HomeMy WebLinkAboutMINUTES-07/21/2015-RegularJuly 21, 2015
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting — 6:00 PM
• ROLL CALL
PRESENT: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Staff Present: Atteberry, Daggett, Knoll
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry withdrew Item No. 22, First Reading of Ordinance No. 090, 2015,
Amending Chapter 23 of the Code of the City oj' Fort Collins with Regards to Facility and
Property Naming Policies, for additional staff work and language clarification. Additionally, he
stated bus stops will be more aggressively updated to meet ADA standards through a variety of
funding sources.
• CITIZEN PARTICIPATION
Eric Sutherland discussed the Boxelder Stormwater Authority and stated the project was not
worth doing to begin with.
Aaron McGrew thanked Councilmembers for their service and work.
Scott Barak discussed the Colorado State University's purchase of aborted fetal body parts from
Planned Parenthood.
• CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Martinez opposed Mr. Sutherland's criticism of staff and Council.
Mayor Pro Tern Horak discussed the Boxelder Stormwater Authority, stating the project is
financially feasible. The project still makes sense for the City of Fort Collins; its benefits
outweigh its costs.
• CONSENT CALENDAR
Eric Sutherland withdrew Items #3, Second Reading of Ordinance No. 074, 2015, Authorizing
the Transfer of Previously Appropriated Funds in the Storm Drainage Fund From Individual
Stormwater Basin Capital Projects into the Stormwater Basin Improvement Capital Project,
Item #7, Second Reading of Ordinance No. 078, 2015, Making Certain Amendments to Chapter
26 of the Code of -the City of Fort Collins Pertaining to Electric Rates, Fees and Other Charges
Associated with the Time of Use Pilot Rate Study, Item #8, Second Reading of Ordinance No.
082, 2015, Amending the Land Use Code with Regard to City Development Projects, and Item
#17, Resolution 2015-069 Approving the 2015 Certification to the Larimer County Assessor
Pursuant to C.R.S. Section 31-25-807(3)(a)(IV)(B) for the Downtown Development Authority
Property Tax Increment, from the Consent Calendar.
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July 21, 2015
Mayor Pro Tern Horak made a motion, seconded by Councilmember Martinez, to adopt and
approve all items not withdrawn from the Consent Calendar.
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Ray Martinez, District 2
AYES:
Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Second Reading of Ordinance No. 071, 2015, Authorizing the Execution of an
Intergovernmental Agreement Pertaining to Stormwater Utility Service Fees Due by Colorado
State University for Services Provided by the City of Fort Collins. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 7, 2015, approves an
intergovernmental agreement to establish a Stormwater Utility Service Agreement between the City
of Fort Collins Utilities and Colorado State University (CSU). Under this IGA, CSU will agree to
follow the standards, requirements, and conditions related to stormwater management set forth in
Chapter 26 of the City Code. The IGA establishes a baseline of impervious area above which an
additional Plant Investment Fee would be required for an increase of impervious surface. Finally,
CSU will be required to pay monthly Stormwater Utility Fees adjusted by a rate formula that reflects
the benefits to the City system by the additional detention provided on the CSU campus and the
costs associated with the operation of CSU's own Municipal Separate Storm Sewer System (MS4).
2. Items Relating to the Appropriation of Federal Funds in the Community Development Block
Grant (CDBG) and Home Investment Partnerships (HOME) Program Funds. (Adopted)
A. Second Reading of Ordinance No. 072, 2015, Appropriating Unanticipated Revenue in the
Community Development Block Grant Fund.
B. Second Reading of Ordinance No. 073, 2015, Appropriating Unanticipated Revenue in the HOME
Investments Partnerships Fund.
These Ordinances, unanimously adopted on First Reading on July 7, 2015, appropriate the 2015
CDBG and HOME grant funds and CDBG and HOME program income.
3. Second Reading of Ordinance No. 075, 2015, Appropriating Prior Year Reserves in the Water
Fund for 2015 Water Distribution Infrastructure Replacement Projects. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 7, 2015, appropriates $745,000 in
prior year reserves to be used for water distribution system infrastructure replacement projects in
2015. The current funding shortfall is due to unanticipated projects and escalating construction
costs. There are sufficient water plant investment fee revenues in reserve available and
appropriately utilized for this purpose, particularly in light of unanticipated fee revenues received in
2015.
4. Second Reading of Ordinance No. 076, 2015, Appropriating Unanticipated Revenue into
Parking Fund for Parking Enforcement Services at the Harmony Transfer Center. (Adopted)
This Ordinance, unanimously adopted on First Reading on July 7, 2015, appropriates funds received
from the Colorado Department of Transportation (CDOT) to provide daily parking enforcement at the
Harmony Transfer Center (Park and Ride). All costs for this parking enforcement are borne by
CDOT. The City will provide parking enforcement for CDOT's new interregional bus service,
"Bustang", once a notice to proceed is received from CDOT. No physical expansion of the Harmony
Transfer Center Park and Ride is planned at this time.
