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AGENDA ITEM SUMMARY March 6, 2018
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the February 6, 2018 Regular Council Meeting and the February
13, 2018 Adjourned Council Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the February 6, 2018, Regular Council Meeting and
the February 13, 2018, Adjourned Council Meeting.
ATTACHMENTS
1. February 6, 2018 (PDF)
2. February 13, 2018 (PDF)
City of Fort Collins Page 148
February 6, 2018
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, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry recommended Item No. 2, Second Reading of Ordinance No. 005, 2018,
Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public
Improvements in Connection with the Suniga Road Improvements Project, be postponed to
February 20 and stated Item No. 20, Resolution 2018-013 Approving an Intergovernmental
Agreement with the Fort Collins Urban Renewal Authority for the Authority's Contribution of
Funds to the City's Whitewater Park Project for Public Improvements, has been withdrawn to the
February 27 work session to allow for further conversation around additional funding
opportunities. He noted the withdrawal of Item No. 20 affects the planned Urban Renewal
Authority meeting which will therefore not be held this evening.
• CITIZEN PARTICIPATION
Adam Eggleston thanked Councilmembers for attending a meeting at Coldwell Banker and for
dedicating their time and efforts to making Fort Collins great.
Stacy Lynne stated the City’s Sign Code is in violation of a United States Supreme Court ruling
which precludes the use of sign code rules to discriminate against people based on religious,
political, or commercial grounds. She stated the City is updating its Sign Code to comply with
this ruling and to ensure downtown businesses comply with the City’s aesthetic values. She
discussed the City violating its own aesthetic values with the placement of smoking ban signs in
the downtown area.
Thomas Edwards, Fort Collins Bicycle Coalition, thanked Mayor Pro Tem Horak, City Manager
Atteberry, and staff for granting parking waivers to allow for bicycle surveys on Springfield. He
stated more bicyclists are breaking traffic laws and there is no enforcement.
Adam Lovall discussed repealing the U+2 Ordinance and cited the importance of co-housing and
affordable housing.
• CITIZEN PARTICIPATION FOLLOW-UP
Mayor Troxell summarized the citizen comments and noted a study regarding U+2 is in process
and will be on the Council agenda in the coming months.
Councilmember Martinez requested information regarding Ms. Lynne’s comments. City Attorney
Daggett replied the Reed versus Gilbert case mentioned by Ms. Lynne was specifically related to
temporary sign regulations; however, the impact of the case is quite far reaching. Temporary
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modification to the City’s Sign Code have already been made in order to address the concerns
raised in the case and additional review will likely lead to some additional changes.
• CONSENT CALENDAR
Mayor Troxell opened the public hearings for Item Nos. 12-19, Items Relating to the Water
Treatment Facility Annexations No. 1, No. 2, No. 3 and No. 4 and Zoning the Water Treatment
Facility Annexations No. 1, No. 2, No. 3, and No. 4.
Mayor Pro Tem Horak withdrew Item No. 2, Second Reading of Ordinance No. 005, 2018,
Authorizing the Acquisition by Eminent Domain of Certain Lands Necessary to Construct Public
Improvements in Connection with the Suniga Road Improvements Project, from the Consent
Agenda.
Mayor Troxell closed the public hearings for Item Nos. 12-19.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt and approve
all items not withdrawn from the Consent Agenda.
RESULT: CONSENT AGENDA ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
1. Consideration and Approval of the Minutes of the December 19, 2017, January 2 and January
16, 2018 City Council Regular Meetings and the December 27, 2017 Council Special Meeting.
(Adopted)
The purpose of this item is to approve the minutes from the December 17, 2017, January 2 and
January 16, 2018 Council Regular Meetings and the December 27, 2017 Special Meeting.
2. Second Reading of Ordinance No. 012, 2018, Appropriating Unanticipated Revenue in the
Transit Services Fund for Contractual Paratransit Services for the City of Loveland Transit
(COLT) and Transit Manager Services Pursuant to Two Intergovernmental Agreements with
Loveland. (Adopted)
This Ordinance, unanimously adopted on First Reading on January 16, 2018, appropriates funds to
cover the costs of entering into two intergovernmental agreements (IGA) with Loveland, which costs
will be reimbursed by Loveland. The first IGA provides paratransit service for COLT under the current
Dial-A-Ride contract (the Paratransit IGA), the costs of which will be reimbursed monthly to the City of
Fort Collins by the City of Loveland, COLT. The second IGA supplies a contractual employee to
COLT to act as the COLT Transit Operations Manager under the supervision of the City of Fort Collins,
Transfort (the Transit Management IGA). The costs will be reimbursed to the City of Fort Collins by
the City of Loveland monthly.
3. Second Reading of Ordinance No. 013, 2018, Appropriating Unanticipated Grant Revenue in
the General Fund for the Environmental Services Radon Program and Authorizing the Transfer
of Matching Funds Previously Appropriated in the Environmental Services Department
Operating Budget. (Adopted)
This Ordinance, unanimously adopted on First Reading on January 16, 2018, appropriates
unanticipated grant revenue in the General Fund for the Environmental Services Radon Program. This
appropriation includes $7,961 of grant revenues provided by the Colorado Department of Public Health
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and Environment (CDPHE) to support radon testing and mitigation programs. The grant directly
supports radon activities identified in the Environmental Services Department’s core budget offer, and
requires a local match of $5,307. Matching funds are appropriated and unexpended in the 2018
Environmental Services operating budget, and will be transferred to the Environmental Services radon
program.
4. Second Reading of Ordinance No. 014, 2018, Appropriating Prior Year Reserves in the Data
and Communications Fund for the Enterprise Document Management System and Electronic
Record Search Project. (Adopted)
This Ordinance, unanimously adopted on First Reading on January 16, 2018, appropriates $833,840
from the Data and Communications reserve to fund the Enterprise Document Management System
and Electronic Record Search (EDMS) project. The funds will be used to replace the current enterprise
document management system known as SIRE that currently manages the City’s documents and
images. This project was approved through the Budgeting for Outcomes (BFO) process for use in
2017. However, the procurement process will not be completed until early February 2018, requiring
the IT Department to submit this request ahead of the reappropriation process in order to enter into a
contract with a vendor to avoid additional costs and delays.
5. Second Reading of Ordinance No. 016, 2018 Amending Article 5, Section 23-140 of the Code of
the City of Fort Collins to Add a Definition of "Facilities". (Adopted)
This Ordinance, unanimously adopted on First Reading on January 16, 2018, amend Sections 23-140
of the City Code to add a definition of "Facilities" which includes buildings, structures, vehicles, buses,
and public parking areas. This amendment will grant express authority to the City Manager to set
administrative policy related to conduct on Transfort buses and other transit facilities.
