HomeMy WebLinkAbout2018CV149 - SUTHERLAND V. CITY OF FORT COLLINS, STEVE MILLER & IRENE JOSEY - 088S - EXHIBIT SApril.3, 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, Jensen
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated there were no changes to the published agenda.
• CITIZEN PARTICIPATION
George Grossman questioned how the City could help the vitality of small businesses. He stated
there is a lack of coordination between ,City departments with regard to economic vitality. He
noted the Economic Health Department has not weighed in on the Sign Code changes.
Ursula Lord discussed th~ increasing goose population and requested Council read an opinion
piece she wrote for the Coloradoan.
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Margaret Mitchell stated there is not enough handicap parking at the Senior Center and discussed
the planning process related to a lot on the 800 block of East Elizabeth.
Stacy Lynne discussed the Sign Code update and varying City statements regarding murals.
• CITIZEN PARTICIPATION FOLLOW-UP
Mayor Troxell summarized the citizen comments and encouraged Mr. Grossman to attend
meetings of the Economic Advisory Board.
Councilmember Cunniff requested a timeline of the evaluation of the Senior Center handicap
spaces and information as to any City plans related to the geese population.
Councilmember Martinez requested staff input regarding Ms. Lynne's comments. Tom Leeson,
Community Development and Neighborhood Services Director, replied murals will not be part of
the phase two Sign Code update.
• CONSENT CALENDAR
Councilmember Cunniff withdrew Item No. 6, First Reading of Ordinance No. 047, 2018,
Appropriating Prior Year Reserves in the Transportation Capital Expansion Fee Fund and the
Transportation Fund and Authorizing the Transfer of Appropriations from the Transportation
Capital Expansion Fee Fund and the Transportation Fund into the Capital Project Fund for the
Eas( Prospect Road Improvements Project and Transferring Appropriations from the Capital
Project Fund to the Cultural Services and Facilities Fund for the Art in Public Places Program,
from the Consent Agenda.
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DATE FILED: March 8, 2019 6:07 PM
FILING ID: 8864D66F6104C
CASE NUMBER: 2018CV149
RESULT:
MOVER:
SECONDER:
AYES:
ADOPTED [UNANIMOUS]
Gerry Horak, District 6
Ross Cunniff, District 5
Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
April 3, 2018
1. Second Reading of Ordinance No. 042, 2018, Appropriating Unanticipated Revenue Received
From the Estate of Marjorie J. McTaggart in the Recreation Fund to be Paid to the Fort Collins
Senior Center Endowment Fund For Use to Benefit the Senior Center. (Adopted)
This Ordinance, unanimously adopted on First Reading on March 20, 2018, appropriates unanticipated
revenue in the amount of $38,581, received from the Estate of Marjorie J. McTaggart, for use by the
Fort Collins Senior Center.
2. Second Readina of Ordinance No. 043, 2018, Appropriating Unanticipated Revenue into the
Capital Project Fund for the North College Improvements Project - Canal to State Highway 1
and for Transfer from the Capital Project Fund to the Cultural Services and Facilities Fund for
the Art in Public Places Program. (Adopted)
This Ordinance, unanimously adopted on First Reading on March 20, 2018, appropriates unanticipated
revenue in the amount of $156, 144 into the Capital Project Fund for the North College Improvements
Project-Canal to Stafe Highway 1. Funds to be appropriated were collected as a payment-in-lieu of
frontage improvement obligations from a recent development near the Project location. After this
appropriation, the total appropriated funding for the Project will be approximately $2.35 million.
