HomeMy WebLinkAboutMINUTES-11/19/2024-Regular (2)November 19, 2024
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting -6:00 PM
PROCLAMATIONS AND PRESENTATIONS
5:00 PM
A)PROCLAMATIONS AND PRESENTATIONS
PP 1. Declaring November 20, 2024 as GIS (Geographic Information System) Day.
PP 2. Declaring November 2024 as Thank a Business Month.
PP 3. Declaring November 2024 as Transgender Acceptance Month.
Mayor Jeni Arndt presented the above proclamations at 5:00 p.m.
B). CALL MEETING TO ORDER
REGULAR MEETING
6:00 PM
Mayor Jeni Arndt called the regular meeting to order at 6:00 p.m. in the City Council Chambers at 300
Laporte Avenue, Fort Collins, Colorado, with hybrid participation available via the City's Zoom
platform.
C)PLEDGE OF ALLEGIANCE
Mayor Jeni Arndt led the Pledge of Allegiance to the American Flag.
D)ROLL CALL
PRESENT
Mayor Jeni Arndt
. Mayor Pro Tern Emily Francis
Councilmember Susan Gutowsky
Councilmember Julie Pignataro
Councilmember Tricia Canonico
Councilmember Melanie Potyondy
Councilmember Kelly Ohlson
STAFF PRESENT
City Manager Kelly DiMartino
City Attorney Carrie Daggett
City Clerk Delynn Coldiron
City of Fort Collins Page 64 City Council Proceedings
E)CITY MANAGER'S AGENDA REVIEW
City Manager Kelly DiMartino provided an overview of the agenda, including:
•No changes to the published agenda.
•Recommending approval of the Consent Calendar, items 1-21, minus Item #8, Second
Reading of Ordinance No. 159, 2024, Making a Supplemental Appropriation and Authorizing
Transfer of Appropriation for the Southeast Community Center Land Acquisition in Compliance
with Approved Intergovernmental Agreement Between the City of Fort Collins, Poudre School
District and Poudre Libraries, which was recommended to be postponed indefinitely.
•Discussion items included:
o Amending City Code to adjust Capital Expansion Fees, Transportation Expansion Fees,
Electric Capacity Fees and Stormwater Plant Investment Fees; and
o Appeal of the Historic Preservation Commission's Landmark Design Review Decision
Denying Metal-Clad window replacement at 201 Linden Street.
•Other Business:
o Motion to adjourn the meeting to November 26, 2024, to enter executive session to
complete performance reviews for Council direct reports.
F)COMMUNITY REPORTS
None.
G)PUBLIC COMMENT ON ANY TOPICS OR ITEMS OR COMMUNITY EVENTS
(Including requests for removal of items from Consent Calendar for individual discussion.)
Kimberly Conner presented information on the situation in Gaza, specifically noting the United Nations
has stated the United States is complicit in genocide and spoke in favor of a related ceasefire
resolution.
Dr. Zach Shelton spoke in favor of community water fluoridation.
Dr. Allison Lesko spoke in favor of continuing water fluoridation.
Gregory Evans provided some history around water fluoridation in Fort Collins and discussed a report
that was completed by an earlier City Council after a commissioned study. Evans stated this item has
been well researched and requested Council read the executive summary from that study to help them
make a decision.
George Grossman, Happy Lucky's Teahouse, spoke about the negative impacts of closing streets
downtown for special events. Grossman stated the special event permit process is broken and should
be examined to ensure local businesses are not impacted. Grossman stated there is no opportunity
for small businesses to provide any feedback and there is no clear system for permit applicants or the
City to communicate with small businesses. Grossman added that small business owners would like
to help create an updated special events process to make things work for everyone.
Jerell Klaver, Salus Bath and Body, discussed the market event that was scheduled on November 30
which would have closed streets and negatively impacted downtown businesses. Klaver concurred
an updated process is needed related to the special events permit process.
