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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/09/2016 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE JAgenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY February 2, 2016 City Council STAFF Wanda Winkelmann, City Clerk SUBJECT Consideration and Approval of the Minutes of the January 5, 2016 Regular Council Meeting and the January 12, 2016 Adjourned Council Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the January 5, 2016 Regular Council meeting and the January 12, 2016 Adjourned Council meeting. ATTACHMENTS 1. January 5, 2016 (PDF) 2. January 12, 2016 (PDF) City of Fort Collins Page 313 January 5, 2016 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, Winkelmann  AGENDA REVIEW: CITY MANAGER City Manager Atteberry withdrew the Light and Power Reliability Update Staff Report and postponed Item No. 16, First Reading of Ordinance No. 011, 2016, Amending Chapter 14 of the Code of the City of Fort Collins Regarding Landmark Preservation, to January 19 to allow time for the Landmark Preservation Commission to provide feedback on the proposed changes prior to First Reading.  CITIZEN PARTICIPATION Jessica Aguilar, Fort Collins Homeless Coalition, discussed the abandoned property ordinance and camping ordinance, stating the latter ignores the reality that camping is the only option for homeless individuals, while the abandoned property ordinance does not ignore that reality. Nick Haws thanked staff for work regarding Item No. 10, Stormwater Criteria Manual, and commended its representation of Plan, Do, Check, Act (PDCA). Francesco Arndorfer, Liberty Common Robotics Team, stated this year’s Lego Robotics challenge theme is trash and discussed food waste and possible solutions for its reduction. Riley Carlson, Liberty Common Robotics Team, detailed ways to divert food waste from the landfill. Deborah James stated she left her home when it became physically abusive and is now homeless. She was not allowed a bed at the Mission because she has a service animal. Cheryl Distaso, Fort Collins Homeless Coalition, supported the homeless outreach program. She opposed the current camping ordinance draft as written as it criminalizes people for sleeping. Lynn Barker discussed a memorandum of understanding between United Way, the Rescue Mission, Catholic Charities, and the City which states federal guidelines will be followed; therefore, service animals, per federal ADA laws, should be allowed by the Mission. She supported the homeless outreach program as well.  CITIZEN PARTICIPATION FOLLOW-UP Councilmember Martinez thanked the students from Liberty Common who spoke. He asked whether or not the claims of ticketing homeless campers when shelters are full are true. City January 5, 2016 City of Fort Collins Page 314 Manager Atteberry replied that is the first time he has heard that claim and he will consult with staff for an answer. Councilmember Martinez asked about the accommodation of homeless individuals with service animals and how service animals are defined. City Manager Atteberry replied service animals are defined by other agencies. Councilmember Stephens asked about the status of the overflow shelter. Jeff Mihelich, Deputy City Manager, replied a separate overflow shelter does not exist this year; however, the number of individuals that Catholic Charities and the Rescue Mission can accommodate has been increased to a greater number than last year. Councilmember Stephens asked about hotel vouchers for particularly cold nights. Mihelich replied those are available and staff will discuss with the Rescue Mission regarding allowing service animals. Councilmember Stephens noted Crossroads Safehouse also provides housing in abusive situations. She commended the presentation by the students from Liberty Common. Councilmember Campana stated this is an opportunity for Fort Collins to provide innovative solutions for homelessness. He commended the presentation by the students from Liberty Common and thanked Mr. Haws for his comments. Mayor Pro Tem Horak noted the camping ordinance is unscheduled and asked what type of outreach is currently being completed. Mihelich replied staff is currently reaching out to stakeholders for input and the new draft of the ordinance deals with what happens when shelters are full. Mayor Pro Tem Horak asked about data counts regarding individuals being turned away and if that information could be placed on the City’s web page. Mihelich replied those counts have been made and can be placed online and provided to Council. Mayor Troxell thanked the citizens who spoke and commended the Liberty Common students and Mr. Haws for speaking. Councilmember Martinez requested further detail regarding the number of beds which have been added in shelters as part of the staff follow-up.  CONSENT CALENDAR Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt and approve all items on the Consent Agenda. January 5, 2016 City of Fort Collins Page 315 RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 1. Consideration and Approval of the Minutes of the December 15, 2015 Regular Council Meeting. (Adopted) The purpose of this item is to approve the minutes from the December 15, 2015 Regular Council meeting. 