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3. Second Reading of Ordinance No. 044, 2018, Appropriating Prior Year Reserves in the General
Fund for Waste Reduction and Diversion Projects Approved as Part of the Waste Innovation
Program. (Adopted)
This Ordinance, unanimously adopted on Frist Reading on March 20, 2018, appropriates $111,000
accumulated during 2017 in the Waste Innovation Fund account into the City's General Fund account
to approve projects to develop new organizational processes that enable City departments to divert
more waste material from landfill disposal. ·
4. Second Reading of Ordinance No. 045, 2018, Amending Chapter 7 of the City Code to Amend
Requirements and Procedures for Elections. (Adopted)
This Ordinance, unanimously adopted on First Reading on March 20, 2018, amends City Code relating
to municipal elections. Changes include naming the City Clerk as the Designated Election Official,
defining the terms "public announcement" and "registered agent", and amending the time for
candidates to file a financial disclosure statement when accepting nomination for ottice. Amendments
are proposed for the registration and .termination of committees and to allow for implementation of
signature verification for the 2019 election.
5. First Reading of Ordinance No. 046, 2018, Reappropriating Funds Previously Appropriated in
2017 But Not Expended and Not Encumbered in 2017. (Adopted)
The purpose of this item is to reappropriate monies in 2018 that were previously authorized by City
Council for various expenditures in 2017. The authorized expenditures were not spent or could not be
encumbered in 2017 because: · ·
• there was not sufficient time to complete bidding in 2017 and therefore, there was no known vendor
or binding contract as required to expend or encumber the monies,
• the project for which the dollars were originally appropriated by Council could.not be completed
during 2017 and reappropriation of those dollars is necessary for completion of the project in 2018,
or
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April 3, 2018
• the funds appropriated in 2017 for certain ongoing programs, services, and facility improvements
remained unspent at the end of 2017 for the various reasons discussed below, but continue to be
needed in 2018 for these programs, services and facility improvements ..
6. First Reading of Ordinance No. 048, 2018, Appropriating Prior Year Reserves in the
Transportation Capital Expansion Fee Fund and the Transportation Fund and Authorizing the
Transfer of Appropriations from the Transportation Capital Expansion Fee Fund and the
Transportation Fund into the Capital Project Fund for the South Timberline Road
Improvements Project and Transferring Appropriations from the Capital Project Fund to the
Cultural Services and Facilities Fund for the Art in Public Places Program. (Adopted)
The purpose of this item is to appropriate $549,496 into the Capital Project Fund for the South
Timberline·Road Improvement Project. This funding will be used to initiate the design for the project.
In addition, this item will authorize the transfer of $5,495, one percent of the appropriated funds, from
the Capital Project Fund to the Cultural Services and Facilities Fund for Art in Public Places. This
project will reconstruct South Timberline Road from Stetson Creek Drive to Trilby Road to the City's
four lane arterial roadway standard. Planned improvements include: intersection improvements at
Kechter Road, Zephyr Road, and Trilby Road; multi-modal accommodations; raised medians; access
control; landscaping improvements; and roadway improvements. This project serves to build upon
the development improvements that have been completed along the corridor. This project will improve
safety, reduce congestion, and provide improved accommodations for alternate travel modes. Staff
anticipates an overall project budget of $5,900,000 and an anticipated construction start date of 2021.
7. First Reading of Ordinance No. 049, 2018, Appropriating Prior Year Reserves in the Utility
Customer Service and Administration Fund for Cyber Security and System Enhancements for
the Utilities Customer Information System. (Adopted)
The purpose of this item is to fund security improvements identified in a 2017 assessment of the
Utilities customer information system. This system is the Utilities' primary tool for processing about
$200 million in revenue annually, and it supports multiple critical integrated systems that Utilities relies
on for daily operations in the delivery of accurate billing. Given the expected lifespan of the system, it
. is crucial that it is protected and supported until such time as a riew billing system is implemented.
8. First Reading of Ordinance No. 050, 2018, Appropriating Unanticipated Grant Revenue in the
Light and Power Fund for the Peak Notification Pilot Project. (Adopted)
The purpose of this item is to appropriate $18,500 in grant revenues from the American Public Power
Association into the Fort ·Collins Utilities Light and Power Operations fund to pilot a peak load
notification project. This pilot project will be internal to the City of Fort Collins. It will educate staff
members from various departments about coincident peak and provide tools to help City staff conserve
power during peak events. ·
9. First Reading of Ordinance No. 051, 2018, Amending Chapter 26 of the Code of the City of Fort
Collins Regarding Reimbursement Agreements for the Construction of Water and Sewer Mains.
