HomeMy WebLinkAboutMemo - Read Before Packet - 7/5/2016 - Memorandum From Wanda Winkelmann Re: Agenda Item #10 - Coy Farmstead Landmark DesignationThe following citizen letters have been received since 3 p.m., Thursday, July 1.
City Clerk
300 LaPorte Avenue
PO Box 580
Fort Collins, CO 80522
970.221.6515
970.221-6295 - fax
fcgov.com/cityclerk
MEMORANDUM
DATE: July 5, 2016
TO: Honorable Mayor and City Councilmembers
FROM: Wanda Winkelmann, City Clerk
RE: Agenda Item #10: Coy Farmstead Landmark Designation
Attached are emails received from citizens since Thursday, July 1 regarding the Landmark
Designation for the Coy Farmstead, Woodward Technology Center.
From: "Eclectic Reader Books ‐Gmail" <eclecticreaderbooks@gmail.com>
To: "City Leaders" <CityLeaders@fcgov.com>
Subject: Coy Barn and Milkhouse
Date: Fri, Jul 1, 2016 2:14 PM
I am writing to urge you to vote to designate the Coy barn and milkhouse
as local historic landmarks. If we do not preserve some of our history
what will be left to distinguish Fort Collins from any other American
city? Do we really want the American landscape to become a series of
strip malls with different names?
Sincerely,
Cynthia Manuel
Fort Collins
From: Mary Humstone [mailto:humstone@gmail.com]
Sent: Monday, July 04, 2016 5:14 PM
To: City Leaders
Subject: Coy Barn and Milkhouse
Dear City Council Members,
As a 30+-year resident of Fort Collins, I have seen our city more than double in population and
grow in ways that have been both encouraging and discouraging to me. One thing that has saved
Fort Collins from being just like every other small city is historic preservation, specifically the
designation and protection of the downtown area and portions of the city’s older residential
neighborhoods.
When I moved here in 1985, the city’s agricultural heritage was very much in evidence, but it is
barely visible today. Over the past 30 years, I’ve seen farm buildings bulldozed for development,
lost to arson, and hidden within subdivisions. As a board member and president of Historic Fort
Collins Development Corporation in the 1990s, I helped to secure state funding for, and fought
to preserve, the Preston Farm, only to see the individual farm buildings overtaken and dwarfed
by the surrounding industrial-scale development of the Harmony Corridor.
On July 5, you will have the opportunity to preserve what is probably the most important
remaining vestige of our agricultural heritage, the Coy Barn. Development to the north of this
barn has already taken place, but because of the open space created along the Poudre River, the
barn itself can still be easily viewed by the public, and clearly identified as belonging to Fort
Collins’ 19th century settlement history. The Coy Barn and adjacent Milkhouse meet the criteria
for designation as a local landmark, with significance in history and architecture, and excellent
exterior integrity.
Neither the City nor Woodward has anything to lose by this designation. Woodward’s
development around the barn has already taken place, and the barn still retains its historic
integrity. Please ensure that it continues to educate, inform and delight Fort Collins’ citizens and
visitors in the future, by voting to designate the Coy Barn and Milkhouse as Fort Collins
landmarks.
Sincerely,
Mary Humstone
4420 Bingham Hill Rd, Fort Collins, CO 80521
970-420-5275; humstone@gmail.com
From: Wendy Campbell [mailto:wen.campbell@gmail.com]
Sent: Tuesday, July 05, 2016 9:00 AM
To: City Leaders
Subject: The most important landmark decision in our lifetimes
Dear City Council Members,
The Coy barn and milk house are all that remain of our city's founding and long agricultural heritage
along our proudly held National Heritage River corridor. That they also sit at the gateway to Fort Collins
and right next to our heavily used Poudre River Trail make them a must for preservation via city
landmarking.
I have copied photos below to illustrate their beauty and relevance to our history and quality of life.
There probably will not be in our lifetimes a site more important to preserve and protect through
landmark designation than this one.
I respectfully urge you to vote yes tonight on the unanimous recommendations of your staff and the
Landmark Preservation Commission.
Sincerely,
Wendy Campbell
City resident
Sent: Tuesday, July 05, 2016 11:10 AM
To: save our silos steering
Cc: City Leaders
Subject: Re: The most important landmark decision in our lifetimes
On Tuesday, July 5, 2016 at 9:00:29 AM UTC-6, wen.campbell wrote:
Dear City Council Members,
The Coy barn and milk house are all that remain of our city's founding and long agricultural
heritage along our proudly held National Heritage River corridor. That they also sit at the
gateway to Fort Collins and right next to our heavily used Poudre River Trail make them a must
for preservation via city landmarking.