Alex Scott provided information regarding Gaza and the United Nations report and spoke in support
of a ceasefire resolution.
Dr. Tyler Whiting discussed the detriments of removing fluoride from drinking water and urged Council
to maintain fluoridation.
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John Zavada stated he is a veteran and a health and wellness professional and discussed the issues
he is having related to finding employment. Zavada expressed interest in finding opportunities in
adaptive sports and recreation and stated there is a gap related to adaptive recreation opportunities,
especially for veterans, in Fort Collins and Northern Colorado.
Adam Hirshhorn discussed the services provided to Israel by Hewlett Packard and commented on a
situation in Gaza.
Alan Jantzen, Silver Grill owner, thanked Council and City leadership for listening to the concerns of
the downtown merchants related to the proposed November 30 event that would have closed
downtown streets.
Elizabeth Hudetz expressed surprise the City is considering building another methane gas plant and
questioned why Council would not ask for a second opinion related to the issue.
Dr. Jill Shonka spoke in favor of keeping fluoride in drinking water.
Dr. Jennifer Hargleroad spoke in favor of keeping fluoride in drinking water.
H)PUBLIC COMMENT FOLLOW-UP
Councilmember Ohlson stated Council is not planning to take any action related to changing the City's
policies on fluoridation and noted there was a 2005 ballot issue related to keeping the practice.
Councilmember Potyondy echoed Councilmember Ohlson's comments and thanked staff for the
information provided. She asked if Mr. Zavada has been contacted by staff. City Manager DiMartino
replied in the affirmative.
Councilmember Canonico echoed the comments related to drinking water fluoridation of water and
thanked those who spoke.
Mayor Arndt also echoed the comments related to drinking water fluoridation and confirmed no
changes are planned.
I)COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
None.
J)CONSENT CALENDAR
1.Consideration and Approval of the Minutes of the November 4, 2024 Regular Meeting.
The purpose of this item is to approve the minutes of November 4, 2024 Regular Meeting.
Approved.
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2.Second Reading of Ordinance No. 153, 2024, Adopting the 2025 Budget and Appropriatingthe Fort Collins Share of the 2025 Fiscal Year Operating and Capital Improvements Fundsfor the Northern Colorado Regional Airport.
This Ordinance, unanimously adopted on November 4, 2024, adopts the 2025 budget for the
Northern Colorado Regional Airport and appropriate Fort Collins' share of the 2025 fiscal year
operating and capital funds for the Airport. Under the Amended and Restated Intergovernmental
Agreement for the Joint Operation of the Airport between Fort Collins and Loveland (the "/GA'),
the Airport is operated as a joint venture with each City owning 50% of the assets and revenues
and responsible for 50% of the operating and capital costs. The proposed budget does not include
any financial contributions from the City's General Fund. Because each City has an ownership
interest in 50% of the Airport revenues, each City must appropriate its 50% share of the annual
operating and capital budget for the Airport under the /GA.
Adopted on Second Reading.
3.Second Reading of Ordinance No. 154, 2024, Approving the Fiscal Year 2025 Budget, andBeing the Annual Appropriation Ordinance for the Fort Collins Downtown DevelopmentAuthority Relating to the Annual Appropriations for Fiscal Year 2025, and Fixing the MillLevy for the Downtown Development Authority for Property Taxes Payable Fiscal Year2025.
This Ordinance, unanimously adopted on First Reading on November 4, 2024, adopts the
Downtown Development Authority ("DOA') Budget.
The following amounts will be appropriated:
ODA Public/Private Investments & Programs
ODA Operations & Maintenance
Revolving Line of Credit Draws
ODA Debt Service Fund
$11,634,753
$1,556,393
$9,000,000
$9,431,611
The Ordinance sets the 2025 Mill Levy for the Fort Collins DOA at five (5) mills, unchanged since
tax year 2002. The adopted Budget becomes the Downtown Development Authority's financial
plan for 2025.
