HomeMy WebLinkAboutMINUTES-06/01/2010-RegularJune 1, 2010
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, June 1, 2010, 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: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy, and
Troxell.
Staff Members Present: Atteberry, Krajicek, Roy.
Citizen Participation
Holly Carroll, Poudre River Public Library District Director, 201 Peterson Street, thanked Council
and the City of Fort Collins for its support and partnership.
Stacy Lynne, 216 Park Street, discussed Plan Fort Collins and opposed Fort Collins' participation
in the International Council for Local Environmental Initiatives (ICLEI). She opposed the City's
decision to cut funding for water play areas in two of the City's parks.
Vicki Lutz, 1644 Foxbrook Way, thanked Council for its support of Crossroads Safehouse.
Kevin Cross, Fort Collins Sustainability Group, 300 Peterson Street, supported the Climate Action
Plan and noted it was accepted by unanimous Council vote. He opposed the recall proceedings of
Councilmember Poppaw.
Eric Sutherland, 3520 Golden Currant, discussed abuses of TIF awards and specifically opposed
their use in funding the RM12 building.
Cheryl Distaso, Center for Justice, Peace, and the Environment, 135 South Sunset, supported the
Climate Action Plan.
Marlene Gruner, 5225 White Willow Drive, discussed state and local sales tax.
Citizen Participation Follow-up
City Manager Atteberry stated two administrative budget reductions early in 2010 were funding for
the fountains at Fossil Park and Spring Canyon Park.
Marty Heffernan, Director of Culture, Parks, Recreation, and Environment, discussed Parks and
Recreation budget reductions which include keeping the two fountains turned off.
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June 1, 2010
City Manager Atteberry noted the cuts were not tied to Resourcing Our Future. The Oak Street
Plaza fountains were not shut down due to the.high volume of visitors to downtown. He noted no
major safety incidents have been reported at the Oak Street Plaza fountains.
Councilmember Kottwitz expressed concern regarding the lack of City water features operating on
the south side of town and asked about the possibility of turning on one of the south park water
features as opposed to the Oak Street Plaza fountain. City Manager Atteberry replied that is a
possibility and noted the Courthouse and Old Town fountains are funded by the County and
Downtown Development Authority, respectively.
Councilmember Kottwitz asked that the item be brought before Council for further discussion.
Councilmember Troxell agreed with Councilmember Kottwitz and stated efficiencies in other areas
could possibly increase funding for these types of desired facilities. He stated there is no effective
mechanism to prioritize programs within the City organization.
Councilmember Manvel noted the Parks and Recreation Board recently reviewed the decision and
unanimously supported it and stated Council should not micromanage the City budget.
Councilmember Ohlson discussed the large extent of future budget cuts. He discussed ICLEI and
communities with memberships thereof.
Councilmember Roy thanked Ms. Lutz and Crossroads Safehouse for services provided to the
community.
Councilmember Poppaw thanked Ms. Lutz and Crossroads Safehouse.
Mayor Hutchinson noted the Budgeting for Outcomes process is outlined and discussed on the
City's web page.
Agenda Review
City Manager Atteberry rescheduled Item No. 14, First Reading of Ordinance No. 068, 2010,
Making Various Amendments to the City of Fort Collins Land Use Code.
CONSENT CALENDAR
6. Consideration and Approval of the Minutes of the May 4, 2010, Regular Meeting.
7. Second Reading of Ordinance No. 058, 2010, Appropriating $200,000 from Prior Year
Reserves in the General Fund for the City's Contribution for the Boxelder Overflow Project.
Ordinance No. 012, 2009, adopted on January 20, 2009, appropriated S 1.2 million in the
Stormwater Fund and Self -Insurance Fund and irrevocably pledged $800,000 in the General
Fund to be contributed to the Town of Timnath, Colorado for improvements to the Boxelder
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June 1, 2010
Overflow Project. Ordinance No. 012, 2009 states that the City will make four payments of
$200,000 from the General Fund each year, starting in 2010. Ordinance No. 058, 2010,
unanimously adopted on First Reading on May 18, 2010, appropriates the first payment of
$200,000 for fiscal year 2010. Subsequent payments will be appropriated in each of the next
three years.
Second Reading of Ordinance No. 060, 2010, Extending the Contracts of the Citv's Medical
Service and Benefits Consulting Providers for Employee Benefits Programs.
The vendors providing medical coverage and benefits consulting services for City employee
have serviced the City of Fort Collins for many years. This Ordinance, unanimously adopted
on First Reading on May 18, 2010, approves an extension of the current agreements with
those vendors, Great -West and Mercer, for an additional year to allow for sufficient time and
resources for a competitive process to be completed in 2011.
Items Relating to the Platte River Power Authority Contracts.
A. Second Reading of Ordinance No. 061, 2010, Authorizing an Amended and Restated
Organic Contract for Platte River Power Authority.
B. Second Reading of Ordinance No. 062, 2010, Authorizing an Amended and Restated
Contract with Platte River Power Authority For the Supply of Electric Power and
Energy.