6. Second Reading of Ordinance No. 017, 2018, Amending the City of Fort Collins District-Precinct
Map to Reflect Changes in County Precinct Boundaries and Waiving the Redistricting
Requirement of Section 7-87(d) of the City Code. (Adopted)
This Ordinance, unanimously adopted on First Reading on January 16, 2018, aligns City precinct
boundaries with County precinct boundaries as required by Section 7-66 of the City Code. None of
the divided precincts affect Council district boundaries.
7. First Reading of Ordinance No. 019, 2018, Appropriating Prior Year Reserves in the Natural
Areas Fund for a 2017 Unanticipated Donation for Fish Ladder Design. (Adopted)
The purpose of this item is to appropriate a $50,000 donation from Noosa Yoghurt, LLC. into the
Natural Areas Department’s 2018 budget to fund a river health related project. In October 2017,
Noosa Yoghurt, LLC. donated $50,000 to the Natural Areas department with a specific request that it
be applied toward development of fish passage on the Watson Lake diversion structure. This structure
is owned by Colorado Parks and Wildlife (CPW) and located on the Cache la Poudre River at the
Watson Lake Fish Hatchery in Bellvue. Natural Areas staff is familiar with the design process, has
managed the design process for two similar projects and has agreed to manage this design process
and collaborate with CPW to facilitate this project.
8. First Reading of Ordinance No. 020, 2018, Appropriating Prior Year Reserves in the General
Fund for Security Screening for Fort Collins Municipal Court. (Adopted)
The purpose of this item is to appropriate $201,578 of prior year reserves in the General Fund for the
cost of adding security screening for those attending hearings in Fort Collins Municipal Court. The
Court is located on the first floor of the City’s Administrative Building at 215 North Mason Street. Access
for those hearings would be limited to the north door of the building, the access point currently used
for the Community Room. Those proceeding past the Community Room and entering the Court’s
space would go through a magnetometer (metal detector) and have their belongings checked by
contract security personnel prior to gaining access to the Court’s space. City employees working in
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the building and the public accessing other offices in the building, including the Court Clerks’ Office for
non-hearing related business, would still have unscreened access through the east and west
entrances. Employees would also continue to have fob access to the building through the southwest
entrance. The changes included in this request are necessary due to increasing safety and security
concerns for employees working in and citizens utilizing City services in that building.
9. First Reading of Ordinance No. 021, 2018, Adopting the 2018 Classified Employees Pay Plan.
(Adopted)
The purpose of this item is to recommend the 2018 City Classified Employee Pay Plan. The Pay Plan
has been redesigned to align with the City’s new job architecture system. The seven occupational
groups have been replaced by job functions. Classified jobs are grouped according to job functions, a
business practice commonly used by both the public and private sectors. Pay ranges are developed
by career group (management, professional, administrative, operations and trades) and level for each
job function. The result of this work is a City Classified Employee Pay Plan which sets the minimum,
midpoint and maximum of pay ranges for the levels, within each career group and function. The 2018
City Classified Employee Pay Plan also includes the results of the market analysis conducted as
defined in the Collective Bargaining Agreement between the City of Fort Collins and the Northern
Colorado Lodge #3 of the Fraternal Order of Police (FOP). Actual employee pay increases are
awarded through a separate administrative process in accordance with the budgeted amount approved
by Council.
10. First Reading of Ordinance No. 022, 2018, Amending Article V, Division 3 of Chapter 2 of the
Code of the City of Fort Collins to Clarify the City Manager's Authority Concerning the
Administrative Branch of the City. (Adopted)
The purpose of this item is to amend various sections in Article V, Division 3 of Chapter 2 of the City
Code to clarify and eliminate confusion regarding the City Manager’s authority to assign supervisory
authority as well as duties and functions to the services of the City administrative organization.
11. Items Relating to the Water Treatment Facility Annexation No. 1. (Adopted)
A. Resolution 2018-009 Setting Forth Findings of Fact and Determinations Regarding the Water
Treatment Facility Annexation. No. 1.
B. Public Hearing and First Reading of Ordinance No. 023, 2018, Annexing the Property Known as
the Water Treatment Facility Annexation No. 1 to the City of Fort Collins, Colorado.
The purpose of this item is to annex the first of four sequential tracts of land known collectively as the
Water Treatment Facility Annexations. Water Treatment Facility Annexation No. 1 consists of 0.101-
acres of Laporte Avenue right-of-way and establishes the required 1/6 contiguity with existing City
limits. Water Treatment Facility Annexation No. 1 is located approximately 800 feet west of Poudre
High School on Laporte Avenue. A related item to zone the annexed property is presented as the next
item on this Agenda.
12. Public Hearing and First Reading of Ordinance No. 024, 2018, Amending the Zoning Map of the
City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Water
Treatment Facility Annexation No. 1 to the City of Fort Collins, Colorado, and Approving
Corresponding Changes to the Residential Neighborhood Sign District Map. (Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered
in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting
Procedures adopted in Resolution 2017-017.
The purpose of this item is to zone the property included in the first of four sequential annexations,
known as the Water Treatment Facility Annexation No.1. Water Treatment Facility Annexation No. 1
is located at the intersection of Sunset Street and Laporte Avenue. The proposed zoning for this
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annexation is Urban Estate (U-E). The surrounding properties are existing residential land uses
currently zoned FA-Farming Zoning District in Larimer County to the north, south and west. The
abutting City limits to the east is zoned Low Density Mixed Use Neighborhood (L-M-N) and consists of
Laporte Avenue right-of-way. Staff also recommends placement into the Residential Neighborhood
Sign District.
13. Items Relating to the Water Treatment Facility Annexation No. 2. (Adopted)
A. Resolution 2018-010 Setting Forth Findings of Fact and Determinations Regarding the Water
Treatment Facility Annexation. No. 2.
B. Public Hearing and First Reading of Ordinance No. 025, 2018, Annexing the Property Known as
the Water Treatment Facility Annexation No. 2 to the City of Fort Collins, Colorado.
The purpose of this item is to annex the second of four sequential tracts of land known collectively as
the Water Treatment Facility Annexations. Water Treatment Facility Annexation No. 2 consists of
0.380-acres of Laporte Avenue right-of-way and establishes the required 1/6 contiguity with existing
Water Treatment Facility Annexation No. 1. Water Treatment Facility Annexation No. 2 is located at
the intersection of Sunset Street and Laporte Avenue. A related item to zone the annexed property is
presented as the next item on this Agenda.