Adopted on Second Reading.
4.Second Reading of Ordinance No. 155, 2024, Appropriating Unanticipated PhilanthropicRevenue Received by City Give for Various Programs and Services as Designated by theDonors.
This Ordinance, unanimously adopted on November 4, 2024, appropriates $36,605.83 in
philanthropic revenue received by City Give. These miscellaneous gifts to various City
departments support a variety of programs and services and are aligned with both the City's
strategic priorities and the respective donors' designation.
City of Fort Collins Page 67 City Council Proceedings
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
. non-partisan governance structure for the acceptance and appropriations of charitable gifts.
Adopted on Second Reading.
5.Second Reading of Ordinance No. 156, 2024, Appropriating Prior Year Reserves in the
Transportation Services Fund for Snow Removal.
This Ordinance, unanimously adopted on First Reading on November 45, 2024, appropriates prior
year reserves to cover snow removal costs that have exceeded the 2024 budget. Overspend in
the snow budget is driven by severe snowstorms that present unanticipated cold temperatures,
ice, and higher volumes of snow.
Adopted on Second Reading.
6.Second Reading of Ordinance No. 157, 2024, Authorizing Transfers of Appropriations for
the Transfort West Elizabeth Enhanced Travel Corridor Project.
This Ordinance, unanimously adopted on First Reading on November 19, 2024, transfers grant
revenue and the corresponding local match for Transfort into the Capital Projects fund and to
clarify the use of funds.
Adopted on Second Reading.
7.Second Reading of Ordinance No. 158, 2024 Appropriating Prior Year Reserves in the
Natural Areas Fund for the Purpose of Land Conservation Not Included in the 2024
Adopted City Budget.
This Ordinance, unanimously adopted on First Reading, appropriates $2,000,000 in prior year
reserves in the Natural Areas Fund. These appropriations are for additional land conservation, for
the Natural Areas Department.
Adopted on Second Reading.
8.Second Reading of Ordinance No. 159, 2024, Making a Supplemental Appropriation and
Authorizing Transfer of Appropriation for the Southeast Community Center Land
Acquisition in Compliance with Approved Intergovernmental Agreement Between the City
of Fort Collins, Poudre School District and Poudre Libraries.
This Ordinance, unanimously adopted on First Reading on November 4, 2024, appropriates
$3, 180,000 to execute the potential land acquisition as defined in the approved Intergovernmental
Agreement with Poudre School District and Poudre Libraries related to the construction of a new
Southeast Community Center.
Postponed Indefinitely.
9.Items Relating to the Fort Colins Traffic Code Regarding Parking of Certain Vehicles.
A.Second Reading of Ordinance No. 160, 2024, Amending Fort Collins Traffic Code Section
1214 Regarding Parking of Certain Vehicles.
B.Second Reading of Ordinance No. 161, 2024, Amending Fort Collins Traffic Code Section
2002 Regarding Definitions.
These Ordinances, unanimously adopted on November 4, 2024, expand the scope of Fort Collins
Traffic Code (FCTC) Section 1214 to allow for City-wide enforcement. Currently FCTC Section
City of Fort Collins Page 68 City Council Proceedings
E.Second Reading of Ordinance No. 168, 2024, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Electric Rates, Fees, and Charges and Updating Related Rate Assistance
Programs.
This Ordinance, unanimously adopted on First Reading on November 4, 2024, proposes 2025
Utility Rates which align with the 2025 City Manager's Recommended Budget. Monthly utility rates
are proposed to increase 6.5% for electric customers, 7% for water customers, 6% for wastewater
customers, and 6% for storm water customers. Two utility programs are proposed to be eliminated
at the end of 2024, including the Renewable Energy Source (Green Energy) Program and the
Medical Assistance Program (MAP).
All Ordinances Adopted on Second Reading.