The staff of Platte River and the Municipalities initiated an effort to revise and extend the
Organic Contract and the power supply agreements between Platte River and the
Municipalities in late 2007. The goals of this process included: (1) extending the term of the
Organic Contract and the power supply agreements through 2050; (2) the elimination of the
Facilities Agreements between Platte River and each of the Municipalities and the
incorporation of the relevant provisions into the new power supply agreements;( 3) the
creation of a limited exception to the all -requirements nature of the power supply agreements
so that the Municipalities could pursue local energy generation options; and (4) general
editorial updating. These Ordinances were unanimously adopted on First Reading on May
18, 2010.
10. First Reading of Ordinance No. 063, 2010, Appropriating Prior Year Reserves in the
Cultural Services Fund for Transfer to the Capital Projects Fund and Appropriating
Unanticipated Revenue in the Capital Projects Fund for the Building on Basics Lincoln
Center Renovation Project.
The Lincoln Center Renovation project is funded primarily through the Building on Basics
capital tax renewal approved by voters in 2005. Unanticipated grant revenue and prior year
reserves in the Cultural Services Fund will be used to complete the full scope of the $7.3
million project. Approximately $5.5 million has been appropriated from the Building on
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June 1, 2010.
Basics tax and this ordinance appropriates an additional $1.4 million from unanticipated
grant revenue and prior year reserves in the Cultural Services Fund. The remaining
$400,000 needed will be raised through fund-raising with the Building on Basics dollars
being leveraged to complete the full scope of the capital project.
11. Items Relating to the Poudre River Public Library District.
A. First Reading of Ordinance No. 064, 2010, Amending Chapter 7.5, Article II and
Chapter 8, Article III of the City Code to Discontinue the Library Capital
Improvement Expansion Fee. ,
B. First Reading of Ordinance No. 065, 2010, Repealing Chapter 23, Article VII of the
City Code Regarding the Care and Custody of the Library.
Since 1996, the City has imposed an impact fee on residential building permits as a means
of funding the increased demand for library services that comes with a growing community.
In 2006, voters approved the formation of a new Library District funded primarily by
property taxes and a portion of the Building on Basics sales tax. The Intergovernmental
Agreement between the City, Larimer County, and the Poudre River Public Library District
notes that following the opening of Council Tree Library, the Fort Collins City Council will
consider whether to continue imposing a library impact fee.
The Council Tree Library opened in March 2009. Since that time, both Larimer County and
the Town of Timnath have chosen not to impose an impact fee for library services.
Ordinance No. 064, 2010, will discontinue the current library expansion fee imposed on
residential properties in Fort Collins, and eliminate the library capital improvement
expansion account within the capital improvement expansion fund.
Ordinance No. 065, 2010 repeals the last remaining City Code reference to the library,
dealing with the care and custody of the library, which now belongs to the Library District.
12. First Reading of Ordinance No. 066, 2010 Amending Section 1-15 (g) of the City Code
Re ar�g General Penalty and Surcharges for Misdemeanor Offenses, Traffic Offenses and
Traffic and Civil Infractions.
On January 5, 2010, Council adopted the traffic calming surcharge to include bicycle
violations that would be added to citations. The traffic calming surcharge is to be assessed
to what would be considered a violation where one (1) or more points would be assessed to
a motorist. The original ordinance could be interpreted to require the surcharge on all
bicycle violations. This is an effort to ensure the surcharge is applied to any moving
violation where at least one point is assessed.
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June 1, 2010
13. First Reading of Ordinance No. 067, 2010, Amending Section 26-279 of the City Code to
Allow Additional Means of Determining Wastewater Volume as the Basis for Wastewater
Service Fees and Charges.
This proposed Code amendment allows Utilities to establish an alternate means for
determining wastewater volume for typical applications used in manufacturing processes by
some of the City's industrial and large commercial customers. Examples include cooling
towers and other equipment or processes where a measurable reduction in wastewater
discharge can be determined and metered. The reduction would generally be established for
a specific process rather than facility as a whole.
15. First Reading of Ordinance No. 069, 2010, Amending Section 4 of Ordinance No 025 2010
to Change the Meaning of the "Same Ownership" Requirement as Applied to Existing
Medical Marijuana Businesses That Wish to Apply for Licensing under Chapter 15 Article
XVI of the City Code.
The purpose of this Ordinance is to clarify the licensing process existing for medical
marijuana businesses. This Ordinance states that existing businesses applying for a Medical
Marijuana Business License must list at least one original name from the City Sales Tax
License on the application.
16. First Reading of Ordinance No. 070, 2010 Vacating a Portion of Ri t-of-way as Dedicated
on the Plat Richard's Lake PUD, Filing One.
This site is located south of Douglas Road and west of Tumberry Lane. Prior development
proposals dedicated street networks on Hearthfire PUD, First Filing and Richard's Lake
PUD, Filing One. A Planning and Zoning Board hearing was held on January 18, 2007, for
a development proposal entitled Water's Edge that shows a different street layout than was
originally platted. Therefore, a portion of the previously dedicated right-of-way for the
streets is no longer necessary and is proposed for vacation at this time. The right-of-way
vacation on Hearthfire PUD, First Filing is proposed under a separate ordinance.