14. Public Hearing and First Reading of Ordinance No. 026, 2018, Amending the Zoning Map of the
City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Water
Treatment Facility Annexation No. 2 to the City of Fort Collins, Colorado, and Approving
Corresponding Changes to the Residential Neighborhood Sign District Map. (Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered
in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting
Procedures adopted in Resolution 2017-017.
The purpose of this item is to zone the property included in the second of four sequential annexations,
known as the Water Treatment Facility Annexation No.2. Water Treatment Facility Annexation No. 2
is located at the intersection of Sunset Street and Laporte Avenue. The proposed zoning for this
annexation is Urban Estate (U-E). The surrounding properties are existing residential land uses
currently zoned FA-Farming Zoning District in Larimer County to the north, south and west. The
abutting Water Treatment Facility Annexation No. 1 to the east is zoned Urban Estate (U-E) and
consists of Laporte Avenue right-of-way. Staff also recommends placement into the Residential
Neighborhood Sign District.
15. Items Relating to the Water Treatment Facility Annexation No. 3. (Adopted)
A. Resolution 2018-011 Setting Forth Findings of Fact and Determinations Regarding the Water
Treatment Facility Annexation. No. 3.
B. Public Hearing and First Reading of Ordinance No. 027, 2018, Annexing the Property Known as
the Water Treatment Facility Annexation No. 3 to the City of Fort Collins, Colorado.
The purpose of this item is to annex the third of four sequential tracts of land known collectively as the
Water Treatment Facility Annexations. Water Treatment Facility Annexation No. 3 consists of 1.182-
acres of Laporte Avenue right-of-way and establishes the required 1/6 contiguity with Water Treatment
Facility Annexation No. 2. Water Treatment Facility Annexation No. 3 is located between Sunset Street
and North Overland Trail. A related item to zone the annexed property is presented as the next item
on this Agenda.
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16. Public Hearing and First Reading of Ordinance No. 028, 2018, Amending the Zoning Map of the
City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Water
Treatment Facility Annexation No. 3 to the City of Fort Collins, Colorado, and Approving
Corresponding Changes to the Residential Neighborhood Sign District Map. (Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered
in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting
Procedures adopted in Resolution 2017-017.
The purpose of this item is to zone the property included in the third of four sequential annexations,
known as the Water Treatment Facility Annexation No. 3. Water Treatment Facility Annexation No. 3
is located between Sunset Street and North Overland Trail. The proposed zoning for this annexation
is Urban Estate (U-E). The surrounding properties are existing residential land uses currently zoned
FA-Farming Zoning District in Larimer County to the north, south and west. The abutting Water
Treatment Facility Annexation No. 2 to the east is zoned Urban Estate (U-E) and consists of Laporte
Avenue right-of-way. Staff also recommends placement into the Residential Neighborhood Sign
District.
17. Items Relating to the Water Treatment Facility Annexation No. 4. (Adopted)
A. Resolution 2018-012 Setting Forth Findings of Fact and Determinations Regarding the Water
Treatment Facility Annexation. No. 4.
B. Public Hearing and First Reading of Ordinance No. 029, 2018, Annexing the Property Known as
the Water Treatment Facility Annexation No. 4 to the City of Fort Collins, Colorado.
The purpose of this item is to annex the fourth and final tract of land known collectively as the Water
Treatment Facility Annexations. Water Treatment Facility Annexation No. 4 consists of 102.825-acres
of Laporte Avenue right-of-way and parcel numbers 970700913, 9707000904 and 9707000908 which
wholly contain the Fort Collins Water Treatment Facility. Furthermore, the annexation establishes the
required 1/6 contiguity with Water Treatment Facility Annexation No. 3. Unlike Water Treatment Facility
Annexations No. 1, 2 and 3, the No.4 annexation lies in large part outside the Growth Management
Area (GMA) boundary. Water Treatment Facility Annexation No. 4 is located west of North Overland
Trail and continues approximately to the Horsetooth Reservoir. A related item to zone the annexed
property is presented as the next item on this Agenda.
18. Public Hearing and First Reading of Ordinance No. 030, 2018, Amending the Zoning Map of the
City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Water
Treatment Facility Annexation No. 4 to the City of Fort Collins, Colorado, and Approving
Corresponding Changes to the Residential Neighborhood Sign District Map. (Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered
in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting
Procedures adopted in Resolution 2017-017.
The purpose of this item is to zone the property included in the fourth of four sequential annexations,
known as the Water Treatment Facility Annexation No. 4. Water Treatment Facility Annexation No. 4
is located between Hollywood Street and the Horsetooth Reservoir. The proposed zoning for this
annexation is Urban Estate (U-E) and Residential Foothills (R-F). The surrounding properties are
existing residential, municipal facilities, state college facilities, and federal facilities currently zoned FA-
Farming and O-Open Zone Districts in Larimer County to the north, south and west. The abutting
Water Treatment Facility Annexation No. 3 to the east is zoned Urban Estate (U-E) and consists of
Laporte Avenue right-of-way. Staff also recommends placement into the Residential Neighborhood
Sign District.
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19. Resolution 2018-013 Approving an Intergovernmental Agreement with the Fort Collins Urban
Renewal Authority for the Authority's Contribution of Funds to the City's Whitewater Park
Project for Public Improvements. (Withdrawn)
20. Resolution 2018-014 Appointing Mayor Pro Tem Gerry Horak to the Policy Advisory Committee
of the Regional Transportation Coordination Task Force. (Adopted)
The purpose of this item is to appoint Mayor Pro Tem Gerry Horak as the City of Fort Collins’
representative on the newly formed Regional Transportation Coordination Task Force Policy
Committee.
21. Resolution 2018-015 Making Appointments to the Building Review Board and the Senior
Advisory Board of the City of Fort Collins, and to the Board of Housing Catalyst. (Adopted)
The purpose of this item is to appoint individuals to fill vacancies that currently exist on the Building
Review Board, the Senior Advisory Board, and the Board of Housing Catalyst due to expiration of
terms on December 31, 2017. Applications were solicited beginning in September 2017 to January
2018. Council teams interviewed applicants during December and January.
• STAFF REPORTS
Annie Bierbower, Civic Engagement Liaison, discussed the history of the Alta Vista sidewalk
project. Expanded neighborhood outreach occurred in spring 2017 and updates to the plan were
implemented in fall 2017. Bierbower detailed the neighborhood outreach process which included
neighborhood visits and a questionnaire. The results of the outreach showed residents desired
sidewalks, but not actually within the neighborhood given concerns related to street width, parking,
traffic flow, and connectivity to other areas.