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5. Second Reading of Ordinance No. 077, 2015, Adopting New Bus Stop Design Standards and
Guidelines. (Adopted)
0
This Ordinance, unanimously adopted on First Reading on July 7, 2015, updates Transfort's Bus
Stop Design Standards and Guidelines. The update integrates Americans with Disability Act (ADA)
requirements and provides guidance for the distribution of passenger amenities at bus stops.
The purpose of this item is to appropriate $700,000 of available Building on Basics funds into the
Building on Basics Intersection Improvements Project to award landscaping and irrigation contracts
for the Horsetooth / Timberline and Vine / Shields Intersection Improvements Projects. Initial project
budgets for these two intersections were established in 2012. Both of these intersections are
currently under construction. Between conceptual planning in 2012 and construction in 2015,
landscaping and irrigation construction prices have risen between 30% and 50%. This appropriation
will allow staff to make the projects whole by awarding and constructing the landscape and irrigation
packages for both intersections.
The purpose of this item is to transfer $350,000 in the Wastewater Fund from the Collection System
Replacement Project to the Water Reclamation Replacement Project. This transfer would be used
for unanticipated equipment replacement at the Drake Water Reclamation Facility.
(Adopted)
The purpose of this item is to propose amendments to the City Code to facilitate a limited pronghorn
hunting season at Soapstone Prairie Natural Area (SPNA). The Soapstone Prairie Natural Area
Management Plan (2007) identified pronghorn hunting as a potential recreation activity at SPNA.
Over the last few years, Natural Areas has worked in collaboration with Colorado Parks and Wildlife
(CPW) and Larimer County's Natural Resources Department to explore and develop a potential
approach to pronghorn hunting on Soapstone Prairie Natural Area (SPNA) and the County's Red
Mountain Open Space (RMOS) that could begin in 2016. Hunting access to SPNA and RMOS
would provide an additional recreation opportunity to the community, assist CPW in maintaining
pronghorn population objectives, and support the respective management plans of -the properties.
Changes to City Code are necessary to allow for the carry and discharge of firearms when
participating in the hunting season on City -owned property. The specific program parameters will be
adopted administratively by the Natural Areas Department.
9. First Reading of Ordinance No. 087, 2015, Vacating Right of WaV as Dedicated on the
Timbervine Plat. (Adopted) .
The purpose of this item is to vacate right-of-way that was dedicated on the Timberline plat located
west of Timberline Road and north of International Boulevard. Lager Street, Lambic Street, Bock
Street, Macinac Street, Saison Street, Stout Street, Dunkel Street, and Mexico Way right-of-way is
no longer necessary or desirable to retain for street purposes. The property is proposed to be
replatted as Timbervine Second Filing, which was approved through an Administrative Hearing on
June 18, 2015.
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10.
12.
(Adopted)
The -owner of the property, Henry Thode III, is initiating this request for Fort Collins Landmark
designation of the Ault/Thode Property at 714 West Mountain Avenue.
The purpose of this item is to call a Special Municipal Election to be held in conjunction with the
November 3, 2015 Larimer County Coordinated Election, and preserves the opportunity for Council
to place initiated or referred issues on the November ballot. If Council decides to place any
measures on the ballot, it would need to do so no later than at its August 18 meeting. If Council
does not take action by ordinance or resolution before the statutory deadline (September 4) to certify
ballot language to Larimer County, the election will be cancelled and the provisions of this Ordinance
will be of no further force and effect.
This Ordinance does not submit a specific measure to the November 3, 2015 ballot. However,
Council is considering whether to seek voter authorization to set aside statutory limitations on direct
or indirect local government competition in utility, entertainment, and telecom services within the
City's growth management area, pursuant to §§ 29-27-101 to 304, C.R.S. Adoption of this Ordinance
is a required step in preserving the option for City Council to submit the initiated ordinance, and/or
any other ballot measures that Council may desire, at the November 3, 2015 Coordinated Election.
The purpose of this item is it to approve expenditures from the Art in Public Places Reserve Account
to commission an artist to create art for the second phase of the APP North College Improvement
Project. The expenditures of $33,542 will be for design, materials, fabrication, installation and
contingency for Andy Dufford of Chevo Studios to create five stone and metal monuments for the
North College Improvement Project.
13. Resolution 2015-068 Approving Fort Fund Grant Disbursements. (Adopted)
14.
The purpose of this item is to adopt the recommendations of the Cultural Resources Board to
disburse Fort Fund grants to community events from the Cultural Development and Programming
and Tourism Programming Accounts.
The purpose of this item is to authorize the City Manager to execute Grant Agreement No. 3-08-
0023-034-29015 from the Federal Aviation Administration (FAA) for $760,000. The FAA grant will be
used for a capital construction project that includes the construction of a snow removal equipment
storage facility. This item also authorizes the City Manager to sign a State of Colorado Division of
Aeronautics Grant ("CDAG") Agreement for $42,222.