2. Second Reading of Ordinance No. 149, 2015, Authorizing the Conveyance of an Easement on Maxwell Natural Area to the Board of Governors of the Colorado State University System. (Adopted) This Ordinance unanimously adopted on First Reading on November 17, 2015, authorizes conveyance of a ten-year renewable easement to Colorado State University on Maxwell Natural Area that will replace a 99-year lease for access to maintain the Aggie “A” on the Natural Area. The Natural Areas Department proposed that the City grant a permanent easement to the Board of Governors of the Colorado State University System (CSU) on Maxwell Natural Area. The easement will also enable CSU and its students to carry out two other group activities that currently require annual permits from Natural Areas. CSU’s current access typically has minimal impact to the Natural Area and no additional impacts are anticipated. No other access rights are to be conveyed. On First Reading, Council amended the Ordinance to authorize the City to enter into a ten-year easement agreement with CSU that will automatically renew for successive ten-year terms unless either party elects to terminate the easement after notice to the other party. Second Reading was postponed to January 5, 2016 after CSU raised concerns regarding the easement terms. Those issues have since been resolved and CSU is willing to accept the language as approved by City Council on First Reading. Following First Reading minor edits were made to the Ordinance by the City Attorney’s Office to improve the clarity of the Ordinance language. Those edits are shown in the Second Reading Ordinance. 3. Items Relating to the Lodgepole Investments LLC Annexation and Zoning. (Adopted) A. Second Reading of Ordinance No. 163, 2015, Annexing Property Known as the Lodgepole Investments LLC Annexation to the City of Fort Collins. B. Second Reading of Ordinance No. 164, 2015, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Lodgepole Investments LLC Annexation to the City of Fort Collins. These Ordinances, unanimously adopted on First Reading on December 15, 2015, annex and zone 39.7 acres platted and approved in Larimer County as Fossil Creek Farm M.L.D., Tracts A and B. There are two tracts of land included in this annexation, located southwest of the intersection of I-25 and State Highway 392. The requested zoning for this annexation is G-C, General Commercial (10.0 acres) on Tracts A and (29.77 acres) on Tract B. The property is located within the Fossil Creek Reservoir Area Plan boundary. 4. Second Reading of Ordinance No. 165, 2015, Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public Improvements in Connection with the Lincoln Corridor Improvements Project – Phase I. (Adopted) This Ordinance, unanimously adopted on First Reading on December 15, 2015,authorizes the use of eminent domain, if deemed necessary, to acquire property interests needed to construct improvements to Lincoln Avenue between the Poudre River Bridge and Lemay Avenue. Lincoln January 5, 2016 City of Fort Collins Page 316 Corridor Improvements Project - Phase I will construct road and intersection improvements, multimodal enhancements, utility improvements, and access control improvements in accordance with the Lincoln Corridor Plan. The project is planned to begin construction in the summer of 2016 and be completed in 2017. To construct these improvements, the City will need to acquire certain property interests adjacent to the project area. The acquisitions include right-of-way, permanent easements, and temporary easements from eleven property owners. Timely acquisition of the property is necessary to meet the anticipated construction schedule. Staff fully intends to negotiate in good faith with the affected owners and is optimistic that all property negotiations can be completed prior to the start of the Project. Staff is requesting authorization of eminent domain for all property acquisitions for the Project only if such action is deemed necessary. 5. Second Reading of Ordinance No. 166, 2015, Adopting Updates to the Larimer County Urban Area Street Standards. (Adopted) This Ordinance, unanimously adopted on First Reading on December 15, 2015, updates the Larimer County Urban Area Street Standards (LCUASS). These updates include both technical/text updates, and correction of inconsistencies identified by staff since the last major update, as well as updates to the street cross-sections implementing recommendations from the 2014 Bicycle Master Plan. Additionally language was added aligning the City's policy towards "complete streets", as identified in City Plan and the Transportation Master Plan. This item corresponds to Strategic Plan Objectives; Safe Community 5.6 and Transportation 6.1, 6.3, 6.4. Once the City approves these updates the changes must also be approved by City of Loveland and Larimer County before they are incorporated into LCUASS, as these are a shared set of standards between the three jurisdictions. 6. First Reading of Ordinance No, 001, 2016, Appropriating Revenue in the Community Capital Improvement Fund for Initiation of the Various 2016 Approved Projects, Transferring a Portion of that Appropriation to the Capital Projects Fund and a Portion thereof to the Cultural Services and Facilities Fund for the Art in Public Places Program Contribution Associated with the 2016 Approved Projects. (Adopted) The purpose of this item is to appropriate $6,980,000 of Community Improvement Program funding for 2016 to initiate ten projects and programs identified as those of the highest priority during community outreach and guidance provided by City Council, and to transfer a portion of these appropriated funds to the Capital Projects Fund from which a portion will also be then transferred to the APP program. 