Chad Crager, Director of Infrastructure Services, stated the final project design includes traffic
calming islands and sidewalks connecting the neighborhood to Vine and Lemay and the upcoming
park facility. He stated the ultimate project increases pedestrian safety, addresses neighborhood
concerns, and provides neighborhood identity.
Councilmember Overbeck noted there was Council engagement in the project as well.
Councilmember Stephens commended staff work and the proactive engagement process. She
encouraged the use of this type of outreach in other areas.
Councilmember Martinez complimented staff in working with the neighborhood.
• COUNCILMEMBER REPORTS
Councilmember Stephens reported on attending the Colorado Communities Symposium which
was put on by the Compact of Colorado Communities. The Compact is made up of dozens of
communities committed to lowering greenhouse gases. Fort Collins Utilities won an award at the
Symposium recognizing innovative programs demonstrating bold vision for a clean, resilient, and
prosperous Colorado.
Councilmember Martinez reported on attending the listening session for business at Austin’s and
the awards ceremony at Poudre Fire Authority.
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Councilmember Overbeck reported on the Human Relations Commission’s program on racial
inequity.
Mayor Pro Tem Horak reported on meeting with Senator Gardner’s primary staff person for
transportation and infrastructure and a meeting with two leaders of the Fraternal Order of Police.
Mayor Troxell thanked Councilmembers for being active throughout the community and reported
on the State of the City address.
• CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
22. Second Reading of Ordinance No. 005, 2018, Authorizing the Acquisition by Eminent Domain
of Certain Lands Necessary to Construct Public Improvements in Connection with the Suniga
Road Improvements Project. (Postponed to February 20, 2018)
This Ordinance, unanimously adopted on First Reading on January 2, 2018, authorizes the use of
eminent domain, if deemed necessary, to acquire property interests needed to construct improvements
to Suniga Road Improvements Project. The project will construct a new arterial roadway between
College Avenue and Blondel Street. Improvements include construction of a complete arterial street
which includes four travel lanes, protected bike lanes, landscaped parkways, medians, sidewalks and
utility improvements.
In order for the City to construct these improvements, the City will need to acquire certain property
interests adjacent to the project area. The project will affect seven properties. Acquisitions will include
fee purchase right-of-way, permanent utility and drainage easements and temporary construction
easements. Staff has had contact with all affected 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.
Jessica Skibo stated this Ordinance would affect North College Avenue property owners in terms
of access to North College Avenue. She stated the proposed solution works but needs to be
permanent.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to postpone
consideration of Second Reading of Ordinance No. 005, 2018, to February 20, 2018.
RESULT: POSTPONED TO FEBRUARY 20, 2018 [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Bob Overbeck, District 1
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
• DISCUSSION ITEMS
23. Resolution 2018-016 Approving the Grant of Funds for a Locker Program at Fort Collins
Mennonite Fellowship. (Defeated)
The purpose of this item is to provide City Council with details of the proposal for the City to fund
lockers at the Fort Collins Mennonite Fellowship, additional information about locker programs in other
communities, as well as possible options for consideration.
Jeff Mihelich, Deputy City Manager, stated the Fort Collins Homeless Coalition requested an
enhancement of the provision of lockers in the community in 2017. Staff was directed by Council
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to look at options. During the outreach process, staff found no service provider who was interested
in providing lockers that are available 24/7; however, the Mennonite Church put forth a proposal
for a one-year pilot for 20 outdoor lockers that would be available 24/7, monitored by security
cameras, and managed by Mennonite staff. Funding in the amount of $10,500 is being requested
to purchase the lockers and provide an operational subsidy for the Church.
Mihelich summarized the input received from community members during the extensive outreach
process. He noted there are 200 community lockers at the Murphy Center, some of which were
funded by the City, and there is rarely a waitlist for those lockers. Other storage space
opportunities exist at Catholic Charities, the Fort Collins Rescue Mission, and Faith Family
Hospitality. The point in time count places the homeless population at 300 and there are currently
276 lockers or storage opportunities available, which puts Fort Collins in the lead for providing
lockers based on point in time count numbers.
In examining best practices, it was found that municipalities do not operate the lockers and
providers that have stopped offering the service have done so because of security reasons related
to abandoned property, the storage of food in the lockers, the use of lockers for drug trading, and
fights resulting from sharing issues. Every community stressed the importance of having 24/7
supervision of the lockers.
Staff does not recommend providing City funds to this program at this time given safety concerns
which will not be mitigated with the current supervision proposal. Indoor lockers are a much better
solution and that program could be expanded. Additionally, the funding has not competed through
the budget process or another competitive process. Other service providers have suggested the
funds would be better used for pathways out of homelessness, housing retention, and preventative
flex spending for one-time assistance.
Staff is recommending other options be discussed with service providers for a competitive process
if it is determined additional lockers are a priority.
Sarah King supported funding the locker proposal and questioned why homeless residents need
more supervision than anyone else.
Dan Johnston supported funding the locker proposal.
Sidna Rachid supported funding the locker proposal.
Lynette McGowan stated there is still a gap in services in this area and the Church is a willing
community partner. She supported funding the locker proposal.
Lynn Thompson supported funding the locker proposal.
Katherine Acott stated she lives in the area and expressed concern with the locker proposal,
particularly the unsupervised aspect.
Kevin Cross stated he lives in the area and commented on the desire for inclusion in the city. He
supported funding the locker proposal.
Larson Ross supported funding the locker proposal.
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Macey Delphs supported funding the locker proposal and stated people thrive when given
responsibility.
Laura Petrik stated she lives in the area and opposed the locker proposal citing safety concerns.
She stated her children have been harassed and have witnessed a stabbing among homeless
individuals.
Zach Heath supported funding the locker proposal.
Jennifer Petrik stated she lives in the area and has had first-hand experience with illegal activity
due to the increased transient population. She opposed the locker proposal.
Stephen (no last name given) stated he lives in the area and supported funding the locker proposal.
Mary Ray stated she lives on the same block as the Church and needs to be able to assure her
tenants they are safe. She opposed the locker proposal and requested Council consider the
residents in the area, not just the homeless population.
Nevin Mandel stated he lives in the area and supported funding the locker proposal.
Walter Hickman stated he owns a business in the area and opposed the locker proposal.
Dwight Hall stated this program, as described, falls firmly in the failed category in other
communities. He suggested Council support a mental health and substance abuse center.
Debra James supported funding the locker proposal.