13.First Reading of Ordinance No. 169, 2024, Appropriating Unanticipated 2024 Revenue inthe Recreation Fund to Support Increased Recreation Expenses.
The purpose of this item is to consider an appropriation of $600,000 of unanticipated revenue in
2024 from the Recreation Fund to support expenses related to higher participation rates than
anticipated during the 2023-2024 Budgeting for Outcomes cycle.
Adopted on First Reading.
14.First Reading of Ordinance No. 170, 2024, Making a Supplemental Appropriation ofAdditional Revenue Received by the Forestry Division to be used for Various Programsand Services.
The purpose of this item is to request an appropriation of $73,902 in unanticipated revenue in
2024 received via various programs and services by the Forestry Division, Co mmunity Services.
Adopted on First Reading.
15.First Reading of Ordinance No. 171, 2024, Authorizing the Extension of the Contract Termwith Otak, Inc. for the Power Trail and Harmony Road Grade Separated Crossing Projectfor Not Fewer Than Five Years and Not More Than Ten Years.
The purpose of this item is to seek authorization by ordinance to extend the contract term with
Otak, Inc. for the Power Trail and Harmony Road Grade Separated Crossing Project (the
"Project'? for a period greater than five years not to exceed a total of ten years.
Adopted on First Reading.
16.Resolution 2024-132 Appro ving the 2025 Annual Plan and Proposed Budget for the FortCollins Tourism Improvement District.
The purpose of this item is to consider a resolution approving the Tourism Improvement District
2025 Budget and Annual Plan.
Adopted.
17.Resolution 2024-133 Approving the 2025 Operating Plan and Proposed Budget of the FortCollins Midtown Business Improvement District.
The purpose of this item is to consider a Resolution approving the Midtown Business
Improvement District 2025 Budget and Operating Plan.
Adopted.
City of Fort Collins Page 70 City Council Proceedings
Mayor Pro Tern Francis made a motion, second by Counci/member Gutowsky, to indefinitely
postpone Second Reading of Ordinance No. 159, 2024, Making a Supplemental Appropriation
and Authorizing Transfer of Appropriation for the Southeast Community Center Land
Acquisition in Compliance with Approved Intergovernmental Agreement Between the City of
Fort Collins, Poudre School District and Poudre Libraries.
The motion carried 7-0.
Ayes: Mayor Arndt, Mayor Pro Tern Francis, Councilmembers Canonico, Potyondy,
Gutowsky, Pignataro, and Ohlson.
Nays: None.
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
0)CON SIDERATION OF ITEMS PLANNED FOR DISCUSSION
22.Items Related to Amending City Code to Adjust the Following Fees: Capital Expansion
Fees; Transportation Expansion Fee; Electric Capacity Fee; and Stormwater Plant
Investment Fee.
A.First Reading of Ordinance No. 172, 2024, Amending Chapter 7.5 of the Code of the City of
Fort Collins to revise the Capital Expansion Fees and Transportation Expansion Fee.
Three options are presented for Ordinance No. 172, 2024.
Alternative #1: Incorporates updated fees based on the results of the TCEF and CEF
Study updates.
Alternative #1A: Provides for a two-step implementation of the TCEF and CEF fees, with
50% of the changes being proposed for 2025 and the balance of the full adjustments being
made in 2026.
Alternative #2: Adjusts the current TCEF and CEF fee schedules for inflation only based
on the underlying relevant index (1.9% for TCEF and 2. 7% for CEF's). This is the same
approach utilized in setting 2024 fee schedules. This alternative does not adopt the 2023
fee studies.
B.First Reading of Ordinance No. 173, 2024, Amending Chapter 26 of the Code of the City of
Fort Collins Regarding Calculation and Collection of Development Fees Imposed for the
Construction of New or Modified Electric Service Connections.
C.First Reading of Ordinance No. 174, 2024, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Stormwater Plant Investment Fees.
