HomeMy WebLinkAboutMINUTES-05/02/2017-RegularMay 2, 2017
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting — 6:00 PM
• ROLL CALL
PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
Staff present: Atteberry, Daggett, Winkelmann
A AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated Item No. 7, Second Reading of Ordinance No. 058, 2017,
Reappropriating Funds Previously Appropriated in 2016 But Not Expended and Not
Encumbered in 2016, will be moved to Council -pulled items to add a Whereas clause. Council
will consider a motion to adjourn to May 9, 2017. .
r
• CITIZEN PARTICIPATION
Mary Copco, Fort Collins Symphony Executive. Director, announced the final concert of the
season on May 13.
Wes Kenny, Fort Collins Symphony Music Director, stated he is delighted to live in Fort Collins
and discussed the May 13 concert.
Becky Kutz Osterberg, Fort Collins Symphony cellist, played a cello piece.
Meg Dunn, Landmark Preservation Commission Chair, announced May as Historic Preservation
Month and presented Council with a book highlighting the Fort Collins Old Town area as a good
example of historic preservation:.
Adam Eggleston discussed capital expansion fees and requested the fees be phased in over time.
Jan Moraczawski, Larimer County Department of Health and Environment, supported the
smoke -free downtown area as and example of a proven strategy for youth smoking prevention.
Tim Carney discussed heavy traffic on Lemay and Country Club Road and stated the City should
be responsible for providing alternative access to the area given annexations.
Daniel Morali, Larimer County Department of Health and Environment, supported the smoke -
free downtown area.
Garrison Bennet, Eco Car 3, discussed the competition to turn a gas -powered Camaro into an
energy -friendly car.
Ben Lorden, Eco Car 3, discussed the hybrid design and maintenance of the performance
requirements of the Camaro.
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Bradley Nelson, Eco Car 3, thanked the City and Council for supporting CSU and its
Engineering program.
Karen Wagner stated the town of Wellington, the County, and City of Fort Collins should work
together to solve transportation problems in the north part of town. She asked Council follow the
lead of Adams and Boulder County commissioners to halt oil and gas operations until all
operations have been inspected for public safety.
Jeffrey (no last name given) discussed the Old Town smoking ban and intoxicated individuals in
Old Town.
Sharon Stewart requested oil and gas operations not be reopened and expressed concern about air
quality.
Paul Patterson questioned considering short-term rentals as a non -conforming use.
Mary Anderson expressed concern about development near existing oil and gas wells.
Trish Miller discussed the Firestone explosion related to an abandoned oil well and opposed
development near oil and gas wells.
Gretchen Carney stated the City should oppose further development in the north part of town
until adequate infrastructure is in place.
Anita Glasgow expressed concern regarding adequate infrastructure in the northeast part of town.
Joe Rowan expressed concern regarding upcoming impact fees.
David Prosser discussed traffic on Country Club Road.
Monte Barry discussed an increased number of car trips to other grocery stores given the closure
of Safeway at Mulberry and College.
• CITIZEN PARTICIPATION FOLLOW-UP
Councilmember Martinez asked if there.are plans for a grocery store near Mulberry and College.
City Manager Atteberry replied the current property owner is interested in seeing a retail grocer
at the site; however, the City does not have an active role in that process.
Councilmember Martinez commended the cellist and thanked the Eco Car 3 presenters. He
asked about the status of oil and gas well inspections. Lucinda Smith, Environmental Services,
introduced Cassie Archuleta, Air Quality Program Lead and local government designee on oil
and gas issues. Archuleta stated she has been in contact with Fort Collins' operators and the
Colorado Oil and Gas Control Commission asking about similarities and differences between
Fort Collins' oil and gas wells and those in Firestone. The wells in Firestone are high-pressure
gas wells and the oil wells within the City limits are low-pressure oil wells that require water
injection to get the oil flowing. Additionally, Fort Collins' wells are older with very low
capacity.
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Councilmember Martinez asked about the cause of the fatal Firestone explosion. Archuleta
replied the cause was related to,a gas flow line which was inappropriately disconnected from a
gas well.
Councilmember Martinez requested input regarding the northeast traffic concerns. City Manager
Atteberry replied the best opportunity for individuals to participate in the future of area
transportation is coming up with the City Plan and Master Street Plan revamping process. He
stated he can facilitate conversations between Traffic Operations and citizens.
Councilmember Summers congratulated the Eco Car 3 team and 'suggested a proactive approach
to the traffic issues.
Councilmember Overbeck requested a memo regarding traffic issues on Country Club Road.
Councilmember Stephens thanked the Symphony representatives and the Larimer County Health
Department employees. She congratulated the Eco Car 3 team and requested a more in-depth
review of the oil and gas well issue. '
Councilmember Cunniff requested a timeline of when sales tax licenses were granted to short-
term rentals.
Mayor Troxell congratulated the Eco Car` 3 team and noted short-term rentals and shared
economies will be further discussed among Council members.
• CONSENT CALENDAR
Councilmember Martinez withdrew Item No. 10, Resolution 2017-039 Authorizing the Execution
of the Third Amendment to First Amended Intergovernmental Agreement- Pertaining to the
Development of the Interstate 25/State Highway 392 Interchange, from the Consent Agenda.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt and
approve all items not withdrawn from the Consent Agenda.
RESULT:
ADOPTED [UNANIMOUS]
MOVER:
Gerry Horak, District 6, u
SECONDER:
Bob Overbeck,'District 1,
AYES:
Martinez, Stephens, Summers, Overbeck, Troxell; Cunriiff, Horak
' l
1. Consideration and Approval of the Minutes of the March 7, 2017 Regular Council Meeting and
the March 17, 2017 Special Council Meeting. (Adopted)
The purpose of this item is to approve the minutes from the March 7, 2017, Regular Council meeting
and the March 17, 2017 Special Council meeting.'
2. Second Reading of Ordinance No. 053, 2017, Appropriating Prior Year Reserves in the
Transportation Fund for Consulting Services Related to.lnterstate 25 (1-25) Traffic Solution
Efforts. (Adopted)
This Ordinance, unanimously adopted on First Reading on April 18, 2017, renews a one-year
contract with a lobbying and communications firm (Capitol Solutions) to advocate for solutions to
Interstate 25 traffic congestion. and appropriates $30,000 from the Transportation Fund reserves to
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4.
pay for these services. City leaders are working in partnership with regional partners to identify and
pursue funding for the 1-25 corridor in Northern Colorado. Numerous regional efforts, initiatives, and
actions have been taken or are underway to urge the'Colorado legislature and Colorado Department
of Transportation (CDOT) to accelerate improvements to Interstate 25 (1-25) and find long-term
sustainable funding for the state's transportation infrastructure needs. This $30,000 appropriation for
services will continue to augment avid enhance regional efforts and ensure Fort Collins has
representation in discussions on 1-25.
(Adopted)
This Ordinance, unanimously adopted on First Reading on April 18, 207, appropriates $1.50,000
accumulated during 2016 in the Waste Innovation Fund account into the City's General Fund
account for approved projects to develop new organizational -processes that enable departments to
divert more waste material from landfill disposal. '
This Ordinance, unanimously adopted on First Reading on April 18, 2017, appropriates $454,500
from prior year reserves in the Storm Drainage Fund to perform stream rehabilitation improvements
on McClellands Creek and authorizing transfers to the Cultural Services Fund for the Art in Public
Places (APP) program in connection with the Twin Silos Park_project.
5. Second Reading of Ordinance No, 056, 2017, Amending Chapter 9 of the Code of the City of
Fort Collins and Adopting by Reference the 2015 International Fire Code, with Amendments.
(Adopted)
This Ordinance, unanimously adopted on First Reading on April 18, 2017, adopts the 2015
International Fire Code as amended. The International Code Council (ICC) publishes updated codes
every three years. The Poudre Fire Authority Board of Directors has reviewed and approved this
code package and is requesting the code be adopted as,amended.
6. Second Reading of Ordinance No. 057, 2017, Adopting the Fort Collins Utilities Water and
Wastewater Design Criteria Manual. (Adopted)
This Ordinance, unanimously adopted on First Reading on April 18, 2017, adopts a Water and
Wastewater Criteria Manual that establishes minimum standards for designing public improvements
within the Fort Collins Utilities (FCU) water and wastewater service areas.
7. Second Reading of Ordinance No. 059, 2017, Making Various Amendments to the Land Use
Code. (Adopted)
This Ordinance, unanimously adopted on First Reading on April 18, 2017, adopts a variety of
revisions, clarifications and additions to the Land Use Code that have been identified since the last
update in December 2015.
8. Items Relating to the Tax Code. (Adopted)
A. Postponement of Second Reading of Ordinance No. 060, 2017, Amending Article II of Chapter
25 and Division 2 in Article IX of Chapter 26 of the Code of the City of Fort Collins Concerning
the City's Tax and Utility Refund Programs to May 16, 2017. 1
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May 2, 2017
B. Postponement of Second Reading of Ordinance No. 061, 2017, Amending Article III of Chapter
25 of the Code of the City of Fort Collins Concerning the Imposition, Collection, and
Enforcement of the City's Sale and Use Taxes to May 16, 2017.
C. Postponement of Second Reading of Ordinance No. 062, 2017; Amending Article IV of Chapter
25 of the Code of the City of Fort Collins Concerning the City's Lodging Tax to May 16, 2017.
Staff requests postponement 'of Second Reading of these Ordinances to May 16, 2017, due to
additional time needed to vet the definition for "Disabled individual" with the Commission on
Disability. If these items are pulled from the Consent Calendar, Council may choose to
postpone the Ordinances or consider them on Second Reading, in Council's discretion.
9. Resolution 2017-040 Repealing Resolution 2017-010 and Authorizing the Initiation of
Exclusion Proceedings of Annexed Properties Within the Territories of the Poudre Valley Fire
Protection District and the Windsor -Severance Fire Protection District. (Adopted)
The purpose of this item is to'repeal Resolution 2017-010 and to enact a new Resolution to clarify
that the Lodgepole Investments LLC Annexation is within the territory of the Windsor -Severance Fire
Protection District rather than the Poudre Valley Fire Protection District. This Resolution will also
authorize the City Attorney to file a petition in the Larimer County District Court to exclude five
properties within the Poudre Valley Fire Protection District that were annexed into the City in 2016,
and to file a petition in the Weld County District Court to exclude one property within the Windsor -
Severance Fire Protection District that was annexed into the City in 2016. The properties affected by
this Resolution are Lodgepole Investments, LLC Annexation, Maverik First Annexation, Mountain's
Edge Annexation, East Prospect at Boxelder Creek Annexation, Majestic Place Annexation, and the
Cache la Poudre River Annexation. C.R.S. Section 32-1-502 requires an order of exclusion from the
district court to remove these, annexed properties from special district territories. The properties
have been receiving fire protection services from the Poudre Fire Authority and will continue to do
so. The City Attorney's Office files petitions each year seeking exclusion for all properties annexed
in the previous year that should be removed from the fire protection districts (Districts) to avoid
double taxation.
• CONSENT CALENDAR FOLLOW-UP
Councilmember Cunniff requested information regarding the design of the creek improvements
relating to Item No. 4, Second Reading_ of Ordinance No. 055, 2017, Appropriating Prior Year
Reserves in the Storm Drainage Fund Per Stream Rehabilitation Improvements on
McClellands Creek in Connection with the Twin Silo Park Development Project and
Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public
Places Program.
• STAFF REPORTS
Mayor Troxell stated a competitive process was held in the Youth Advisory Board and two
students were selected to go to the National League of Cities.
Sarah Stone, Recreation Supervisor and Staff Liaison to the Youth Advisory Board,
accompanied Vivian Bear and Betsy Pruznick to the National League of Cities, in Washington
D.C. Bear and Pruznick discussed their trip and goals to experience, learn, and connect.
Councilmember Martinez stated interviews for new boardmembers has just occurred.
Bear and Pruznick discussed the,'community chalkboard idea they have planned for the Foothills
Mall.
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May 2, 2017
Kelly Bernish, Director of Safety, Security and Risk Management, discussed the City's historical
focus on safety and the newer focus of injury prevention and safety. The primary goal is to
avoid injuries to employees and citizens.
Councilmember Overbeck asked if seasonal and hourly workers receive this message as well.
Bernish replied in the affirmative. '
• COUNCILMEMBER REPORTS
Councilmember Overbeck reported on the upcoming CSU open house regarding game day
operations and stated the rolling coal bill passed in the State House.
Councilmember Martinez reported on the Affordable Housing Board presentation at his last
listening session, the Elevations Credit Union groundbreaking, and.a tour of the walkway under
Shields at Elizabeth.
Councilmember Summers reported on the breakfast for the Center for Family Outreach.
Councilmember Stephens reported on the work the Center for Family Outreach does in .the
community.
Mayor Pro Tern Horak reported on the Platte River Power Authority Board meeting
Mayor Troxe11 discussed Fort Collins high schools participating in the National Robotics
competitions.
• CONSIDERATION OF COUNCIL -PULLED CONSENT ITEMS
10. Second.Reading of Ordinance No. 058, 2017, Reappropriating Funds Previously Appropriated
in 2016 But Not Expended and Not Encumbered in 2016. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on April 18, 2017, reappropriates 2016
appropriations approved by City Council that lapsed at the end of 2016. City Council authorized
expenditures in 2016 for various purposes. The authorized expenditures were not spent or could not
be encumbered in 2016 because:
• there was not sufficient time to complete bidding in 2016 and therefore, there was no known
vendor or binding contract as required to expend or encumber the monies -
• the project for which the dollars were originally appropriated by Council could not be completed
during 2016 and reappropriation of those dollars is necessary for completion of the project in
2017
• to carry on programs, services, and facility improvements in 2017 with unspent dollars previously
appropriated in 2016.
In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual
fund balances at the end of 2016 and reflect no change in Council policies.
Mike Beckstead, Chief Financial Office7, reaffirmed the determination that there is a benefit to
the utility rate payers associated with the broadband strategic planning effort. To this end, a
Whereas clause has been added since First Reading for clarity and transparency.
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May 2, 2017
Eric Sutherland stated the nexus be the broadband strategic planning efforts and the utility
fees is not strong enough to support the conclusion as it needs to be made under the City Charter.
He stated the other provision of the Ordinance that should be reviewed is the expenditure of
KFCG money to study the impact of NISP on the Poudre River.
City Attorney Daggett stated what is being presented to Council on Second Reading includes an
additional "Whereas" clause which she read into the record.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Stephens, to adopt
Ordinance No. 058, 2017, on Second Reading as amended.
RESULT:
t
ORDINANCE NO. 058, 2017,.ADOPTED ON SECOND READING AS AMENDED
[5 TO 21
MOVER:
Gerry Horak, District 6
SECONDER:
Kristin Stephens, District 4,
AYES:
Stephens, Overbeck, Troxell, Cunniff, Horak
NAYS:
Martinez, Summers
11. Resolution 2017-039 Authorizina the Execution of the Third
The purpose of this item is to amend the City of Fort Collins and Town of Windsor Intergovernmental
Agreement pertaining to the development of the Interstate 25/State Highway 392 interchange to
allow single-family residential as a permitted use on a portion of the Windsor side of the Corridor
Activity Center Overlay Zone. ,
Tom Leeson, Community Development and Neighborhood Services Director, stated the original
IGA with Windsor was adopted in 2010 and established permitted uses, design standards, and
revenue sharing agreement. In 2015, Windsor proposed adding single-family housing and
automobile dealerships to the list of permitted uses and enhanced design standards. The design
standards were adopted by both communities and the automobile dealerships withdrew their
application. The current proposal from Windsor is to amend the IGA to allow single-family use
on a portion of the Muth property located on the northeast corner of 1-25 and Highway 392.
Leeson discussed the proposed revenue sharing and special assessment fees for original
investments.
Eric Sutherland stated his comments are to contrast what is happening with this intersection with
what is happening with the plan to fund improvements to I-25. He commended the collaboration
and revenue sharing arrangements in this agreement but opposed funding development by
regional partners.
Councilmember Cunniff stated he would like to discuss tax increment financing at the Council
retreat. He asked about the payback interval. Leeson replied the timing is based on build -out
and stated the read -before packet contains a table comparing the proposed zoning with the
existing zoning and the resulting difference in sales tax collection. Tom Muth, property owner,
stated commercial development will follow housing development., The build -out timeline for the
residential aspect is likely within' four years.
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May 2, 2017
Councilmember Martinez made a motion, seconded by Mayor Pro Tern Horak, to adopt
Resolution 2017-039.
RESULT: RESOLUTION 2017-039 ADOPTED [UNANIMOUS]
MOVER: Ray Martinez, District 2 - z.
SECONDER: Gerry Horak, District 6
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak.
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
• DISCUSSION ITEMS
12. Consideration of an Appeal of the Planning and Zoning Board Decision Regarding the
Water's Edge Project Development Plan. (Planning and Zoning Board Decision Upheld)
The purpose of this item Iis to consider an appeal of the Planning and Zoning Board (the "Board')
decision to approve the Water's Edge Project Development Plan. On March 29, 2017, an appeal was
filed challenging the Planning and Zoning Board Decision made at the March 16, 2017, hearing (the
"Hearing'). ,
The Appeal includes the following assertions:
The Planning and Zoning Board failed to conduct a fair hearing, in that:
1. The Board improperly failed to receive all relevant evidence offered by the Appellants. 1 '
2. The Board was biased against the Appellants by reason of a conflict of interest or other close
business, personal or social relationship that interfered with the decision maker's independence
of judgment. In support of this assertion, the Appellants intend to introduce new evidence stated
as Pattern of indifference toward, and bias against Serramonte Highlands by Fort Collins."
Mayor Troxell stated Council is acting in a quasi-judicial role for this appeal.
City Attorney Daggett provided an overview of the appeal process and new evidence received by
Council.
Mayor Troxell asked parties -in -interest to identify themselves and outlined time allocations for
presentations.
Tom Leeson, Community -Development and Neighborhood Services Director, discussed the
Waters' Edge project proposal and requested modifications of standard. The project was
approved in March by the Planning and Zoning Board and that approval was appealed by 29
residents of the Serramonte Highlands development. The notice of appeal asserts the Board
failed to receive all relevant evidence offered by the appellants and that the Board was biased
against the appellants by reason of a conflict of interest .or other close business, personal, or
social relationship that interfered with the -decision -maker's independence of judgement.
The appellants alleged three specific claims: emails from residents of Serramonte Highlands
were forwarded to City Planner Jason Holland prior to the hearing, and at the hearing, the clerk
indicated many emails from Hearthfire had been received, but no mention of the Serramonte
Highlands emails was made, an email from Amanda Gentile, a Serramonte Highlands resident, .
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May 2, 2017
sent to and acknowledge by Jason Holland, is missing from the supplemental correspondence for
the hearing, and several important issues raised by the,Serramonte Highlands emails contained in
the supplemental correspondence were not discussed during the hearing sparking concern they
were never read.
Leeson discussed evidence pertinent to the assertions.
Mayor Troxell asked Councilmembers to discuss observations made during the site visit.
Cotincilmember Cunniff stated he oriented himself with the site and observed the plugged and
abandoned oil well on the property.
Councilmember Overbeck stated he asked questions regarding well head locations.
Councilmember Summers stated he got a general layout of the property and proposed project.
Mayor Troxell stated he looked at the site and surrounding neighborhoods and walked to the well
site.
Mayor Troxell asked if there is any new evidence any parties -in -interest intend to offer. John
Daharsh asked that the email from Amanda Gentile be allowed to'be presented during his
presentation. The applicants presented no objection.
Councilmembers and City Attorney Daggett had a discussion regarding the admission of emails
and other evidence and no objections were heard.
APPELLANT PRESENTATION
Mr. Daharsh discussed Ms. Gentile's email being sent to the planner and not received by the
Board and noted it has been mentioned that Ms. Cosmas misspoke at the Board hearing when she
referenced emails as being from Hearthfire residents. He discussed the concerns mentioned in
various emails that were not mentioned in the summary presented to the Board.
Regarding the conflict of interest allegation, Mr. Daharsh stated a clear, pattern of bias against
Serramonte Highlands has existed throughout the history of this PDP and appears to be related to
Serramonte Highlands not being within City limits. He stated the City only discussed density in
relation to the entire site and has not addressed repeated request for different distribution of the
homes on the site. He stated the largest lot sizes should be placed along the border with
Serramonte Highlands given the precedent the City set with Hearthfire.
Mr. Daharsh expressed concern the LMN zoning will bring crime and police activity to the area.
He stated neighbors are not opposed to development on the property but are requesting their
opinions be heard and considered, and that a meaningful and obvious transition including more
space be included.
APPLICANT PRESENTATION
Jim Martell, attorney representing the applicants, discussed the conditions of approval imposed
by the Planning and Zoning Board: to install a traffic light at the corner of Turnberry and
Country Club Road, the 55+ age restrictions, the elimination of two units adjacent to Serramonte
Highlands, and the restriction of those houses bordering Serramonte to one story.
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May 2, 2017
Mr. Martell discussed the appeal allegations of failure to conduct a fair hearing by. failing to
receive all relevant evidence and bias on the part of the Board. He stated the City's definition of
bias involves a conflict of interest and is not the same definition used by Mr. Daharsh. He stated
there is no requirement for discussion of every item, simply a requirement that all documents be
received, and noted the residents of Serramonte attended neighborhood meetings.
Mr. Martell stated a mistake was made when Ms. Gentile's email was not given to the Board;
however, the Board did not refuse to accept evidence given the email was used • to express
concerns, not to present evidence. He requested Council uphold the approval by the Planning
and Zoning Board. .
APPELLANT REBUTTAL
Mr. Daharsh stated he was not alleging the Board was biased, but rather the City of Fort Collins.
The City would benefit financially from revenue generation on the site. He stated there was no
discussion of a buffer and transition between the subject property and the Serramonte FA-1
property. He reiterated concerns about the proposed development dramatically impacting the
quality of life in his neighborhood.
Patrick Renworth stated a conflict of interest does exist because, despite working and paying
taxes in Fort Collins, residents of Serramonte are not treated equally.
Noreen Reist noted the developer was willing to remove additional units in order to meet some
of the requests of Serramonte residents; however, the City would not allow that change as the
development would then not meet the standards for minimum dwelling units per acre.
APPLICANT REBUTTAL
Mr. Martell stated the City does not approve subdivisions to benefit financially from tax revenue.
He stated the City must allow development that fully complies with City Codes.
COUNCIL DISCUSSION
Councilmember Martinez asked how the City defines bias. City Attorney Daggett replied the
Code does not actually define "bias", although it is used in the discussion of the grounds for this
appeal. There is a specific reference to conflict of interest that addresses the bias ground for an
appeal. Conflicts of interest are defined as personal or financial and there is no evidence of any
of the Board members having such a conflict.
Councilmember Cunniff asked if the City currently collects fees sufficient to cover all the
impacts of new development within City limits. Leeson replied fees do not completely cover the
cost of development, although fees are being examined. There are very few land uses that
actually give a return to the municipality enough to cover the cost of serving it.
Councilmember Cunniff asked if Serramonte Highlands is within the City's growth management
area. Jason Holland, City Planner, replied in the affirmative.
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May 2, 2017
Councilmember Cunniff asked if the transitions would be compatible if Serramonte Highlands
were annexed as Urban Estate. Holland replied in the affirmative and stated buffers and
transitions are examined based on a comparison of uses rather than a comparison of zoning.
Mayor Troxell asked if the Hearthfire development was approved under different versions of
City code. Holland replied Urban Estate exists to the western portion of Waters' Edge primarily
because of views and Richard's Lake.
Councilmember Overbeck asked about the September neighborhood meeting and references to
oil well buffers. Holland replied a project similar to this was approved in 2010, at which time
residential setbacks from oil wells were 150 feet. The approved plan expired, and changes were
made to buffer standards requiring a 350-foot buffer prior to the plan being submitted again for
development review. That buffer also applies to plugged and abandoned oil wells. The Board
approved the modification to reduce the 350-foot buffer to 150 feet.
Councilmember Overbeck asked about standard 3.8.26(c). Holland replied that Land Use Code
section addresses buffering.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Martinez, that Council find
that the Planning and Zoning Board conducted a fair hearing in its consideration of the Waters'
Edge Project Development Plan #160006, did not improperly fail to receive all relevant evidence
offered by the appellants, and was not biased against the appellants by reason of a conflict of
interest or other close business, personal, or social relationship that interfered with its
independence of judgement. He further moved that based on the evidence i'n.ihe record and
presented at this hearing, the appeal alleging the Planning and Zoning Board -did, not conduct a
fair hearing is hereby found to be without merit and is denied.
Mayor Pro Tern Horak stated the appeal was about a fair hearing rather. .than about buffer
standards. He stated revenue is never a consideration in a land use decision.
Councilmember Cunniff stated he would support the motion given the format of the appeal and `
its allegations.
Councilmember Summers noted there is evidence the Board made amendments to the plan's
northern boundary to the extent it could.
Councilmember Martinez stated there is no evidence of bias or conflict of interest and the email
that was not received by the Board did not present any evidence.
Councilmember Stephens noted Council was charged with determining whether this was a fair
hearing.
• RESULT: PLANNING AND ZONING BOARD DECISION UPHELD [7 TO 0]
• MOVER: Gerry Horak, District 6
• SECONDER: Kristin Stephens, District 4
• AYES: Stephens, Overbeck, Troxell, Cunniff, Horak, Martinez, Summers
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May 2, 2017
• OTHER BUSINESS
Councilmember Cuuniff requested and received Council support to get an assessment of
underground oil and gas lines in an urgent manner.
Mayor Pro Tern Horak stated the Boxelder Basin Regional Stormwater Authority has a new
member, Martina Wilkinson.
ADJOURNMENT
Mayor Pro Tern Horak made a motion, seconded by Councilmember Cunniff, to adjourn to May
9, 2017 at 6 PM to consider an agreement dealing with the Boxelder Stormwater Authority, a
possible Executive Session, and any other items as may come before Council.
RESULT: ADOPTED [UNANIMOUS] r
MOVER: Gerry Horak, Distract 6
SECONDER: Ross Cunniff, District'5 4°
AYES: Martinez, Stephens, Summers, Overbeck;'Troxell, Cunniff, Horak
The meeting adjourned.at 10:01 PM.
Mayor
ATTEST:
City Clerk
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