(Adopted) ·
The purpose of this item is to amend City Code sections related to reimbursement agreements for the
construction of water and sewer mains. These sections of Code define requirements by which private
parties may seek reimbursement from adjacent property owners for installation of public water and
sewer infrastructure. As written, the Code language applies to greenfield development, which is
growing less common in Fort Collins. The proposed Code changes would make the reimbursement
agreements also applicable to infill, redevelopment, and existing development and thus be more useful
to the City and developers.
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April 3, 2018
10. Resolution 2018-032 Authorizing the City Manager to Enter Into an Intergovernmental
Agreement Concerning the Northern Colorado Regional Communication Network. (Adopted)
The purpose of this item is to authorize the City to enter into an updated intergovernmental agreement
(IGA) concerning the Northern Colorado Regional Communications Network (NCRCN). This IGA
establishes th.ree primary partners (the City of Fort Collins, the City of Loveland, and Larimer County)
as "Partner Agencies", and identifies the responsibilities in sharing in the management, use, and cost
of operating the regional radio communications system. It also outlines the division of existing radio
assets.
11. Resolution 2018-033 Approving an Exception to the Use of a Competitive Process for an
Agreement with Itron Distributed Energy Management, Inc. for Demand Response Services.
(Adopted)
The purpose of this item is to request an exception to the use of a competitive bid or proposal process
to pursue an agreement with Itron (formerly Comverge) to continue to provide operations, software
support and field services in support of the Peak Partners demand response program .
. Exception to Competitive Bid or Proposal Rationale:
8-161 (d)(1 )b. Although there exists more than one responsible source a competitive process cannot
reasonably be used or, if used will result in a substantially higher cost to the City, will otherwise injure
the City's fir:iancial interest, or will substantially impede the City's administrative functions or the
delivery of services to the public.
12. Resolution 2018-034 Adopting Amended Rules of Procedure Governing the Conduct of City
Council Meetings and Council Work Sessions. (Adopted)
The purpose of this item is to update the Rules of Procedure to clarify that the City Manager may
remove items from the Consent Calendar, provide parameters for the use of recording equipment
during Council meetings and to manage the use of the City's display equipment in Council chambers
by requiring citizens who wish to display materials for Council's consideration to provide the materials
to the City Clerk no later than 2 hours before the beginning of the Council meeting.
13. Resolution 2018·035 Appointing Alexandra Reuter to the Parking Advisory Board of the City of
Fort Collins. (Adopted)
•
The purpose of this item is to appoint Alexandra Reuter to fill a vacancy that exists on the Parking
Advisory Board due to the resignation of Nicholas Bohn, whose term of expiration is December 31,
2019. Councilmembers interviewed applicants solicited in the fall of 2017, and in December, identified
Ms. Reuter as an alternate if a vacancy arose during the year.
END CONSENT
• STAFF REPORTS
John Phelan, Energy Services Manager, reported on the energy portfolio evaluation. He discussed
the guiding principles for Energy Services and their work with Platte River Power .Authority to
gain statistically significant data regarding energy savings ..
Mark Sears, Natural Areas Manager, discussed a land conservation success story involving four
private property owners and three partners, Larimer County, the City, and GoCo. He commended
the collaboration efforts.
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April 3, 2018
Councilmember Cunniff.stated this is fantastic news and stated the property is a huge asset for
citizens.
Councilmember Summers thanked the GOCO members for attending the meeting.
• COUNCILMEMBER REPORTS
Mayor Pro Tern Horak reported on Larimer County's transportation infrastructure funding
strategies meeting and the Boxelder Regional Stormwater Authorit)'. meeting.
Mayor Troxell introduced Tegan Janson, a student at Fort Collins High School who has been
shadowing him for the day.