The purpose of this item is to make adjustments effective January 1, 2025, associated with the
City's Capital Expansion Fees, Transportation Expansion Fees, Electric Capacity Fees and
Storm water Plant Investment Fees. Along with updating Electric Capacity Fee tables in City Code,
staff is proposing language clarifications related to costs included in the fee calculation.
Travis Storin, Chief Financial Officer, noted there are three options for Ordinance No. 172, 2024
and discussed the history of capital expansion fees in Fort Collins. Storin summarized the inputs
and assumptions utilized for the various fees and detailed the three alternatives offered for
Ordinance No. 172, 2024 as well as the recommendations for the additional ordinances.
PUBLIC COMMENT
Joe Rowan expressed his gratitude to both Councilmember Ohlson and Travis Storin, both of
whom are moving on. He encouraged the planned conversation on how impact fees affect
housing affordability and suggested Council has the option to take no action until after that time.
Rowan suggested more emphasis should be placed on future community desires and base fees
on that information.
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COUNCIL DISCUSSION
Councilmember Pignataro asked if the work session scheduled for March is about affordable
housing and AMI or housing affordability. City Manager DiMartino replied that the scope will be
on the broader definition of housing.
Councilmember Pignataro thanked staff for the presentation and asked why the parkland fee has
a larger increase than others. Dave Lenz, Director of Financial Planning and Analysis, replied
that the primary driver for that fee versus the others is the difference in units and parks that were
used as reference. Lenz stated the three most recent neighborhood parks that were developed
were used to estimate future costs and those three were much more expensive with high asset
value increases.
Councilmember Pignataro asked what the last three parks were. Starin replied he believed they
were Dovetail, Traverse, and Sugar Beet.
Councilmember Pignataro asked about the repercussions of not raising fees tonight given the
planned discussion in the spring. City Manager DiMartino replied there would be financial
implications to the City. Starin replied there is Code language around needing to adopt inflationary
updates at a minimum and/or approve at least a study. City Attorney Daggett confirmed there is
a provision in the Code that requires Council to review and update the fees every five years,
though there is no consequence of not doing so.
Mayor Arndt noted the requirement is for an update, not necessarily an increase.
Councilmember Ohlson asked if it is accurate to state the fee update is one year behind now and
a two-year phase in would increase that. Lenz replied the plan was originally to update the fees
in 2021; however, decisions were made to defer two separate times. He noted the study was
done in 2023 with a plan to implement it in 2024.
City Attorney Daggett read the applicable Code language which requires a bit more than just a
study.
Councilmember Ohlson stated his preference for Ordinance No. 172, 2024, is alternative one and
stated his preference would be that fees do not increase; however, the data clearly shows that
not implementing these increases will put the City further behind. He commented on the
importance of trusting staff and data.
Mayor Pro Tern Francis stated she has struggled with this and has questioned the methodology
and the inputs. She concurred the City is budgeting for the city we have today versus the city we
want in the future and stated she would be more comfortable going with alternative two and
waiting until there is more information on housing affordability in the spring. She also stated the
assumptions and methodologies used need to be updated in 2025. She stated she cannot
support updating fees based on a study that does not reflect the community we want.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Pignataro, to adopt
Ordinance No. 172, 2024, Amending Chapter 7.5 of the Code of the City of Fort Collins to
revise the Capital Expansion Fees and Transportation Expansion Fee, alternative two, on
First Reading.
Councilmember Pignataro stated there are too many unknowns and so much as changed from
the 2017 study which is why she is more comfortable with alternative two. She also noted the
utilities fees remain unchanged in all alternatives.
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Mayor Arndt stated we are in a highly volatile time and the future of federal grants is uncertain.
She stated she would support the motion as it stands and commented on the importance of
designing regulations for the city we want, not the city we have.
The motion carried 6-1.
Ayes: Mayor Arndt, Mayor Pro Tern Francis, Councilmembers Canonico, Potyondy,
Gutowsky, and Pignataro.