7. First Reading of Ordinance No. 002, 2016, Appropriating Unanticipated Grant Revenue from the Congestion Mitigation and Air Quality Grant for the Extension of FLEX Regional Route Service and Authorizing Execution of Implementing Intergovernmental Agreements by the City Manager. (Adopted) The purpose of this item is to request a 2016 appropriation in the amount of $475,000 to facilitate additional service for the FLEX regional transit route. This additional service is being fully funded through a Congestion Mitigation and Air Quality (CMAQ) grant that was awarded to Boulder County for the extension of FLEX services to Boulder. Staff is not requesting any additional City funding because the local match is being provided by existing Transportation Management Association (TMA) partner contributions and by the City of Boulder. The additional service is set to begin in January 2016 under a three-year pilot program. Transfort is acting in the capacity of pass-through recipient of the CMAQ funding and will request from Council further appropriations for 2017 and 2018 service in the 2016 Budgeting for Outcomes (BFO) process. These further appropriations will again be fully funded with external revenue. 8. First Reading of Ordinance No. 003, 2016, Appropriating Unanticipated Grant Revenue in the General Fund for the Fort Collins Police Services Victim Services Unit. (Adopted) The purpose of this item is to fund the Victim Services Unit of Fort Collins Police Services for victim advocacy services under the Colorado Victim Rights Amendment for victims of crime and their family members. The Fort Collins Police Services Victim Services Unit has been awarded a 12-month January 5, 2016 City of Fort Collins Page 317 grant in the amount of $37,000 for the period from January 1, 2016 to December 31, 2016, by the Eighth Judicial District Victim Assistance and Law Enforcement (VALE) Board to help fund services provided by this team. These funds will be used for part of the salary for the victim advocate who provides crisis intervention services during weekday hours and is housed in the Victim Services office. These funds will also pay for a portion of the operational expenses needed to provide 24-hour a day, 7-day a week services to victims of crime in the community. 9. Items Relating to Underage Possession and Consumption of Alcohol and Marijuana Offenses and Consistency with State Law. (Adopted) A. First Reading of Ordinance No. 004, 2016, Amending Chapter 17 of the Code of the City of Fort Collins to Establish an Offense for Underage Possession or Consumption of Ethyl Alcohol. The purpose of this item is to create a municipal misdemeanor offense that mirrors the state law on underage possession and consumption of alcohol. B. First Reading of Ordinance No. 005, 2016, Amending Chapter 17 of the Code of the City of Fort Collins to Bring the Existing Underage Code Offenses for Possession or Consumption of Marijuana into Conformity with State Law. The purpose of this item is to bring the current underage possession and consumption of marijuana municipal misdemeanor offenses into conformity with state law. 10. Items Relating to Revisions of Certain Detention and Development Policies in the Fort Collins Stormwater Criteria Manual. (Adopted) A. First Reading of Ordinance No. 006, 2016, Amending Chapter 26 of the Code of the City of Fort Collins and the Fort Collins Stormwater Criteria Manual to Modify the Criteria for Underground Detention Systems. B. First Reading of Ordinance No. 007, 2016, Amending Chapter 26 of the Code of the City of Fort Collins and the Fort Collins Stormwater Criteria Manual to Modify Provisions Implementing Low Impact Development Principles. The purpose of this item is to formally adopt two updates to the Stormwater Criteria Manual. Ordinance No. 006, 2016, updates the criteria that govern when, where, and to what extent it is appropriate to design and construct underground stormwater detention systems in the City of Fort Collins. Ordinance No.007, 2016, updates the current Low Impact Development (LID) criteria. The two policies are consistent with sustainability goals for the City of Fort Collins which center on three themes: innovate, sustain and connect. The adoption of these updated policies will allow for more efficient use of space, thus allowing the City to meet its sustainability goals, provide innovative design flexibility for new development that will enhance community affordability and livability, and allow a more compact development pattern in Fort Collins enhancing connectivity and reducing sprawl. 