City Council Regular Meeting Tuesday, October 04, 2022 06:00 PM City Council Chambers 300 Laporte Avenue, Fort Collins & via Zoom at https://zoom.us/j/98241416497

PROCLAMATIONS & PRESENTATIONS
5:00 PM

A)PROCLAMATIONS AND PRESENTATIONS

No proclamations scheduled.

REGULAR MEETING
6:00 PM

B)CALL MEETING TO ORDER

C)PLEDGE OF ALLEGIANCE

D)ROLL CALL

E)CITY MANAGER'S AGENDA REVIEW

+City Manager Review of Agenda

+Consent Calendar Review, including removal of items from Consent Calendar for
individual discussion.

F)COMMUNITY REPORTS

G)PUBLIC COMMENT ON ANY TOPICS OR ITEMS OR COMMUNITY EVENTS
(Including requests for removal of items from Consent Calendar for individual discussion.)

Individuals may comment regarding any topics of concern, whether or not included on this agenda. Comments regarding land use projects for which a development application has been filed should be submitted in the development review process** and not to Council.

• Those who wish to speak are required to sign up at the table in the lobby, or online if participating remotely.

• Each speaker will be allowed to speak one time during public comment. If a speaker comments on a particular agenda item during general public comment, that speaker will not also be entitled to speak during discussion on the same agenda item.

• All speakers are asked by the presiding officer to identify themselves by raising their hand (in person or using the Raise Hand option on Zoom), and if in person then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those who are not able to stand while waiting). Those participating online will be called to speak following those attending the meeting in person.

• The presiding officer will determine and announce the length of time allowed for each speaker.

• Each speaker will be asked to state his or her name and general address for the record, and, if their comments relate to a particular agenda item, to identify the agenda item number. Any written comments or materials intended for the Council should be provided to the City Clerk.

• A timer will beep one time and turn yellow to indicate that 30 seconds of speaking time remain and will beep again and turn red when a speaker’s time has ended.

[**For questions about the development review process or the status of any particular development, consult the Development Review Center page on the city’s website at , or contact the Development Review Center at 970.221.6760.]

H)PUBLIC COMMENT FOLLOW-UP

I)COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION

J)ADOPTION OF CONSENT CALENDAR

CONSENT CALENDAR

The Consent Calendar is intended to allow council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Agenda items pulled from the Consent Calendar by either Council or the City Manager will be considered separately under the their own Section, titled “Consideration of Items Removed from Consent Calendar for Individual Discussion.” Items remaining on the Consent Calendar will be approved by Council with one vote. The Consent Calendar consists of:

• Ordinances on First Reading that are routine;
• Ordinances on Second Reading that are routine;
• Those of no perceived controversy;
• Routine administrative actions.

END OF CONSENT CALENDAR

K)CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar.)

L)STAFF REPORTS - None

M)COUNCILMEMBER REPORTS

N)CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL DISCUSSION

O)CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION

The method of debate for discussion items is as follows:

• Mayor introduced the item number and subject; asks if formal presentation will be made by staff
• Staff presentation (optional)
• Mayor requests public comment on the item (three minute limit for each person)
• Council questions of staff on the item
• Council motion on the item
• Council discussion
• Final Council comments
• Council vote on the item

Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure all have an opportunity to speak. If attending in person, please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker’s time.

  1. 12.Resolution 2022-102 Adopting Findings of Fact Supporting the Historic Preservation Commission’s Determination That 1802 North College Avenue was Eligible for Landmark Designation and Denying the Landowner’s Appeal.

    The purpose of this item is to make findings of fact regarding the appeal of the Historic Preservation Commission’s Decision Finding the Property at 1802 North College Avenue a Historic Resource for the Purposes of Development Review under Land Use Code 3.4.7 and therefore eligible for Landmark Designation. The appeal was heard by Council on September 20, 2022.