Brenton Dahl stated the existing services are not provided by competent individuals.
Barb Wilkins opposed the locker proposal.
Annie Scott stated there is a core group of people within the Church with experience in working
in communities of need. She supported funding the locker proposal.
Richard McNally supported funding the locker proposal.
Rosemary VanGorder supported funding the locker proposal but stated she does understand the
concerns of neighbors. She stated a more ideal location could potentially be found.
Gregor Schuurman stated he lives in the area and opposed the locker proposal.
Nancy York stated there is a demonstrated need for lockers and supported funding the proposal.
Steve Raimer, Fort Collins Mennonite Fellowship Pastor, discussed the need for the lockers and
supported funding the proposal. He stated this type of project has not been tried anywhere and
therefore has yet to fail.
Jeff Kearns supported funding the locker proposal.
Mary Janser stated she was previously homeless and, though she understands the concerns, these
lockers will be for working individuals. She supported funding the proposal.
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Cheryl Distaso, Fort Collins Homeless Coalition, stated Council directed staff to find a partner for
the locker proposal; therefore, it is not anecessary for this to go through a competitive process.
She discussed the importance of partnerships and noted the Church was the only partner that came
forward.
Dan Baker stated he lives in the area and stated this is not a solution to a much larger issue.
Michael Raineri, proposed locker manager, stated the locker users will be screened, video
surveillance will occur, and lockers will only be rented for 3 months at a time. He showed a video
citing the need for the lockers.
Councilmember Stephens made a motion, seconded by Councilmember Cunniff, to adopt
Resolution 2018-016.
Councilmember Stephens stated this may not be the perfect solution; however, it does provide an
answer to Council’s request. She stated she would like to fund an acceptable solution.
Councilmember Cunniff stated Council asked for this research and noted there are difficulties with
the existing storage options. He asked if it would be possible to limit the access to supervised
access only, particularly in the middle of the night. Pastor Raimer replied the cost of the program
will certainly increase with staffing. He stated he does not foresee many people needing access
between maybe midnight and 4:00 AM. Drugs, alcohol, weapons, and food will not be allowed to
be stored and individuals breaking rules will lose their lockers.
Councilmember Martinez asked how it will be ensured there are no prohibited items stored. Pastor
Raimer replied the manager will interview each individual and lockers can be opened if prohibited
items are suspected.
Councilmember Summers asked how the City is involved in the Murphy Center lockers. Mihelich
replied the City has invested some funds in expanding the lockers at the Murphy Center.
Councilmember Summers asked if the City funds the Murphy Center on an annual basis. Mihelich
replied in the affirmative.
Councilmember Summers suggested examining options at the Murphy Center to make the lockers
more available there. Mihelich stated staff has had recent conversations with the Murphy Center
about increasing access to the existing lockers and there is some receptivity to that solution.
Councilmember Summers suggested the individuals who are willing to manage the lockers at the
Church may be willing to do so at the Murphy Center in order to expand access hours.
Councilmember Stephens requested a more in-depth explanation of the proposed screening
process. Pastor Raimer replied an interview will occur and noted homeless residents are often
served and known by the Church and its employees; however, there will be no background checks
as homeless residents should not be expected to be treated differently.
Councilmember Stephens stated she is attempting to address neighborhood concerns.
Councilmember Overbeck asked if additional storage options are being investigated for individuals
attending Municipal Court. Mihelich replied in the affirmative.
February 6, 2018
City of Fort Collins Page 159
Councilmember Overbeck thanked the Church for providing the proposal but supported moving
forward in discussions with other service providers for expanded access to existing lockers.
Councilmember Martinez asked if the street outreach program has found a high demand for
lockers. Mihelich replied there is a demand for lockers in the community; however, the challenge
exists with providing them 24/7 without supervision. There may be a lack of awareness about the
Murphy Center lockers as well. Mihelich discussed the importance of the Murphy Center lockers
as having a connection to other programs.
Councilmember Martinez asked how many police calls are generally received in the area. Greg
Yeager, Deputy Police Chief, replied there were 777 calls in the Library Park area, including Old
Town and part of North College, in 2017. There were 35 calls specifically in Library Park, which
is double that of the previous year.
Councilmember Martinez asked how many of the 777 calls resulted in arrest. Yeager replied many
of those have resulted in enforcement action based on the behavior involved.
Councilmember Cunniff stated the possibility of random locker searches is reasonable and prudent
and requested periodic reporting on the program.
City Attorney Daggett stated part of agreement negotiations is ensuring the City’s interests are
covered in terms of potential risks and ensuring conditions imposed are appropriate.
Councilmember Martinez asked how far resources would be stretched with extra patrol requests
of the Police Department. City Manager Atteberry replied he will be requesting additional Police
funding in the new budget. At this point, minimum staffing is met.
Councilmember Martinez asked how many officers the force is short now. Yeager replied Police
Services is usually 10 to 15 officers low based on hiring cycles.
Councilmember Cunniff suggested using the funding proposed for the Mennonite fellowship to
create a cooperative agreement with the Murphy Center for larger lockers with expanded hours.
Mihelich noted increasing hours at the Murphy Center would affect the entire facility. In
conversations with the Murphy Center, hours could be expanded to 10 PM Monday through Friday
and weekend hours could be discussed.
Mayor Pro Tem Horak stated he cannot support the proposal in its current form as it does not meet
the standards for what is desired.
Mayor Troxell stated this proposal does not fit into the City’s system of care to make homelessness
rare and short-lived.
Councilmember Stephens stated not having lockers is a barrier to people finding employment;
therefore, a locker proposal does fit into the strategy. She stated potential problems can be
addressed and expressed support for the Resolution.
Councilmember Martinez stated he cannot support the Resolution as written; however, he does see
the need. He expressed concern with asking church employees and parishioners to search lockers.
February 6, 2018
City of Fort Collins Page 160
Councilmember Cunniff stated he understands the need for lockers; however, a solution that is part
of a bigger more holistic program has a stronger chance of success. He stated he will be proposing
such under Other Business.
RESULT: RESOLUTION 2018-016 DEFEATED [1 TO 6]
MOVER: Kristin Stephens, District 4
SECONDER: Ross Cunniff, District 5
AYES: Stephens
NAYS: Martinez, Summers, Overbeck, Troxell, Cunniff, Horak
(Secretary’s Note: The Council took a brief recess at this point in the meeting.)
24. First Reading of Ordinance No. 031, 2018 Authorizing the Conveyance of a Portion of City-
Owned Property at Pineridge Natural Area to Michael and Mary Pat McCurdie. (Postponed
Indefinitely)
The purpose of this item is to consider the petition from Michael and Mary Pat McCurdie requesting
the City to sell them 606 square feet of Pine Ridge Natural Area.