15. Resolution 2015-071 Making Appointments to the Land Conservation and Stewardship and
Water Boards. (Adopted)
The purpose of this item is to appoint David Tweedale to the Land Conservation and Stewardship
Board and Kent Bruxvoort to the Water Board to fulfill vacancies created through resignations.
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July21, 2015
• END CONSENT
• COUNCILMEMBER REPORTS
Councilmember Overbeck thanked the boards and commissions for attending last week's work
session. He reported on his attendance at the Buckeye neighborhood block party and his
participation in the Preserve American Youth summit. He showed a video regarding the summit.
Councilmember Martinez and Mayor Troxell also commented on their participation in the
Preserve American Youth summit.
• DISCUSSION ITEMS
16.
On May 14, 2015, in a 6-1 vote, the Zoning Board of Appeals (ZBA) approved the motion to uphold
the decision of the Community Development and Neighborhood Services (CDNS) Director. Three
separate appeals of the ZBA's decision were filed with the City Clerk. The three parties of appellants
are as follows:
• McGrew Appeal: Aaron McGrew, Ashley McGrew, Joseph Piesman, Ray Frush, Lisa Moravan,
and Mark Havens
• Snyder Appeal: John Snyder
• Laupa Appeal: Cindy Laupa and John Laupa (represented by: Jamie Baker Roskie, Attorney at
Law)
The City Code outlines six errors that can occur during the decision making process. The three
parties have filed an appeal on the following alleged errors:
• Failure to properly interpret and apply relevant provisions of the Land Use Code. (McGrew,
Snyder and Laupa Appeals)
• Failure to conduct a fair hearing, in that the Board exceeded its authority or jurisdiction as
contained in the Code or Charter. (Snyder and Laupa Appeals)
• Failure to conduct a fair hearing in that, the Board considered evidence, relevant to its findings,
which was substantially false or grossly misleading. (McGrew, Snyder and Laupa Appeals)
These are the issues for Council's consideration in connection with these appeals.
Mayor Troxell noted the appeals will be consolidated into a single process.
Councilmember Martinez recused himself from the discussion of this item.
City Attorney Daggett reviewed the appeal process and history of the matter up to this point.
Mayor Troxell provided an outline of the time allotments for each section of the hearing and
stated three Councilmember attended a site visit.
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July 21, 2015
Councilmember Cunniff stated he attended the site visit and compared the site to plans on record.
Councilmember Overbeck stated he also attended the site visit and observed the property.
Mayor Troxell stated he attended the site visit and noted three items were passed out.
Additionally, he detailed questions that were asked at the site visit and asked if there were any
objections to the admission of two exhibits which have been submitted to the City Clerk. There
were no objections. Mayor Troxell asked there were any general procedural questions prior to
the start of the hearing.
An unidentified audience member asked if the appellants would be allotted a total of 30 minutes
or would each be cut off at 10 minutes. Mayor Troxell replied each appealing party would
receive 10 minutes.
Rick Zier requested certain inclusions in the staff presentation.
Mayor Troxell asked if the appellants would be amenable to allowing the total time of 30
minutes rather than each party receiving 10 minutes. Jamie Baker Roskie, attorney representing
the Laupa's, requested three discreet times and requested each appellant be given 20 minutes
rather than 10.
Mayor Troxell stated each appellant would be granted 10 minutes.
Tom Leeson, Interim Director of Community Development and Neighborhood Services, stated
the presentation has been revised from the one that was published, primarily to ensure that the
presentation was consistent with the agenda summary provided in the Council packet as well as
to provide some clarifying points. He stated the staff presentation is designed to provide a
summary of the evidence from the ZBA hearing and is not intended to be a full explanation of
what occurred in that hearing. He noted a verbatim transcript of the ZBA hearing was included
in the packet.
Leeson stated the Zoning Board of Appeals met on May 14, 2015 and approved the motion to
uphold the decision of the Community Development and Neighborhood Services Director, which
approved the change of use permit for 201 East Elizabeth Street to a fraternity with three
conditions: the building shall be limited to 18 occupants, no meeting shall exceed 18 attendees,
and 8 off-street parking spaces shall be provided. Subsequent to the ZBA decision to uphold the
Director's decision, three appeals were filed. Leeson detailed the grounds for appeal for each of
the three appeal applications.
APPELLANT PRESENTATION
Ms. Roskie, attorney representing the Laupas, stated staffs assertion that the -1978 certificate of
occupancy for this property is still valid is incorrect. Even if it were valid, the Director's
decision to grant a change of use permit was an abuse of discretion and exceeded her jurisdiction
as did the ZBA's ratification of that permit. The Code provision on which the permit was
granted is void for vagueness and raises due process concerns. She stated the permit should be
denied because the fraternity use and occupancy are incompatible with the neighborhood and
surrounding uses., Additionally, the three conditions of the change of use permit are insufficient
to address the impacts of this use. The proper remedy is to deny a fraternity use altogether.