  2. 13.Items Relating to the Designation of  Indigenous Peoples’ Day.

    A. Native American Community Update.

    B. Resolution 2022-103 Recognizing the Second Monday in October as “Indigenous Peoples’ Day” in the City of Fort Collins, Colorado, Acknowledging and Supporting the Native and Indigenous Peoples Living in Fort Collins, and Affirming the City’s Commitment to Recognize and Include the Voices and Interests of Native and Indigenous Peoples in the City’s Commitment to Work Towards Equity.

    Members of the Fort Collins Native American and Indigenous community collectively have created a resolution recognizing the second Monday in October as Indigenous Peoples’ Day. Staff from the Equity and Inclusion Office also will share an update on the work that has been taking place with the Native American community this year.

  3. 15.1306 West Mountain Avenue Landmark Design Review Appeal.

    The purpose of this quasi-judicial item is to consider an appeal of the Historic Preservation Commission’s (HPC) Decision on July 20, 2022, regarding proposed alterations to the City landmark at 1306 West Mountain Avenue, also known as the Jackson-Bailey House & Garage.

    This appeal is regarding the final design review decision of the applicants’ project by the HPC.  The HPC is tasked by Municipal Code Chapter 14, Article IV, with assessing whether a proposed exterior project on a City Landmark meets the Secretary of the Interior’s Standards for Rehabilitation, and to issue, with or without conditions, or to deny, a Certificate of Appropriateness.  In the application that was the subject of the July 20, 2022, decision being appealed, the applicant proposed an addition onto the rear elevation of the main historic building along with related rehabilitation including the modification of windows along the north end of the west elevation.  The HPC approved the addition but denied the modification of windows and the Appellant is appealing the denial of the windows both on fair hearing and interpretation and application grounds.

    A previous application to make alterations to the same property was approved by the HPC on February 16, 2022, with the written decision issued on and dated February 17, 2022, and included demolition of a non-historic accessory structure, construction of a new garage building, and modification of basement windows for egress compliance under the International Existing Building Code.  The previous application included an addition to the house that was denied but a modified addition was approved as part of the July 20, 2022, HPC decision. 

     A Notice of Appeal was filed on August 2, 2022, under the following grounds:

    1. The HPC failed to properly interpret and apply relevant provisions of the City Code, the Land Use Code, and Charter, specifically City Code Sec. 14-53, the Secretary of the Interior’s Standards for Rehabilitation (Standards 2 and 5), and the Secretary of the Interior’s “Interpreting Standards” Bulletin #14 regarding Modifications to Windows on Secondary Elevations.

    2. The HPC was biased against the appellant by reason of conflict of interest or other close business, personal or social relationship that interfered with the HPC’s independence of judgement.

    The HPC’s sole consideration was whether the project proposed at 1306 West Mountain Avenue met the City’s adopted standards for reviewing projects on historic buildings, the Secretary of the Interior’s Standards and Guidelines for the Treatment of Historic Properties, specifically those for adaptive reuse, or Rehabilitation.

P)OTHER BUSINESS

  1. OB 1.Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers.

    (Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate and move forward with development and preparation of resolutions and ordinances not originating from the Council's Policy Agenda or initiated by staff.)

Q)ADJOURNMENT

Every regular Council meeting will end no later than midnight, except that: (1) any item of business commenced before midnight may be concluded before the meeting is adjourned and (2) the Council may, at any time prior to adjournment, by majority vote, extend a meeting beyond midnight for the purpose of considering additional items of business. Any matter that has been commenced and is still pending at the conclusion of the Council meeting, and all matters for consideration at the meeting that have not yet been considered by the Council, will be deemed continued to the next regular Council meeting, unless Council determines otherwise.

Upon request, the City of Fort Collins will provide language access services for individuals who have limited English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services, programs and activities. Contact 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Please provide 48 hours advance notice when possible.

A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al 970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione 48 horas de aviso previo cuando sea posible.