11. First Reading of Ordinance No. 008, 2016, Authorizing the Release of a Covenant on the Murphy Center Property. (Adopted) The purpose of this item is to release a covenant that is no longer needed following the loan payoff and Release of Deed of Trust for the Community Development Block Grant (CDBG) Public Facility project regarding the Sister Mary Alice Murphy Center for Hope. 12. First Reading of Ordinance No. 009, 2016, Declaring Certain City-Owned Property on Running Deer Natural Area as Road Right-of-Way. (Adopted) The purpose of this item is to declare a strip of property owned by the City as road right-of-way. The right-of-way will be used for the construction of a new Boxelder bridge, stormwater improvements, January 5, 2016 City of Fort Collins Page 318 and in the future for the ultimate 4-lane configuration of East Prospect Road. The City owns parcels of property located at the southwest corner of East Prospect Road and Southwest Frontage Road. The parcels are part of Running Deer Natural Area. The City of Fort Collins Utilities and Engineering Departments are working in tandem on two stormwater improvement projects in the area that are intended to eliminate the overtopping of Prospect Road during large flood events in Boxelder Creek and to facilitate the eventual widening of Prospect Road to the ultimate 4-lane configuration. Construction on the stormwater and Boxelder bridge improvements are anticipated to begin in spring 2016 and will be completed late summer 2016. This Ordinance officially establishes the portion needed for Prospect Road on the City’s property as public road right-of-way. 13. Resolution 2016-001 Adopting the City Fort Collins General Employees’ Retirement Plan as Amended and Restated Effective January 1, 2016. (Adopted) The purpose of this item is to consolidate two amendments, one made in October 2012 and the other in February 2013, to the 2012 Restated General Employees’ Retirement Plan (the Plan) into a newly restated Plan, effective January 1, 2016. 14. Resolution 2016-002 Making Appointments to Various Boards, Commissions and Authorities of the City of Fort Collins. (Adopted) The purpose of this item is to appoint individuals to fill vacancies that currently exist on various boards, commissions, and authorities due to resignations of board members and vacancies to be created upon the expiration of terms of current members. Applications were solicited during September and October. Council teams interviewed applicants in December. This Resolution appoints individuals to fill current vacancies and expiring terms. This Resolution does not fill all vacancies. Interviews are continuing, and any remaining vacancies will be advertised as needed.  CONSENT CALENDAR FOLLOW-UP Councilmember Cunniff commended staff work regarding Item No. 10, Items Relating to Revisions of Certain Detention and Development Policies in the Fort Collins Stormwater Criteria Manual, and asked if it would be possible to quantify the anticipated benefits of the changes with respect to stormwater quality and quantity prior to Second Reading and to develop a timeline to determine when the City’s vision regarding stormwater quality can be realized. Jon Haukaas, Water Engineering and Field Services Operations Manager, replied quantification can be assembled prior to Second Reading. Some of the timeline issue is related to development. New development is meeting the City’s vision. Councilmember Cunniff discussed his general question regarding when Codes will be written in a way that would make certain that 100% vision is achieved. Councilmember Campana commended staff work regarding Item No. 10, Items Relating to Revisions of Certain Detention and Development Policies in the Fort Collins Stormwater Criteria Manual, stating it is yet another example of leadership by Fort Collins. Mayor Pro Tem Horak supported Item No. 7, First Reading of Ordinance No. 002, 2016, Appropriating Unanticipated Grant Revenue from the Congestion Mitigation and Air Quality Grant for the Extension of FLEX Regional Route Service and Authorizing Execution of Implementing Intergovernmental Agreements by the City Manager. January 5, 2016 City of Fort Collins Page 319  DISCUSSION ITEMS 15. First Reading of Ordinance No. 010, 2016, Amending Section 15-620 of the Code of the City of Fort Collins Relating to Retail Marijuana Establishments' Hours of Operation. (Adopted on First Reading) The purpose of this item is to change the allowable operating hours of retail marijuana businesses from 8:00 a.m. to 7:00 p.m. to 8:00 a.m. to 8:00 p.m. Ginny Sawyer, City Manager’s Office, stated this amendment changes operating hours for retail marijuana establishments from 8AM-7PM to 8AM-8PM in order to maintain consistency with the County and due to requests from local businesses. Twelve marijuana businesses in town hold a total of 43 licenses. She discussed various unresolved issues which include caregiver grows and stated a BFO offer will be written to look at examining the current status and the impacts of marijuana on the community. Mayor Troxell stated Police Services has provided data with regard to increases in underage possession and drinking. The BFO offer will include research on community impacts. Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance No. 010, 2016, on First Reading. RESULT: ORDINANCE NO. 010, 2016, ADOPTED ON FIRST READING [6 TO 1] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Stephens, Overbeck, Campana, Troxell, Cunniff, Horak NAYS: Martinez 16. First Reading of Ordinance No. 011, 2016, Amending Chapter 14 of the Code of the City of Fort Collins Regarding Landmark Preservation. (Postponed to January 19, 2016) The purpose of this item is to present to Council proposed changes to the landmark designation procedure set forth in Article II, Chapter 14, of the City Code to make the landmark designation process more efficient in cases where a property owner does not consent. RESULT: ORDINANCE NO. 011, 2016, POSTPONED TO January 19, 2016 [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak  OTHER BUSINESS Mayor Pro Tem Horak noted the next Council meeting will involve the consideration of the Coy Hoffman property silos. He requested a video of the interior of the silos given structural integrity is at question. Councilmember Overbeck commended the idea and suggested the inclusion of items for scale. City Attorney Daggett stated staff has suggested the video not be narrated; however, if the video can be shown during Council’s hearing, it will give Council the opportunity to ask questions. January 5, 2016 City of Fort Collins Page 320 Councilmember Cunniff discussed the extermination of the prairie dogs on the recycling center site and asked, for future situations, how their existence could have been known further in advance. Councilmember Overbeck agreed with Councilmember Cunniff’s comments and supported examining non-lethal solutions for prairie dogs. Mayor Pro Tem Horak stated a change in the prairie dog policy can be looked at as an opportunity for Fort Collins to be a leader in research and education from the Natural Areas perspective.  ADJOURNMENT Mayor Pro Tem Troxell made a motion, seconded by Councilmember Overbeck, to adjourn to 6:00 PM on Tuesday, January 12, 2016, to consider the appeal of the Planning and Zoning Board approval of the Uncommon Project Development Plan 15-0013, and to consider such other matters as may come before the Council. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak The meeting adjourned at 6:47 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk City of Fort Collins Page 321 January 12, 2016 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Adjourned Meeting – 6:00 PM  CALL MEETING TO ORDER  ROLL CALL PRESENT: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak ABSENT: Staff present: Atteberry, Daggett, Nelson 1. Consideration of an Appeal of the Planning and Zoning Board Decision Approving the Uncommon Project Development Plan (PDP 15-0013). (Planning and Zoning Board Decision Upheld, with conditions) The purpose of this item is to consider an appeal of the Planning and Zoning Board decision of October 29, 2015, approving the Uncommon Project Development Plan at 310 South College Avenue. On November 12, 2015, Councilmember Cunniff filed a Notice of Appeal (Attachment 2) with two questions regarding the Planning and Zoning Board (P&Z Board) decision on the Uncommon Project Development Plan: 1. Is the project actually compatible with the Land Use Code (specifically, subsections 4.16(D)(4)(b), 4.16(E)(1)(c), 3.4.7(A), 3.4.7(B), and others referenced in the staff recommendation regarding this proposal)? 2. What evidence did P&Z use, and how did that factor into its decision? The focus of the P&Z Board hearing was the issue of overall mass, bulk and scale of the proposed building in relation to the adjacent context, as governed by several interrelated development standards in the Land Use Code. Mayor Troxell stated Council will first consider procedural issues, then presentations, and Council action. City Attorney Daggett provided a brief explanation of the appeals procedure and defined the term “parties-in-interest”. Mayor Troxell asked parties-in-interest to identify themselves and discussed the procedure and time allotments for the parties-in-interest to speak. Lucia Liley, representative for the opponents of the appeal, requested 30 minutes for presentation and 15 minutes for rebuttal rather than the Mayor’s suggested 20 minutes and 10 minutes. Mayor Troxell replied by adjusting the times to be 25 minutes for each presentation with 10 minute rebuttals. Tom Leeson, Community Development and Neighborhood Services Director, stated this item is an appeal of the Planning and Zoning Board’s approval of the Uncommon development project of October 29, 2015. He described the proposed project as a mixed-use building on the southeast January 12, 2016 City of Fort Collins Page 322 corner of Olive and College, and stated the appeal consists of two questions: first, is the project compatible with certain specific sections of the Land Use Code involving mass, bulk and scale, and second, what evidence did the Board use and how did that factor into its decision. Regarding compatibility, Leeson noted the Landmark Preservation Commission forwarded a recommendation to the Board to deny the project as being incompatible with nearby historic structures. Additionally, staff found the mass, bulk and scale of the proposed building was not adequately mitigated to be compatible per Code standards and recommended denial of the PDP as well. Leeson went on to detail the findings of the Board and its subsequent approval of the project. Clark Mapes, City Planner, stated there is no numerically specified ground floor setback in this particular area of the Downtown district; however, one standard does address the combination of ground floor setbacks and upper floor setbacks, or step backs. In terms of the upper floors, Mapes described the proposed step backs of the building. The transformer box at the southeast corner of the site will be replaced with a new, larger box in a 20-foot wide portion of the walkway. Mayor Troxell asked Councilmembers to explain any observations made or conversations held at the site visit, noting