Exhibit BCity Council STAFF
Carrie Daggett, City Attorney John Duval, Legal SUBJECT
First Reading of Ordinance No. 107, 2019, Approving a Settlement Agreement in the Fort Collins Mennonite Fellowship v. City of Fort Collins Lawsuit and, as Contemplated Under the Agreement, Amending the Conditions Previously Imposed in City Council Resolution 2018-104 that Approved the Fort Collins Mennonite Fellowship's External Storage Lockers Minor Amendment. EXECUTIVE SUMMARY
This Ordinance is being presented to City Council for it to consider approval of a proposed settlement of the lawsuit the Fort Collins Mennonite Fellowship (Fellowship) and its pastor Steve Ramer filed last year in federal district court against the City and City Council. The Fellowship and Pastor Ramer sued the City and Council challenging the four conditions the Council imposed in October 2018 on the Fellowship’s installation and operation of outdoor lockers at its 300 East Oak Street church building it wished to make available to individuals experiencing homelessness (Locker Program). These four conditions were imposed as part of the Council upholding on appeal the Planning and Zoning Board’s previous approval of the Fellowship’s application for a minor amendment under the City’s Land Use Code to allow the Locker Program. Under the proposed settlement, the existing four conditions will be replaced with ten new conditions, the City will pay $60,000 to reimburse the Fellowship and Pastor Ramer for the attorney fees and costs they have incurred in the lawsuit and the lawsuit will be dismissed with prejudice. Since there is no prescribed hearing procedure in the City Code or Land Use Code for City Council’s consideration of this Ordinance, it is recommended that the public hearing be conducted as follows: 1. Announcement of item 2. Consideration of any procedural issues 3. Staff presentation 4. Presentation by the Fellowship (suggested time: 20 min.) 5. Presentations by parties-in-interest (suggested time: 20 min.) 6. Public testimony concerning the Ordinance 7. Councilmember questions of City staff, Fellowship, and parties-in-interest 8. Motion, discussion and vote by City Council. STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
Agenda Item 20
BACKGROUND / DISCUSSION
Fellowship Locker Program The Fort Collins Mennonite Fellowship (Fellowship) is a religious institution and the owner of its church building in Fort Collins at 300 East Oak Street (Property). Steve Ramer is the Fellowship’s lead pastor and an officer of the Fellowship. In early 2018, the Fellowship developed plans as part of its ministry to install lockers on the outer back wall of its building on the Property to be made available to individuals experiencing homelessness (Locker Program). In April 2018, the Fellowship filed an application with the City under the minor amendment process in the City’s Land Use Code (LUC) seeking approval of the Locker Program as an accessory use on the Property (Application). Planning and Zoning Board Action On July 19, 2018, the City’s Planning and Zoning Board (P & Z Board) conducted a noticed public hearing on the Application and approved “External Storage Lockers Minor Amendment MA180033” (Minor Amendment) with the one condition that the Fellowship install a security camera to monitor activities around the lockers and retain the camera recordings for seven days (Security-Camera Condition). Appeal to City Council Certain parties-in-interest challenged the P & Z Board’s approval of the Minor Amendment by timely filing a notice of appeal to appeal that decision to the Fort Collins City Council (Appellants). The Appellants contended in their notice of appeal that the P & Z Board failed to properly interpret and apply certain sections of the LUC in approving the Minor Amendment (Notice of Appeal). On October 9, 2018, the Council conducted a noticed public hearing on the Appellants’ appeal. At the hearing, the Council considered the Notice of Appeal, reviewed the record on appeal from the P & Z Board, received new evidence and heard the presentations and arguments of the Appellants and the Fellowship. After doing so, the Council adopted a motion finding that the P & Z Board properly interpreted and applied the LUC in approving the Minor Amendment, concluding that the Appellant’s appeal was without merit and denying the appeal, but it also imposed three new conditions on the Minor Amendment in addition to the existing Security- Camera Condition. The Council added these three new conditions to the Minor Amendment: (i) locker access shall be limited to between the hours of 6 am to 8 pm daily, (ii) a Fellowship representative must be present at all times during which the locker access is allowed, and (iii) the Fellowship shall restrict access to the lockers outside the time when locker access is allowed (collectively, Council Conditions). The Security-Camera Condition and the Council Conditions shall be jointly referred to as the “Existing Conditions.” On October 16, 2018, the Council adopted Resolution 2018-104 to formalize in writing its decision on October 9, 2018, denying the Appellants’ appeal, but imposing the Existing Conditions on the Minor Amendment (Resolution 2018-104). Fellowship Lawsuit On November 6, 2018, the Fellowship and Pastor Ramer (jointly, Plaintiffs) filed a lawsuit against the City and the Council in the United States District Court for the District of Colorado, which is captioned Fort Collins Mennonite Fellowship, et al. v. The City of Fort Collins, et al., Case No. 1:18-cv-02867, challenging the imposition of the Existing Conditions on the Minor Amendment (Litigation). The Plaintiffs assert in the Litigation several different claims including claims under the federal Religious Land Use and Institutionalized Persons Act in 42 U.S.C. §2000cc. Several of these claims allow the Plaintiffs to recover their attorney fees and costs if they are the prevailing party.
Agenda Item 20
Item # 20 Page 3
Settlement Negotiations At its November 27, 2018, meeting, the Council directed the City Attorney to pursue settlement discussions with the Plaintiffs and their lawyers. The Plaintiffs’ and the City’s lawyers thereafter engaged in several months of settlement negotiations with the understanding that any settlement reached would need to be approved by the Council at a noticed public hearing to be effective. As a result of these negotiations, the parties reached a tentative settlement on most issues, but not all. To resolve the remaining issues still in dispute, the parties conducted a settlement conference on May 6, 2019, mediated by the United States Judge Magistrate assigned to the Litigation. Proposed Settlement As a result of that settlement conference, the Plaintiffs and the City reached a tentative settlement agreement on all issues, a copy of which is attached as Exhibit “A” to the Ordinance (the “Settlement Agreement”). Sections 1, 2 and 3 of the Settlement Agreement provide that the Agreement shall not be effective unless the Council adopts on First Reading on August 20, 2019, and on Second Reading on September 3, 2019, an ordinance approving the Settlement Agreement and amending Resolution 2018-104 by replacing the Existing Conditions in their entirety with the following “Amended Conditions”:
1. The operating hours of the Locker Program will be from 6 a.m. to 9 p.m. A Fellowship representative need not be present at the lockers during these operating hours.