I have copied photos below to illustrate their beauty and relevance to our history and quality of
life.
There probably will not be in our lifetimes a site more important to preserve and protect through
landmark designation than this one.
I respectfully urge you to vote yes tonight on the unanimous recommendations of your staff and
the Landmark Preservation Commission.
Sincerely,
Wendy Campbell
City resident
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Sara Gonzales
From: Wanda Winkelmann
Sent: Monday, July 04, 2016 11:51 AM
To: 'Gina Janett'; Carrie Daggett; Gerry Horak
Cc: CCSL; Brad Yatabe; City Clerk Department
Subject: RE: City Process for Landmark Designations
Hello Gina:
Per your request below for more information on the process, the Mayor requested that I send you the following:
Council Agenda Item No. 10 – Landmark Designation of Coy Farmstead
HEARING ORDER OF PRESENTATION
1. Introduction of item (Consideration of Ordinance Number 088, 2016, Regarding the
Proposed Designation of the Coy Farmstead Barn and Milk House as Historic Landmarks)
2. City Attorney explanation of hearing process
3. Identification of parties present
4. Mayor overview of hearing process
5. Discussion of potential Councilmember conflicts
6. Staff presentation of overview of Item
7. Council explanation of site observations
8. Discussion and resolution of procedural objections
9. Testimony:
a. 15 minutes total for the Applicants’ presentation;
b. 15 minutes total for Woodward’s presentation;
c. Public Comment (time to be set per speaker);
d. 5 minutes total for Applicants’ rebuttal;
e. 5 minutes total for Woodward’s rebuttal;
10. Council questions
11. Council discussion and motion
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. . . . . . . . . . . . . . .
WANDA WINKELMANN
City Clerk
City of Fort Collins
970-416-2995 office
From: Gina Janett [mailto:ginaciao@frii.com]
Sent: Friday, July 01, 2016 11:32 AM
To: Carrie Daggett; Gerry Horak
Cc: CCSL; Brad Yatabe
Subject: RE: City Process for Landmark Designations
Hi Carrie,
Thanks for the update. I’m glad to hear it isn’t an appeal since there has been no decision to appeal.
However, I am still concerned by the change in process for this single historic landmark application and the deviation
from standard and historical practices. I look forward to being contacted about the process and for any further
explanations by the mayor. My interest is in seeing that the City Code is followed as written and that all procedures at
council meetings follow the established precedents.
Gina
From: Carrie Daggett [mailto:CDAGGETT@fcgov.com]
Sent: Friday, July 1, 2016 10:06 AM
To: Gerry Horak <ghorak@fcgov.com>; Gina Janett <ginaciao@frii.com>
Cc: CCSL <CCSL@fcgov.com>; Brad Yatabe <byatabe@fcgov.com>
Subject: RE: City Process for Landmark Designations
Gina,
This matter is being handled as a quasi‐judicial matter because of the nature of the Council’s decision and the interests
involved.
I should note that this is not an appeal and is not subject to some of the limitations that apply to an appeal. The Council
is the decision maker (not an appellate reviewer) and will be able to receive input from any interested persons, as well
as evidence on the matter (regardless of whether it was provided or considered by the Landmark Preservation
Commission).
Materials received from the public by the Clerk in advance of publication of the agenda materials were included in the
agenda packet, and materials received in time before the final packet on Tuesday will also be provided to Council for
consideration.
It’s my understanding that the Mayor is going to be reviewing the specific process to be used for this item on Tuesday
night, and that the City Clerk will be contacting the stakeholders involved in this with that information later this
morning. That may help resolve some of the questions regarding the process.
I hope this is helpful and will continue to work with the City Clerk to coordinate information for those who are interested
in participating in or learning about the process for consideration of this item.
~Carrie
3
Carrie Mineart Daggett
City Attorney
City of Fort Collins
300 LaPorte Avenue
P.O. Box 580
Fort Collins, CO 80522
ofc: 970-416-2463
cell: 970-219-6426
cdaggett@fcgov.com
From: Gerry Horak
Sent: Friday, July 1, 2016 7:54 AM
To: Gina Janett
Cc: CCSL Legal
Subject: RE: City Process for Landmark Designations
Gina
Thanks for the email, information and request. I have contacted the City Attorney and asked that more explanation be
provided on this choice of hearing. That said as to whether the item is quasi judicial or legislative is independent of any
of the parties involved. i believe this is the first non-consensual historic designation that has been appealed.