17. First Reading of Ordinance No. 071 2010 Vacating a Portion of Ri t-of-wav as Dedicated
on the Plat Hearthfire PUD. First Filing.
This site is located south of Douglas Road and west of Tumberry Lane. Prior development
proposals dedicated street networks on Hearthfire PUD, First Filing and Richard's Lake
PUD, Filing One. Since that time a development proposal, Water's Edge, for which a
Planning and Zoning Board hearing was held on January 18, 2007, was submitted which
shows a different street layout than was originally platted. Therefore, a portion of the
previously dedicated right-of-way for the streets are no longer necessary and are proposed
for vacation at this time.
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8. Resolution 2010-031 Adopting the Northern Colorado Regional Hazard Mitigation Plan.
This Resolution will adopt the updated and revised All Hazard Mitigation Plan, as required
by the Federal Emergency Management Agency (FEMA).
19. Routine Easements.
A. Easement for Construction and Maintenance of Public Utilities from Functional
Forms, LLC, to install secondary electric vault at 720 Maple Street. Monetary
consideration: $10
B. Deed of Easement and Temporary Construction Easements for the Downtown Alley
Improvement Project - Montezuma Fuller Alley. From: '
Kissock `91 Partnership, monetary consideration: donation.
Gerald W. and Barbara R. Jackson, monetary consideration: $1,164.
Walter J. Frick, monetary consideration: $89.
Downtown Development Authority, monetary consideration: donation.
K&M Company, LLLP, monetary consideration: $102.
John F. Arnolfo (2), monetary consideration: $325 (each)
Marilyn Roberts and Mitchell A. Busteed, monetary consideration: $30'_
Wallace J. Walberg, monetary -consideration: $305:
K. Douglas Genetten, monetary consideration: $185.
John D. And Mary Anne Motte, monetary consideration: $138.
Dorothy I. Asmus, monetary consideration: donation.
***END CONSENT***
Ordinances on Second Reading were read by title by City Clerk Krajicek.
7. Second Reading of Ordinance No. 058, 2010, Appropriating $200,000 from Prior Year
Reserves in the General Fund for the City's Contribution for the Boxelder Overflow Project.
8. Second Reading of Ordinance No. 060, 2010, Extending the Contracts of the City's Medical
Service and Benefits Consulting Providers for Employee Benefits Programs.
9. Items Relating to the Platte River Power Authority Contracts.
A. Second Reading of Ordinance No. 061, 2010, Authorizing an Amended and Restated
Organic Contract for Platte River Power Authority.
B. Second Reading of Ordinance No. 062, 2010, Authorizing an Amended and Restated
Contract with Platte River Power Authority For the Supply of Electric Power and .
Energy.
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June 1, 2010
25. Second Reading of Ordinance No. 059, 2010, Amending Chapter 23 of the City Code
Pertaining to Excavations, Obstructions and Encroachments.
Ordinances on First Reading were read by title by City Clerk Krajicek.
10. First Reading of Ordinance No. 063, 2010, Appropriating Prior Year Reserves in the
Cultural Services Fund for Transfer to the Capital Projects Fund and Appropriating
Unanticipated Revenue in the Capital Projects Fund for the Building on Basics Lincoln
Center Renovation Project.
11. Items Relating to the Poudre River Public Library District.
A. First Reading of Ordinance No. 064, 2010, Amending Chapter 7.5, Article II and
Chapter 8, Article III of the City Code to Discontinue the Library Capital
Improvement Expansion Fee.
B. First Reading of Ordinance No. 065, 2010, Repealing Chapter 23, Article VII of the
City Code Regarding the Care and Custody of the Library.
12. First Reading of Ordinance No. 066, 2010 Amending Section 1-15 (g) of the City Code
Regarding General Penalty and Surcharges for Misdemeanor Offenses, Traffic Offenses and
Traffic and Civil Infractions.
13. First Reading of Ordinance No. 067, 2010, Amending Section 26-279 of the City Code to
Allow Additional Means of Determining Wastewater Volume as the Basis for Wastewater
Service Fees and Charges.
15. First Reading of Ordinance No. 069, 2010, Amending Section 4 of Ordinance No. 025, 2010,
to Change the Meaning of the "Same Ownership" Requirement as Applied to Existing
Medical Marijuana Businesses That Wish to Apply for Licensing under Chapter 15, Article
XVI of the City Code.
16. First Reading of Ordinance No. 070, 2010, Vacating a Portion of Right-of-way as Dedicated
on the Plat Richard's Lake PUD, Filing One.
17. First Reading of Ordinance No. 071, 2010, Vacating a Portion of Right-of-way as Dedicated
on the Plat Hearthfire PUD, First Filing.
24. First Reading of Ordinance No. 072, 2010, Rescinding the Designation of the Henry
Jessup/Cal Johnson Farm Buildings, 2902 Rigden Parkway, Fort Collins, Colorado, as a
Historic Landmark Pursuant to Chapter 14 of the City Code.
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Councilmember Manvel made a motion, seconded by Councilmember Poppaw, to adopt and
approve the Consent Calendar as amended. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw,
Roy and Troxell. Nays: none.
THE MOTION CARRIED.
Consent Calendar Follow-up
Councilmember Ohlson stated he would like Platte River Power Authority (PRPA) to broaden its
memberships beyond the organizations that are continually lobbying against all appropriate
environmental regulations being proposed on a variety of levels. He requested a progress report to
the PRPA-Board and -the participating City Councils regarding Climate Action Plan progress and
a follow-up to a chart regarding plant pollution. Mayor Hutchinson noted the chart does reference
a "per unit of energy produced" measurement.
Councilmember Ohlson asked if PRPA Board meetings were going to be televised. Mayor
Hutchinson replied the topic has been broached with PRPA's General Manager.
Councilmember Ohlson noted the impact fee for library services for the Poudre River Public Library
District has been discontinued as Larimer County and the Town of Timnath have chosen not to
impose their own impact fees, thereby eliminating the regional aspect of the Library District. He
requested follow-up regarding TIF financing in Timnath.
Councilmember Troxell thanked staff for including comments relating to Fort Zed in the discussion
of the Organic Agreement with Platte River Power Authority.
Councilmember Reports
Councilmember Manvel stated he attended the Convention and Visitor's Bureau (CVB) annual
awards luncheon and Councilmember Ohlson received the Founder's Award for his participation
regarding the CVB and Lodging Tax.
Councilmember Ohlson discussed the Old Town Square 25th Anniversary celebration.
Resolution 2010-032
Declaring the Intent of the City of Fort Collins, Colorado to Issue
Economic Development Revenue Bonds to Provide Financing for a
Manufacturing Facility for Palladius, Inc. DB/A Integware, Inc.;
Prescribing Certain Terms and Conditions of Such Bonds; and
Containing Other Provisions Relating to the Proposed Issuance of Such Bonds, Adopted
The following is staff s memorandum for this item.
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June 1, 2010
"EXECUTIVE SUMIYIARY
The primary reason for the City adopting an inducement resolution for this project is found in
federal tax law. If a municipal borrower or private activity bond beneficiary (e.g., Integware, Inc)
desires the ability to reimburse itself out of the tax exempt bond proceeds for expenditures that
accrue before the issuance of the bonds, the Internal Revenue Service Code will permit such
reimbursement, provided that the public issuer adopts an inducement resolution and the expenditure
is accrued no earlier than 60 days prior to the date such resolution was adopted. Accordingly,
inducement resolutions are often adopted very early in the bond process to maximize the project
costs to which the tax exempt proceeds can be applied. However, as made clear in the resolution,
adoption does not create an obligation on the part of the City to authorize the bonds.
RENl, OX8111,Y)l
Palladius, Inc., doing business as Integware Inc., has requested that the City help in expanding its
business in Fort Collins and facilitating the construction of a new headquarters facility at the
Harmony Technology Park on Harmony Road.
The recommendation is to allocate the City's 2010 Private Activity Bond (PAB) allocation (just over
$6 million) along with Larimer County's allocation (just over $4 million) to help facilitate the
expansion of this important business in the community. The total project cost is around $10 million
for a 60, 000 to 70, 000 square foot headquarters building. The firm currently employs 128 people.
The company expects to add employees and have 185 staff by 2013 (two years post construction).
The construction milestones are as follows:
Vacant Land Purchase and Sale Agreement Execution: April 2010
Project Design/Entitlement Start: May 2010
Project Construction Start: October 2010
Project Certificate of Occupancy: September 2011
The action tonight begins the overall process of allocating and issuing the Private Activity Bonds.
The Action recommended does not, at this time, commit the City to issue the bonds. "
Mike Freeman, Chief Financial Officer, stated this Resolution declares the intent of the City to issue
Private Activity Bonds in the name of Integware, Inc., for the purpose of expanding the software
company. Integware, Inc. has recently opted to purchase property at Harmony Technology Park.
The recommendation is to allocate the City's 2010 Private Activity Bond (PAB) allocation of just
over $6 million, along with Larimer County's allocation of just over $4 million, to help facilitate
the expansion of this business. The item will go before the Economic Advisory Commission and
Council Finance Committee as well.
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June 1. 2010
Mayor Hutchinson noted this Resolution declares intent and asked for clarification regarding the
remaining parts of the process. Freeman replied the first action regarding Private Activity Bonds
is the inducement resolution, which declares intent. The decision to issue the bonds will come in
July or August and will require formal action by Council at that time. The bonds will be issued in
the City of Fort Collins' name although there is no obligation to repay the debt.
Mayor Hutchinson asked how long ago the City last used Private Activity Bonds. Freeman replied
the last project using these bonds for employment projects was two years ago for Custom Blending,
a manufacturing company which recently moved to Harmony Technology Park, as well.
Councilmember Roy asked how frequently Private Activity Bonds are allocated. Freeman,replied
this project would account for the City's entire allocation for fiscal year 2010. The State of
Colorado retains 50% of the total Private Activity Bond allocation so other qualified projects could
go through the state to receive financing.
Councilmember Ohison asked how much this project specifically, and the Private Activity Bond
program in general, is costing the Federal Treasury. Freeman replied debt issued privately would
have a higher interest rate and the bondholder will benefit from the bonds being tax-exempt. Private
Activity Bonds fund many affordable housing projects and manufacturing businesses throughout
the country. Software companies qualify through the end of 2010. Demand for these bonds in Fort
Collins is low due to the lack of a core manufacturing community and the level of difficulty in
qualifying. Private financing is also involved in these projects.
Councilmember Roy asked if the City's bond rating would be affected, should the bonds go into
default. Freeman replied in the negative and noted the bondholder is aware the City is under no
obligation to repay the debt. 1,
Councilmember Troxell asked for information regarding Integware and its history in Fort Collins.
Chris Kay, Integware Chief Executive Officer, stated the company began in 1993 and currently
focuses on assisting medical device manufacturers with FDA regulatory compliance. The company
has added 35 employees as of this year and intends to remain in Fort Collins.
Councilmember Ohlson made a motion, seconded by Councilmember Poppaw, to adopt Resolution
2010-032.
Mayor Hutchinson stated the City can work as a catalyst for encouraging successful business
expansion.
The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy
and Troxell. Nays: none.
THE MOTION CARRIED.
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Ordinance No. 072, 2010,
Rescinding the Designation of the Henry Jessup/Cal Johnson Farm Buildings,
2902 Rigden Parkway, Fort Collins, Colorado, as a
Historic Landmark Pursuant to Chapter 14 of the City Code, Defeated on First Reading
The following is staffs memorandum for this item.
"EXECUTIVE SUMMARY
At its May 12, 2010 Regular Hearing, the Landmark Preservation Commission considered a request
for removal of the Henry Jessup/Cal Johnson Farm, a Fort Collins landmarkproperty, from the Fort
Collins landmark list. The Landmark Preservation Commission considered testimony from the
applicants, the public and staff, and unanimously recommends that Council deny the application for
removal of 2902 Rigden Parkway from the Landmark List.
BACKGROUND
1. Previous Decisions/Actions
On May 12, 1999, the Landmark Preservation Commission determined that the farm structures
associated with Jessup/Johnsonfarmproperty would be eligible, asper Chapter 14 ofthe City Code,
as local landmarks, even when relocated to the middle of the new subdivision at the Rigden Farm
community center.
A notarized application requesting landmark designation, dated September 6, 2000, and signed by
Felix Rojas as owners' representative, was filed with the City.
On September 13, 2000, upon finding compliance with Chapter 14 of the City Code, the Landmark
Preservation Commission passed Resolution 10, 2000, recommending to City Council local
landmark designation of the Henry Jessup/Cal Johnson Farm Buildings at their new location - 2902
Rigden Parkway.
On October 17, 2000, City Council unanimously adopted on First Reading Ordinance No. 141, 2000
designating the Henry Jessup/Cal Johnson Farm Buildings, 2902 Rigden Parkway, as a Historic
Landmark Pursuant to Chapter 14 of the City Code.
On November 7, 2000, City Council unanimously adopted on Second Reading Ordinance No. 141,
2000, designating the Jessup/Johnson Farm Buildings as a landmark, in recognition of the
buildings ' architectural importance to our community. The ordinance was recorded with the County
on November 30, 2000.
2. Background
Established in 1919, Henry and Edna Jessup's historicfarm consists ofa distinctive Craftsman -style
masonryfarmhouse, a largegambrel roofbarn, a historicgarage, a wood chicken coop, and a bunk
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house. The property was owned and occupied by the Jessups through 1961. Calvin and Lois
Johnson purchased the farm in that year.
Calvin, and his brother Glen Johnson, operated the farm under the name Spring Creek Farms, LLC .
Their local business consisted of alfalfa and feed corn crops along with a cattle operation.
In 1999, Calvin sold the farm to Rigden Farm LLC. The farm and the outbuildings were moved to
2902 Rigden Parkway in the spring of 2000, to make way for the widening of Timberline Road,
Drake Road, and their intersection.
Timberline Road is designated on the City's Master Street Plan as a major arterial (six lanes) and
Drake Road is designated as a standard arterial (four lanes). Since the Rigden Farm subdivision
adjoined these two section line roads, and since new development would add a significant number
of traffic to the roads, it was the obligation of the Rigden Farm LLC to improve these roadways to
their full designation and pay for their local streetportion. Without these improvements, the Rigden
Farm development would have failed to comply with the City's Land Use Code requiring that
adequate public facilities be constructed to mitigate the impact of new growth on the edge of the
urban area where existing infrastructure is not fully improved.
On May 12, 1999, the Landmark Preservation Commission determined that the farm structures
associated with the Jessup/Johnson farm property would be eligible, as per Chapter 14 of the City
Code, as a local landmark, even when relocated to the middle of the new subdivision at the Rigden
Farm community center. The Commission agreed that the original setting of the farm at the
Timberline and Drake intersection would be gone, regardless of whether the farm buildings were
relocated or not, due to the road and intersection widening.
After May 12, 1999, the farmhouse and surrounding outbuildings were moved and placed in their
same orientation and relative configuration at the center of the Rigden Farm development.
A notarised application requesting landmark designation, dated September 6, 2000, and signed by
Felix Rojas as owners' representative, was filed with the City.
On September 13, 2000, upon finding compliance with Chapter 14 of the City Code, the Landmark
Preservation Commission passed Resolution 10, 2000, recommending to City Council local
landmark designation of the Henry Jessup/Cal Johnson Farm Buildings at the new location - 2902
Rigden Parkway.
On October 17, 2000, City Council unanimously adopted on First Reading Ordinance No.141, 2000
designating the Henry Jessup/Cal Johnson Farm Buildings, 2902 Rigden Parkway, as a Historic
Landmark Pursuant to Chapter 14 of the City Code.
On November 7, 2000, City Council unanimously adopted, on Second Reading, Ordinance No. 141,
2000, and the ordinance was recorded with the Larimer County Clerk and Recorded on November
30, 2000.
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June 1, 2010
3. Applicant's Request for Delisting and Staff Response
The applicant has provided three reasons for the de -listing of 2902 Rigden Parkway from the
landmark list (see attached). The applicant's points are summarized and are followed by Staffs
response:
A. On September 6, 2000, the application for Local Landmark Designation Nomination Form
for designating 2902 Rigden Parkway was signed by Mr. Felix Rojas who was not a
representative of Rigden Farm LLC. Felix Rojas did not have the authority to sign for
Rigden Farm LLC, the owner of the property.
In response, staff notes that Mr. Felix Rojas did indeed sign the application, dated September 6,
2000, and further, under his signature, Mr. Rojas stated that he was doing so as "Owners
Representative. " (See attached.) Staff can only assume that Mr. Rojas was acting properly, was
duly authorized, and was not committing fraud by misrepresenting his association with the owner.
Staff further notes that at the Landmark Preservation Commission meeting of May 12, 1999, the
public record indicates that the owners were represented by Mr. Scott Griffin.
In addition, at the September 13, 2000 Landmark Preservation Commission public hearing,
Resolution 10, 2000 of the Landmark Preservation Commission (see attached) states:
"WHEREAS, the owner of the property has' consented to such landmark
designation. "
Staff also notes that at City Council First Reading of Ordinance No. 141, 2000, the Agenda Item
Summary — Executive Summary states:
"The owner of the property, Rigden Farm, LLC, is initiating this request for Fort
Collins Landmark designation for the Henry Jessup/Cal Johnson Farm Buildings. "
At the December 9, 2009 Landmark Preservation Commission public hearing, the Rigden Farm
Masters Owners Association was represented by Mr. Mike Schwab.
The application for removal ofdesignated propertyfrom the landmark list, dated May 12, 2010, was
signed by Mike Schwab, Manager, Rigden Farm Master Owners Association.
Rigden Farm LLC is on record as being represented by Mr. Scott Griffin and Mr. Felix Rojas, and
the Rigden Farm Master Owners Association as being represented by Mr. Mike Schwab.
i
At no time in the ten-year period between May 12, 1999 and March 2, 2010 was the issue of an
improper representation or an improper signature ever raised.
B. Rigden Farm LLC was forced to accept this designation in order to move ahead with this
development. The development was held up for apx. (sic) 18 months while Rigden Farm
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LLC and the Cityfought over what to do the buildings. Rigden Farm LLC risked losing the
main anchor King Soopers if an agreement was not reached. In addition at this same time,
something had to be done with the house as it stood in the way of the widening of Timberline.
In response, staff notes that there is no evidence in the public record to indicate that the landmark
designation was nonconsensual. Further, there is no evidence in the record with regard to the status
Of securing King Soopers as an anchor tenant. At the May 12, 2010 Landmark Preservation
Commission hearing, Mr. Schwab stated that they did make an error in the Application for Removal
from the Landmark List, regarding King Soopers. After Mr. Schwab met with the developer again,
the developer noted that King Soopers had not signed a contract with them at the time to buy that
property, but that they were in negotiations.
C. In designating the structures, the City and LPC ignored national criteria on historic
landmarks. The main decision to add these structures was based on a compromised (sic)
reached between the developer and the city. The decision did not take into consideration the
actual national historic standards that the landmark listing should be based. The onlyfactor
that the LPC could cite in their decision was the architectural significance. In doing so, they
ignored a plethora of other factors that should have been considered.
In response, staff notes that the public record indicates that the merits of eligibility pursuant to
Chapter 14 ofthe City Code were thoroughly discussed at the May 12, 1999 Landmark Preservation
Commission public hearing. At this hearing, the Commission determined that the buildings and
structures associated with the Jessup/Johnson farm have sufficient architectural significance and
that they would retain their eligibilityfor designation as a Fort Collins Landmark, even if they were
moved to their new location at the center of the Rigden Farm development. Further, the City's
standards for landmark designation mirror the national standards, so the National Park Service
Standards were indeed considered. While there are, in fact, four different standards for determining
eligibilityfor designation, only one of the four is needed for a proper designation.
At the September 13, 2000 LPC public hearing, the Commission found that after the buildings were
moved, the arrangement of the buildings, the surrounding open space, and, with minimal damage
from the move, the buildings retained their eligibilityfor Landmark status.
Consequently, at the September 13, 2000 public hearing, the LPC determined that the farm buildings
have architectural importance to the City in sufficient compliance with Section 14-5 of the City
Code.
4. Staff Findings
In consideration of an Application for Removal of the Henry Jessup/Cal Johnson Farm Buildings,
at 2902 Rigden Parkway, from the Landmark List, staff makes the following findings:
A. Stafffinds that the public record indicates that the owners, Rigden Farm LLC, were properly
represented by individuals who indicated they were acting as bona fide owner's
representatives.
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B. There is no evidence in the record that designation as a Landmark was improper, coerced
or nonconsensual:
C. In designating the Jessup /Johnsonfarmbuildings, theLPCand City Council actedproperly
in accordance with Section 14 of the City Code.
D. Staff finds that delisting the farm buildings would violate the provisions of Section 14 of the
City Code and thus jeopardize the protected status of the buildings.
ACTION OF THE LANDMARK PRESERVATION COMMISSION
1. Findings of Fact and Conclusions
At the May 12, 2010 regular meeting of the Landmark Preservation Commission, the Commission
heard the Application for Removal of the Henry Jessup/Cal Johnson Farm Buildings, at 2902
Rigden Parkway, from the Landmark List. After considering testimony from the applicants, the
public and staff, the Commission made the following f ndings of fact and conclusions:
In regards to the applicant's first point, that on September 6, 2000, the application for Local
Landmark Designation Nomination Form for designating 2902 Rigden Parkway was signed by Mr.
Felix Rojas who was not a representative of Rigden Farm LLC. Felix Rojas did not have the
authority to sign for Rigden Farm LLC, the owner of the property:
Mr. Sladek moved that whether or not Felix Rojas had authority to act on behalf of Rigden Farm
LLC, it does appear that Rigden Farm LLC knew about the designation of the propertyfor a long
enough period of time that it had an opportunity to object to that designation. Mr. Albright
seconded the motion. Motion approved unanimously, 5-0.
In regards to the applicant's second point, that Rigden Farm LLC was forced to accept this
designation in order to move ahead with this development. The development was held up for apx.
(sic) 18 months while Rigden Farm LLC and the Cityfought over what to do the buildings. Rigden
Farm LLC risked losing the main anchor King Soopers if an agreement was not reached. In
addition at this same time, something had to be done with the house as it stood in the way of the
widening of Timberline:
Mr. Albright moved that the Commission find that Rigden Farm LLC was not coerced, but
discussed and compromised on this designation and that there was no coercion involved. Mr.
Sladek seconded the motion. Motion approved unanimously, 5-0.
In regards to the applicant's third point, that in designating the structures the City and LPC ignored
national criteria on historic landmarks. The main decision to add these structures was based on a
compromised (sic) reached between the developer and the city. The decision did not take into
consideration the actual national historic standards that the landmark listing should be based. The
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only factor that the LPC could cite in their decision was the architectural significance. In doing so,
they ignored a plethora of other factors that should have been considered:
Mr. Albright moved that the Commission find that the criteria for designation was adequately and
properly addressed, and so found by the Board in 1999. Ms. Hummel seconded the motion.
Motion approved unanimously, 5-0.
2. Recommendation of the Landmark Preservation Commission to City Council
In regards to the Application for Removal of the Henry Jessup/Cal Johnson Farm Buildings, at 2902
Rigden Parkway, from the Landmark List, the landmark preservation made the following motion:
Mr. Albright moved that the Commission recommend that the Council not approve the request
for delisting that has been made for the Jessup/Johnson buildings at 2902 Rigden Parkway. Mr.
Sladek seconded the motion. Motion approved unanimously, 5-0. "
Karen McWilliams, Historic Preservation Planner, discussed the Henry Jessup/Cal Johnson Farm
buildings and stated the buildings were moved and adapted, as amenities for the Rigden Farm
subdivision. In September 2000, an application was submitted to the City requesting landmark
designation of the five farm buildings. The Landmark Preservation Commission found the farm
structures would still be eligible as local landmarks when relocated as proposed. Council
unanimously adopted the Ordinance designating the Henry Jessup/Cal Johnson Farm buildings as
an historic landmark in November 2000. A request was made in March 2010 to have the buildings
removed for the landmark designation list. The, Historic Preservation Commission recommended
Council not approve the request for delisting the buildings at its May 12, 2010 regular meeting.
Mike Schwab, Rigden Farm HOA manager and owner's representative, stated the original document
requesting landmark designation was not signed by a representative of Rigden Farm, LLC and
Rigden Farm, LLC was unaware of the landmark designation until recently.