2. The Fellowship shall restrict locker access during non-operating hours by a using a securely locked metal bar reasonably capable of blocking access and use of the lockers without unlocking the bar. However, a locker-user may access and use the lockers during non-operating hours with the assistance and direct supervision of a Fellowship representative. Once such access and use are completed, the Fellowship representative shall ensure that the metal bar is in place and securely locked for the remaining non-operating hours.
3. As an alternative to using a locked metal bar to block access to and use of the lockers during non- operating hours, the Fellowship may use other means to block such access provided: (a) the City’s Director of Community Development and Neighborhood Services Department (“Director”) has determined that the proposed alternative means is at least as effective as the locked metal bar in denying access to and use of the lockers; and (b) the Director has issued his or her written approval of the Fellowship’s use of the alternative means.
4. The Fellowship must provide the City’s Zoning Department with the contact information at which two authorized Fellowship representatives are available twenty-four hours a day, seven days a week, including their names, cell-phone numbers with texting capabilities, email addresses, work and home phone numbers, and work and home addresses. These Fellowship representatives must be persons to whom the Fellowship has granted the authority to make decisions concerning the use of the lockers and they cannot be locker-users.
5. The Fellowship must post a sign at the entrance of the Fellowship’s building and on the lockers stating the contact cell-phone numbers of the Fellowship representatives.
6. If any of the contact information changes for the Fellowship’s representatives, the Fellowship shall promptly notify the City’s Zoning Department of the change(s) and update the sign if the change is to a posted cell-phone number.
7. The Fellowship shall install and maintain a security camera at a location that provides a high-quality and clear view of the lockers, their numbers and of users as they access the lockers. The camera shall be operated twenty-four hours a day, seven days a week with its video capable of being monitored in real time, retained at least seven days and accessible remotely by cell phone and over the Internet.
Agenda Item 20
Item # 20 Page 4
8. The Fellowship shall post and maintain a clearly visible sign at the lockers stating the hours of locker operation and the following: “UNAUTHORIZED ACCESS TO LOCKERS IS NOT PERMITTED. VIOLATORS MAY BE PROSECUTED.”
9. Locker-users must sign a locker-use agreement that identifies the express hours of operation and the use restrictions as outlined in these conditions, and shall contain the phrase, “UNAUTHORIZED ACCESS TO LOCKERS IS NOT PERMITTED. VIOLATORS MAY BE PROSECUTED.” The agreement shall also provide that failure to comply with the locker-use agreement, following a warning, may result in removal from the Locker Program.
10. If Fort Collins Police Services (“FCPS”) or a member of the public has reason to believe that a locker- user is impermissibly accessing his or her locker as outlined in these conditions, the FCPS may contact a Fellowship representative to inform him or her of that complaint. The Fellowship representative shall endeavor to respond to the FCPS contact within thirty (30) minutes. If the Fellowship representative does not respond within thirty (30) minutes, FCPS officers, in their discretion, may proceed with enforcing any relevant State laws or City ordinances.
The Ordinance, if adopted, will replace the Existing Conditions with these Amended Conditions. Except as so amended, Resolution 2018-104 will remain unchanged and in effect. The Settlement Agreement also provides that when this Ordinance becomes final, non-appealable and non- referable, the Litigation will be dismissed with prejudice and the City will pay $60,000 to the Plaintiffs’ lawyers in reimbursement for the attorney fees and costs the Plaintiffs have incurred in this Litigation. This amount of attorney fees and costs is a compromise amount negotiated between the Plaintiffs and the City. CITY FINANCIAL IMPACTS
If the Ordinance is adopted and becomes law, $60,000 will be paid from the City’s Loss Fund to the Plaintiffs’ lawyers in payment of the Plaintiffs’ attorney fees and costs in the Litigation. PUBLIC OUTREACH
On August 5, 2019, the City Clerk mailed the “Public Hearing Notice” attached as Exhibit “B” to the Ordinance to provide notice of the Council’s August 20, 2019, public hearing for the first reading of this Ordinance (Hearing Notice). The City Clerk mailed the Hearing Notice to all current property owners within 800 feet of the Property and to anyone else who provided a comment to the P & Z Board at its July 19, 2018, hearing on the Application, which includes those persons who submitted emails, letters or spoke at that hearing. ATTACHMENTS
1. Citizen comments (received since October 9, 2018) (PDF) 2. Powerpoint presentation (PDF)
From: Pete Peterson To: City Leaders Subject: Settlement with Mennonite Fellowship Date: Tuesday, August 13, 2019 12:22:02 PM
To all members of the Fort Collins City Council: I have opposed the lockers at the Mennonite Church primarily because I feel it is a serious mistake to attract transient people to the Library Park area. This is an area intended for the benefit of all citizens, especially the elderly and families with small children. I totally understand the need to provide services to our homeless and transient population, but the Library Park area is totally the wrong location. To make matters worse, I have read that the City of Fort Collins is considering the payment of legal fees to the ACLU for representing the Mennonite Church. This is absolutely shocking! I strongly urge the City Council not to pay these fees. Use that money to research alternative solutions to provide services to the homeless and transient population. Thank you. Floyd E. (Pete) Peterson
From: Pamela Refvem To: Carrie Daggett Cc: CCSL; Kristin Stephens Subject: Re: Mennonite Lockers Settlement Agreement Date: Saturday, August 10, 2019 8:34:35 AM Attachments: image001.png
Thanks for your timely response, Carrie. I appreciate all your (and John's) ) efforts to be responsive to neighborhood questions and concerns.
Since the Council will be discussing "related issues", neighbors will also be discussing related issues on August 20th. Unfortunately, when the Council most likely approves the new ordinance, neighbors will be left with an option of contacting the landlord to report ordinance violations. A landlord who has a documented history of repeated ordinance violations. I see no written agreement about a process for terminating the "locker program" if it proves to harm the users of the lockers or neighboring residents. Will the City need to have more than 18 calls to Police Services per month that result in arrests, bodily waste, disturbances, drug use, illegal camping, etc before taking action? And what would that "action" look like? At the risk of sounding dramatic, if a woman storing her belongings after the sun goes down is attacked or threatened on the Mennonite property, would that "shut it down" (Pastor Ramer's term)?