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July 21, 2015
Matt Morris, representing the Snyder appeal, stated the intent of the Building Code, which is to
protect public health, safety and welfare, should be taken into consideration. He discussed the
history of the property and its uses and descriptions of single-family occupancy. The property
should be evaluated under current building codes and should not be permitted under a fraternity
classification until the property has been altered to comply with such codes, citing a change of
use and change of occupancy classification. Additionally, the Zoning Board of Appeals' meeting
minutes describe the property multiple times as a single-family residence after 2006 with no
comments to the contrary on record.
Aaron McGrew, representing the McGrew appeal, opposed the use of the property in question
citing the character of the neighborhood and the Eastside and Westside Neighborhood Plan.
Ashley Linton, representing the McGrew appeal, further discussed the Eastside Neighborhood
Plan.
Joe Piesman discussed the neighborhood and stated current residents have worked hard to make
the block what it is today.
Mark Havens discussed the renovation of his property at 215 East Elizabeth and stated this
proposal will forever change the character of the neighborhood.
Lisa Moravan opposed the high -density use of the subject property and expressed concern
regarding enforcement of imposed conditions.
OPPONENT PRESENTATION
Rick Zier, attorney for opponents to the appeal, stated this is an appeal under the Land Use Code,
not the Building Code.
Deanne Fredericksen, planning consultant with AGProfessionals representing Saddle Up
Partners, stated this application meets or exceeds applicable Land Use Code requirements. The
NCB zone, in which this property is located, allows fraternity uses with a Planning and Zoning
Board review. Ms. Fredericksen noted the planned parking lot exceeds Code requirements by
two spaces and stated the property owners have worked out an agreement with a nearby church
to allow for additional parking. She requested the decision of the Director and the decision of
the appeal to the ZBA be upheld.
Julie Rickett, property owner at 201 East Elizabeth, stated returning this building's use to a
fraternity would be the most sustainable, efficient and mindful thing to do with the large home.
This project exemplifies the partnership between CSU and the Fort Collins community and the
fraternity use has led to improvements inside and outside the property. Additionally, the
character of the current fraternity residents has been exemplary and fear and prejudice are the
driving force against welcoming Greek students into a house that is a perfect fit for them.
Paul Milewski, property owner at 201 East Elizabeth, stated he was assured the property was
properly zoned prior to purchasing the home. Fraternity chapters are no longer allowed to have
alcohol at parties and many of the original complaints were prejudiced against fraternity uses.
Improvements to the property will increase property values. Mr. Milewski discussed the process
he and Ms. Rickett have undertaken and all of the City's processes have been properly followed
by his team.
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July 21, 2015
APPELLANT REBUTTAL
Ms. Roskie stated this permit involves Building Code issues and the Code clearly requires
Planning and Zoning Board approval. No finding was made by the Director as to why that
would not be reasonably feasible. None of the promises made by Mr. Milewski and Ms. Rickett
are enforceable. She requested. Council deny the change of use permit on the basis that the 1978
certificate of occupancy is no longer valid, that the change of use permit was improperly granted
in excess of the Director's jurisdiction and as an abuse of discretion, and on the basis that the
fraternity use is incompatible with the neighborhood and surrounding uses.
Mr. Morris stated the current certificate of occupancy on file for the property indicates it is an R-
1 while a slide presented by Leeson noted that the property will be evaluated as an R-2 by
Building Code. It is a change of occupancy classification and should be evaluated as such
according to the Building Code.
Mr. McGrew stated he is not discriminatory against the fraternity members and commended the
group of young men. He questioned whether the property is safe enough to house 18 people as
is.
OPPONENT REBUTTAL
Mr. Zier stated the applicants have met all City requirements and the project has been vetted
through all appropriate City processes. He noted the Planning and Zoning Board review would
have only been required if this were a new use, as opposed to the resurrection of an abandoned
use. The Director did her job carefully and correctly, as ratified by the Zoning Board of Appeals,
as per the Land Use Code's regulations regarding abandoned uses.
Mr. Milewski stated he and Ms. Rickett will be hands-on property owners and want to integrate
in the neighborhood. They are quite concerned with safety.
(Secretary's note: The Council took a brief recess at this point in the meeting.)
Councilmember Conniff requested information regarding the determination that the 1978
certificate of occupancy is still valid. Mike Gebo, Chief Building Official, replied the 1978
certificate of occupancy was issued identifying fraternity and boarding and rooming uses. The
typical process for changing a certificate of occupancy would involve the owner going through
the City process to change the occupancy type. This property never underwent action to revoke
the certificate of occupancy. The 2006 extensive remodel met all of the applicable Building
Codes in place at the time and the owner at that time made no efforts to change the certificate of
occupancy to single-family. Gebo was uncertain whether or not an owner living in a boarding or
rooming house would be considered a violation of the certificate of occupancy.
Councilmember Conniff asked if any of the 2006 remodeling would have been in conflict with
the building's use as a fraternity. Gebo replied in the negative.