Councilmember Martinez repmted on the Neighbor to Neighbor soup supper.
Councilmember Stephens reported on a tour of Redtail Ponds.
Mayor Troxell reported on the Poudre Pours event for the Poudre Heritage Alliance.
• CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
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14. First Reading of Ordinance No. 047, 2018, Appropriating Prior Year Reserves in the
Transportation Capital Expansion Fee Fund and the Transportation Fund and Authorizing the
Transfer of Appropriations from the Transportation Capital Expansion Fee Fund and the
Transportation Fund into the Capital Project Fund for the East Prospect Road Improvements
Project and Transferring Appropriations from the Capital Project Fund to the Cultural Services
and Facilities Fund for the Art in Public Places Program. (Adopted on First Reading)
The purpose of this item is to appropriate $600,000 into the Capital Project Fund for the East Prospect
Road Improvements Project. In addition, this,item wil(authorize the transfer of $6,000, one percent of
the appropriated funds, from the Capital Project Fund to the Cultural Services and Facilities Fund for
Art in Public Places. This project will reconstruct East Prospect Ro.ad as a four-lane arterial roadway
from Sharp Point Drive to lnterstate-25 (1-25) western frontage road as identified on the City's Master
Street Plan. Improvements include the addition of two travel lanes, bike lanes, Pedestrian facilities,
utility improvements, intersection improvements at Prospect Road and Summitview Drive, and
landscaped medians and parkways. This project will complement the Colorado Department of
Transportation's (COOT) 1-25 and Prospect Road Interchange improvements planned to begin
construction in 2019. Appropriated funds will enable the initiation of the design process for the project.
Construction funds have not yet been identified. · Staff anticipates an overall project budget of
$4,000,000 and an anticipated construction start date of 2020. Staff anticipates the completion of both
projects in 2021.
Councilmember Cunniff stated his concerns are primarily with process and timeline with respect
to the general budgeting processes. He asked when it was determined East Prospect construction
would occur along with the I-25 improvements. Chad Crager, City Engineer, replied East Prospect
has been identified on the Master Street Plan to eventually be a 4-lane road and traffic volumes
are approaching that level. The coordination with COOT started in the fall. -~
Laurie Kadrich, Planning, Development, and Transportation Director, replied the project has been
discussed among staff for the last six months or so.
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April 3, 2018
Councilmember Cunniff asked if it would be possible to have some Finance Committee discussion
about the combined projects prior to Second Reading of the Ordinance. Mike Beckstead, Chief
Financial Officer, replied that can be arranged.
Councilmember Cunniff stated.he is concerned about the number of out-of-cycle budget requests
that do not allow Council to examine the totality of the effects on t~e budget. City Manager
Atteberry agreed with the concern and acknowledged this was a miss.
Councilmember Cunniff asked if the Transportation Board is involved in any of these items in
terms of providing a recommendation. Crager replied the West Prospect project was brought
before the Board in January.
Mayor Pro Tern Horak made a motion, seconded by Councilmember Overbeck, to adopt Ordinance
No. 047, 2018, on First Reading. ·
Mayor Pro Tern Horak asked why the Art in Public Places appropriation is included at this time.
City Attorney Daggett replied the Code describes the process as happening at the time of
appropriation of funds for the project.
Councilmember Stephens stated the process could have been better; however, Prospect Road needs
the improvements.
RESULT:
MOVER:
SECONDER:.
AYES:
NAYS·:
ORDINANCE NO. 047, 2018, ADOPTED ON FIRST READING [6 TO 1]
Gerry Horak, District 6
Bob Overbeck, District 1
Martinez, Stephens, Summers, Overbeck, Troxell, Horak
Cunniff
• DISCUSSION ITEMS
15. Consideration of an Appeal of the Landmark Preservation Commission Decision Regarding the
Eligibility of the Spradley Barr Property, 2601 South College Avenue, to Qualify as a Landmark.