Mark Sears, Natural Areas Manager, stated this is a petition from Mike and Mary Pat McCurdie
to purchase 606 square feet of the Pineridge Natural Area adjacent to their home. Council
approved the sale of 6 Pineridge parcels in 2015 to resolve significant encroachments in the Natural
Area, many of which had existed for 20 years. Sears discussed the reasons for the sale of the 6
specific properties and stated an additional 6 parcels were sold for similar reasons a year later in
the Cathy Fromme Natural Area.
Sears discussed the parcel being requested by the McCurdies, which would connect to an adjoining
parcel sold in 2015. Natural Areas Department staff and the Land Conservation and Stewardship
Board are recommending Council not sell this parcel for the following reasons: there is no
compelling practical or financial justification for selling the parcel, irregular boundaries with
corners are quite common, it does not meet any of the land disposition guidelines, and there is
concern this could set a precedent for selling similar parcels in the future.
Sears stated the McCurdies’ claim they were not offered the option to purchase the property in
2015; however, his notes indicate they were given the option to do so. Several letters were sent
informing them of three options to resolve their encroachments, including an option to purchase.
At the time, staff was not supporting the sale because the encroachment was minor and could easily
be removed. Mr. McCurdie was given until March 2015 to remove his encroachments, and that
deadline was met.
Ed Reifsnyder, Land Conservation and Stewardship Board Chair, stated the Board has reviewed
this petition and vote unanimously to recommended Council not approve this sale of public land
for what is essentially private purposes. This sale would not solve a Natural Areas problem, serve
a public purpose, advance conservation goals, or be in the spirit of the ballot language which
established the Natural Areas program.
Michelle Haefele requested Council oppose this petition stating selling this land would go against
the wishes of voters and would not benefit the citizens of Fort Collins in any way. The possible
precedent would be detrimental.
February 6, 2018
City of Fort Collins Page 161
Ray Watts stated sales of slivers of Natural Area land erode citizen expectations and there is no
public, land management, programmatic, or ecological benefit to the proposed land transfer.
Rich Stave stated there should be a better process allowing the public more input into this type of
transfer. He opposed the sale.
Joe Piesman stated there should be very compelling reasons to sell portions of Natural Areas and
opposed the sale.
Kathryn Dubiel stated consistency of City policy is paramount and there is no compelling practical
or financial justification for this sale.
Mike McCurdie stated he is in the process of remodeling and discussed his property. He stated
the section in question becomes a collecting point for trash and weeds which he currently
maintains. He stated this sale would not set a precedent.
David Tweedale opposed the sale and stated disposing of lands with no compensating management
or conservation benefit violates the public expectations of sound management aimed at perpetual
conservation.
Councilmember Summers asked if staff would have recommended the sale of this parcel in 2015.
Sears replied in the negative.
Councilmember Summers asked what precedent would be set by this sale that was not set by the
sale of the previous parcels. Sears replied the previous parcels were unique in that some of those
encroachments had existed more than 20 years. He noted the parcels that were sold were not
brought before Council until all encroachments across Natural Areas were resolved so as not to set
a precedent.
Councilmember Summers asked when this area was purchased. Sears replied it was in the early
1990s.
Councilmember Martinez asked Mr. McCurdie why he wants to purchase the land. Mr. McCurdie
replied he want to purchase the land to address the property line discontinuity and make better use
of the land by landscaping it in a transitional way.
Councilmember Martinez asked why this item is before Council. Mihelich replied the Code
requires any land sale to be approved or denied by Council. Applicants are required to pay a non-
refundable deposit, pay for surveying and recording as well as the value of the land. They will
lose their $1000 deposit if Council does not approve the sale.
Councilmember Stephens asked how this situation differs from the previously sold properties with
irregular boundaries. Sears noted one example where the steep bank created when the lot was built
should have been included in the lot from the beginning.
Councilmember Cunniff noted the irregular shape was determined in 2015 to be not sustainable
for the Natural Areas department. He noted Council specifically stated the previous sales were
one-time sales for exceptional situations. Staff was directed to be very diligent in monitoring
future encroachments and remedying them before a sale would need to be a consideration.
February 6, 2018
City of Fort Collins Page 162
Councilmember Stephens asked about Mr. McCurdie’s claim that he maintains this area. Sears
replied there are 705 adjoining property owners to 49 different Natural Areas; therefore, there will
be some areas staff may not be as diligent about maintaining and it is appreciated when neighbors
pick up trash. He stated a certain level of encroachment is allowed for adjoining property owners
in order for them to maintain the immediate area behind their lots.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to postpone
Ordinance No. 031, 2018 indefinitely.
Mayor Pro Tem Horak stated this sets no precedent and clarified it is Council’s purview to sell any
land it deems fit. He suggested the McCurdie’s deposit be refunded so as not to be punitive but
with clear direction moving forward.
City Attorney Daggett noted a motion to refund the money would be needed prior to a motion to
postpone indefinitely.
Mayor Pro Tem Horak and Councilmember Cunniff withdrew their motion.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to refund the
$1,000 deposited with the City to date.
Councilmember Stephens stated she would like to see some clarity around the language in the
future.
The vote on the motion was as follows: Yeas: Summers, Cunniff, Overbeck, Stephens, Martinez,
Horak and Troxell. Nays: none.
THE MOTION CARRIED.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to postpone
Ordinance No. 031, 2018 indefinitely.
Councilmember Martinez discussed the importance of erring on the side of voters.
RESULT: ORDINANCE NO. 031, 2018, POSTPONED INDEFINITELY [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
25. First Reading of Ordinance No. 018, 2018, Amending Chapter 23.5 of the Code of the City of
Fort Collins Pertaining to Special Events. (Adopted on First Reading)
The purpose of this item is to consider amending Chapter 23.5 of the City Code pertaining to Special
Events to be in alignment with current law and to more accurately reflect the City’s current processes
and procedures for issuing Special Event Permits.
Mark Jackson, Deputy Planning, Development, and Transportation Director, discussed the
evolution and benefits of the event planning process and position. This request is a first step in
bringing outdated Code language up to current practices.
February 6, 2018
City of Fort Collins Page 163
Jan Sawyer, Special Events Coordinator, stated one of the first goals of the Coordinator position
was to streamline the special event permit application process. One part of that was to automate
the application process, which was completed in October. This item updates the City Code to
better reflect current and best practices related to special events permits. Sawyer stated staff is
also requesting Council allow the details of special event regulation to be included in an
administrative terms and conditions document and discussed the upcoming public engagement
plan for special events and their impacts.