he and Councilmembers Cunniff, Overbeck and Stephens attended the site visit. Councilmember Cunniff stated he directed questions to staff based on his observations in walking the perimeter of the site. Councilmember Overbeck stated he directed questions to staff regarding trees and other issues. Councilmember Stephens stated she walked the perimeter of the building and made observations. Mayor Troxell stated he asked questions regarding adjacent historic buildings, trees, and the transformer box. Mayor Troxell requested parties-in-interest address procedural issues prior to the appeal presentations. City Attorney Daggett noted an email from Eric Sutherland directed toward the Planning and Zoning Board did not make it to the Board prior to its hearing due to an administrative error. She provided copies of the email to Council and stated Council should consider whether it will be considered as part of the record of the hearing. Mayor Troxell accepted the email as part of the record. Eric Sutherland objected to Lucia Liley's participation and representation of the applicant in this matter as she is legal counsel for the Downtown Development Authority. Lucia Liley, attorney for the applicant, stated the Downtown Development Authority (DDA) is not a component unit of the City of Fort Collins; it is an independent legal entity and has no land use authority or official capacity in a project matter. Additionally, she stated she has not participated in meetings when the DDA discussed and reviewed this project. January 12, 2016 City of Fort Collins Page 323 Councilmember Martinez stated he is also part of the DDA and had recused himself from meetings relating to this project. Councilmember Campana stated he is the alternate member of the DDA and had recused himself from meetings relating to this project. Councilmember Cunniff requested input from City Attorney Daggett. City Attorney Daggett replied she agrees the DDA is not involved in the decision making process regarding this project, this decision is a City process, and noted specific rules are applied by attorneys in carrying out their ethical responsibilities to their clients regarding conflicts. The issue does not have any particular relevance for the City’s decision or for the appeal before Council. Mayor Troxell ruled there is no conflict of interest regarding Ms. Liley’s participation in the hearing. APPELLANT PRESENTATION Councilmember Cunniff stated his appeal concerns were related to the conflicting opinions regarding this project and the Land Use Code regarding the historic compatibility as well as the size and mass of the building. Mayor Troxell requested a presentation by parties-in-interest in support of the appeal. Les Kaplan cautioned Council against accepting representations made by applicants regarding the public impact of the project with no way to enforce that later. He cited parking issues with the Capstone project on College as an example and stated this project was initially proposed as a student housing project, which would have an increased parking requirement. The support for this project would not exist if it were a student housing project and the City has no way of enforcing whether or not the project is leased by the bedroom once it is approved, as is common with many student housing projects. He requested the City require this project not be leased or sub-leased by the bedroom. Regarding the mass and scale of the project, Kaplan stated judging the compatibility of this project based on development which has yet to occur is a large leap and encouraged adoption of larger projects on a graduated basis. Myrne Watrous spoke in support of the Landmark Preservation Commission’s decision to oppose this project, stating it is not compatible with the surrounding historic district. She agreed with Mr. Kaplan’s comments regarding parking and with comments regarding excessive bulk, mass and scale. Mayor Troxell requested a presentation by parties-in-interest opposed to the appeal. APPLICANT PRESENTATION Ms. Liley stated this is a catalyst project providing needed retail and housing. She noted the project is under its permitted height and building coverage and provides more mitigation than is illustrated in the Land Use Code. Ms. Liley detailed the provisions of the Downtown Plan and Land Use Code which support this project as proposed, noting compatibility is not defined as January 12, 2016 City of Fort Collins Page 324 being “the same as”. Ms. Liley discussed the historic preservation code requirements, stating this project meets each of the specific criteria of Code section 3.4.7. Eduardo Illanes, project architect, discussed the project setbacks and step backs and the interaction of the building with sidewalks. He noted a main goal of the building is to hide vehicular traffic and discussed the paseo aspect of the project. He discussed the proposed layout of the building and its breakdown into three areas. Bevin Parker, Downtown Development Authority Chair, discussed the DDA’s support of the project, stating it is an example of density for the downtown area and is an example of infill development represented in the Downtown Plan and City Plan. Mayor Troxell requested rebuttal from the individuals in support of the appeal and received no input. He then requested rebuttal from the individuals opposed to the appeal. Justin Larson stated this project