Councilmember Kottwitz asked if the historical designation is part of the HOA contract. Steve
Dush, Current Planning Director, replied the document declaring historical designation was recorded
with Larimer County in November 2000 and would have been noted with any property conveyance.
Councilmember Poppaw asked how long Mr. Schwab had been the Rigden Farm HOA manager.
Mr. Schwab replied he has been the manager for three years.
Councilmember Roy made a motion, seconded by Councilmember Manvel, to adopt Ordinance No.
072, 2010, on First Reading.
Councilmember Manvel stated he would not support the motion as it appears the historical
designation process was followed legitimately.
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Mayor Hutchinson asked what types of City Code violations would occur should the property be
delisted. Dush replied delisting the structure would keep it from being subject to any requirements
that would preserve the integrity of the buildings.
Councilmember Ohlson stated he would not support the motion.
Councilmember Troxell stated he would not support the motion as there is no justification for
delisting the property.
The vote on the motion was as follows: Yeas: none. Nays: Hutchinson, Kottwitz, Manvel, Ohlson,
Poppaw, Roy and Troxell.
THE MOTION FAILED.
("Secretary's note: The Council took a brief recess at this point in the meeting.)
Ordinance No. 059, 2010,
Amending Chapter 23 of the City Code Pertaining to
Excavations, Obstructions and Encroachments, Adopted on Second Reading
The following is staff s memorandum for this item.
"EXECUTIVE SUMMARY
This Ordinance, adopted on First Reading on May 18, 2010, by a vote of 4-2 (Nays: Roy, Troxell)
amends City Code to require anyone with an excavation permit to restore an excavated area to its
original condition when the excavation is complete. The Ordinance clarifies the circumstances for
issuance of the special event permit, the obstruction permit, and the encroachment permit. It also
amends the Code pertaining to the obstruction permit to allow the permit to be issued for non -
construction -related purposes. "
Randy Hensley, Parking Services Manager, stated the current Code allows parking spaces to be used
for construction activities and for special events for which roads have been closed and a special
event permit has been pulled. The Code currently does not have any mechanism to allow the use
of parking spaces for reasons other than construction. Proposed fees for the use of parking spaces
for non -construction related activities are limited by City Code, which directs fees to be based on
cost. Rather than focus on making a list of all possible acceptable uses, staff has opted to focus on
controls such as safety and environmental soundness, to make certain requested uses are appropriate.
Consent of adjacent business owners is also required..
Councilmember Roy asked.how priority would be given to multiple requests for use of parking
spaces. Hensley replied most businesses would not want to use a parking space in front of their
business as it would eliminate a space for customer parking and he has yet to receive multiple
requests for a certain day.
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Councilmember Manvel asked why parking spaces would not be allowed to be obstructed overnight.
Councilmember Poppaw asked for the definition of overnight. Hensley replied the overnight
restriction does not apply to the construction related permit but does apply to the non -construction
related permit as staff does not want any semi -permanent structures to be erected on a parking space.
Overnight begins when the business closes; therefore, the parking space permit would conclude at
that time.
Mayor Hutchinson asked for a characterization of the opinions of downtown businesses. Hensley
replied he receives many requests per year for this service which, up to this point, have had to be
denied. Formally, the proposal went before the Downtown Business Association Board,
Transportation Board, and General Membership Board of the Downtown Business Association and
received overall support.
Councilmember Poppaw made a motion, seconded by Councilmember Roy, to adopt Ordinance No.
059, 2010, on Second Reading.
Councilmember Roy expressed concern relating to the disparity between the economic value of a
parking space and its value based on cost. He stated he would support the motion.
Councilmember Ohlson stated he would. support the motion as it has the support of downtown .
businesses. He noted the parking statistics are available for the Downtown Business Association
both including and excluding the shopping center at the northeast corner of Mulberry and Lemay,
which is also part of the Downtown Business Association.
Councilmember Troxell stated he would support the motion but expressed concern regarding the
lack of a comprehensive downtown parking policy. City Manager Atteberry replied Council will
receive information regarding the policy and staff will schedule a work session should questions
remain.
The vote on the motion was as follows: Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy
and Troxell. Nays: none.
THE MOTION CARRIED.
Executive Session Authorized
Councilmember Ohlson made a motion, seconded by Councilmember Roy, to go into Executive
Session as permitted under Section 2-31(2) of the City Code, to meet with attorneys for the City, as
well as the City Manager, and other affected members of City staff, regarding potential litigation
involving the City, which has to do with the handling of certain water storage projects and the effect
that such projects may have on the City's water supply and other areas of interest and concern to the
City. Yeas: Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none.
THE MOTION CARRIED.
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Adjournment
Councilmember Ohlson made a motion, seconded by Councilmember Poppaw, to adjourn until June
8, 2010, at 6:00 P.M. so that the Council may then consider going into Executive Session to review
and discuss the performance of the City Manager, City Attorney and Municipal Judge. Yeas:
Hutchinson, Kottwitz, Manvel, Ohlson, Poppaw, Roy and Troxell. Nays: none.
THE MOTION CARRIED.
The meeting adjourned at 8:50 p.m.
ATTEST..
III J <
-City Clerk
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