Sincerely
Gerry
Gerry Horak
Mayor Pro Tem
Councilmember
District 6
ghorak@fcgov.com
217-2993
123 North Mack Street
Fort Collins, CO 80521
With limited exceptions, emails and any files transmitted with them are subject to public disclosure under the
Colorado Open Records Act (CORA). To promote transparency, emails will be visible in an online archive,
unless the sender puts #PRIVATE in the subject line of the email. However, the City of Fort Collins can’t
guarantee that any email to or from Council will remain private under CORA.
From: Gina Janett [ginaciao@frii.com]
Sent: Wednesday, June 29, 2016 10:29 AM
To: Gerry Horak
Subject: City Process for Landmark Designations
4
Dear Councilmember Horak,
I am writing you as Mayor Pro Tem and as the councilmember who has the longest service on the City Council.
I am writing about the process for the July 5th City Council agenda item for the Coy Barn and Milk House Landmark
Designation. We have been informed that the agenda item will be conducted as a quasi‐judicial hearing rather than a
legislative hearing. No‐one at the city will tell us why the process for this item has been changed to quasi‐judicial. This is
not the standard process for city council to act on landmark designations and to our knowledge, this process has never
been used before on a landmark decision.
Additionally, we do not believe it is appropriate to change the process for any single applicant and sets a bad
precedence that limits public access and participation on a legislative action. Attached is a letter from the city attorney’s
office telling us we cannot know why the quasi‐judicial approach is being used. Below is an email exchange as well with
the city attorney’s office which makes it clear to us that the code authorizes the council to designate property by
ordinance, which is a legislative act.
Finally, we think the quasi‐judicial hearing approach makes this meeting more adversarial than it needs to be. The quasi‐
judicial process sets up the applicants and those opposed to the application as antagonists. In fact, at the May Landmark
Preservation Commission hearing where the landowner requested consensual designation, our group spoke out in
5
support of 6 or 7 of their conditions. Thus, by making Tuesday’s hearing a quasi‐judicial hearing, the council is pushing
the land owners’ and landmark supporters into two, falsely opposing sides.
I would ask that you tell us why the process has been made quasi‐judicial and encourage the council to revert back to
the legisilative process as it is explained in city code.
Respectfully yours,
Gina C. Janett
970 222‐5896
From: Brad Yatabe [mailto:byatabe@fcgov.com]
Sent: Thursday, June 9, 2016 5:22 PM
To: 'Gina Janett' <ginaciao@frii.com>
Subject: RE: June 3 Request for Emails
Gina,
I am not aware of any language in the City Code specifying that the designation hearing before Council is
quasi-judicial in nature. I believe the most relevant City Code provision to your inquiry is:
Sec. 14-27. - City Council action.
Upon receipt of the recommendations transmitted by the Commission, the City Council may by ordinance
designate property as a landmark or landmark district. Due consideration shall be given to the written view of
owners of affected property, and in its discretion the City Council may hold public hearings on any proposed
landmark or landmark district designation. If the City Council does not so designate a property, then any
pending application for a permit to alter or demolish the structure on the property may be approved without the
necessity of compliance with Article IV of this Chapter.
Recall that this section was amended so the current online language is a bit different. However, I believe this is
the applicable provision since it was in effect when the application for designation was filed.
Brad Yatabe
Assistant City Attorney
City of fort collins
300 LaPorte Avenue
PO Box 580
Fort Collins, CO 80522
970.416.4249 – Direct
970.221.6327 - Fax
byatabe@fcgov.com
STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email
message and any attachments is attorney-client privileged, confidential, and intended only
for the use of the individual or entity named above. If the reader of this message is not the
intended recipient, you are hereby notified that any dissemination, distribution, or copying of
this email is strictly prohibited. If you have received this email in error, please cease viewing
the contents, notify the sender immediately by reply email, and permanently delete this email
and any attached materials.
6
From: Gina Janett [mailto:ginaciao@frii.com]
Sent: Wednesday, June 08, 2016 9:11 AM
To: Brad Yatabe
Subject: RE: June 3 Request for Emails
Importance: High
Brad,
Ok. One other easier question about city code rather than about emails from the attorney’s office.
Does the City Code specify that Council votes on Landmark Designation decisions are quasi‐judicial – yes or no? Can you
point me to the citation?
Thanks.
Gina
From: Brad Yatabe [mailto:byatabe@fcgov.com]
Sent: Tuesday, June 7, 2016 3:48 PM
To: 'ginaciao@frii.com'
Cc: Karen McWilliams
Subject: June 3 Request for Emails
Ms. Janett,
Attached is my response to your June 3 request for copies of emails.