excels at scale and massing and is a good example of what to do for future projects. Steve Levinger, Armstrong Hotel owner and operator, expressed support for the project stating it will compliment his property as well as Downtown as a whole. He stated denial of this project would send a message to the development community that the rules and standards for development in Downtown Fort Collins are meaningless. Sandy Lemburg supported the project and expressed concern regarding the City's procedures; however, he opposed the use of tax increment financing and agreed with Mr. Kaplan's suggestion requiring the project to not be leased by the bedroom. Joe Rowan stated the standards for this project are not only subjective but spurious. Ms. Liley read parts of letters from Carey Hewitt, Stu MacMillan, and the pastor of the Mountain View Community Church in support of the project. Eric Nichols supported the project stating it is compatible with City standards. Mayor Troxell requested Council discussion of the issue. Councilmember Cunniff asked how 'public street frontage' is defined in the Land Use Code. Mapes replied that term would reference Olive and College in this case and noted standards relating to street frontage are not written with alleys in mind. Councilmember Cunniff asked about staff'’s opinion regarding the building not providing a plaza, or public open space. Mapes replied the Code requires taller buildings to have ground floor open space, or plazas, in order to mitigate mass. He noted the proposed plaza space is underneath the second floor and next to the building's paseo. He stated the applicant emphasized both spaces as working to meet the requirement, whereas staff's initial finding did not consider the paseo as a plaza. At the Board hearing, both spaces were considered as working to meet the public space requirement and the Board found that to be adequate in meeting the standard. Councilmember Cunniff asked how the applicant's verbal commitment that the paseo not be fenced off is enforceable. Mapes replied the final site plans will show that aspect; however, he January 12, 2016 City of Fort Collins Page 325 noted the applicant team would like to allow a small portion to possibly be fenced for a cafe which may serve alcohol. Councilmember Cunniff discussed the east elevation and asked about the materials to be used. Mapes replied the gray material is cement board with some brick projecting elements. He stated the Board discussed the east elevation and the lack of step back requirements along alleys, which was likely the primary reason for the Board's split vote. Councilmember Cunniff asked what legal standing the Downtown Plan and other plans have in land use decisions versus the language of the Land Use Code. Brad Yatabe, Assistant City Attorney, replied the Land Use Code sets out standards to be met whereas plans such as the Downtown Plan are more aspirational; however, he noted Council has room to interpret the Land Use Code in order to fit some of the aspirational aspect of those plans into some of its consideration. Councilmember Cunniff asked what part of the City permitting process addresses the rental of the building by the unit versus by the bedroom. Mapes replied the approved plans would not allow leasing by the bedroom. He stated a note on the final site plan could address the issue specifically for an additional measure of assurance. Councilmember Martinez asked if there is a constitutional issue regarding such a requirement. City Attorney Daggett replied she is concerned regarding how the City would stipulate against sub-leasing by the bedroom. Councilmember Campana stated he cannot recall that type of stipulation being placed on final site plans but noted the City does have different parking requirements for by-the-bedroom leased projects. Councilmember Campana commended the west, north and south elevations but expressed concern regarding the east elevation. Mapes stated the wall is about 230 feet long total. Councilmember Campana expressed concern regarding the prominence of the east elevation in the view corridors of neighboring properties, stating there is room for improvement on that elevation. Councilmember Cunniff agreed with Councilmember Campana's concerns regarding the east elevation. Councilmember Martinez asked if it would be possible to break up the face of the east wall from a design perspective. Mr. Illanes replied the east facade is not completely flat and noted the brick does continue on the east elevation. Additionally, he stated the height of the building also varies on the east side, though not to the same extent as the other elevations. He went on to detail the materials to be used and noted shadow lines will be created by the variation in depth. Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to uphold the decision of the Planning and Zoning Board to approve the project because the Board properly January 12, 2016 City of Fort Collins Page 326 Councilmember Cunniff expressed interest in the modification of the fencing in the plaza area as well as the modification on the project's use. Mayor Troxell suggested that information could be considered advisement rather than a formal amendment. Mayor Pro Tem Horak stated he is unsure that the modifications would change the legality of the issues. Councilmember Cunniff stated he would like to ensure a system is in place to enforce these types of issues. Ms. Liley stated the applicant is not opposed to the inclusion of the stipulation regarding no leasing per bedroom in the development agreement, stating that might be a better approach than the inclusion of the language on the site plan. Councilmember Campana disagreed stating the information should be listed on the site plan or on both documents. City Attorney Daggett suggested Council amend the motion and suggested two draft conditions relating to the Land Use Code provision regarding ground floor open space, stating the project plans must include enforceable requirements that the plaza area at the southwest corner of the building and the walkway along the south end of the building, or paseo, be maintained as open to the public, except to the extent fencing is required to bound an outdoor cafe approved by the City. Councilmember Cunniff asked how large the fenced area would need to be. Christopher Johnson, part of the applicant team, stated ten feet off of the building is adequate, which would result in 300 square feet. Leeson expressed concern regarding the ambiguity of the 300 square feet, suggesting instead a distance from the building be listed. Mayor Pro Tem Horak and Councilmember Campana accepted the amended language. Councilmember Campana thanked the parties who worked on this item and commended the efforts in preserving the Downtown area. Councilmember Cunniff stated he would support the motion; however, he expressed concern regarding the east facade and its possible precedent-setting aspect. City Attorney Daggett noted there is a second condition in her suggested language which was accepted by Mayor Pro Tem Horak and Councilmember Campana. Mayor Pro Tem Horak stated the Planning and Zoning Board did its job in evaluating the project. Councilmember Stephens agreed with Mayor Pro Tem Horak and commended the design of the building stating it will increase the vibrancy of this part of the Downtown area. Councilmember Martinez stated he would support the motion; however, he opposed the condition regarding how the building will need to be rented. January 12, 2016 City of Fort Collins Page 327 Mayor Troxell expressed support for the project and the decision of the Planning and Zoning Board. He stated the Landmark Preservation Commission was out of bounds in its role in terms of this project. Councilmember Cunniff stated appropriately clear guidelines for the Landmark Preservation Commission need to exist. Mayor Troxell stated the recommended denial of this project by the Landmark Preservation Commission was out of bounds and encouraged more constructive involvement from the Commission. Councilmember Campana stated the Land Use Code is prescriptive in all areas with the exception of compatibility. RESULT: PLANNING AND ZONING BOARD DECISION WAS UPHELD, WITH CONDITIONS MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 2. Resolution 2016-003 Making Appointments to Various Boards and Commissions of the City of Fort Collins. (Adopted as Amended) The purpose of this item is to appoint individuals to fill vacancies that currently exist on various boards and commissions due to resignations of board members and vacancies to be created upon the expiration of terms of current members. Applications were solicited through November. Council teams interviewed applicants in December and January. This Resolution appoints individuals to fill current vacancies and expiring terms. This Resolution does not fill all vacancies. Interviews are continuing, and any remaining vacancies will be advertised as needed. Mayor Pro Tem Troxell made a motion, seconded by Councilmember Cunniff, to adopt Resolution 2016-003, with Renee Sherman and Miram Chase being appointed to the Art in Public Places Board, Kristin Kirkpatrick to the Planning and Zoning Board, John Lindsay and Del Bernhardt to the Retirement Committee. Councilmember Cunniff made a friendly amendment, accepted by Mayor Pro Tem Troxell, to add Eric Shenk to the Transportation Board. Mayor Pro Tem Horak thanked the applicants and commended the work of the City Clerk’s Office in recruitment. RESULT: RESOLUTION 2016-003 ADOPTED AS AMENDED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Ross Cunniff, District 5 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak January 12, 2016 City of Fort Collins Page 328  OTHER BUSINESS Councilmember Cunniff stated the Housing Authority Board responded to the RFP on the Horsetooth Land Bank property and discussed the requirement for the Housing Authority to maintain control of the property. He requested and received Council support to ensure any necessary measures are taken. Mayor Pro Tem Horak requested and received support for looking into the possibility of Boardmembers abstaining on votes. Additionally, he requested additional information regarding historical review and possible changes in guidelines. Councilmember Cunniff discussed the importance of historic preservation and defensible, consistent processes. City Manager Atteberry stated he will return in March or April with additional information regarding inconsistencies in historic preservation. Councilmember Campana noted some Landmark Preservation decisions cannot be appealed to Council and requested that aspect also be considered.  ADJOURNMENT The meeting adjourned at 8:25 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk