.
RESULT: RESOLTUION 2018-082 ADOPTED [4 TO 1]
MOVER: Ray Martinez, District 2
SECONDER: Ken Summers, District 3
AYES: Martinez, Stephens, Summers, Troxell
NAYS: Cunniff
ABSENT: Overbeck, Horak
13. Public Hearing and Resolution 2018-084 Approving the Consolidated Service Plan for Waters'
Edge Metropolitan District Nos. 1-5. (Adopted)
The purpose of this item is for Council to consider for adoption the Consolidated Service Plan for the
Waters' Edge Metropolitan District Nos.1-5 (the “Metro Districts”). Generally, located between Douglas
Road and Richards Lake Road on either side of Turnberry Road.
The Council conducted a public hearing on this Service Plan at its September 4, 2018 meeting and
after receiving testimony and other evidence, continued the public hearing to this September 18, 2018
meeting.
Mayor Troxell noted this item is a public hearing and discussed the order of proceedings.
September 18, 2018
City of Fort Collins Page 364
Deputy City Manager Mihelich discussed the proposed project noting it is a 55+ age targeted
community with 847 units in total. Communitywide benefits include affordable housing, reduction
in water use, open space, and landscape improvements to the existing ditch.
Tom Leeson, Community Development and Neighborhood Services Director, discussed the mill
levy and updated development agreement commitment language.
Robert Rogers discussed the proposed affordable housing, non-potable water system,
rehabilitation of the Windsor ditch, and monetary contributions to the traffic signal at Turnberry
and Country Club and the Vine and Timberline intersection improvements.
Mr. Rogers stated the Waters' Edge metropolitan districts will safeguard its residents in significant
ways. All of the districts will be subject to mill levy limitations, debt issuance limitations, mill
levy and position term limitations, metro district bond investor limitations, debt registration
requirements, and other requirements. He discussed the care and loyalty duties of the metro district
directors and noted the directors have a similar role to that of City Council members.
Bill Swalling, Waters' Edge General Partner, stated there is no way to provide the enhanced
features and services required by an aging population without a metro district. He discussed the
benefits of low-cost metro district financing and operating capabilities, including affordable
housing, open space, nearby facilities and amenities, and a non-potable water system.
Sarah Schilz read a letter from Jim Becker, Executive Director of the Partnership for Age-Friendly
Communities in Larimer County, supporting this innovative private-public partnership.
Brian Dunbar, CSU Institute for the Built Environment, discussed the possibility of a certification
for age-friendly housing, similar to a LEED certification. He commended the Waters' Edge project
and it's providing of lifelong homes.
David Sinkey, Boulder Creek Neighborhoods, stated Waters' Edge will bring a needed housing
type to Fort Collins. He stated Boulder Creek homes feature universal design elements for aging-
in-place and noted there is a great deal of disclosure for potential home buyers.
Councilmember Stephens asked if the housing purchase prices account for the assumption many
of these households will only have two or one person residing in them. Leeson replied the AMI is
established for household size.
Councilmember Stephens asked if the zoning allows for accessory dwelling units as proposed to
be part of the affordable housing component. Leeson replied in the affirmative and noted those
units would not be for-sale units and would not include the 10% of affordable housing units to
which the developer has committed.
Councilmember Cunniff stated he has similar concerns to those he had in the previous item. He
asked if this zone allows primary short-term rentals. Leeson replied he would need to return with
that information.
Councilmember Martinez made a motion, seconded by Councilmember Summers, to adopt
Resolution 2018-084.
September 18, 2018
City of Fort Collins Page 365
Councilmember Martinez stated the developer has addressed concerns and supported the metro
district formation.
Councilmember Stephens expressed concern about the high price points of the housing and stated
she could not support this motion at this time.
Councilmember Cunniff expressed concern about tax liability for the residents and stated
something with similar or better outcomes could potentially be built at a lower cost.
Mayor Troxell stated he would support the motion citing the non-potable water system and
incorporation of community within the project.
RESULT: RESOLUTION 2018-084 ADOPTED [3 TO 2]
MOVER: Ray Martinez, District 2
SECONDER: Ken Summers, District 3
AYES: Martinez, Summers, Troxell
NAYS: Stephens, Cunniff
ABSENT: Overbeck, Horak
14. Continuance to September 25, 2018, of Public Hearing and Resolution 2018-083 Approving the
Montava Metropolitan District Nos. 1 through 7 Consolidated Service Plan and Proposed
Continuance. (Postponed to September 25, 2018)
The purpose of this item is to consider a proposed continuance of the Council’s hearing on a metro district
service plan for the Montava Development or, in the alternative, to consider the item. Staff and the
developer agree that continuing the hearing to September 25, 2018, will provide much needed time to
further refine the proposed Service Plan. In addition, this postponement defers consideration of the
Service Plan until after a pre-application hearing scheduled for September 25, 2018, on the proposed
Planned Unit Development (“PUD”) application related to the same project.