Brad Yatabe
Assistant City Attorney
City of fort collins
300 LaPorte Avenue
PO Box 580
Fort Collins, CO 80522
970.416.4249 – Direct
970.221.6327 - Fax
byatabe@fcgov.com
STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email
message and any attachments is attorney-client privileged, confidential, and intended only
for the use of the individual or entity named above. If the reader of this message is not the
intended recipient, you are hereby notified that any dissemination, distribution, or copying of
this email is strictly prohibited. If you have received this email in error, please cease viewing
the contents, notify the sender immediately by reply email, and permanently delete this email
and any attached materials.
This email has been checked for viruses by Avast antivirus software.
www.avast.com
From: Gina Janett [mailto:ginaciao@frii.com]
Sent: Tuesday, July 05, 2016 12:38 PM
To: Wanda Winkelmann
Subject: RE: Coy Farmstead Landmark Designation Hearing
Importance: High
Thanks Wanda,
Attached is one more item for the council’s ”read before” the meeting file. It’s a short Powerpoint
slideshow that we WON’T be presenting at the meeting tonight so we’d like council to get it on paper.
Later this afternoon I will drop off a thumb drive by 5pm with the Powerpoint presentation that we as
applicant’s WILL present tonight.
Gina
PRESENTATION:
THE DEMOLISHED PIONEER FARMSTEADS
ALONG THE POUDRE RIVER
COY FARMSTEAD 1862‐2016
The first settlers took up choice lands along the
river and cut hay to sell in the mining camps
STRAUSS CABIN
BEFORE AND
AFTER BURNED
1864 ‐ 1999
STRANG FARMHOUSE
BEFORE/AFTER BURNED.
1867 – 2002
2001
FREDERICK
SHERWOOD FARM &
OVERLAND TRAIL
STAGE STATION
1861–Burned c. 2002
1976
1990s
Was located in CSU
Environmental
Learning Center NE
of E. Drake Rd. and
S. Co. Rd. 9
Jesse Sherwood-
Archer- Rigden House
known as “Grout
House”
1870 – 1999
1992
BURNED
INTERPRETIVE SIGN TO BE
INSTALLED ALONG THE
POUDRE RIVER TRAIL
THIS IS ALL WE HAVE LEFT IN FT. COLLINS ALONG THE POUDRE
THE BARN AND MILK HOUSE MUST BE SAVED
In memory of…
Dr. Donald Klein 1935-2016
Co-Chair of the Saving the
Coy Barn Project 1994-1997
In memory of…
Ruth Alice Hoffman 1924-2016
The reason the Coy Barn was
saved in the 1990s
From: Debra Kelly <Debra.Kelly@homestatebank.com>
Date: July 5, 2016 at 12:13:10 PM MDT
To: "'boverbeck@fcgov.com'" <boverbeck@fcgov.com>, "'raymartinez@fcgov.com'"
<raymartinez@fcgov.com>, "'gcampana@fcgov.com'" <gcampana@fcgov.com>,
"'kstephens@fcgov.com'" <kstephens@fcgov.com>, "'rcunniff@fcgov.com'" <rcunniff@fcgov.com>,
'Gerry Horak' <ghorak@fcgov.com>, "'wtroxell@fcgov.com'" <wtroxell@fcgov.com>
Cc: Debra Kelly <Debra.Kelly@homestatebank.com>
Subject: Coy Farmstead/Woodward
Good morning,
I am writing regarding the issues concerning the local landmark designation process of the Coy
Farmstead, Woodward Technology Center
I am concerned about the non‐consensual designation of the barn and milk shed without the
property owners input. Woodward is willing to work with voluntarily designation.
Woodward is a primary employer for the City of Fort Collins. Offering good jobs with good pay.
Woodward provides support to many non‐profits.
Taking of “private property rights” is concerning. If it happens in this situation, when and where
will happen again.
Please consider and weigh carefully your decision regarding this matter at hand and any precedence it
may set for future businesses/employers considering Fort Collins as a location.
Debra Kelly
Vice President/Senior Branch Manager
NMLS# 410878
debra.kelly@homestatebank.com
Mountain Office: 970‐292‐0147
Mountain Fax: 970‐224‐4180
Raintree Office: 970‐622‐7181
Raintree Fax: 970‐484‐0788
From: Will Flowers <will@willflowers.com>
Date: July 5, 2016 at 11:56:22 AM MDT
To: <wtroxell@fcgov.com>
Subject: Woodward & LPC Historic Designation
Mayor Troxell,
I want to express my concern regarding the hearing this evening, related to the involuntary
designation of landmark status on the Woodward property. This stands as a prime example of
the LPC, a body who's mission and purpose I believe in and value highly, dramatically
overstepping their bounds and seemingly engaging their influence to further a personal grudge
with Woodward. As a private citizen, that is how it has appeared to me, watching the process
with those continually fighting this specific private land owner and business. Considering
Woodward has offered a fair voluntary designation, why would LPC refuse it and instead ask to
take the time and money to bring this issue to Council to, force the designation? The only
reasons I can see are;
1) LPC wants to make a public statement and have it on record that they were able to force
Woodward into compliance, by exploiting the power of City Council. I see it nowhere in the
LPC's mission/guidelines that it is their duty to enhance the egos of the LPC board members, nor
is it their duty to make a public example of any private land owners. However, that is how this
process looks from the outside, at least to this private citizen.