Mayor Pro Tem Horak asked if all the Codes for a fraternity use were met in 2006. Gebo replied
in the negative stating the certificate of occupancy issued in 1978, provided a variance' for a
sprinkler system and there was no trigger in the 2006 permit to require a sprinkler system.
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July21, 2015
I
Mayor Pro Tem Horak asked if all Codes applicable to a fraternity use were met in 2006 when
the remodeling was done. Gebo replied in the affirmative.
Councilmember Cunniff asked if the 2006 work was inspected. Gebo replied in the affirmative
and stated a letter of completion was issued because the certificate of occupancy already existed.
Councilmember Campana requested additional information regarding a letter of completion
versus a certificate of occupancy. Gebo replied the first-time occupancy of a building is issued a
certificate of occupancy, which is a Building Code term that identifies the occupancy
classification. That certificate of occupancy remains until it is changed through another permit
process. Any work for which permits are issued from the time the original certificate of
occupancy is issued does not change the certificate of occupancy and those permits are closed by
the issuance of a letter of completion, not another certificate of occupancy.
Councilmember Cunniff asked if there is a threshold with respect to building codes under which
a certain amount of remodel would require them to update to the latest version of the adopted
Building Code. Gebo replied in the negative.
Councilmember Overbeck asked if there are any employees on the premise of the fraternity. The
applicant replied in the negative.
Mayor Pro Tern Horak asked if there is a specific definition of fraternity. Gebo replied there,was
not a specific fraternity definition in the Building Code at the time the certificate was originally
issued.
COUNCIL DISCUSSION
Mayor Troxell requested Council discussion regarding the issue of a fair hearing.
Councilmember Cunniff expressed agreement with the staff recommendation that the Director
was authorized to make the original decision. Additionally, he agreed the original certificate of
occupancy was still in place and applicable.
Councilmember Campana made a motion, seconded by Councilmember Cunniff, that the Board
conducted a fair hearing in its consideration of the change of use permit for 201 East Elizabeth
Street and did not exceed its authority or jurisdiction or consider evidence that was substantially
false or grossly misleading.
Councilmember Campana commended the neighborhood pride but stated the evidence shows the
Director was the appropriate decision -maker and a fair hearing was conducted.
Councilmember Cunniff stated he would support the motion as the presented evidence indicates
standards were met.
RESULT: BOARD CONDUCTED A FAIR HEARING [UNANIMOUS]
MOVER: Gino Campana, District 3
SECONDER: Ross Cunniff, District 5
AYES: Campana, Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak
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July 21, 2015
Mayor Troxell requested Council discussion regarding the allegation of improper interpretation
and application of Land Use Code provisions.
Mayor Pro Tem Horak stated the equity of the situation has not been completely addressed and
suggested additional conditions on the use could be imposed related to making sure the use is
meeting current standards regarding health and safety. Gebo stated the current Codes have
additional residential occupancies based on whether they are transient occupants or non -transient
occupants and the number of occupants. Therefore, if this were a transient use with 16 or less
residents, the building would need to be sprinkled to the single-family dwelling standard. If this
were a non -transient use with more than 16 occupants, the building would need to be sprinkled to
a commercial standard.
Mayor Pro Tern Horak asked if any other health and safety standards would be applicable. Gebo
replied only the sprinkler condition would be applicable to this address because everything else
is already in place.
Councilmember Campana asked if a variance to the sprinkler would be possible given the
historic nature of the property. Gebo replied in the affirmative but noted life and safety are
always the priority.
Mayor Troxell asked about egress windows in the property. Gebo replied the permits in the file
reference egress windows and electric upgrades, among other improvements.
Mayor Troxell asked about the addition of handicapped parking at the rear entrance. Gebo
replied the accessibility to a building is independent from parking accessibility. The
requirements for accessibility into the building would be examined should a change of
occupancy occur.
Councilmember Overbeck asked about the parking agreement with the church which limits
parking there during the weekends. Mr. Milewski replied there are two more parking spaces on -
site than are required by Code and stated there is plenty of on -street parking. On -street parking
has never been an issue just east of the house and the number of off-street spaces exceeds the
Code requirements.
Councilmember Campana made a motion, seconded by Mayor Pro Tern Horak, to modify the
approval by the Zoning Board of Appeals of the change of use permit for 201 East Elizabeth
Street, by adding the following condition: that a single-family, 13D, sprinkler system be installed
in the property within 24 months, during which time the fraternity can continue to operate under
the occupancy as granted. Additionally, Campana moved that, except as so stated, based on the
evidence in the record and presented in this hearing, the McGrew, Snyder and Laupa appeals are
hereby found to be without merit and are denied.
Councilmember Campana stated the sprinkler is a good compromise to alleviate health and
safety concerns while allowing enough time for the property owners to gain some income and
plan to install the system.
Mayor Pro Tern Horak questioned the difference between a fraternity and a boarding house.