The developer of Montava has submitted a service plan to support a proposed development of
approximately 988.5 acres located in the northeast portion of the community near the existing AB/InBev
Brewery. The development is anticipated to include 2,000 single family homes, 2,400 multi-family units,
200,000 to 400,000 square feet of office, 88,900 square feet of retail. The project intends to provide 10
percent of housing units in a mix of for rent and for sale affordable housing. In addition, the project will
deliver all units as US Department of Energy Certified Zero Energy Ready. Seven metro districts, each
with a mill levy cap of 60.00 mills, have been proposed to be organized to support the project.
City Manager Atteberry stated the pre-application hearing for the Montava development will
provide additional needed context for Council.
Councilmember Cunniff made a motion, seconded by Councilmember Stephens, to postpone
consideration of Resolution 2018-083 to September 25, 2018.
Max Moss thanked Council for considering postponement.
September 18, 2018
City of Fort Collins Page 366
RESULT: RESOLUTION 2018-083 POSTPONED TO SEPTEMBER 25, 2018 [UNANIMOUS]
MOVER: Ross Cunniff, District 5
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Summers, Troxell, Cunniff
ABSENT: Overbeck, Horak
• CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS
• ADJOURNMENT
Councilmember Martinez made a motion, seconded by Councilmember Cunniff, to adjourn to 6:00
PM, Tuesday, September 25, 2018, to conduct the Montava PUD Master Plan pre-application
hearing and consider a resolution approving the Montava metro district service plan and for other
such business as may come before the Council.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Ray Martinez, District 2
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Troxell, Cunniff
ABSENT: Overbeck, Horak
The meeting adjourned at 9:53 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 367
September 25, 2018
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 6:00 PM
• ROLL CALL
PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
STAFF PRESENT: Mihelich, Daggett, Coldiron
1. Montava Planned Unit Development Pre-Application Hearing. (Hearing was Held)
The purpose of this item is to allow the prospective applicant of the Montava development project in
northeast Fort Collins to receive preliminary comments from the City Council regarding the prospective
Planned Unit Development (PUD) Master Plan and to assist the developer in determining whether to
file a PUD application.
The order of the proceedings at the public hearing will be:
1. Director’s Overview
2. Prospective Applicant’s Presentation
3. Staff Response to Applicant Presentation
4. Public Comment
5. Applicant Response to Public Comment
6. Staff Response to Public Comment
7. Council Questions and Discussion
Mayor Troxell reviewed the procedure for the hearing.
Deputy City Manager Jeff Mihelich stated the goal of this hearing is to allow the Montava
developer to provide Council with a bit more detail on its plans for development prior to submitting
a formal application.
Rebecca Everette, Development Review Manager, stated the project is situated in the northeast
subarea bounded by Richard's Lake Road and extending to the Anheuser-Busch brewery. The
planned unit development (PUD) master plan and overlay process is an optional review process
for sites greater than 50 acres in size. In the case of projects over 640 acres, Council is the final
decision maker for a PUD master plan, which is the case with Montava.
Everette stated a PUD includes additional public benefits and high-quality design above what Code
would otherwise require. A PUD would also provide a vision for the long-term development of
the area and ensures a more consistent and coordinated review and application of development
standards over time. The applicant receives the benefit of an extended vesting period over the
long-term phasing of a project. Everette outlined what the City expects to see as part of a master
plan.
Everette stated the Montava PUD master plan would require amendments to the Mountain Vista
Sub Area Plan and Master Street Plan, both of which would be processed concurrently with the
PUD process and decided by Council.
Max Moss, developer, discussed his family's ties to Fort Collins and stated he plans to live in the
development when it is complete. He discussed the severe undersupply of housing in Fort Collins
and detailed the benefits of strategically planning a master planned community to solve the
challenges of a large piece of ground. Moss discussed the housing types planned for the
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development and highlighted the diversity involved. He stated the developer is working with the
School District to relocate its land to create the most logical arrangement for the town center.
Moss discussed the planned street network and park. He also discussed the land trust and
affordable housing aspects of the project. He detailed the urban farm aspect of the project stating
the development will partner with Native Hill to manage the land. He also discussed the energy
aspects of the homes.