I am hoping City Council will address these issues, as they relate to the health, safety and welfare of residents. Thanks so much for including emails in the agenda materials. Best, Pam
On Fri, Aug 9, 2019 at 3:40 PM Carrie Daggett <CDAGGETT@fcgov.com> wrote:
Pam,
In follow up to the email forwarded to me yesterday, I wanted to be sure you know that the Council will be conducting a hearing on August 20th to receive input on this issue, and you will have an opportunity at that time to express your concerns and to hear the Council’s discussion of the proposed settlement and related issues.
In addition, we are working to capture emails received about the upcoming hearing so
~Carrie
Hi Pamela,
Thanks for your input on this issue. I agree that we should not disparage the neighbors, and that your safety is important. I am copying the City Attorney to see if she has any additional response.
Best wishes,
Pronouns: She, her, hers
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.
On Aug 8, 2019, at 9:16 AM, Pamela Refvem <pamelaanne46@gmail.com> wrote:
---------- Forwarded message --------- From: Pamela Refvem <pamelaanne46@gmail.com> Date: Thu, Aug 8, 2019 at 9:15 AM Subject: settlement agreement To: Julie Pignataro <jpignataro@fcgov.com
From: Corky Bradley To: Susan Gutowsky; Wade Troxell; City Leaders Subject: Appeal Hearing 8/20/19: Lockers at Mennonite Fellowship Date: Friday, August 9, 2019 9:01:31 AM Attachments: image001.png
Good Morning! We received a “Public Hearing Notice” in regards to the variance request from the Mennonite
Fellowship behind our office, and the hearing on August 20th. While we have concerns about security around our office and vehicles (we have had cars ‘keyed’ at our parking spots in the adjacent alley), we are generally in agreement with the proposal. However, we feel it would be prudent for the Council to only grant this variance on a ‘trial’ basis, perhaps granting it for 12 months, and then subject to review and approval next year. This would give all parties and neighbors an opportunity to ‘check in’ and discuss how the program has been working and whether or not it should continue. Thank you for your time and consideration! Please let me know if you have any questions. Thanks! Corky Corky Bradley, AIA, LEED AP | Principal RB+B Architects
Office: (970) 484-0117 Direct: (970) 488-3853 Cell: (970) 218-4258 315 E. Mountain Ave Fort Collins, CO 80524 cbradley@rbbarchitects.com | rbbarchitects.com
The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful.
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From: Pamela Refvem To: City Leaders Subject: [WARNING: Possible Scam Fraud] August 20th City Council meeting Date: Tuesday, July 30, 2019 10:35:51 AM
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When the City Council votes on the proposed settlement of the law suit filed by the Fort Collins Mennonite Fellowship/Steve Ramer against the City, City Council and twenty neighbors, please vote "NO" on the proposed term requiring payment of $60,000 to the Fellowship's attorneys.
If the Council wished to delete that settlement term and the Fellowship agreed with that change, couldn't the lockers then be assigned with the proposed conditions?
How many times will you approve the payment of tax-payer dollars to ACLU attorneys? If we took all the money tied up in this nine month period of "negotiations" and the time and effort expended leading up to this settlement, several of our neighbors experiencing homelessness would have keys to a place to live and wrap around services.
Please vote no on that one term and prepare for further litigation if the Fellowship wants to disagree with your decision. If they want to assign lockers now, rather than much later, I would hope they would agree. I thought City Council has the "final approval", or is this August 20th vote just a "formality"?
Pastor Ramer testified at the October 9th appeal hearing that "It's a safe place for those participating in the program to be able to access their lockers". What "program"? Allowing someone to store their belongings outside in a locker intended for indoor use with a donated lock that can be removed in a matter of minutes by one wanting to steal is a "program"?
The ACLU posts on their website tell you security cameras "produce no positive effect on attempts to mitigate crime." The surveillance study they quoted concluded: "they failed to deter crime". So how will that camera above the lockers serve to protect the users of the lockers? These negotiated terms no longer require a Fellowship representative to be present when the lockers are in use. They won't be "ministering".
City Council agreed that the recommended conditions of approval were needed to meet the standards, as well as hopefully keep those using the lockers and surrounding neighbors safe. At the October 9th appeal hearing, Pastor Ramer said: "Because of the lockers, we have reduced crime in the neighborhood". Kevin Cronin (Police Services) testified: "There has been an increase in crime". At the July 19th P & Z Board hearing, Lynn Thompson from the
Homeless Coalition stated that the lockers would have "no significant impact".
During the month the lockers were assigned pending the appeal, Police Services calls to the Mennonite Fellowship rose to 18 (almost three times their monthly average). As testified, they were not just "calls", but bodily waste, drug use, disturbances, camping warnings and tickets and arrests. Next door neighbors couldn't sleep through the night due to the yelling, fighting, cussing and disturbances caused by those camping on the Fellowship property. As testified, some of those camping told Police Services Officers they had permission from the Church to camp there and were told they would not be ticketed.
The installation of outdoor lockers, security cameras, and bars around those lockers when not in use; as well as the aforementioned health/safety issues create chilling effects that bring profound changes to the character of the neighborhood.
Please do whatever you can now and in the future to make certain Fort Collins neighborhoods don't experience a change in the existing character of their beloved neighborhoods.
Thank you for your service, Pamela
From: Rosemary Van Gorder To: Linda Larsen Cc: City Leaders; bocc@co.larimer.co.us Subject: Homeless Approach Concerns Date: Sunday, December 2, 2018 10:48:56 AM
Please convey to Mr. Atteberry my disappointment with homeless sweeps in general and the term “UNDESIRABLES” used by officers while issuing a camping ticket to a man sleeping in his truck at the I-25/Prospect REST AREA. The officer(s) was carrying out orders to remove the undesirables. Good for the ticketed person (an employed resident, by the way), asking if RV campers and truckers would also be ticketed. A related incident - officers issued a camping ticket to a homeless person sleeping in a field on East Harmony at 3:00am. One guy out in a vacant field. Officers went to some trouble to spot and contact him, and make sure he moved on, with his $300 ticket in hand. This person works day labor jobs. This requires showing up at 5:30 am. Imagine working a full day while tired, cold and hungry. He must work a week to pay for this ticket. The Sheriff complains of the bed space taken by homeless - County Commissioners need to own these problems too. A third incident involved a homeless couple who stashed their belongings behind a North College dumpster while she was transported to PVH. She had fallen from her wheelchair. Upon return all was gone. Sleeping bag, blankets, tent, etc. Whether their stuff was stolen or part of a day labor job to sweep homeless camps and toss everything, the problem of storage remains. This man also works day labor jobs but spent his cash replacing critical survival items. Last comment - I am so disappointed with City Council’s excessive restrictions on storage lockers by a local church. This is a tragic message about who and what we value – our true measure. Thank you.