Gebo replied the current Code states a residential group, RI, would be a boarding house with
more than 10 transient occupants. A non -transient boarding house with more than 16 occupants
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July21, 2015
would be classified as R2, and a boarding house with 16 or fewer non -transient occupants is R3;
therefore, the full commercial sprinkler system would be required in this instance.
Cameron Gloss, Planning Manager, stated the Land Use Code does differentiate between a
boarding house and a fraternity.
Mayor Pro Tem Horak asked if Council could place a condition on this approval to allow only a
fraternity use. City Attorney Daggett replied that requirement is within Council's discretion.
Mayor Pro Tem Horak asked about the implications of placing that type of restriction on this
property. Gloss replied the main differentiation is that a fraternity or sorority has specific
requirements in its association with Colorado State University.
Councilmember Campana asked how existing Codes would pertain to each type of use. Gloss
replied the Land Use Code contains a series of performance standards related to occupancy and
the decision maker has the authority to add conditions related to sound, light, hours of operation,
and other compatibility criteria.
Councilmember Campana asked about complaints being filed and the nuisance ordinance. Gloss
replied the nuisance ordinance does apply to those uses and the proper City department would
handle complaints.
Councilmember Cunniff suggested an amendment that the occupancy be constrained to
fraternity/sorority uses.
Leeson noted the Building Code does not differentiate between the two uses; however, the Land
Use Code does differentiate and stated the current approval of a fraternity use applies right now.
He stated a change of use process would need to occur in order for the use to be changed to a
boarding house.
Councilmember Cunniff withdrew his amendment.
Mayor Pro Tem Horak and Councilmember Stephens stated they would support the motion.
Mayor Troxell requested verification of CSU's requirements for fraternities.
RESULT:
BOARD DECISION UPHELD, WITH CONDITION [UNANIMOUS]
MOVER:
Gino Campana, District 3
SECONDER:
Gerry Horak, District 6
AYES:
Campana, Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak
17. Items Relating to the Addition of Permitted Use Amended Process. (Adopted on Second
A. Second Reading of Ordinance No. 079, 2015; Imposing a Moratorium Upon the Application or
Effectiveness of Section 1.3.4(D) of the Land Use Code Pertaining to the Addition of Permitted
Uses by the Planning and Zoning Board.
B. Second Reading of Ordinance No. 080, 2015, Amending Section 1.3.4 of the Land Use Code
Pertaining to the Addition of Permitted Uses in Eight Zone Districts.
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July 21, 2015
The purpose of this item is to amend the Land Use Code to require City Council review of Addition of
Permitted Use (APU) applications in eight residential zone districts and to enact a moratorium on
such applications for a period of ninety (90) days from the effective date of Ordinance No. 79, 2015
or until the effective date of Ordinance No. 80, 2015, whichever occurs first. Ordinance No. 079,
2015 was adopted on First Reading on July 7, 2015 by a vote of.5-2 (Nays: Campana, Trozell).
Ordinance No. 080, 2015 was unanimously adopted on First Reading on July 7.
Cameron Gloss, Planning Manager, reviewed Council's previous recommendation and detailed
the recommended process. He stated it is customary that the City provide a letter to affected
property owners citing details of the application and a citizen has recently requested the inclusion
of a separate brochure in those letters which would describe the APU process. He stated staff
would prefer to have a posting on the City's webpage, which is customary for other types of
development review procedures.
Eric Sutherland opposed Council's policy to not take comments regarding potential quasi-
judicial matters and ex parte communication.
Paul Patterson stated the APU process is too vague and expressed concern regarding the use of
the process wherein a developer and citizens are not in agreement. He suggested postponement
of the Second Reading of the Ordinance pending further consideration of the structure of the
process.
Michelle Haefele requested postponement of the Second Reading of the Ordinance and
enactment of a moratorium on the use of the APU.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 079, 2015, on Second Reading.
RESULT: ORDINANCE NO. 079, 2015 ADOPTED ON SECOND READING [6 TO 11
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak
NAYS: Campana
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to postpone
consideration of Second Reading of Ordinance No. 080, 2015, to September 1, 2015.
Councilmember Campana stated he would not support the motion as the current APU process is
not broken.
Councilmember Martinez agreed with Councilmember Campana but stated he would support the
motion as a compromise.
Councilmember Stephens stated she would support the motion as it provides an additional layer
of protection for the city's neighborhoods.
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July 21, 2015
RESULT:
ORDINANCE NO. 080, 2015 SECOND READING POSTPONED TO SEPTEMBER
1,2015[6TO11
MOVER:
Gerry Horak, District 6
SECONDER:
Ross Cunniff, District 5
AYES:
Martinez, Stephens, Overbeck, Troxell, Cunniff, Horak
NAYS:
Campana
19. First Reading of Ordinance No. 083, 2015, Adopting a Policy Related to Initiation of
Ordinances and Resolutions and Making Related Clarifying Amendments to Section 2-32(d)
of the Code of the City of Fort Collins. (Adopted on First Reading)
The purpose of this item is to adopt a policy relating to Council or Councilmember action initiating
ordinances and resolutions and make related clarifying amendments to Section 2.32(d) of the City
Code. Two options (A — majority vote required; or B — three Councilmembers' support required) are
provided based on the Council's discussion. at its July 7 meeting. This item was postponed to July
21st at that time.