Nays: Ohlson.
Mayor Pro Tern Francis made a motion, seconded by Councilmember Pignataro, to adopt
Ordinance No. 173, 2024, Amending Chapter 26 of the Code of the City of Fort Collins
Regarding Calculation and Collection of Development Fees Imposed for the Construction
of New or Modified Electric Service Connections, on First Reading.
Councilmember Ohlson asked if this item is presented as the study showed. Storin replied in the
affirmative.
The motion carried 7-0.
Ayes: Mayor Arndt, Mayor Pro Tern Francis, Councilmembers Canonico, Potyondy,
Gutowsky, Ohlson and Pignataro.
Nays: None.
Mayor Pro Tern Francis made a motion, seconded by Councilmember Pignataro, to adopt
Ordinance No. 174, 2024, Amending Chapter 26 of the Code of the City of Fort Collins to
Revise Stormwater Plant Investment Fees.
The motion carried 7-0.
Ayes: Mayor Arndt, Mayor Pro Tern Francis, Councilmembers Canonico, Potyondy,
Gutowsky, Ohlson and Pignataro.
Nays: None.
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
23.Appeal of the Historic Preservation Commission's Landmark Design Review Decision
Denying Metal-clad window replacement at 201 Linden Street (aka the Linden Hotel), a Fort
Collins Landmark.
The purpose of this quasi-judicial item is to consider an appeal of the decision of the Historic
Preservation Commission ("HPC") on August 21, 2024, denying the applicant's/appellant's
request to replace all of the second and third-story windows at 201 Linden Street, also known as
the Linden Hotel, with pre-fabricated metal-clad window units.
The Appellant, Linden Street Treehouse, LLC, the owner of the Property, via OneSeven
Advisors and their attorney, raise nine issues on appeal:
1.The HPC failed to conduct a fair hearing under all 5 grounds:
a.The HPC exceeded its authority or jurisdiction as contained within City Code by
improperly using the U.S. Secretary of the Interior's Standards for the Treatment of
Historic Properties and Old Town Design Standards to justify its denial of window
replacement, required repair of interior features not subject to Chapter 14, Article IV, and
that the HPC failed to adequately consider Municipal Code 14-2 (Preservation Purposes),
the City's Climate Action Plan, or International Building Codes; and
b.The HPC substantially ignored its previously established rules of procedure by failing
to initially accept the Applicant's proffered window exhibit; and
City of Fort Collins Page 75 City Council Proceedings
acknowledged that Council may not want to remand an item back to a body where there were
concerns about a fair underlying hearing, though that language has never been used.
Havelda stated she believes it is the appellants' privilege to waive whether it gets remanded. She
stated she would consider withdrawing the fair hearing item if Council is inclined to decide on the
interpretation piece.
Councilmember Potyondy asked if the applicant is amendable to the wood window replacement
option. Havelda replied in the affirmative.
Councilmember Gutowsky asked if the Commission's decision was because either of the two
proposed window products would not meet historic integrity of the building. Bertolini replied the
Commission was clear that the metal clad windows do not meet the Old Town Design Standards.
In terms of the wood windows, the question was related to salvageable historic material and the
environmental cost of producing new windows for those units. However, there was reco gnition
that an in-kind replacement would meet the standards.
Council member Gutowsky questioned what options the building owner has if the windows are too damaged to be repaired but the Commission is stating they cannot be replaced. Bertolini noted
several window experts were involved and stated historic preservation practice prioritizes repair
over replacement. He noted the City's window expert report had a top recommendation of using
a mixed approach to replace some deteriorating portions and rehabilitating the remainder. The
report's secondary recommendation was to replace in-kind and staff's recommendation to the
Historic Preservation Commission mirrored the two recommendations in that report.
Councilmember Gutowsky asked why the in-kind wood windows were not deemed to be
acceptable given they will be visually identical to the existing windows. Bertolini replied that the
Commission's concerns were related to the loss of historic material. He noted the in-kind
replacement with a small expansion in dimensions is expected in terms of meeting federal
preservation standards and Old Town Design Standards given the need for dual glazing.
Councilmember Gutowsky asked if the proposed replacement windows are much more energy
efficient than a repaired window. Bertolini replied that studies from the National Parks Service
and the National Trust for Historic Preservation find that keeping wood windows in good repair
and adding a storm window can come close to meeting modern international energy conservation
code, which would also be met with a replacement window. He added repair is emphasized to
recognize that there is also an environmental cost to constructing new windows.
Havelda stated the Deep Roots Craftsmen report suggested replacing the bottom sashes,
repairing the top sashes, and adding a storm window would meet the energy efficiency goals.
However, she stated the Commission and the building owners both believe storm windows are
inappropriate, and if they are not part of the equation, energy efficiency goals cannot be met.
Mark Wernimont, Colorado Sash.and Door, stated he has looked at these windows multiple times
over several years and noted the windows have components that "Vere sized for windows that would be in a residential house and are not adequate for windows of this size. He commented
on the need for larger check rails due to glass and wind loading requirements.
Wernimont stated the building owners have a desire to make the building look historically correct
and stated the new windows would meet current building and energy standards and would look
identical to the existing windows. He commented on the advantages of the aluminum clad
windows, including a 30-year finish guarantee. He noted those windows have an exterior clad
that looks like wood and they look virtually identical to the wood clad windows.
Councilmember Gutowsky asked if the Commission found that the installation of new windows
would conflict with the preservation codes and would interfere with the integrity of the building.
Bertolini replied the Commission's motions did not reflect the general statement that replacement
City of Fort Collins Page 78 City Council Proceedings
would not meet the preservation codes; however, the Commission did not believe the point of
replacement had been met.
Councilmember Gutowsky stated she would prefer to see the building as a pristine quality piece
of architecture rather than a cobbled together structure with piecemeal window replacement.
Councilmember Canonico asked if the existing windows could be salvaged and reused elsewhere
if they are replaced. Bertolini replied there is nothing in the Code preventing that, and it is
encouraged.
COUNCIL DISCUSSION
Councilmember Potyondy thanked the participants and stated the fair hearing issue does not
seem to be the central issue. She stated replacement with the in-kind wood windows strikes a
balance with aesthetics and meeting other City goals. She stated the existing windows, despite
being historic, do not seem to be fit for purpose at this point, and the building's historic charm and
appearance would not be compromised with new windows.
Councilmember Pignataro stated she did not see that there was not a fair hearing and would
support providing a certificate of appropriateness for replacement with the in-kind wood windows.
Mayor Arndt concurred with the previous comments and agreed the codes should be read in
harmony. She questioned why the Commission would only approve repair when a higher
performing replacement that will function identically from an aesthetic standpoint exists.
Councilmember Canonico concurred and noted safety is also an issue.
Councilmember Ohlson noted staff's primary recommendation was repair and replace and
requested clarification on that recommendation. Bertolini replied that was the recommendation
going into the August Commission hearing; however, had staff had the evidence discussed during
that hearing prior to making a recommendation, an in-kind replacement would likely have been
recommended.
Councilmember Ohlson commented on being part of a team that renovated about a dozen
buildings in Old Town between 1979 and 1985 and learning about historic preservation which
values the details and maintenance of historic fabric. He referred to the various landmark
designations of the property and discussed the dollars the City has provided for renovations to
the building. He stated the environmental impacts do not play a role in his thought process and
asked about the bottom line of the Deep Roots Craftsmen report and what staff learned that made
that recommendation change. Bertolini replied it came down to the condition of the windows and
the practicality of the rehabilitation process, which was the new evidence that came out in the
August hearing discussion. He noted the rehabilitation process presented some challenges in
l<eeping the windows operable for owners.