(Landmark Preservation Commission Overturned)
The purpose of this item is to consider an appeal of the Landmark Preservation Commission's (LPG)
de novo decision made on February 21, 2018, finding that the property at 2601 South College Avenue
is eligible for individual landmark designation. This decision was consistent with the initial decision
made by the Community Development and Neighborhood Services Director and the LPG Chair. On
March 7, 2018, an appeal was filed challenging the LPC's decision. Only parties-in-interest as defined
in City Code Section 2-47 may participate in this hearing and the scope of the appeal is limited to those
items· identified as grounds for appeal in the Notice of Appeal.
·City Attorney Daggett reviewed the appeal process,..
Lucia Liley, attorney for Brinkman Development, requested presentations be extended to 20
minutes given there will not be rebuttal. Mayor Troxell agreed .
Laurie Kadrich, Planning, Development, and Transportation Director, stated this is an appeal of
the Landmark Preservation Commission decision that the property at 260 l South College A venue,
the current Spradley Barr ·Mazda deaJership, is eligible for landmark status. Kadrich showed
photos of the property.
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April 3, 20 t 8
Mayor Troxell noted there was a site visit and requested staff respond to questions submitted by
Councilmembers. Maren Bzdek, Historic Preservation Planner, $lated the first question was, what
evidence was used for the Landmark Preservation Commission's conclusions regarding the angle
of the showroom building to the intersection of Drake and College. Photos and sketch evidence
indicated the angled orientation of the main bu.ilding is toward the intersection.
Bzdek stated the second question related to historic context and evidence provided to support the
Commission's' understanding of context. At the site visit, staff described the context noting the /
building is at the intersection of two major streets and, at the time of construction, the building
was ~t the edge of town. Context also includes the description of the property, photos, and site
maps.
The third que.stion related to the role of the building topography in how the site was developed.
Photos of the site (luring construction show excavation in front of the showroom building, which
created an area of lower elevation along College. It appears the building was constructed higher
than the surrounding terrain.
Bzdek stated the architect and contractor associated with the design and construction of the
building is unknown at this time. In terms of which historic materials are still intact, Bzdek replied
original materials include the walls of natural rough stone set into concrete, the canopy, the large
single-pane glass windows set into metal frames, the concrete block 16-bay service station, and 7
of the original overhead rolling garage doors. Historic materials that have been changed consist
of the roofing material, most of the overhead rolling garage doors, two small pre-fabricated
buildings.
Mayor Pro Tern Horak expressed concern this is more detailed information than what is in the
record. City Attorney Daggett replied staff is responding to the Mayor's request that they provide
responses to questions asked.
Councilmember Cunniff stated more questions were asked at the site visit than usual and
questioned best practices. He asked how to ensure these kinds of questions and this process are
properly part of the record should Council's decision be appealed. City Attorney Daggett replied
Councilmembers are authorized to ask questions during the hearing and the Mayor has asked staff
to describe the questions that were asked at the site visit.
Councilmember Cunniff suggested providing answers in writing in the future. Mayor Troxell
stated he understood that the questions would be answered in writing as well; however, having this
information in the record could be helpful for the appellants. He requested staff begin to provide
more succinct answers.
Ms. Liley stated she does not have any objection to more succinct answers; however, she noted a
great deal of new information is being brought forward that was not part of the record.
Bzdek continued stating some of the upper windows have also been replaced. ·
Bzdek stated staff does not have information about the eligibility of the Key Bank building at this
time. She stated the determination of eligibility is based on the sum total of all the resources on
the property and the significant aspects of each building are considered separately.
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April 3, 2018
Regarding the influence of the Ghent family's history, Bzdek stated the LPC did not believe it had
sufficient information about the Ghent family and declined to make a finding related to
significance. Bzdek stated there were several examples of pre-war auto dealerships in the
downtown area; however, none of them are unaltered enough to be· eligible for landmark
designation.
Bzdek stated Council asked staff to provide a summary of the elements the LPC found to contribute
to the significance and integrity versus the federal standards. She stated the City's local Code
ordinance is based on the federal standards.