City Attorney Daggett described changes to the Ordinance since it was first presented on July 7
Eric Sutherland read from the City Charter and stated it indicates the legislative purview of
Council may be taken up by a single Councilmember in terms of bringing items up for
consideration by the entire body.
Nancy York stated there is no rationale for changing the three Councilmember rule.
Cheryl Distaso, Fort Collins Community Action Network, supported keeping the status quo.
Councilmember Cunniff stated the Charter provision mentioned by Mr. Sutherland would still be
in effect and would allow any Councilmember to write and bring forth an Ordinance or
Resolution; however, that would not have any staff time, public outreach, or expenditure of City
resources. City Attorney Daggett replied that is correct to some extent; however, there is a
specific provision that charges the City Attorney with drafting all Ordinances and Resolutions.
Councilmember Cunniff argued three Councilmembers should be able to bring forth an issue for
consideration, citing other examples wherein three Councilmembers, such as the Finance
Committee, can bring forth recommendations.
Councilmember Campana argued Committees can bring forth recommendations; however, that is
different than directing an Ordinance to be crafted. He argued having four Councilmembers in
agreement to direct the crafting of an Ordinance would increase efficiencies.
Councilmember Martinez stated it is important to not overburden staff unnecessarily.
Councilmember Stephens agreed with Councilmember Cunniff.
Councilmember Overbeck stated the rule of three has served the citizens well and stated he
would not support the rule of four.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Campana, to adopt
Ordinance No. 083, 2015, Option A, on First Reading.
City of Fort Collins Page 181
July 21, 2015
Mayor Pro Tern Horak stated the rule of three has not necessarily been beneficial.
Councilmember Martinez requested City Attorney input regarding Mr. Sutherland's reference to
the City Charter. City Attorney Daggett replied she does not believe the Charter would prohibit
Council from adopting this Ordinance; Council still has the ability to establish processes it will
use in order to administer the work of staff.
Mayor Troxell stated he would support the motion stating this would not preclude good items
coming forward, but does encourage discussion among Councilmembers in order to engage
broader City engagement.
RESULT:
ORDINANCE NO. 083, 2015 ADOPTED ON FIRST READING [4 TO 31
MOVER:
Gerry Horak, District 6
SECONDER:
Gino Campana, District 3
AYES:
Martinez, Campana, Troxell, Horak
NAYS:
Stephens, Overbeck, Cunniff
• CONSIDERATION OF CITIZEN -PULLED CONSENT ITEMS
20.
(Adopted on Second
Reading)
This Ordinance, unanimously adopted on First Reading on July 7, 2015, transfers and consolidates
previously appropriated funds from the nine individual stormwater basin capital projects and the
Drainage System Replacement Project into the citywide Stormwater Basin Improvement Capital
Project. All appropriations will continue to be used for stormwater basin management improvement
projects, while improving transparency and flexibility to fund and construct the highest priority
stormwater improvements that are required citywide.
Eric Sutherland stated he pulled this item because Fort Collins has the highest stormwater fees of
any comparable city along the Front Range. He opposed the City's expenditures.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt
Ordinance No. 074, 2015, on Second Reading.
Councilmember Cunniff asked if there are anticipated uses for these funds. Kevin Gertig,
Utilities Executive Director, replied there is a prioritized list in the Agenda Item Summary and
the request is for some flexibility with accountability regarding this list. Jon Haukaas,
Stormwater Utilities, clarified there is not one large project slated for these funds.
Councilmember Conniff asked about the progress of the Stormwater Capital Improvement Plan.
Gertig replied there is an existing Capital Improvement Plan for Stormwater, the project
priorities for which will be updated. .
Councilmember Cunniff asked when the fee structure will be reexamined. Gettig replied that is
not scheduled at this time; however, staff is working on developing some initial information.
Mayor Pro Tern Horak noted there are many open space areas which have been funded by
Stormwater dollars.
City of Fort Collins Page 182
July21, 2015
RESULT: ORDINANCE NO. 074, 2015 ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
21.
on
This Ordinance, unanimously adopted on First Reading on July 7, 2015, implements a residential
time -of -use (TOU) pilot rate study. The pilot study will implement two parallel TOU rate structures for
pre -selected residential customers for a 12-month period. Customers will have the option to opt -out.
Staff is recommending a "best -bill" guarantee to encourage participation throughout the life of the
study. A sampling of net metering solar photovoltaic (PV) customers will be included within each pilot
rate group.
Eric Sutherland opposed the City's Smart Meter installation stating the anticipated cost savings
have not occurred. He referred to the installation as an experiment which has.failed.