Rosemary Van Gorder 3508 Shore Road Fort Collins CO 80524
Hi Ms. Lew -
Thank you for your email to Council regarding the external storage lockers at Mennonite Church. As you know, the Planning and Zoning Board decision approving the minor amendment associated with the lockers has been appealed to City Council. Council will be considering the appeal at tonight’s meeting. Pursuant to City Code Section 2-55, Council may only consider an appeal based upon the Planning and Zoning Board record, the relevant Code provisions, the grounds for appeal cited in the Notice of Appeal, and arguments made by parties-in-interest at the appeal. Your email does not qualify under any of the aforementioned categories of information that Council may consider on appeal. Therefore, I am unfortunately unable to forward your email to Council to consider for the appeal.
If you qualify as a party-in-interest as defined under City Code Section 2-46, you may have the opportunity to address Council at the appeal, although any comments must be limited to the grounds for appeal stated in the Notice of Appeal. Please refer to City Code Chapter 2, Art. II, Division 3 regarding the City Council appeal procedure.
A copy of the Notice of Appeal is attached for your information. My office has also prepared Appeals Guidelines that may be helpful to you, and they are available at the following web address: https://www.fcgov.com/cityclerk/pdf/appeal-guidelines-2018.pdf?1527276930
Thank you for your interest and participation in this matter.
Delynn Coldiron City Clerk City of Fort Collins 970-416-2995 decoldiron@fcgov.com
-----Original Message----- From: Rose Lew <rosemlew@gmail.com> Sent: Tuesday, October 9, 2018 3:22 PM To: City Leaders <CityLeaders@fcgov.com> Subject: Support lockers for the Homeless at the Mennonite Fellowship
Dear Mayor and City Council:
I urge you to support keeping the lockers for the homeless at the Mennonite Fellowship.
This tiny act of compassion and assistance for some of the least fortunate among our largely prosperous community is such a simple, sensible thing, that can make such a difference.
It is hard to imagine any rational objection that stands the test of fact.
Does it make the community less safe that Churches help provide shelter or meals or showers for the homeless? NO. Providing lockers will not make the community less safe either. But it will provide a basic service of such value for people without homes, that we who are fortunate enough to never have to worry about where to leave all our worldly belongings each day cannot begin to truly understand. If people are irrationally afraid, perhaps the City needs to provide community policing and data that are reassuring. Perhaps those who are afraid need to be able to meet and talk with those who use the lockers, to understand that they
have nothing to fear. The Homeless Coalition could provide that opportunity.
Please support the good work of compassionate and civic-minded fellow citizens who have provided these lockers already, and this small but truly significant assistance for the homeless among us.
Thank you.
Rose Lew 970-224-0618
From: Delynn Coldiron To: Nancy York Cc: Delynn Coldiron; Brad Yatabe; Carrie Daggett Subject: RE: Lockers Appeal Date: Tuesday, October 9, 2018 2:29:00 PM Attachments: Lockers at Mennonite Church NOTICE OF APPEAL.pdf
Hi Ms. York -
Thank you for your email to Council regarding the external storage lockers at Mennonite Church. As you know, the Planning and Zoning Board decision approving the minor amendment associated with the lockers has been appealed to City Council. Council will be considering the appeal at tonight’s meeting. Pursuant to City Code Section 2-55, Council may only consider an appeal based upon the Planning and Zoning Board record, the relevant Code provisions, the grounds for appeal cited in the Notice of Appeal, and arguments made by parties-in-interest at the appeal. Your email does not qualify under any of the aforementioned categories of information that Council may consider on appeal. Therefore, I am unfortunately unable to forward your email to Council to consider for the appeal.
If you qualify as a party-in-interest as defined under City Code Section 2-46, you may have the opportunity to address Council at the appeal, although any comments must be limited to the grounds for appeal stated in the Notice of Appeal. Please refer to City Code Chapter 2, Art. II, Division 3 regarding the City Council appeal procedure.
A copy of the Notice of Appeal is attached for your information. My office has also prepared Appeals Guidelines that may be helpful to you, and they are available at the following web address: https://www.fcgov.com/cityclerk/pdf/appeal-guidelines-2018.pdf?1527276930.
Thank you for your interest and participation in this matter.
Thanks!
-----Original Message----- From: Nancy York <nyork@verinet.com> Sent: Tuesday, October 9, 2018 2:22 PM To: City Leaders <CityLeaders@fcgov.com> Subject: Lockers Appeal
Council members,
Unfortunately I have another commitment and will be unable to speak in person tonight.
The essence of my comments would be:
* Twenty-four hour access to safe personal storage provides an ounce of comfort to individuals to have a safe storage space when they have little less. This space supports and opens opportunities for jobs, schooling, and conducting essential business like doctors appointments and appointments of all kinds. Real life necessities.
* Such storage allows these individuals a safe place to keep important records and personal items.
* The Mennonite church has a process to ensure an effective coordination and monitoring of these lockers and those who use them.
* The area has further protections. There are likely addition surveillance cameras covering the area such as Guaranty Bank and the businesses around the intersection of Mountain and Mathews.
Please do not buy into the bias of discrimination. People without homes come from all walks of life and are trying to improve their circumstances. Give them a break!
Best regards, Nancy
From: Delynn Coldiron To: Bill Evans Subject: RE: External Storage Lockers at Mennonite Church Date: Tuesday, October 9, 2018 4:19:00 PM
Hi Mr. Evans - Thank you for your email to Council regarding the external storage lockers at the Mennonite Church and your concerns about my response. I appreciate the information you provided, but again have to mention that pursuant to City Code Section 2-55, Council may only consider an appeal based upon the Planning and Zoning Board record, the relevant Code provisions, the grounds for appeal cited in the Notice of Appeal, and arguments made by parties-in-interest in the appeal. Council cannot consider this additional information as part of their deliberation in the process at tonight’s hearing. You are more than welcome to attend tonight’s hearing to hear the information presented and Council’s deliberation on the matter. You will not be able to participate in the appeal unless you qualify as a party-in-interest as defined in City Code Section 2-46. I have included the Code language again just for reference: Party-in-interest shall mean a person who or organization which has standing to appeal the final decision of a board, commission or other decision maker. Such standing to appeal shall be limited to the following:
(1) The applicant;
(2) Any party holding a proprietary or possessory interest in the real or personal property which was the subject of the decision of the board, commission or other decision maker whose action is to be appealed;
(3) Any person to whom or organization to which the City mailed notice of the hearing of the board, commission or other decision maker;
(4) Any person who or organization which provided written comments to the appropriate City staff for delivery to the board, commission or other decision maker prior to or at the hearing on the matter which is to be appealed;
(5) Any person who or organization which appeared before the board, commission or other decision maker at the hearing on the action which is to be appealed;
(6) The City Council as represented by the request of a single member of the City Council.
If you qualify as a party-in-interest and participate in the hearing, the issues Council may consider are limited to those raised in the Notice of Appeal. Although Council is interested in hearing from constituents on matters, because of the appeal, they cannot consider information or discuss the matter outside of the hearing process. Thank you again for your interest and participation in this matter. Delynn.
From: "Bill Evans" <bill@madisonrealtyinvestors.com> To: "Wade Troxell" <WTroxell@fcgov.com>, "Bob Overbeck" <boverbeck@fcgov.com>, "Ray Martinez" <raymartinez@fcgov.com>, "Ken Summers" <ksummers@fcgov.com>, "Kristin Stephens" <kstephens@fcgov.com>, "Ross Cunniff" <rcunniff@fcgov.com>, "Gerry Horak" <ghorak@fcgov.com> Cc: "Juan Torres" <juan.parkview@gmail.com> Subject: FW: External Storage Lockers at Mennonite Church
Your Honor and fellow councilpeople; I submitted my concerns to the City Clerk, but apparently she objected due to protocol and procedural issues. While the appeal objection has substantive merits on their own part, I want you to also be considerate of the collateral damage it brings to the neighborhood. I have owned the Park View Apartments at 221 Mathews Street for over 30 years. This is approximately a half a block from the Mennonite Church for the proposed exterior storage lockers, and also the Community Church of Christ which is proposed to expand its role as a Seasonal Overflow Shelter. Over the more recent years, the neighborhood has experienced significant increase in poor behavioral conduct, and illegal action, from the constituents intended to be served by these two causes. While I am sympathetic to their plight, I also need to represent and stand up for the life safety and well being of my customers, and residents of this neighborhood and community. The lack of supervision at both of these locations, and limitations of municipal policing have resulted in materially increased negative consequences to my property, and the neighborhood, and the right to quiet enjoyment of its residents and citizenry. Vandalism, trespassing, breaking and entering, urinating and defecating on property and inside of buildings have increased to a concerning level, and the unlawfulness should not be tolerated. This conduct is unacceptable and a blatant blemish on the accomplishments and improvements to Fort Collins and downtown revitalization. These issues need to be made known to you, so you are aware of facts and conditions that are meaningful and relevant to your decision making. I do not know yet if I can attend your public hearing today, as the Clerk seems to have challenged whether I legally qualify as a “party in interest”. But as a law-abiding, taxpaying owner in this neighborhood for 30 years I believe I have rights to be heard regardless of protocol. Accordingly, I object to this External Storage Project (and also the expansion of the Seasonal Overflow Shelter). Very respectfully, and best wishes for making good decisions,
Bill Evans 303-951-5025 Madison Realty Investors 10288 W. Chatfield Ave., # 300 Littleton, CO 80127 Cell 303-995-9856
From: Delynn Coldiron <DECOLDIRON@fcgov.com> Sent: Monday, October 8, 2018 7:31 PM To: Bill Evans <bill@madisonrealtyinvestors.com> Cc: Delynn Coldiron <DECOLDIRON@fcgov.com>; Brad Yatabe <byatabe@fcgov.com>; Carrie Daggett <CDAGGETT@fcgov.com> Subject: RE: External Storage Lockers at Mennonite Church Hi Mr. Evans: Thank you for your email to Council regarding the external storage lockers at Mennonite Church. As you know, the Planning and Zoning Board decision approving the minor amendment associated with the lockers has been appealed to City Council. Council will be considering the appeal at tomorrow night’s meeting. Pursuant to City Code Section 2-55, Council may only consider an appeal based upon the Planning and Zoning Board record, the relevant Code provisions, the grounds for appeal cited in the Notice of Appeal, and arguments made by parties-in-interest at the appeal. Your email does not qualify under any of the aforementioned categories of information that Council may consider on appeal. Therefore, I am unfortunately unable to forward your email to Council to consider for the appeal. If you qualify as a party-in-interest as defined under City Code Section 2-46, you may have the opportunity to address Council at the appeal, although any comments must be limited to the grounds for appeal stated in the Notice of Appeal. Please refer to City Code Chapter 2, Art. II, Division 3 regarding the City Council appeal procedure. A copy of the Notice of Appeal is attached for your information. My office has also prepared Appeals Guidelines that may be helpful to you, and they are available at the following web address: https://www.fcgov.com/cityclerk/pdf/appeal-guidelines.pdf? 1430515033. Thank you for your interest and participation in this matter.
Delynn Coldiron City Clerk City of Fort Collins 970-416-2995 decoldiron@fcgov.com
City and Malcolm
From: Bill Evans <bill@madisonrealtyinvestors.com> Date: October 4, 2018 at 8:59:07 AM MDT To: "tleeson@fcgov.com" <tleeson@fcgov.com>, "dcoldiron@fcgov.com" <dcoldiron@fcgov.com> Cc: Juan Torres <juan.parkview@gmail.com> Subject: External Storage Lockers at Mennonite Church
Tom & Delynn – I have owned the Park View Apartments at 221 Mathews St for over 30 years. We have experienced a growing problem with trespassing on our property over the past several years. This includes people urinating, defecating, and attempting to habitate on our property. Worse yet, these people unlawfully enter into our building and do the same thing. This behavior has impaired the rights of quiet enjoyment of our residents, and threatens their personal safety. While I am sympathetic to the plight of the society adversely affected, I am strongly opposed to the decisions associated with the storage lockers proposed at the Mennonite Church. It violates policy and law on several levels as communicated in the appeal filing by Laurie Davis, and I support this appeal. Furthermore, inadequate supervision and policing of this behavior should also be addressed by the Board and Council members. Please share my thoughts with the Board and Council. Thank you.
Bill Evans 303-951-5025 Madison Realty Investors
10288 W. Chatfield Ave., # 300 Littleton, CO 80127 Cell 303-995-9856
From: Delynn Coldiron To: Lynette McGowan Cc: Delynn Coldiron; Brad Yatabe; Carrie Daggett Subject: RE: support FCMF locker project Date: Monday, October 8, 2018 7:37:00 PM Attachments: Lockers at Mennonite Church NOTICE OF APPEAL.pdf
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Hi Ms. McGowan: Thank you for your email to Council regarding the external storage lockers at Mennonite Church. As you know, the Planning and Zoning Board decision approving the minor amendment associated with the lockers has been appealed to City Council. Council will be considering the appeal at tomorrow night’s meeting. Pursuant to City Code Section 2-55, Council may only consider an appeal based upon the Planning and Zoning Board record, the relevant Code provisions, the grounds for appeal cited in the Notice of Appeal, and arguments made by parties-in-interest at the appeal. Your email does not qualify under any of the aforementioned categories of information that Council may consider on appeal. Therefore, I am unfortunately unable to forward your email to Council to consider for the appeal. If you qualify as a party-in-interest as defined under City Code Section 2-46, you may have the opportunity to address Council at the appeal, although any comments must be limited to the grounds for appeal stated in the Notice of Appeal. Please refer to City Code Chapter 2, Art. II, Division 3 regarding the City Council appeal procedure. A copy of the Notice of Appeal is attached for your information. My office has also prepared Appeals Guidelines that may be helpful to you, and they are available at the following web address: https://www.fcgov.com/cityclerk/pdf/appeal-guidelines.pdf?1430515033. Thank you for your interest and participation in this matter. Delynn Coldiron City Clerk City of Fort Collins 970-416-2995 decoldiron@fcgov.com
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From: Lynette McGowan <lynette_mcgowan@yahoo.com> Sent: Monday, October 8, 2018 10:53 AM
August 20, 2019
Ordinance Approving Settlement of Fort Collins Mennonite Fellowship v. City
Lawsuit and Imposing New Conditions on Fellowship’s Locker Program
ATTACHMENT 2
Background
• In October 2018, Council Upheld on Appeal P & Z Board’s Approval of Fellowship’s Outdoor Locker Program
• Council Imposed 4 Conditions on Program: Ø Security Camera to Monitor Activities; Keep Recordings 7
days Ø Locker Access Limited from 6 am to 8 pm Ø Fellowship Representative Present when Access Allowed Ø Access to Lockers during Non-Operating Hours must be
Restricted
2
Background
• In November 2018, the Fellowship (and Pastor Ramer) sued City and Council in Federal District Court Challenging the 4 Conditions
• Asserted Several State and Federal Claims, including under Federal Religious Land Use and Institutionalized Persons Act (RLUIPA)
• Asked Court to Enjoin City’s Enforcement of Conditions and for Recovery of Attorney Fees and Costs, but No Other Monetary Damages
• If Fellowship prevails under RLUIPA and other Claims, it is Entitled to Recover Attorney Fees and Costs from City; City Not Entitled to Fees if it Prevails
3
Background
• After Lawsuit Filed, Council Directed City Attorney to Pursue Settlement with Understanding Council would Need to Approve any Proposed Settlement at Noticed Public Hearing
• Parties Negotiated Most Issues by May 2019, with Remaining Issues Resolved in May 6th Settlement Conference with Federal Magistrate Judge
• Proposed Settlement Memorialized in Settlement Agreement Attached as Exhibit “A” to the Ordinance
4
Proposed Settlement
• Lawsuit Dismissed with Prejudice if 2 Requirements Met • First Requirement: the Council Approves Ordinance to Replace 4
Existing Conditions imposed on Program with 10 New Conditions: 1. Operate only from 6 am to 9 pm; Fellowship Representative
Need Not be Present 2. Restrict Locker Access During Non-Operating Hours with
Securely Locked Metal Bar; Off-Hour Access only Allowed if Representative Present to Unlock and Relock
3. Alternative to Locked Metal Bar Allowed if Equally Effective and City Planning Director Approves
5
Proposed Settlement
4. Provide City 24/7 Contact Information of 2 Representatives (names, cell numbers, etc.); Cannot be a Locker User
5. Post Signs at Entrance and on Lockers Stating 24/7 Contact Information
6. Promptly Update City with Changed Contact Information & Update Signs
7. Install and Maintain Security Camera with High-Quality and Clear View of Lockers; Operate 24/7 and Retain Recordings for 7 Days
8. Post Sign at Lockers Stating Operating Hours and: “UNAUTHORIZED ACCESS TO LOCKERS NOT PERMITTED. VIOLATORS MAY BE PROSECUTED”
6
Proposed Settlement
9. Locker-Users Sign Agreement Identifying Operating Hours, Conditions and state: “UNAUTHORIZED ACCESS TO LOCKERS IS NOT PERMITTED. VIOLATORS MAY BE PROSECUTED”; Agreement State that Failure to Comply, After Warning, May Result in Removal from Program
10. If FCPS or Member of Public Believes Locker-User is Impermissibly Accessing Locker, FCPS May Contact Representative about Complaint and Representative Shall Endeavor to Respond in 30 Minutes; If No Timely Response, FCPS officers, in their Discretion, May proceed to Enforce Relevant Laws
7
Proposed Settlement
• Second Requirement: City pays $60,000 to Fellowship’s Lawyers for some of Attorney Fees and Costs Fellowship has Incurred in Lawsuit
• $60,000 is a negotiated compromise amount; Fellowship has given documentation for Attorney Fees and Costs of over $100,000
• If Ordinance Not Approved, Lawsuit will Continue Unless Some Other Settlement Reached
• If Ordinance Approved and Settlement Finalized, City can Enforce New Conditions under Land Use Code (i.e., misdemeanor, civil penalty, civil action for injunction)
• Settlement Balances City’s Interest in Mitigating Effects on Neighborhood with Fellowship’s Religious Rights & Risk and Cost to Both Parties in Continuing Lawsuit
8
Public Hearing
• City Clerk Mailed Notice of Hearing August 5, 2019 • Mailed to Property Owners in 800-foot radius & Parties-In-Interest
9
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OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING A SETTLEMENT AGREEMENT IN THE FORT COLLINS MENNONITE
FELLOWSHIP v. CITY OF FORT COLLINS LAWSUIT AND, AS CONTEMPLATED UNDER
THE AGREEMENT, AMENDING THE CONDITIONS PREVIOUSLY IMPOSED IN CITY
COUNCIL RESOLUTION 2018-104 THAT APPROVED THE FORT COLLINS
MENNONITE FELLOWSHIP’S EXTERNAL STORAGE LOCKERS MINOR AMENDMENT
WHEREAS, the Fort Collins Mennonite Fellowship (the “Fellowship”) is a religious
institution and the owner of its church building located in Fort Collins at 300 East Oak Street
(the “Property”); and
WHEREAS, Steve Ramer (“Ramer”) is the Fellowship’s lead pastor; and
WHEREAS, in early 2018, the Fellowship developed plans as part of its ministry to
install lockers on the outer back wall of its building on the Property with the intention of making
these lockers available to individuals experiencing homelessness (the “Locker Program”); and
WHEREAS, in April 2018, the Fellowship filed an application with the City under the
minor amendment process in the City’s Land Use Code (“LUC”) seeking approval of the Locker
Program as an accessory use on the Property (the “Application”); and
WHEREAS, on July 19, 2018, the City’s Planning and Zoning Board (the “P & Z
Board”) conducted a noticed public hearing on the Application and approved “External Storage
Lockers Minor Amendment MA180033” (the “Minor Amendment”) with the one condition that
the Fellowship install a security camera to monitor activities around the lockers and retain the
camera recordings for seven days (the “Security-Camera Condition”); and
WHEREAS, certain parties-in-interest challenged the P & Z Board’s approval of the
Minor Amendment (the “Appellants”) by timely filing a notice of appeal to appeal that decision
to the Fort Collins City Council (the “Council”); and
WHEREAS, the Appellants contended in their notice of appeal that the P & Z Board
failed to properly interpret and apply certain sections of the LUC in approving the Minor
Amendment (the “Notice of Appeal”); and
WHEREAS, on October 9, 2018, the Council conducted a noticed public hearing on the
Appellants’ appeal in accordance with Chapter 2, Article II, Section 3 of the City Code; and
WHEREAS, at the hearing, the Council considered the Notice of Appeal, reviewed the
record on appeal from the P & Z Board, received new evidence and heard the presentations and
arguments of the Appellants and the Fellowship; and
WHEREAS, after doing so, the Council adopted a motion finding that the P & Z Board
properly interpreted and applied the LUC in approving the Minor Amendment, concluding that
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the Appellant’s appeal was without merit and denying the appeal, and imposing three new
conditions on the Minor Amendment in addition to the existing Security-Camera Condition; and
WHEREAS, the Council added the following three new conditions to the Minor
Amendment: (i) locker access shall be limited to between the hours of 6 am to 8 pm daily, (ii) a
Fellowship representative must be present at all times during which the locker access is allowed
and (iii) the Fellowship shall restrict access to the lockers outside the time when locker access is
allowed (collectively, the “Council Conditions”); and
WHEREAS, the Security-Camera Condition and the Council Conditions shall be jointly
referred to herein as the “Existing Conditions”; and
WHEREAS, on October 16, 2018, the Council adopted Resolution 2018-104 to formalize
in writing its decision on October 9, 2018, denying the Appellants’ appeal and adding the
Existing Conditions to the Minor Amendment (“Resolution 2018-104”); and
WHEREAS, on November 6, 2018, the Fellowship and Ramer (jointly, the “Plaintiffs”)
filed a lawsuit against the City and the Council in the United States District Court for the District
of Colorado, which is captioned Fort Collins Mennonite Fellowship, et al. v. The City of Fort
Collins, et al., Case No. 1:18-cv-02867, challenging the imposition of the Existing Conditions on
the Minor Amendment (the “Litigation”); and
WHEREAS, the Plaintiffs assert in the Litigation several different claims including
claims under both federal and Colorado law, including the federal Religious Land Use and
Institutionalized Persons Act in 42 U.S.C. §2000cc (“RLUIPA”); and
WHEREAS, several of the Plaintiffs’ claims under both federal and state law allow the
Plaintiffs to recover their attorney fees and costs if they are the prevailing party; and
WHEREAS, at its November 27, 2018, meeting, the Council directed the City Attorney
to pursue settlement discussions with the Plaintiffs and their lawyers; and
WHEREAS, the Plaintiffs’ and the City’s lawyers thereafter engaged in several months
of settlement negotiations with the understanding that any settlement reached would need to be
approved by the Council at a noticed public hearing to be effective; and
WHEREAS, as a result of these negotiations, the parties reached a tentative settlement on
most, but not all, issues; and
WHEREAS, in an attempt to resolve the remaining issues still in dispute, the parties
conducted a settlement conference on May 6, 2019, mediated by the United States Magistrate
Judge assigned to the Litigation; and
WHEREAS, as a result of that settlement conference, the Plaintiffs and the City reached a
tentative settlement agreement on all issues, which agreement is set forth in the Settlement
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Agreement attached as Exhibit “A” and incorporated herein by reference (the “Settlement
Agreement”); and
WHEREAS, Sections 1, 2 and 3 of the Settlement Agreement provide that the Settlement
Agreement shall not be effective unless the Council adopts on first reading on August 20, 2019,
and on second reading on September 3, 2019, an ordinance approving the Settlement Agreement
and amending Resolution 2018-104 by replacing the Existing Conditions in their entirety with
the “Amended Conditions” set forth in the Exhibit “A” attached to the Settlement Agreement
(the “Amended Conditions”); and
WHEREAS, the Settlement Agreement also provides that when this Ordinance becomes
final, non-appealable and non-referable, the Litigation will be dismissed with prejudice and the
City will pay $60,000 to the Plaintiffs’ lawyers as reimbursement for some of the attorney fees
and costs the Plaintiffs have incurred in this Litigation, a compromise amount negotiated
between the Plaintiffs and the City; and
WHEREAS, on or before August 5, 2019, the City Clerk mailed the “Public Hearing
Notice” attached as Exhibit “B” and incorporated herein by reference to provide notice of the
Council’s August 20, 2019, public hearing for the first reading of this Ordinance (the “Hearing
Notice”); and
WHEREAS, the City Clerk mailed the Hearing Notice to all current property owners
within 800 feet of the Property and to anyone else who provided a comment to the P & Z Board
at its July 19, 2018, hearing on the Application, which includes those persons who submitted
emails, letters or spoke at that hearing; and
WHEREAS, at its August 20, 2019, meeting the Council conducted a public hearing
concerning the Settlement Agreement and the first reading of this Ordinance, and at that hearing
received the comments of all persons who wished to speak to the Council about the Settlement
Agreement and Ordinance; and
WHEREAS, after careful review of the Settlement Agreement and this Ordinance,
consideration of the costs, risks and benefits to the City in continuing with the Litigation and
consideration of the comments from all those who spoke at the August 20, 2019, hearing, the
Council finds and concludes that it is in the City’s best interest and necessary for the public’s
health, safety and welfare to resolve this Litigation in all respects by adopting this Ordinance to
approve the Settlement Agreement and to replace the Existing Conditions with the Amended
Conditions concerning the Minor Amendment; and
WHEREAS, in doing so, the Council intends to cause a final resolution and settlement of
the Litigation, to amend Resolution 2018-104 as hereafter provided and to conduct its
proceedings to approve this Ordinance to the full extent authorized by law (including, without
limitation, as authorized in RULIPA § 2000cc-3(e)), notwithstanding any provision to the
contrary in the LUC or the City Code.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the Settlement Agreement is hereby approved.
Section 3. That the City Council hereby authorizes the Mayor to enter into the
Settlement Agreement on the City Council’s behalf in substantially the form attached as Exhibit
“A,” subject to minor modifications as the Mayor, in consultation with the City Manager and
City Attorney, may determine to be necessary and appropriate to protect the interests of the City
or to the effectuate the purposes of this Ordinance.
Section 4. That notwithstanding any provision in the City Code or the LUC to the
contrary, Resolution 2018-104 is hereby amended by the replacement of the Existing Conditions
in their entirety with the following Amended Conditions:
1. The operating hours of the Locker Program will be from 6 a.m. to 9 p.m.
A Fellowship representative need not be present at the lockers during
these operating hours.
2. The Fellowship shall restrict locker access during non-operating hours by
a using a securely locked metal bar reasonably capable of blocking access
and use of the lockers without unlocking the bar. However, a locker-user
may access and use the lockers during non-operating hours with the
assistance and direct supervision of a Fellowship representative. Once
such access and use are completed, the Fellowship representative shall
ensure that the metal bar is in place and securely locked for the remaining
non-operating hours.
3. As an alternative to using a locked metal bar to block access to and use of
the lockers during non-operating hours, the Fellowship may use other
means to block such access provided: (a) the City’s Director of
Community Development and Neighborhood Services Department
(“Director”) has determined that the proposed alternative means is at least
as effective as the locked metal bar in denying access to and use of the
lockers; and (b) the Director has issued his or her written approval of the
Fellowship’s use of the alternative means.
4. The Fellowship must provide the City’s Zoning Department with the
contact information at which two authorized Fellowship representatives
are available twenty-four hours a day, seven days a week, including their
names, cell-phone numbers with texting capabilities, email addresses,
work and home phone numbers, and work and home addresses. These
Fellowship representatives must be persons to whom the Fellowship has
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granted the authority to make decisions concerning the use of the lockers
and they cannot be locker-users.
5. The Fellowship must post a sign at the entrance of the Fellowship’s
building and on the lockers stating the contact cell-phone numbers of the
Fellowship representatives.
6. If any of the contact information changes for the Fellowship’s
representatives, the Fellowship shall promptly notify the City’s Zoning
Department of the change(s) and update the sign if the change is to a
posted cell-phone number.
7. The Fellowship shall install and maintain a security camera at a location
that provides a high-quality and clear view of the lockers, their numbers
and of users as they access the lockers. The camera shall be operated
twenty-four hours a day, seven days a week with its video capable of
being monitored in real time, retained at least seven days and accessible
remotely by cell phone and over the Internet.
8. The Fellowship shall post and maintain a clearly visible sign at the lockers
stating the hours of locker operation and the following:
“UNAUTHORIZED ACCESS TO LOCKERS IS NOT PERMITTED.
VIOLATORS MAY BE PROSECUTED.”
9. Locker-users must sign a locker-use agreement that identifies the express
hours of operation and the use restrictions as outlined in these conditions,
and shall contain the phrase, “UNAUTHORIZED ACCESS TO
LOCKERS IS NOT PERMITTED. VIOLATORS MAY BE
PROSECUTED.” The agreement shall also provide that failure to comply
with the locker-use agreement, following a warning, may result in removal
from the Locker Program.
10. If Fort Collins Police Services (“FCPS”) or a member of the public has
reason to believe that a locker-user is impermissibly accessing his or her
locker as outlined in these conditions, the FCPS may contact a Fellowship
representative to inform him or her of that complaint. The Fellowship
representative shall endeavor to respond to the FCPS contact within thirty
(30) minutes. If the Fellowship representative does not respond within
thirty (30) minutes, FCPS officers, in their discretion, may proceed with
enforcing any relevant State laws or City ordinances.
Section 5. That except as specifically amended in Section 4 above, Resolution 2018-
104 shall remain unchanged and in full force and effect.
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Introduced, considered favorably on first reading, and ordered published this 20th day of
August, A.D. 2019, and to be presented for final passage on the 3rd day of September, A.D.
2019.
City Clerk
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