Bzdek answered questions related to the evidence provided for the original determination of
eligibility and stated staff did not provide a recommendation because this was an appeal.
Bzdek stated the carriage steps are engrav.ed with the name W.A. Drake, in reference to a state
senator who constructed his home at this location.
Ma:yor Troxell asked Councilmembers to comment on observations made at the site visit.
Councilmember Cunniff stated he listened to the presentation and had observations and questions
about the orientation of the building, the materials, _and the site plan and elevation~.
Councilmember Overbeck stated he observed the building orientation and fac;ade.
Councilmember Martinez stated he observed the building fac;ade.
Mayor Troxell stated he asked most of the questions which were driven by the lack of
understanding by _the LPC in their questions. He stated the Commission did not appear 'to have an
understanding of the property. ·
Mayor Troxell asked if there are any procedural issues.
Councilmember Overbeck discussed a 2013 article in the Denver Post in which the Ghent family's
ties to Fort Collins were .outlined. He asked if that may have some bearing on the discussion.
Councilmember Cunniff requested Council and the appellant receive copies of the staff responses
to questions prior to the appellant's presentati_on.
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
City Attorney Daggett noted staff has provided a writ~~n version of the questions and answers
discussed earlier in the hearing.
Ms. Liley stated Brinkman has yet to file a PDP applic&tion for this project; however, its goals
include tiered density, retail, hotel, multi-family, improved intersections, pedestrian, MAX line,
tl:nd bike connectivity, building orientation toward streets, and a grand promenade. Brinkman
believes the existing structures and parking lots need to be demolished for the project to be feasible .
Ms. Liley discussed the Code requirements for determinati.on of eligibility: significance and
exterior integrity and discussed an independent firm's completion of the inventory form required
by the state and the City's Code. The firm, Autobee and Autobee, recommended the property not
be considered individually eligible and, at the LPC hearing, Ms. I Autobee testified there had been
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April 3, 201 B
so many changes to the character-defining elements of the building, there was not enough left to
meet the integrity standard: Ms. Liley discussed the changes made to the bµilding since its
construction.
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Ms. Liley stated the Autobee report concluded this site does not meet any of the criteria for
significance; however, the LPC made a finding of significance based on two of the four criteria:
pattern of events and design a~d construction. Ms. Liley referenced1Ms. Autobee's testimony
·related to this topic.
Ms. Liley discussed the stated policies and purposes related to historic preservation in Chapter 14.
· She requested Council uphold the appeal and noted the carriage steps are planned to be preserved
by Brinkman in a park or gathering area.
Councilmember Cunniff noted this is a determination of eligibility rather than a designation.
Kadrich replied standards would apply to the site if it is determined to be eligible because the
applicant would be requesting a commercial redevelopment; however, eligibility does not
guarantee a designation, nor would it require an owner to p(oceed with a designation.
Councilmember Cunniff asked if the City Code requires that all the elements be met for eligibility.
Assistant City Attorney· Brad Y atabe replied significance and exterior integrity need to be
established, and each of those standards contain different factors. Additionally, the context must
be considered. At least one of the factors of significance must be present and a minimum number
of factors must be met for exterior integrity; however, there is some latitude left to the decision
maker.
Councilmember Cunniff asked if the Code requires the architectural style to be unique or one-of-
a-kind. Y atabe replied he is not aware of that requirement; the standards point to whether a
property is a good example of an architectural style.
Councilmember Martinez asked about the significance of the showroom being angled. Bzdek
replied there is no specific evidence or information as to why the building was constructed at an
angle. She showed photos of the building and discussed its elevation.
Councilmember Martinez asked who did the masonry work on the building. Bzdek replied staff
does not have that information.
Mayor Troxell stated staff provided a recommendation during the original determination of
eligibility. Kadrich replied staff did contribute to making the decision as the Director of
Community Development and Neighborhood. Services participateo in the original determination;
however, when that decision was appealed to the LPC, staff members make no recommendation
to the Commission.