Councilmember Martinez asked if there is evidence to support Mr. Sutherland's claims.
Councilmember Campana replied this is a pilot study which has nothing to do with Smart
Meters. Lance Smith, Utilities Strategic Financial Planning Manager, stated the intent of the
pilot study is to help determine whether a time of use rate may or may not be more effective than
the current rate structure. There are no studies he is aware of which have looked at whether or
not time of use rate structures promote conservation.
Councilmember Campana stated this study has multiple objectives, to determine if one of the
piloted rate structures more effectively promotes energy conservation than the current tiered rate,
to determine if one of the piloted rate structures more efficiently utilizes the existing generation
resources, and to more fairly charge the actual cost for the electricity being provided.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to adopt
Ordinance No. 078, 2015, on Second Reading.
Councilmember Cunniff stated he has received citizen concerns that there may not be a well -
identified control in this study.
City Manager Atteberry stated there are opinions supporting Mr. Sutherland's comments;
however, the challenge is utilizing data -driven research papers. He stated this item will attempt
to garner beneficial local data and noted half of these funds were from a Department of Energy
grant.
RESULT: ORDINANCE NO. 078, 2015, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
City of Fort Collins Page 183
July 21, 2015
22. Second Reading of Ordinance No. 082, 2015, Amending the Land Use Code with Regard to
City Development Projects. (Adopted on Second Reading)
Ordinance No. 082, 2015, unanimously adopted on First Reading on July 7, 2015, amends the Land
Use Code to require any development review project in which the City is an applicant to be reviewed
by the Planning and Zoning Board (P&Z) and eliminate formal appeals to the City Council while
allowing a Council override of a P&Z decision.
Eric Sutherland stated City -driven projects can also go through the appeal process; however,
citizens may not be parties -in -interest. He stated this change is predicated on the idea that
Council members may then have the latitude to speak with citizens about City -driven projects and
argued there is little to no difference between those projects and garden-variety development
review processes.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to adopt
Ordinance No. 082, 2015, on Second Reading.
RESULT: ORDINANCE NO. 082, 2015, ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
23. Resolution 2015-069 Approving the 2015 Certification to the Larimer County Assessor
Pursuant to C.R.S. Section 31-25-807(3)(a)(IV)(B) for the Downtown Development Authority
Property Tax Increment. (Adopted)
The purpose of this item is to certify for 2015 to the Larimer County Assessor the percentages of
property tax distributions that are to be allocated for the Downtown Development Authority by the
Assessor as tax increment from the property taxes of the City and of all other affected taxing entities.
Eric Sutherland opposed multiple -year financial obligations stating they are in conflict with the
TABOR amendment.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Overbeck, to adopt
Resolution 2015-069. Yeas: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff and
Horak. Nays: none.
THE MOTION CARRIED.
RESULT: RESOLUTION 2015-069 ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
• OTHER BUSINESS
Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to cancel the
August 4, 2015 Council meeting as permitted under Section 2-28 of the City Code so that
Councilmembers may participate in the annual Neighborhood Night Out.
City of Fort Collins Page 184
July 21, 2015
RESULT:
MOTION TO CANCEL AUGUST 4 COUNCIL MEETING ADOPTED
[UNANIMOUS]
MOVER:
Gerry Horak, District 6
SECONDER:
Ross Cunniff, District 5
AYES:
Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, that the City call a
Special Meeting of the Council pursuant to Section 2-29(a) of the City Code for 6:00 PM on
Tuesday, August 1 I's, to be held at City Hall, 300 Laporte Avenue, for the,purpose of a possible
Executive Session to discuss personnel matters related to collective bargaining. '
RESULT: MOTION TO CALL SPECIAL MEETING ON AUGUST 11, 2015, ADOPTED .
[UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
Councilmember Overbeck stated there was an oil spill in the City's Growth Management Area
recently. He stated the County was asked to look into the issue; however, they have yet to
respond.
Councilmember Overbeck made a motion, seconded by Councilmember Cunniff, to direct City
staff to formulate a formal policy to post all oil and gas spills within the Growth Management
Area and the City of Fort Collins.
Councilmember Cunniff made a friendly amendment that the City Manager inform Council of
the current policy, but if it does not include posting on the City's website, that that starts being
developed. Councilmember Overbeck accepted the friendly amendment.
RESULT:
MOTION ADOPTED [UNANIMOUS]
MOVER:
Bob Overbeck, District 1
SECONDER:
Ross Cunniff, District 5
AYES:
Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
• ADJOURNMENT
Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to adjourn to 6:00
PM on Tuesday, July 28, 2015 to consider such business as may come before the City Council,
including the findings of the tonight's appeal hearing.
RESULT: MOTION TO ADJOURN TO JULY 28, 2015, ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: - Ross Cunniff, District 5
AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak
City of Fort Collins Page 185
July 21, 2015
The meeting adjourned at 10:10 PM.
Mayor
ATTEST:
Chief Deputy City Clerk c
City of Fort Collins Page 186