Lucia Liley, attorney representing the developer, stated the City's new PUD ordinance makes a
master plan eligible for extended vesting, limited to certain plan elements. The applicant intends
to request 25 years of vested property rights in its development agreement based on the 900-acre
size of the property, multiple phases over a projected 20 to 30-year build-out period, significant
up-front investment, land cost, land use entitlement cost, and public infrastructure cost.
Appropriate development agreement vesting language will need to be approved by Council
concurrent with the master plan.
Diane Marschke supported the development and encouraged proper traffic management and street
alignment.
Nance Horowitz expressed concern about traffic, particularly the Lemay and Country Club
intersection.
Matt Thompson stated this development goes above and beyond requirements and discussed the
Fort Collins housing shortage and affordability issues.
Nic Koontz, Native Hill Farm, discussed the plan for the urban farm and expressed support for the
project.
Kim Hoke expressed support for the project.
Elizabeth Nance expressed support for the project and commended Mr. Moss.
Zia Zybko expressed support for the project and stated Montava has been committed to a true
agriculture farm centered development from the beginning.
Nate Miller expressed support for the development and commended the communication from the
developer. He encouraged proper traffic management and street construction and suggested the
inclusion of an urgent care.
Chris Imsland supported the project and encouraged the extension of public transportation to the
development.
Jessica Miles stated she did not like the initial plans for the development but is encouraged by the
changes. She supported the inclusion of a medical facility and public transportation and requested
consideration of dark skies.
Mr. Moss stated he has been working for several months to potentially locate a fire station in the
development and stated he intends to build a recreation center that is available to everyone. He
stated he is committed to retaining dark skies.
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Deputy City Manager Mihelich stated staff feels the development is moving in the right direction
and is ready for a formal PUD application.
Councilmember Martinez asked if Police Services has been contacted about possibly constructing
a substation. Mr. Moss replied in the negative but stated he is open to having a discussion.
Councilmember Stephens asked about the land bank and affordable housing. Deputy City
Manager Mihelich stated a piece of property is under contract to hold for a land bank opportunity.
He acknowledged the land bank is not in the City Manager's recommended budget; however, a
land bank parcel within the development will provide affordable housing.
Mr. Moss stated affordable housing is an important part of the project and stated the proposed
developments in the area created a valid opportunity for a land trust.
Councilmember Cunniff requested an assessment of the existing habitat value of the land and
expressed concern in using natural areas funds to restore habitat that does not exist. He also
expressed concern about the funding of trails, the park and their maintenance. He asked if land
use and zoning changes will be requested. Mr. Moss replied in the affirmative. Leeson noted the
PUD allows modifications to densities, land use, dimensional standards, and street standards. All
modifications will be processed as part of the PUD master plan.
Councilmember Cunniff asked if any approved modifications would still apply to the property
regardless of who the developer ends up being. Leeson replied in the affirmative and noted the
PUD master plan does not have a termination clause.
Councilmember Cunniff stated he does not see any major issues with the overall plan, but stated
he would like details on some of the funding.
Councilmember Overbeck asked how the organic certification of the farm will be protected. Mr.
Moss replied he will be leaving that to Native Hill but noted the transition of the land, which takes
three years, will begin this week.
Mayor Troxell discussed the positive aspects of the development and noted there is a housing mix
in Old Town. He commended the intentional design of the project.
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
2. Public Hearing and Resolution 2018-083 Approving the Montava Metropolitan District Nos. 1
through 7 Consolidated Service Plan. (Adopted)
The purpose of this item is for City Council to consider approval of the Montava Metropolitan District Nos.
1 through 7 Consolidated Service Plan (Service Plan). The developer of the proposed Montava
Development has submitted the Service Plan to support the proposed development of approximately
988.5 acres located in the northeast portion of the community near the existing AB/InBev Brewery. The
development is anticipated to include 2,000 single family homes, 2,400 multi-family units, 200,000 to
400,000 square feet of office, 88,900 square feet of retail. The project has committed to provide 10 percent
of housing units in a mix of for rent and for sale affordable housing. In addition, the project will deliver all
units as US Department of Energy Certified Zero Energy Ready along with other commitments. A Metro
District with a Mill Levy Cap of 60.00 mills has been proposed to support the project.
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City Council conducted a public hearing on the Service Plan at its September 4, 2018 meeting, but
continued further consideration of the proposed Service Plan to its September 18, 2018 meeting and then
again at the September 18 meeting to September 25, 2018, to allow additional time to refine the Public
Benefit commitments and other legal aspects. The Service Plan submitted for consideration by this review
includes refinements to performance assurances and commitments.
Mayor Troxell outlined the order of proceedings for the hearing.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, that Council
incorporate by reference for consideration as part of this hearing the information presented and
testimony provided in the Montava PUD pre-application hearing just completed and that such
information be included as part of the record of Council's decision on the Montava Metropolitan
District Nos. 1-7 Service Plan. The vote on the motion was as follows: Yeas: Overbeck, Horak,
Troxell, Cunniff, Stephens, Martinez and Summers. Nays: none.
THE MOTION CARRIED.
Josh Birks, Economic Health and Redevelopment Director, stated there are a number of
community benefits accrued through the metro district, including affordable housing, energy
efficiency, a non-potable water system, agri-urban development, schools, a community park, and
natural areas. Birks detailed the affordable housing commitment of 10% affordable homes for a
minimum of 20 years.
Birks noted the Service Plan has a provision that would dissolve the district if there is no action
on the service plan three years after adoption. Staff is recommending adoption of the Service Plan.
Max Moss stated a master planned community cannot be built without a metro district. More
metro districts are being used to replace homeowner association functions and he intends to do
that with this project.
Lucia Liley discussed the revised language of the public benefits section of the Service Plan and
detailed the developer commitments.
Councilmember Cunniff asked why the amount of debt financing Council would be authorizing
has gone down to $163 million. Birks replied the applicant has refined the PUD and financial
plans resulting in the decrease.
Councilmember Cunniff asked why the language indicates the failure to build various aspects
would not be contrary to the Service Plan. Zachary Wyatt replied the construction will be
completed by the developer, not the district, in most cases. The language is standard because the
phasing of improvements has yet to be determined. Birks replied the list of public improvements
that could be funded by the metro district exceeds the available debt cap; therefore, this language
provides flexibility for some of those improvements not to be included because they are not able
to be funded by the debt cap.
Councilmember Cunniff asked what kind of ratios usually exist between residential and
commercial assessed value in mixed-use developments. Birks replied there is a wide spectrum of
answers. Mr. Moss replied commercial users will generally not locate in this type of area, but
commercial land is worth more. Birks stated he will provide a calculation of the ratio as proposed
when the PUD comes forward.
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Councilmember Martinez asked if metro district board members are elected with public meetings.
Mr. Moss replied in the affirmative.
Councilmember Cunniff asked when elections for special districts can occur. Birks replied they
can occur in November of any year or May of even years.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Summers, to adopt
Resolution 2018-083.
Councilmember Cunniff expressed concern about the tax load for homeowners, particularly for
affordable housing. He stated the tax burden is not economical for the benefits being received.
Mayor Troxell stated he would support the Service Plan and stated there is no better way to
accomplish what is envisioned. He noted the project is not in isolation from the rest of the
community.
Mayor Pro Tem Horak agreed the tax burden is significant; however, there are other benefits and
the energy and water savings will help offset that. He expressed support for the plan.
Councilmember Stephens stated she did have some concerns about the tax burden but noted some
of that will be offset by the energy savings. It is important to be thoughtful in thinking about the
use of one of the last large chunks of land in the community. She appreciated the development
and encouraged the inclusion of as much affordable housing as possible. She commended the
thoughtful approach of the development.
Councilmember Martinez expressed concern about the tax burden but noted the savings and added
amenities will help offset that. He encouraged critical examination of connectivity and the
inclusion of fire and police substations.
Councilmember Cunniff stated the energy savings and amenities do not offset the tax burden. He
expressed concern the statewide use of metro districts will eventually have significant impacts on
state finances.
Councilmember Overbeck stated he would support the motion despite being concerned about
metro districts in general.
Councilmember Summers commended Mr. Moss and his team on incorporating the values and
priorities into the master plan.
RESULT: RESOLUTION 2018-083 ADOPTED [6 TO 1]
MOVER: Gerry Horak, District 6
SECONDER: Ken Summers, District 3
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Horak
NAYS: Cunniff
• OTHER BUSINESS
Councilmember Cunniff requested Council be adequately resourced and informed of any budget
implications prior to discussing future service plans. He expressed concern that the quasi-judicial
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status of metro district applications has not served the City well from a public policy stance. He
requested and received support to direct the City Attorney to draft some options.
• ADJOURNMENT
The meeting adjourned at 9:25 PM.
______________________________
Mayor
ATTEST:
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City Clerk