2) With this proposed involuntary designation, there would be no protection for the property
owner in the future, regarding future changes by City Council and/or the LPC. It may not be
likely, but it is possible that someday, the LPC or City Council could change their mind
regarding the permissible use of this private property, and require the owner to make costly
changes to the property and it's use. What is to stop the LPC from requesting that a portion of
the property it decides is particularly valuable, become a public museum, or park space? There
is nothing to stop that from happening in the future, and based on how Woodward has been
treated by the LPC and it's members, I wouldn't count it out. That is a door that should never be
left open, and to do so would be wildly unfair to to the land owner. As a Realtor, I can say, that
this type of open-ended designation, will have a dramatic impact on the value of the Woodward
property. This would be a serious issue for any company or individual looking to acquire it in
the future.
Finally, LPC has become way too involved in too many aspects of the community. Their role, as
I've read it online, is to identify and review landmark properties. Not to inject themselves into
new construction or new development projects and certainly not to deny a valid and fair
voluntary designation request. Personally, I would like to see Council take some dramatic steps
with the LPC, including but not limited to, a full restructuring of the commission. The current
LPC has grown a little too "Boulder", a little too self-righteous for Fort Collins. It doesn't appear
to represent the spirit or culture of our community, and this request coming to you tonight is a
prime example of that. This type of forceful compliance and violation of private property owner
rights, isn't how we operate in Fort Collins. We are all in this together, not in-spite of each other.
I thank you for your time and apologize for the lengthy message, there is just so much to be said
about this. I encourage you to please be thoughtful and take your time to fully consider the
impact of a decision like the one you will have before you tonight.
From: <mbello10@comcast.net>
Date: July 5, 2016 at 10:24:42 AM MDT
To: <wtroxell@fcgov.com>, <ghorak@fcgov.com>, <raymartinez@fcgov.com>,
<gcampana@fcgov.com>, <rcunniff@fcgov.com>, <boverbeck@fcgov.com>,
<kstephens@fcgov.com>
Cc: Darin Atteberry <DATTEBERRY@fcgov.com>
Subject: Coy Farmstead Landmark Designation
Hello Councilmembers,
I understand you will be hearing the landmark designation of Woodward's property this
evening. As this is not supported by Woodward and in essence is a taking of property
rights I hope you will vote against this item.
As always, thank you for your consideration and thoughtful decisions on issues that
come before you.
Michael Bello
2309 Sunstone Drive
Fort Collins, CO 80525
From: Steve Lucas <slucas@storagegroupinc.com>
Date: July 5, 2016 at 7:24:13 AM MDT
To: <boverbeck@fcgov.com>, <raymartinez@fcgov.com>, <gcampana@fcgov.com>, Kristin
Stephens <kstephens@fcgov.com>, <rcunniff@fcgov.com>, Gerry Horak
<ghorak@fcgov.com>, Wade Troxell <wtroxell@fcgov.com>
Subject: Woodward Non Consensual Designation
This email is a request for City Council not to impose ""non-consensual designation"
landmark preservation on the Woodward property and campus.
This type of designation in nothing less than eminent domain. Here is a quote from
William Blackstone, an 18th Century English politician, judge and jurist:
So great moreover is the regard of the law for private
property, that it will not authorize the least violation of
it; no, not even for the general good of the whole
community.
I am not sure if it could be any better stated for this consideration; "that it will
not authorize the least violation of it"!
Additionally, from a very personal perception, I find it very disturbing that a great
provider of primary jobs to the region has been badgered on every front with this
expansion endeavor. In the business world sometimes we look at the "what if". So
what if Woodward was not here and those jobs, property taxes, sales taxes, etc did not
exist, or worse yet disappeared?
Woodward, as a world wide respected company, could have gone any where and
probably to a fully "open arms" community. Lets give them the respect they deserve
and I am sure they will treat their property with the moral dignity they are known for
world wide!
Thank You,
Steve Lucas
Chief Operating Officer