Mayor Troxell stated the LPC struggled with corning to a determination based on eligibility.
Kadrich replied this type of review is done hundreds of times per year and the majority of these
initial reviews are determined to be not eligible .
Mayor Troxell !>lated he cannot understand why eligibility was determined originally given the
LPC struggled to attach meaning to the criteria.
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April 3, 2018
Tom Leeson, Director of Community Development and Neighborhood Services, stated the process
for determination is ·conducted by himself and the LPC Chair, Meg Dunn in this case. The first
step is to determine whether the proposal is a minor or major amendment to the site; given this
was a demolition, it was determined to be major. The second step is to look at significance, which
was determined to exist in terms of association and representation of the auto industry.
Mayor Troxell stated some of the conclusions were not based on fact but rather on assumptions. 1.-
Leeson agreed and stated that is part of the reason the independent architectural survey is
requested. In this case, the report indicated the site was not eligible.
Mayor Troxell stated the report is the only piece of architectural research that has some basis for
suggesting what to be done. Leeson agreed.
Couricilmember Martinez asked how the building's orientation becomes ·evidence as part of the
historical significance of the site. Leeson replied the original decision was not based cin the
orientation; it was referenced as being unique and the assumption was made that it was oriented
toward the intersection for greater site lines.
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Councilmember Martinez asked where the carriage stairs were located originally. Leeson replied
staff is unaware if they have been moved; however, they were from the site. The stairs were not
part of the evaluation.
·Mayor Pro Tern Horak made a motion, seconded by Councilmember Martinez, to overturn the
decision of the Landmark Preservation Commission that 2601 South College Avenue is eligible
for designation as a Fort Collins local landmark under City Code Section 14-5 because it failed to
properly interpret and apply relevant provisions of the Code.
Mayor Pro Tern Horak stated Ms. Autobee' s testimony and report were compelling and it appeared
the Commission was struggling to make its motion and decision. He suggested more precise
language be set for motions in quasi-judicial situations.
Councilmember Cunniff disagreed and noted the Commission found the building expressed. the
aesthetic or historic sense of a particular period of time. He also noted the Code does not reference
the lexicon and· stated the building does have significant, although not complete, historic materials
·and ~t is clear the building orientation was a deliberate design choice. He stated the consultant
admitted errors in her interpretation related to the awning and taking the consultant's opinion as
the only one that matters is incorrect.
Councilmember Stephens stated she agreed with the motion and discussed the changes in the
exterior'integrity of the building over the years. She stated people do not see this building as a
local landmark.
° Councilmember Martinez stated he does not view this building as being historic in any sense.
Mayor Troxell stated he views historic preservation as an important part of the City; however, this
structure is one year beyond the 50-year trigger for an eligibility discussion and 50 years is not
necessarily iconic of what drives decision-making criteria. He stated he would like the City to be
more proactive in terms of preservation of those buildings in the community that reach a standard
of preservation. He also stated there was a lack of understanding and appreciation of the Ghent
family and stated old does not necessarily mean historic.
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April 3, 2018
Councilmember Martinez asked if the moss rock on the building was considered part of the historic
value. Leeson replied in the affirmative.
RESULT: LANDMARK PRESERVATION COMMISSION DECISION OVERTURNNED-
ADOPTED [6 TO 1]
MOVER:
SECONDER:
AYES:
NAYS:
Gerry Horak, District 6
Ray Martinez, District 2
Martinez, Stephens, Summers, Overbeck, Troxell, Horak
Cunniff
• OTHER BUSINESS
Councilmember Cunniff requested staff start to look at the City's standards for site visits and
questions and how they fit into the body of evidence for appeal hearings.
Mayor Pro Tern Horak requested a memo as to the current policy related to Art in Public Places
appropriations.
• ADJOURNMENT
The meeting adjourned at 9:00 PM.
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ATTEST:
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City Jr~ Cjj _,[
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