Councilmember Ohlson asked if the replacement windows would fit the Secretary of Interior and
Old Town Design Standards. Bertolini replied in the affirmative.
Council member Ohlson asked who is going to ensure the windows look the same before they are
installed. Bertolini replied the applicant provided the specification sheets for the new window
products, including measurements.
Councilmember Ohlson requested assurance someone from staff will check the windows before
they go in. Bertolini replied window replacement in Fort Collins requires a building permit which
will also be reviewed.
Havelda stated the applicants would absolutely stipulate to having an inspection but stated it is
disconcerting that Council is doubting what will be provided.
City of Fort Collins Page 79 City Council Proceedings
Havelda stated the applicants would absolutely stipulate to having an inspection but stated it is
disconcerting that Council is doubting what will be provided.
Council member Ohlson clarified he is only speaking for himself, not for the Council.
David Diehl, representative for the building owners, stated he would personally assure this.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Pignataro, that
Council find that the Historic Preservation Commission conducted a fair hearing in its
consideration of the Linden Street Treehouse, LLC application for a certificate of
appropriateness to replace the second and third story windows on the Fort Collins historic
landmark at 201 Linden Street, and further that Council find the appellants did not establish
with competent evidence in the record that any of the fair hearing a/legation has merit and
that the Council deny and dismiss all the fair hearing allegations.
The motion carried 7-0.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Canonico, Potyondy,
Gutowsky, Ohlson and Pignataro.
Nays: None.
Mayor Pro Tem Francis made a motion, seconded by Counci/member Potyondy, that
Council find the Historic Preservation Commission did not properly interpret or apply the
following historic preservation standards raised in the Linden Street Treehouse, LLC
appeal of the Commission's decision denying a certificate of appropriateness to replace
the second and third story windows on the Fort Collins historic landmark at 201 Linden
Street: the U.S. Secretary of Interior standards for the treatment of historic properties and
the Old Town Historic District Design Standards, and further to overturn the Commission's
decision denying a certificate of appropriateness to replace the second and third story
windows on the Fort Collins historic landmark at 201 Linden Street, and to issue a
certificate of appropriateness to replace the second and third story windows on the Fort
Collins historic landmark at 201 Linden Street with the condition that the replacement
windows must be an in-kind wood, not metal clad window replacement, and further, that
except as so stated based on the evidence in the record and presented at this hearing, any
other issues raised in the appeal are hereby found to be without merit and are denied and
dismissed.
Councilmember Gutowsky commented on the importance of preserving these buildings so they
can be occupied for years to come, and this would enable the building to be comfortable and
secure for the occupants.
The motion carried 7-0.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Canonico, Potyondy,
Gutowsky, Ohlson and Pignataro.
Nays:None.
P)OTHER BUSINESS
OB 1. Possible consideration of the initiation of new ordinances and/or resolutions by
Council members.
(Three or more individual Councilmembers may direct the City Manager and City Attorney to
initiate and move forward with development and preparation of resolutions and ordinances
not originating from the Council's Policy Agenda or initiated by staff.)
None.
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OB 2. Consideration of a motion to adjourn to 6:00 p.m. on November 26, 2024, for the
purpose of annual performance evaluations of Council's direct-report employees:
Mayor Pro Tem Francis made a motion, seconded by Councilmember Canonico, that
Council adjourn this meeting to 6:00 p.m. on Tuesday, November 26, 2024, in order to
consider a motion to go into executive session to conduct annual performance
reviews of the Council's direct report employees, and for such other business as may
come before the Council.
The motion carried 7-0.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Canonico, Potyondy,
Gutowsky, Ohlson and Pignataro.
Nays: None.
Q)ADJOURNMENT
There being no further business before the Council, the meeting was adjourne at 8:57p.m.(Y
ATTEST:
City of Fort Collins Page 81 City Council Proceedings