Councilmember Overbeck asked if neighborhood issues will be addressed the next time this will
be heard by Council. Sawyer replied in the affirmative and stated that will likely occur in the fall.
She stated staff is working on the best methods and timing for the public engagement to occur.
The plan is to formalize a process for neighborhood engagement as part of that plan.
Councilmember Martinez asked if wheelchair issues at New West Fest are being addressed.
Sawyer replied in the affirmative.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Ordinance
No. 018, 2018, on First Reading.
Councilmember Cunniff discussed the importance of having sensitivity to impacted
neighborhoods.
RESULT: ORDINANCE NO. 018, 2018, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
• OTHER BUSINESS
Councilmember Cunniff requested and received Council support to direct staff to update Council
on the current situation at the Murphy Center and to look for opportunities to enhance the dialogue
around expanded locker access. He stated he would like that to go through the normal Council
process, but not wait for the budget process.
Mayor Pro Tem Horak requested and received Council support to direct staff to look at the
administrative policy around Natural Area land sales.
February 6, 2018
City of Fort Collins Page 164
• ADJOURNMENT
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adjourn to 6:00
PM, Tuesday, February 13, 2018, to hear The Union on Elizabeth appeal.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
The meeting adjourned at 9:43 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 165
February 13, 2018
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 6:00 PM
• ROLL CALL
PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
Staff present: Atteberry, Daggett, Coldiron
1. Consideration of an Appeal of the Planning and Zoning Board Decision Regarding the Union
on Elizabeth Project Development Plan/Final Plan PDP/FDP170024. (Adopted)
The purpose of this item is to consider an appeal of the Planning and Zoning Board decision to approve
the Union on Elizabeth Project Development Plan/Final Plan. On December 28, 2017, an appeal was
filed challenging the Planning and Zoning Board Decision made at the December 14, 2017, hearing.
City Attorney Daggett outlined the hearing process and Code requirements related thereto and
briefly discussed the allegations of the appeal.
Rory Heath, Appellant, Stephanie Hansen, Ripley Design and Applicant representative, and Dino
DiTullio, Applicant, identified themselves.
Cameron Gloss, Planning Manager, stated the proposed project, a 5-story mixed-use building, is
located on Elizabeth Street just west of Shields Street. The building has 3,800 square feet of retail
and 107 units with 402 bedrooms. It is in the Community Commercial zone district and Transit
Overlay District.
Gloss outlined the specific appeal allegations: the authority or jurisdiction of the Planning and
Zoning Board, failure to conduct a fair hearing, the Board exceeded its authority or jurisdiction,
and that the integrity of public participation was severely damaged by the Chair.
The appellant alleges the Board decision was favorable to the personal business interests of one or
more Boardmembers and that the Board moved through the approval process too quickly. Staff’s
perspective is that the Board followed proper procedures. Regarding the assertion that the Board
substantially ignored its previously established rules of procedure, staff finds the conduct of the
public hearing and order of proceedings was followed based on Land Use Code Section 2.2.7.
Regarding the allegation the Board considered evidence that was substantially false or grossly
misleading, the Land Use Code states any person may appear at a public hearing and submit
evidence.
Regarding the allegations related to the traffic study, Gloss stated the traffic study complies with
the Larimer County Urban Area Street Standards and did factor in future anticipated growth. The
allegation regarding failure to properly address concerns introduced by the appellant concerning
CSU’s view corridors, staff finds it has consistently applied the Code to consider views from
designated natural features and not views from private property.
Regarding the allegation on public outreach to CSU, staff noted there was mailed and posted notice
in accordance with the City’s standards. CSU was also involved with the West Central Area Plan
2015 update which included an analysis of building heights west of campus.
February 13, 2018
City of Fort Collins Page 166
Regarding the allegation the Boardmembers and Chair have special interests in mind, Gloss noted
one Boardmember recused himself and the others stated they had nothing to disclose; therefore,
no evidence of a conflict of interest exists.
Gloss discussed the location of the proposed project and outlined its aspects that meet the Land
Use Code and West Central Area Plan. He noted no Land Use modifications were required.
Mayor Troxell asked Councilmembers to discuss their site visits.
Councilmember Cunniff stated he observed the site and context of the area.
Councilmember Overbeck stated he walked from the east to west side of the property, looked at
the alley and surrounding structures, and inquired about the street access point.
Mayor Troxell stated he and Mayor Pro Tem Horak also attended the site visit. He stated he
inquired about the paseo’s alignment with the adjacent complex.
Mayor Troxell asked that procedural issues be addressed.
Mr. Heath asked if he could present a PowerPoint presentation. Mayor Troxell asked if it is limited
to materials previously presented. Mr. Heath replied in the affirmative but stated there is additional
clarifying information in the presentation. Ms. Hansen requested the ability to object should she
see information not previously presented.
Mayor Pro Tem Horak suggested the applicant be given the opportunity to review the presentation
to determine if any objections exist.
(Secretary’s Note: The Council took a brief recess at this point in the meeting.)
Ms. Hansen stated significant new information exists in the PowerPoint presentation; however, the
applicant does not have any objection to its inclusion in the hearing.
APPELLANT PRESENTATION
Mr. Heath discussed the citizen participation aspects of this project and the appeal process. He
stated the staff presentation by Mr. Gloss favored the applicant. He showed slides of various
aspects of the Planning and Zoning Board hearing and other information.
Mr. Heath discussed other recently approved projects in the area and stated the traffic study does
not provide a metric with the new lane conditions and projects present. He questioned how a
“neighborhood” is defined and how much input CSU provided.
Regarding bias, Mr. Heath stated Chair Schneider was able to steer the direction of the hearing
and denied the continuance of the item as requested. He stated Chair Schneider’s employment in
the construction industry is a bias.
APPLICANT PRESENTATION
Stephanie Hansen, Land Planner, stated her presentation addresses the notice of appeal rather than
the new additional information provided in Mr. Heath’s presentation. She discussed the changes
February 13, 2018
City of Fort Collins Page 167
made to improve the plan and noted it was approved unanimously by the Planning and Zoning
Board.
Ms. Hansen discussed the area and noted the West Central Area Plan provides information as to
the definition of the neighborhood. The proposed project focuses on the pedestrian experience by
stepping back the third and fourth floors, articulating all sides of the building, and providing large
setbacks on the east and west sides.
Ms. Hansen stated there are three review criteria for potential impacts of a building over 40 feet
tall: light and shadow, privacy, and neighborhood scale. The Code does not have any review
criteria for protecting views or view corridors and the evidence on the record shows this project
complies with all three applicable review criteria.
Ms. Hansen noted the project is not requesting any modifications and discussed the conditions
imposed on the project by the Board. She stated the Board has consistently set public input time
for three minutes, as it did when Mr. Heath spoke, and stated the Board may not have exhaustively
discussed every topic; however, that does not mean they were not considered.
Ms. Hansen stated the exact dates of the traffic study were included and all applicable
developments were included in the traffic forecast. She discussed the allegations of bias and noted
Chair Schneider has no financial interest in the project. She requested Council uphold the Planning
and Zoning Board’s approval.
APPELLANT REBUTTAL
Mr. Heath stated there is a bias in that Chair Schneider works in the construction industry and has
a network within that industry. He stated the traffic report did not contain proper diagramming
and there was a lack of legislative will when the item was not considered for continuation.
Mr. Heath stated there has not been a specific name of anyone notified at CSU. He stated the
entire West Central Area Plan was not considered for this project and discussed parking issues.
APPLICANT REBUTTAL
Ms. Hansen stated several potential retail tenants have been identified, all notices were mailed per
Code requirements, and she has met with the appellant several times and would meet with any
interested party to gain input.
Mr. DiTullio stated he has never had any interactions with Chair Schneider outside of the Planning
and Zoning Board and his company has nothing to do with the project.
COUNCIL DISCUSSION
Councilmember Martinez asked about the process of notifying CSU. Gloss replied CSU, as a
nearby property owner, does receive written notice. CSU is also closely coordinated with the
City’s planning efforts and participated heavily in the West Central Area Neighborhood Plan
update.
February 13, 2018
City of Fort Collins Page 168
Councilmember Martinez asked who specifically is notified at CSU. Gloss replied Fred
Haberecht, CSU Facilities, is the main point of contact; however, he cannot speak to the exact
individual who received the mail notice in this case.
Councilmember Martinez asked about the public outreach process for the project. Gloss replied
the required neighborhood meeting was conducted.
Councilmember Martinez asked about the bias allegations. Gloss replied Boardmembers were
given the opportunity to recuse themselves if a conflict existed.
Councilmember Martinez asked Mr. Heath if he has any specific proof of a bias. Mr. Heath replied
he has no specific proof; however, it is a logical conclusion that someone within the industry would
have the same network of people who may benefit from the project and his decision.
Councilmember Martinez asked Mr. Heath to clarify his comments about the traffic study being
reckless. Mr. Heath replied the traffic study did not correct a change in the traffic flow, especially
considering the new underpass. He stated losing the second lane causes an awkward and unsafe
flow of traffic.
Martina Wilkinson, Traffic Operations, stated a scoping meeting with the applicant occurred prior
to the completion of the underpass; therefore, the traffic study started from a baseline of the
existing conditions when the project was submitted. After the underpass was complete, the
applicant was required to do a memo addition to the traffic study which included the differences
in lane utilization and number. That memo did not change the conclusions of the study.
Councilmember Martinez asked Mr. Heath why he wanted the Board to continue the item. Mr.
Heath replied an exhaustive look at all the issues had not occurred and the Board was not at a point
to reach a conclusion at the hearing. He stated another meeting would have allowed for more
significant public input.
Councilmember Martinez asked how much public input occurred for the West Central Area Plan.
Gloss replied there was an 18-month public process which included multiple meetings for
neighborhoods within the area.
Councilmember Stephens asked how the incongruity in building height will be addressed until
additional redevelopment occurs. Gloss replied that is a challenge and it is difficult to measure
compatibility; however, based on conversations with area property owners, there is an anticipation
of redevelopment. Regarding the proposed building, there are large setbacks and upper floors are
stepped back.
Councilmember Stephens asked if the Planning and Zoning Boardmembers frequently have
development and design backgrounds and professions. Gloss replied in the affirmative and stated
it has been shown to be advantageous to have some familiarity. He stated Boardmembers are
conservative when considering conflicts of interest.
Councilmember Stephens asked if the crosswalk and stadium were considered when traffic was
analyzed. Wilkinson replied in the affirmative and stated the applicant moved their access a couple
hundred feet to the west to help avoid conflicts with the crossing.
February 13, 2018
City of Fort Collins Page 169
Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to find that the
Planning and Zoning Board conducted a fair hearing in its consideration of The Union on Elizabeth
and that the Board did not substantially exceed its authority or jurisdiction, did not substantially
ignore its previously established rules of procedure, did not consider evidence relevant to its
decision that was substantially false or grossly misleading, did not improperly fail to receive all
relevant evidence offered by the appellant, and was not biased against the appellant by reason of a
conflict of interest or close business, personal, or social relationships that interfered with the
Board’s independence of judgement. Based on the evidence in the record and presented at this
hearing, the appeal is hereby found to be without merit and it denied.
Mayor Pro Tem Horak opposed the allegation of bias.
Councilmember Cunniff noted the Code and Charter specifically outline the definition of “conflict
of interest” and none of that definition was cited as being violated by the appellant.
Mayor Pro Tem Horak noted Boardmembers can always recuse themselves if they do not feel they
can be fair in making a judgement.
Councilmember Stephens stated extending the time beyond three minutes for each speaker would
have gone against procedures. She noted there will be some growing pains with new development
in the area.
Councilmember Martinez stated there was no direct evidence for any of the appeal allegations.
Councilmember Overbeck stated the appellant did not meet the burden of proof.
Mayor Troxell stated the Board conducted a fair hearing and the appellant was unable to prove his
case.
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to uphold the
decision of the Planning and Zoning Board approving The Union on Elizabeth PDP/FDP because
the Board properly interpreted and applied the relevant provisions of the City Code and Land Use
Code cited in the appeal notice. Based on the evidence in the record and presented at this hearing,
the appeal is hereby found to be without merit and is denied.
Councilmember Cunniff stated it is obvious this project complies with the Land Use Code and
City Code.
Mayor Pro Tem Horak commended Mr. Heath for bringing forth his concerns and stated there will
be opportunities to address those types of concerns as part of the City Plan update.
Councilmember Summers commended the process of improving the application and noted this
project will become a prototype for the area.
February 13, 2018
City of Fort Collins Page 170
Mayor Troxell stated he believes the Board properly interpreted and applied the relevant Land Use
Code sections approving the project.
RESULT: PLANNING AND ZONING BOARD DECISION UPHELD [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
• ADJOURNMENT
The meeting adjourned at 8:07 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk