HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/05/2021 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE S Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY October 5, 2021
City Council
STAFF
Tammi Pusheck, Interim City Clerk
SUBJECT
Consideration and Approval of the Minutes of the September 7 and September 21 Regular Meetings.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes of the September 7 and September 21 Regular meetings.
ATTACHMENTS
1. September 7, 2021 (PDF)
2. September 21, 2021 (PDF)
City of Fort Collins Page 1
September 7, 2021
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
• ROLL CALL
PRESENT: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
STAFF: DiMartino, Daggett, Pusheck
• AGENDA REVIEW: CITY MANAGER
Interim City Manager Kelly DiMartino outlined the public participation options. She withdrew
Item No. 9, First Reading of Ordinance No. 106, 2021, Authorizing the Acquisition by Eminent
Domain Proceedings of Certain Lands Necessary to Construct Public Improvements for the North
Mason Stormwater Project and the North Mason Street Alignment from Alpine Street to Hickory
Street, to September 21, 2021, for additional engagement with the property owner. Additionally,
Item No. 8, Items Related to Local Marijuana Codes, has been moved to the Discussion Agenda.
• PUBLIC COMMENT
Mayor Arndt noted no public comment will be taken on 636 Castle Ridge Court as that item may
be coming before Council in a quasi-judicial fashion.
Tom Griggs announced his candidacy for the Poudre School District Board and commented on the
importance of two-way communication and Safe Routes to Schools. He opposed Council making
any changes to the public comment portion of meetings.
Doug Salter stated he had intended to speak about 636 Castle Ridge Court and requested the liaison
reach out to residents regarding the meaning of a quasi-judicial hearing.
(No name provided) stated she had intended to speak about 636 Castle Ridge Court and stated
citizens have questions about the process. She requested Council examine the reasonable
accommodation process and the lack of appeal options for a decision made by the Director.
Mayor Arndt noted Council meeting rules do not allow public comment regarding matters that
could be appealed to Council once the process has been initiated, including any development
review item appealable to Council. She stated there will be opportunities for the public to provide
feedback throughout the development review process.
(No name provided) stated he had intended to speak about the proposed project at 636 Castle Ridge
Court as well.
Dale Grenfell discussed growth and negative effects of climate change.
Janette Padilla discussed issues with water pressure at Hickory Village Mobile Home Park.
Kim Medina, 308 Cherry Street owner, requested the City assist with the water pressure issues at
Hickory Village and discussed the historical importance of the property at 308 Cherry Street.
Rashida Perez, BIPOC Alliance, supported the historical designation for 308 Cherry Street noting
it is one of the few surviving remnants of Black African American history in the city.
City of Fort Collins Page 2
Nissa Depalma requested the names of each Council member.
Eric Sutherland opposed the rule that does not allow quasi-judicial matters to be discussed at
Council meetings and commented on the lack of advocacy and assistance for those involved in the
development review process. He discussed the true blight issues mentioned by Ms. Padilla and
stated tens of millions of dollars of Urban Renewal Authority tax increment dollars have been
diverted to fix non-blight issues. He stated the Connexion broadband utility is performing
abysmally and discussed Timnath’s abuse of tax increment financing.
Steve Sunderman stated he had intended to speak about 636 Castle Ridge Court and stated
residents have been trying for months to be heard.
Christine Antinori discussed concerns about safety hazards at East Vine Drive and Jerome Street
and requested staff look into possible Code violations.
• PUBLIC COMMENT FOLLOW-UP
Councilmember Pignataro requested staff follow-up with residents concerned about the project at
636 Castle Ridge Court and noted public comment will be taken at both the neighborhood meeting
and Planning and Zoning Commission meeting as well as at any appeal to Council. She
commented on the need for a better feedback loop for citizens involved in the process.
City Attorney Daggett noted citizens need to meet certain requirements as parties-in-interest in
order to participate in an appeal hearing, and that does include people who received notice,
provided emails, or provided comment.
Councilmember Peel noted this is the third reasonable accommodation issue that has come up
since she arrived on Council and stated she would like to have a further conversation about the
process.
Councilmember Ohlson stated he would like the Legislative Review Committee to examine the
state law and requested the definition of ex parte communication. City Attorney Daggett replied
it is used to mean ‘outside the process.’
Councilmember Ohlson stated he believes Council should hear comments during all parts of the
process and stated other communities in Colorado have different interpretations of ex parte
communication. He requested staff examine the water pressure issue at Hickory Village and stated
the East Vine Drive and Jerome intersection should also be addressed.
Councilmember Gutowsky thanked Ms. Medina for her attention to historic preservation and
discussed the importance of celebrating the community’s Black history. She thanked Mr. Griggs
for running for the School Board and for introducing himself.
Mayor Pro Tem Francis asked if staff has a response about the Hickory Village water pressure
issue. Interim City Manager DiMartino stated she has been in touch with the Interim Utilities
Director, Teresa Connor, and staff will be following up right away with the Colorado Department
of Health and Environment.
Councilmember Pignataro thanked the Boy Scouts for attending the meeting.
• CONSENT CALENDAR
City of Fort Collins Page 3
Mayor Pro Tem Francis made a motion, seconded by Councilmember Peel, to adopt and approve
all items not withdrawn from the Consent Agenda.
RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Shirley Peel, District 4
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
1. Consideration and Approval of the Minutes of the July 6, July 20 and August 4 Regular
Meetings and the July 26 Adjourned Meeting. (Adopted)
The purpose of this item is to approve the minutes of the July 6, July 20 and August 4 Regular meetings
and the July 26 Adjourned meeting.
2. Second Reading of Ordinance No. 098, 2021, Appropriating Prior Year Reserves for Use as
Contingency Capital Funding of the Broadband System Construction. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 4, 2021, appropriates prior year
reserves to fund the continued build of the Broadband system. Th e original construction budget is
approximately 85% spent through the end of June 2021. Increased boring costs, additional premises
in the build area and the construction schedule developed from the design/build framework have
contributed to the need to access these funds.
3. Second Reading of Ordinance No. 099, 2021, Temporarily Superseding City Code and Setting
the Compensation of the Interim City Manager. (Adopted)
This Ordinance, unanimously adopted on First Reading on August 4, 2021, to sets the compe nsation
and terms of the Interim City Manager appointment.
4. First Reading of Ordinance No. 100, 2021, Appropriating Prior Year Reserves and Authorizing
a Transfer in the General Fund for the March 2021 Snowstorm Tree and Branch Cleanup.
(Adopted)
The purpose of this item is to appropriate $306,819 in General Fund reserves to cover the
unanticipated costs associated with the tree and branch cleanup from the March 13 -14 spring
snowstorm to various City funds. This appropriation request will be used for the direct costs associated
with the cleanup effort but not covered in the operating budget. This includes personnel overtime,
contractor costs, equipment rental and branch drop off site charges that are uniquely and directly
related to the snowstorm cleanup.
5. First Reading of Ordinance No. 101, 2021, Appropriating Philanthropic Revenue Received
Through City Give for Active Modes to Address the Needs of Populations Disproportionately
Harmed by the Impacts of COVID-19. (Adopted)
The purpose of this item is to request an appropriation of $50,000 in philanthropic revenue received
through City Give for Active Modes in the FC Moves Department. A ‘Streets for Pandemic Response
and Recovery’ grant has been awarded and designated by the National Association of City
Transportation Officials (“NACTO”), in partnership with Bloomberg Philanthropies, to address the
needs of populations disproportionately harmed by COVID-19’s public health, social, and economic
impacts through community-based partnerships to spark physical or operational changes to public
space.
City of Fort Collins Page 4
6. First Reading of Ordinance No. 102, 2021, Appropriating Philanthropic Revenue Received
Through City Give for Neighborhood Services to Support Healthy Outcomes for Mobile Home
Park Residents’ Homes and Personal Wellbeing. (Adopted)
The purpose of this item is to appropriate $23,166.32 in philanthropic revenue in the General Fund for
use by the City’s Neighborhood Services department. Neighborhood Services has been awarded a
grant of $23,166 through the 2021 AARP Community Challenge with the designated intent to support
healthy outcomes for residents’ homes and personal wellbeing through an October 2021 resource fair
and community cleanup at two locations: North College and Skyline mobile home communities.
7. First Reading of Ordinance No. 103, 2021, Appropriating Unanticipated Shuttered Venue
Operators Grant Revenue in the Cultural Services & Facilities Fund for the Lincoln Center.
(Adopted)
The purpose of this item is to appropriate unanticipated grant revenue in the Cultural Services &
Facilities Fund for the Lincoln Center operations. This appropriation includes $1,243,768 of grant
revenues awarded on July 15, 2021, provided by the federal government through the Small Business
Administration to support personnel or business expenses.
8. Items Related to the Disconnection of the Poudre School District Prospect Middle and High
School Site from the City of Fort Collins. (Adopted)
A. First Reading of Ordinance No. 107, 2021 Disconnecting Certain Poudre S chool District
Property Located at the Intersection of East Prospect Road and Larimer County Road 5 From
the Territory of the City of Fort Collins.
B. First Reading of Ordinance No. 108, 2021 Approving the Eighth Amendment to the Fort
Collins-Timnath Intergovernmental Agreement Regarding Cooperation on Annexation,
Growth Management, and Related Issues.
The purpose of this item is to process a request from the Poudre School District to disconnect (de -
annex) the Prospect Middle/High School Site from the City of Fort Collins so that it can be annexed
into the Town of Timnath. Included in this item are the following actions:
1) Disconnection of the Prospect Middle/High School property from the Fort Collins City Limits. This
Ordinance would not take effect until the Town of Timnath has approved annexation of the
property.
2) Amend the City's intergovernmental agreement with the Town of Timnath regarding cooperation
on annexation, growth management and related issues. The amendment would allow for Timnath
to annex the property into their municipal limits despite the property's location within the Fort
Collins Growth Management Area.
9. First Reading of Ordinance No. 109, 2021, Designating the Thomas Property, 308 Cherry Street,
Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the
City of Fort Collins. (Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered
in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution
2019-064.
The purpose of this item is to request City Landmark designation for the property at 308 Cherry Street.
In cooperation with the property owner, City staff and the Historic Preservation Commission have
determined the property to be eligible for designation under Standard 1, Events/Trends for the
property's association with Black/African American history in Fort Collins. The owner is requesting
designation, which will provide protection of the property's ext erior and access to financial incentives
for historic property owners. If designated, this would be the first property in Fort Collins to be
recognized and protected for association with Black/African American history.
City of Fort Collins Page 5
10. Items Related to Golf Professionals and Concessionaire Agreements. (Adopted)
A. First Reading of Ordinance No. 110, 2021, Authorizing the Purchasing Agent to Enter into a
Contract for Services, Professional Services and/or Construction in Excess of Five Years for
the Golf Professional at Collindale Golf Course.
B. First Reading of Ordinance No. 111, 2021, Authorizing the Purchasing Agent to Enter into a
Contract for Services, Professional Services and/or Construction in Excess of Five Years for
the Golf Professional at Southridge Golf Course.
C. First Reading of Ordinance No. 112, 2021, Authorizing the Purchasing Agent to Enter into a
Contract for Services, Professional Services and/or Construction in Excess of Five Years for
the Food and Beverage Concession at Southridge Golf Course.
The purpose of this item is to authorize the Purchasing Agent, pursuant to City Code Section 8 -186(a),
to enter into contracts greater than five years in length for the Golf Professionals at Collindale and
Southridge Golf Courses and to extend the contract for the Food and Beverage Concession at
Southridge Golf Course. These three contracts were originally awarded by competitive purchasing
processes in accordance with City Code Section 8-158, Competitive sealed proposals. The contracts
for the Golf Professionals include a provision for the City to extend the contracts for up to an additional
five years, subject to Council approval. Extending the contracts for the Golf Professionals at these
two golf courses and the Food and Beverage Concession at Southridge G olf Course is in the City’s
best interest.
11. Resolution 2021-082 Approving the Execution of the Fourth Amended Intergovernmental
Agreement of the Establishment of the Larimer Emergency Telephone Authority. (Adopted)
The purpose of this item is to approve an agreement to modify, amend and supersede an
intergovernmental agreement concerning the implementation of an "E911" Emergency Telephone
Service. The City is a party to an Intergovernmental Agreement (the “E -911 IGA”) dated November
14, 1990, which established a separate legal entity called the Larimer Emergency Telephone Authority
(“LETA”). LETA is responsible for administering the operation of the emergency telephone service
program (911) and defining how each of the parties will participate in the Authority. On June 2, 2021,
the LETA Board of Directors approved an agreement to modify, amend and supersede the original E-
911 IGA, as last amended by the (2009) Third Amendment to the IGA. This Resolution approves the
execution of the Fourth Amended Intergovernmental Agreement of the Establishment of the Larimer
County Emergency Telephone Authority (the Fourth Amended IGA).
12. Resolution 2021-083 Setting the Dates of the Public Hearings on the 2022 Proposed City of Fort
Collins Budget. (Adopted)
The purpose of this item is to set two public hearing dates for the proposed 2022 budget that the City
Manager has filed with the City Clerk pursuant to Section 2 of City Charter Article V. Section 3 of City
Charter Article V requires Council to set a date for a public hearing on the proposed budget and to
cause notice of the hearing to be published. This Resolution sets two public hearing dates for Council’s
regular meeting on September 21, 2021, and its regular meeting on October 5, 2021. The Resolution
also directs the City Clerk to publish the notice of these two hearings, which notice is attached as
Exhibit “A” to the Resolution.
• CONSENT CALENDAR FOLLOW-UP
Mayor Pro Tem Ohlson stated citizens should have been able to speak on Item 9, First Reading of
Ordinance No. 106, 2021, Authorizing the Acquisition by Eminent Domain Proceedings of Certain
Lands Necessary to Construct Public Improvements for the North Mason Stormwater Project and
the North Mason Street Alignment from Alpine Street to Hickory Street, during citizen participation
despite it having been moved to a different date. Mayor Arndt concurred.
• STAFF REPORTS
City of Fort Collins Page 6
A. Volunteer Services Update (Sue Schafer)
Sue Schafer, Volunteer Services Coordinator, discussed the history of volunteer services within
the City organization. She discussed the Service Enterprise Certification presented by the Points
of Light Foundation received by Fort Collins, noting it was only the third city in the country to
receive the national recognition. She stated the time volunteers donate to the City equates to an
economic impact of almost $4 million and she commended the staff leaders who work with
volunteers.
Mayor Pro Tem Francis thanked Schafer for the presentation and commended the volunteer
program.
Mayor Arndt commended the volunteer program.
B. Code Compliance Update (Justin Moore)
Justin Moore, Lead Code Compliance Inspector, discussed the functions of Code compliance and
stated the most common violations addressed include weeds, rubbish, outdoor storage, parking on
yards, sidewalk snow removal, noise disturbances, and occupancy. He discussed the violation
enforcement process for nuisance issues and commented on voluntary compliance rates, which are
typically around 95%.
Councilmember Canonico thanked Moore for the presentation and commended the job of Code
Compliance officers.
Mayor Arndt commended the relationship between Code Compliance and volunteer services.
Councilmember Ohlson commended both the volunteer services and Code Compliance areas.
• COUNCILMEMBER REPORTS
Councilmember Peel reported on the Teaching Tree open house and announced her upcoming
listening session on September 25.
Councilmember Gutowsky reported on Council’s onboarding sessions and thanked staff for their
participation. She reported on a walking tour of the city’s northeast neighborhoods with an area
resident.
Councilmember Canonico thanked staff for their participation in Council’s onboarding sessions
and announced an upcoming listening session on September 18.
Mayor Arndt discussed Council’s activities and work outside the regular Council meetings.
• CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
13. First Reading of Ordinance No. 106, 2021, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary to Construct Pub lic Improvements for the North
Mason Stormwater Project and the North Mason Street Alignment from Alpine Street to Hickory
Street. (Postponed to Date Certain)
The purpose of this item is to obtain authorization from City Council to use eminent domain, if deemed
necessary, to acquire property interests needed to construct improvements from Alpine Street to
Hickory Street for the North Mason Stormwater Project and the North Mason Street alignment.
City of Fort Collins Page 7
RESULT: POSTPONED TO DATE CERTAIN [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Shirley Peel, District 4
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
14. Items Related to Local Marijuana Codes. (Adopted on First Reading)
A. First Reading of Ordinance No. 104, 2021, Amending Chapter 15, Article XVI of the Code of
the City of Fort Collins Regulating Medical Marijuana Businesses to Update, Clarify and Align
City Code with State Law.
B. First Reading of Ordinance No. 105, 2021, Amending Chapter 15, Article XVII of the Code of
the City of Fort Collins Regulating Retail Marijuana Businesses to Update, Clarify and Align
City Code with State Law.
The purpose of these items is to update and align two City marijuana Code provisions w ith state law
at the request of the industry. Since the adoption of local marijuana regulations in 2010 and 2012,
many City requirements are now covered in state law. There are also minor differences that if aligned
will be more easily communicated for pub lic awareness and licensing enforcement. Further, staff
recommends two other changes to City Code to address additional local control and social equity
concerns regarding access to the legal marijuana industry.
Councilmember Canonico asked how House Bill 1317 and the lower medical marijuana
purchasing levels is affected by this item. Ginny Sawyer, Senior Policy and Project Manager,
replied the City’s current ordinance does not address concentrates and discusses ounces rather than
grams. The proposed changes would align the City’s Code with the state.
Jim Lennerts, Marijuana Enforcement Officer, noted Municipal Code Section 15-608C requires
all retail and medical marijuana stores to be co-located and states that a person under 21 years of
age may not enter those facilities, even with a medical card, and that prohibition will remain.
Councilmember Ohlson asked about the role of marijuana business owners in changes. Sawyer
replied owners are not driving changes; however, the City wants to work closely with them. She
noted voters gave approval for marijuana code changes to be made if those changes are not contrary
to the citizen-approved marijuana ordinance. She stated alignment with the state offers clarity
moving forward.
Councilmember Peel discussed statistics related to marijuana use among 16- to 25-year-olds and
expressed concern about the effects of marijuana use on brain development. She asked if there are
warnings about those dangers with marijuana products. Lennerts commented on proactive work
with the marijuana industry teaching employees to detect fake IDs and stated compliance checks
occur regularly. He stated minors typically get marijuana via purchase from an adult and those
cases are investigated when discovered. Additionally, he stated he gives presentations on the
effects of marijuana use on minors.
Councilmember Canonico asked if there was public outreach beyond the marijuana industry
regarding these changes. Sawyer replied there was no additional outreach on these items as they
do not include policy changes. She stated the stakeholders for these changes were a limited group.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Pignataro, to adopt
Ordinance No. 104, 2021, on First Reading. Yeas: Pignataro, Francis, Arndt, Peel, Gutowsky,
Canonico and Ohlson. Nays: none.
City of Fort Collins Page 8
RESULT: ORDINANCE NO. 104, 2021 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
Mayor Pro Tem Francis made a motion, seconded by Councilmember Pignataro, to adopt
Ordinance No. 105, 2021, on First Reading.
RESULT: ORDINANCE NO. 105, 2021 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
• OTHER BUSINESS
Councilmember Pignataro requested and received Council support to direct staff to bring forth a
resolution at the October 5th meeting to make the ad hoc compensation committee a full-time
Council committee and to increase its scope to include all of City staff, including Council itself.
• ADJOURNMENT
The meeting adjourned at 7:28 PM.
______________________________
Mayor
ATTEST:
________________________________
Interim City Clerk
City of Fort Collins Page 1
September 21, 2021
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
• ROLL CALL
PRESENT: Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
ABSENT: Pignataro
STAFF: DiMartino, Daggett, Pusheck
• AGENDA REVIEW: CITY MANAGER
Interim City Manager Kelly DiMartino and interpreters discussed the Spanish interpretation
options.
The video outlining public participation options was played.
Interim City Manager DiMartino stated Item No. 18, Resolution 2021-088 Appointing Vicki Pace
and Courtenay Patterson as Assistant Municipal Judges of the Fort Collins Municipal Court and
Authorizing the Execution of Employment Agreements, contains a clean copy of Exhibit A.
• PUBLIC COMMENT
Deneice Dyer, Northern Colorado Dance, stated her independent contract to run dance programs
through the City has recently been cut and she requested it be reinstated. She provided letters of
support from community members.
Natalie Scarlett expressed support for reinstating Ms. Dyer’s classes noting the studio quality
instruction has been extremely valuable to families with lower incomes.
Mark Morehouse discussed the large use of indoor City swimming pools and stated the lack of
funding for Mulberry Pool maintenance in the budget indicates the City may not be anticipating
keeping the facility running. He stated that closure would have a large negative impact on the
swimming community in Fort Collins. He also encouraged the City to consider putting indoor
lane space into the southwest recreation center facility and encouraged a partnership with Poudre
School District.
Tom Griggs stated he is running for the Poudre School District Board and discussed the importance
of the City and School District working together to better enable post-high school success for
students.
Rob Caggen supported the inclusion of asset management, lifecycle replacement of equipment,
and parks refreshment in the culture and recreation review. He stated he was distressed to hear of
a new southeast community park and community center with $9 million in deferred maintenance.
He questioned how funding can occur for building new parks when existing parks have millions
of dollars of improvements needed.
Cornel Gazdaru discussed the need for indoor swimming facilities in the community.
Cristyn Heightner requested information as to why agenda items may be removed and asked if that
information could be better communicated with the public.
City of Fort Collins Page 2
Kim Medina commended the City’s leadership and direction with historic preservation efforts.
She also commended the City’s use of equity and inclusion with all things, including the
landmarking of properties.
• PUBLIC COMMENT FOLLOW-UP
Councilmember Ohlson noted Council will still discuss and vote on budget items. He stated
Council is aware of the need for indoor lap swimming options and noted the Mulberry Pool has
had major maintenance costs for years and it will be important to determine the best use of funds.
Councilmember Gutowsky stated she would like indoor pool space to be prioritized, particularly
for competitive students. She thanked Mr. Griggs for his comments.
Mayor Pro Tem Francis stated the Indigenous Peoples’ Day resolution was pulled from the agenda
at the request of the community members with whom the City is working to develop the resolution.
Mayor Arndt stated the City will be considering an overall master aquatics plan.
Councilmember Ohlson requested an explanation of the changes in the operation of the dance
program through the City. Aaron Harris, Interim Recreation Director, replied th e decision was
made based on guidance from the City’s Human Resources, Purchasing, and Legal departments
due to changes to IRS guidelines. Interim City Manager DiMartino assured Ms. Dyer the letters
of support she provided will be shared with Council.
Councilmember Ohlson requested a memo with additional explanation.
• CONSENT CALENDAR
Mayor Pro Tem Francis made a motion, seconded by Councilmember Canonico, to adopt and
approve all items on the Consent Agenda.
RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Tricia Canonico, District 3
AYES: Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
ABSENT: Pignataro
1. Second Reading of Ordinance No. 100, 2021, Appropriating Prior Year Reserves and
Authorizing a Transfer in the General Fund for the March 2021 Snowstorm Tree and Branch
Cleanup. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 7, 2021, appropriates $306,819
in General Fund reserves to cover the unanticipated costs associated with the tree and branch cleanup
from the March 13-14 spring snowstorm to various City funds. This appropriation request will be used
for the direct costs associated with the cleanup effort but not covered in the operating budget. This
includes personnel overtime, contractor costs, equipment rental and branch drop off site charges that
are uniquely and directly related to the snowstorm cleanup.
2. Second Reading of Ordinance No. 101, 2021, Appropriating Philanthropic Revenue Received
Through City Give for Active Modes to Address the Needs of Populations Disproportionately
Harmed by the Impacts of COVID-19. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 7, 2021, appropriates $50,000
in philanthropic revenue received through City Give for Active Modes in the FC Moves Department. A
‘Streets for Pandemic Response and Recovery’ grant has been awarded and designated by the
City of Fort Collins Page 3
National Association of City Transportation Officials (“NACTO”), in partnership with Bloomberg
Philanthropies, to address the needs of populations disproportionately harmed by COVID -19’s public
health, social, and economic impacts through community-based partnerships to spark physical or
operational changes to public space.
3. Second Reading of Ordinance No. 102, 2021, Appropriating Philanthropic Revenue Received
Through City Give for Neighborhood Services to Support Healthy Outcomes for Mobile Home
Park Residents’ Homes and Personal Wellbeing. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 7, 2021, appropriates $23,166
in philanthropic revenue in the General Fund for use by the City’s Neighborhood Services department.
Neighborhood Services has been awarded a grant of $23,166 through the 2021 AARP Community
Challenge with the designated intent to support healthy outcomes for residents’ homes and personal
wellbeing through an October 2021 resource fair and community cleanup at two locations: North
College and Skyline mobile home communities.
4. Second Reading of Ordinance No. 103, 2021, Appropriating Unanticipated Shuttered Venue
Operators Grant Revenue in the Cultural Services & Facilities Fund for the Lincoln Center.
(Adopted)
This Ordinance, unanimously adopted on First Reading on September 7, 2021, appropriates
unanticipated grant revenue in the Cultural Services & Facilities Fund for the Lincoln Center
operations. This appropriation includes $1,243,768 of grant revenues awarded on July 15, 2021,
provided by the federal government through the Small Business Administration to support personnel
or business expenses.
5. Items Related to Local Marijuana Codes. (Adopted)
A. Second Reading of Ordinance No. 104, 2021, Amending Chapter 15, Article XVI of the Code
of the City of Fort Collins Regulating Medical Marijuana Businesses to Update, Clarify and Align
City Code with State Law.
B. Second Reading of Ordinance No. 105, 2021, Amending Chapter 15, Article XVII of the Code
of the City of Fort Collins Regulating Retail Marijuana Businesses to Update, Clarify and Align
City Code with State Law.
These Ordinances, unanimously adopted on First Reading on September 7, 2021, update and align
two City marijuana Code provisions with state law at the request of the industry. Since the adoption of
local marijuana regulations in 2010 and 2012, many City requirements are now covered in state law.
There are also minor differences that if aligned will be more easily communicated for public awareness
and licensing enforcement. Further, staff recommends two other changes to City Code to address
additional local control and social equity concerns regarding access to the legal marijuana industry.
6. Items Related to the Disconnection of the Poudre School District Prospect Middle and High
School Site from the City of Fort Collins. (Adopted)
A. Second Reading of Ordinance No. 107, 2021 Disconnecting Certain Poudre School District
Property Located at the Intersection of East Prospect Road and Larimer County Road 5 From
the Territory of the City of Fort Collins.
B. Second Reading of Ordinance No. 108, 20 21 Approving the Eighth Amendment to the Fort
Collins-Timnath Intergovernmental Agreement Regarding Cooperation on Annexation,
Growth Management, and Related Issues.
These Ordinances, unanimously adopted on First Reading on September 7, 2021, requests from the
Poudre School District to disconnect (de-annex) the Prospect Middle/High School Site from the City of
Fort Collins so that it can be annexed into the Town of Timnath. Included in this item are the following
actions:
City of Fort Collins Page 4
1) Disconnection of the Prospect Middle/High School property from the Fort Collins City Limits. This
Ordinance would not take effect until the Town of Timnath has approved annexation of the
property.
2) Amend the City's intergovernmental agreement with the Town of Timnath regarding cooperation
on annexation, growth management and related issues. The amendment would allow for Timnath
to annex the property into their municipal limits despite the property's location within the Fort
Collins Growth Management Area.
7. Second Reading of Ordinance No. 109, 2021, Designating the Thomas Property, 308 Cherry
Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code
of the City of Fort Collins. (Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered
in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution
2019-064.
This Ordinance, unanimously adopted on First Reading on September 7, 2021, requests Ci ty
Landmark designation for the property at 308 Cherry Street. In cooperation with the property owner,
City staff and the Historic Preservation Commission have determined the property to be eligible for
designation under Standard 1, Events/Trends for the property's association with Black/African
American history in Fort Collins. The owner is requesting designation, which will provide protection of
the property's exterior and access to financial incentives for historic property owners. If designated,
this would be the first property in Fort Collins to be recognized and protected for association with
Black/African American history.
8. Items Related to Golf Professionals and Concessionaire Agreements. (Adopted)
A. Second Reading of Ordinance No. 110, 2021, Authorizing the Purchasing Agent to Enter into
a Contract for Services, Professional Services and/or Construction in Excess of Five Years
for the Golf Professional at Collindale Golf Course.
B. Second Reading of Ordinance No. 111, 2021, Authorizing the Purchasing Agent to Enter into
a Contract for Services, Professional Services and/or Construction in Excess of Five Years
for the Golf Professional at Southridge Golf Course.
C. Second Reading of Ordinance No. 112, 2021, Authorizing the Purchasing Agent to Enter into
a Contract for Services, Professional Services and/or Construction in Excess of Five Years
for the Food and Beverage Concession at Southridge Golf Course.
This Ordinance, unanimously adopted on First Reading on September 7, 2021, authorizes the
Purchasing Agent, pursuant to City Code Section 8-186(a), to enter into contracts greater than five
years in length for the Golf Professionals at Collindale and Southridge Golf Courses and to extend the
contract for the Food and Beverage Concession at Southridge Golf Course. These three contracts
were originally awarded by competitive purchasing processes in accordance with City Code Section
8-158, Competitive sealed proposals. The contracts for the Golf Professionals include a provision for
the City to extend the contracts for up to an additional five years, subject to Council approval.
Extending the contracts for the Golf Professionals at these two golf courses and the Food and
Beverage Concession at Southridge Golf Course is in the City’s best interest.
9. Items Pertaining to the Annual Adjustment Ordinance. (Adopted)
A. First Reading of Ordinance No. 113, 2021, Making Supplemental Appropriations in and
Authorizing Transfers of Appropriations from Various City Funds.
B. First Reading of Ordinance No. 1 14, 2021, Appropriating Prior Year Reserves in Various City
Funds.
City of Fort Collins Page 5
The purpose of these Annual Adjustment Ordinances is to appropriate dedicated and additional
revenues or prior year reserves that need to be appropriated before the end of the year to cover related
expenses that were not anticipated, and therefore, not included in the 2021 annual budget
appropriation. The additional revenue is primarily from fees, charges for service, rents, contributions,
donations, and grants that have been paid to City de partments to offset specific expenses.
10. First Reading of Ordinance No. 115, 2021, Appropriating Prior Year Reserves and Making
Supplemental Appropriations in the Natural Areas Fund for Bobcat Ridge Natural Area Dump
Clean-up Not Included in the 2021 Adopted City Budget. (Adopted)
The purpose of this item is to appropriate $1,388,000 in 2021 unanticipated revenues and reserves in
the Natural Areas Fund to clean-up the dump at Bobcat Ridge Natural Area to protect the natural area
and as required by Colorado Department of Public Health and Environment. Reserves and
unanticipated revenues need to be appropriated into the budget before they can be used. This
Ordinance appropriates $1,000,000 in unanticipated 2021 dedicated sales tax revenues and $388,0 00
in reserves in the Natural Areas Fund for use in 2021 for clean-up of the dump at Bobcat Ridge Natural
Area.
11. First Reading of Ordinance No. 116, 2021, Making a Supplemental Appropriation of Grant Funds
to Apply Toward the Purchase of an Electric Str eet Sweeper and Charging Station. (Adopted)
The purpose of this item is to appropriate $275,373 of unanticipated grant revenue in the Equipment
Fund as funding support for the July 2021 purchase of an electric street sweeper and charging station.
12. First Reading of Ordinance No. 117, 2021, Making Supplemental Appropriations for the Debt
Service Payment for the Northern Colorado Drug Task Force Facility. (Adopted)
The purpose of this item is to appropriate unanticipated revenue in the amount of $67,487 in the
General Fund to pay for the debt service on the Northern Colorado Drug Task Force Building.
13. Items Relating to the Siphon Overpass Project. (Adopted)
A. Resolution 2021-084 Authorizing the Execution of an Intergovernmental Agreement Between
the City of Fort Collins, Colorado and the Colorado Department of Transportation for the
Siphon Overpass Project.
B. First Reading of Ordinance No. 118, 2021, Making Supplemental Appropriations,
Appropriating Prior Year Reserves, and Authorizing Transfers of Appropriations for the Siphon
Overpass Project and Related Art in Public Places.
The purpose of this item is to enable the City to receive and expend Multimodal Options Fund
(“MMOF”) grant funds from the Colorado Department of Transportation (“CDOT ”), to appropriate those
funds and Transportation Capital Expansion Fee (“TCEF”) Fund reserves for the Siphon Overpass
Project (the “Project”), and to appropriate Transportation Services Fund reserves to satisfy the City’s
Art in Public Places (“APP”) program contribution requirements. This item will authorize the Mayor to
execute the Intergovernmental Agreement (“IGA”) for the Project with CDOT and will appropriate an
additional $1,855,050 in the Capital Projects Fund for the Project. These funds will be u sed to design
and construct a trail overpass spanning the existing railroad tracks near the southeast corner of the
Willow Springs neighborhood, and to satisfy the APP contribution requirements via a transfer of $5,050
from the Project to the Cultural Services and Facilities Fund.
14. Items Relating to Updates to Fort Collins Utilities Water Supply Requirements. (Adopted)
A. First Reading of Ordinance No. 119, 2021 Amending Chapter 26 of the Code of the City of
Fort Collins to Make Various Changes to the Requirements and Fees for Water Service.
B. First Reading of Ordinance No. 120, 2021 Making Various Amendments to the City of Fort
Collins Land Use Code Regarding Landscape Water Use.
City of Fort Collins Page 6
The purpose of this item is to approve changes to Fort Collins Utilities (Utilities) Water Supply
Requirements (WSR) calculations. Updates require changes to Chapter 26 of City Code and Section
3.2.1 of the Land Use Code (LUC). The goals of these changes include increasing the precision and
equity of the calculations, while encouraging water efficient designs in developments by accounting
for more development site characteristics (e.g., business type, landscape type) when calculating
WSRs.
15. Resolution 2021-085 Supporting a Grant Application for Gray and Black-Market Marijuana
Enforcement Funding for Fort Collins Police Services. (Adopted)
The purpose of this item is to obtain Council support for the City to apply for grant money to support
enforcement of gray- and black- market marijuana activity for Fort Collins Police Services.
16. Resolution 2021-086 Consenting to the Dissolution of Waterfield Metropolitan District Nos. 1 –
3. (Adopted)
The purpose of this item is to consider dissolving the Waterfield Metropolitan District Nos. 1 -3
(Districts). Council approved a Metropolitan District Service Plan for these Districts on September 18,
2018 (Service Plan). The Service Plan contemplates a development containing 498 residential units
with 50 of those units being deed restricted and affordable to families earning less than 80% of Area
Median Income. Council then approved on April 16, 2019, a development agreement to secure certain
public benefits related to the Service Plan (Public Benefits Agreement). The property’s original
developer never signed the Public Benefits Agreement, and that developer has since sold the property
to a new developer. The new developer wants to develop the property wit hout using the Districts and
is seeking dissolution of them. The Districts have no indebtedness and staff have reviewed the
materials and support the request for dissolution.
17. Resolution 2021-087 Making an Appointment to the Youth Advisory Board. (Adopted)
The purpose of this item is to fill a vacancy on the Youth Advisory Board due to resignations that
occurred because of graduations.
18. Resolution 2021-088 Appointing Vicki Pace and Courtenay Patterson as Assistant Municipal
Judges of the Fort Collins Municipal Court and Authorizing the Execution of Employment
Agreements. (Adopted)
The purpose of this item is to appoint Vicki Pace and Courtenay Patterson as Assistant Municipal
Judges for the Fort Collins Municipal Court. The City Charter provides for the appointment of judges
of the Municipal Court for two-year terms. Chief Judge Jill A. Hueser recommends that Ms. Pace and
Ms. Patterson be appointed as Assistant Municipal Judges, to serve in the absence of the Chief Judge.
19. Resolution 2021-089 Appointing One Board Member Selected by the City and One Board
Member Jointly Appointed by the City and Larimer County to the Boxelder Basin Regional
Stormwater Authority Board of Directors. (Adopted)
The purpose of this item is to consider making two appointments to the Boxelder Basin Regional
Stormwater Authority Board.
• CONSENT CALENDAR FOLLOW-UP
Mayor Pro Tem Francis asked if the canal company has been contacted regarding Item No. 13,
Items Relating to the Siphon Overpass Project. Brad Buckman, City Engineer, replied staff is
following up with the Willow Springs HOA on a future project to connect over the Mail Creek
Ditch; however, the budget does not currently exist for it.
Mayor Pro Tem Francis requested additional information prior to second reading.
City of Fort Collins Page 7
• COUNCILMEMBER REPORTS
Councilmember Gutowsky reported on participating in the community police academy and on the
recent liaison meeting between the City, County, and Poudre School District. She stated the
Behavioral Health Policy Council has been participating in virtual tours of service providers that
have already received grant funds. She stated the behavioral health facility should be complete in
early 2023.
Mayor Arndt thanked the Fort Collins Police for assisting with an incident at her home on Sunday
evening.
Councilmember Peel announced her upcoming listening session on September 25. She also
reported on the regional Colorado Municipal League meeting in Kersey. She commented on the
celebrations of Constitution Week and the Hispanic Latinx Heritage Month.
Councilmember Gutowsky noted the Museo de las Tres Colonias will be open weekends during
October in celebration of Hispanic Heritage Month.
(Secretary’s Note: The Council took a brief recess at this point in the meeting.)
• DISCUSSION ITEMS
20. First Reading of Ordinance No. 121, 2021, Involuntarily Designating the Moore Property, 528
West Mountain Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter
14 of the Code of the City of Fort Collins. (Postponed to Date Certain)
This item is a quasi-judicial matter and is an involuntary Landmark designation request, not supported
by the property owner. It must be considered on the discussion agenda and will be considered under
Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019-064.
Request for Continuance of the Hearing: The owners of the property proposed to be designated have
requested more time to prepare for the hearing on the designation and ask Council to continue this
hearing to a later date. The Parties have specifically waived any right to a hearing within 75 days as
required by City Code Section 14-35. Considering this, staff recommends the continuance of this
matter. Pursuant to Section 14-35, Council may, by majority vote, extend the 75-day period for the
hearing. The City Clerk has identified December 21, 2021, as an available date for the item to be
heard and the Parties have indicated they are available for a hearing on that date. .
A continuance benefits both the City and the parties-in interest by providing adequate time for all to be
prepared for the hearing. It also allows sufficient time to obtain the transcript of the August 18, 2020,
Historic Preservation Commission hearing about this matter.
The following is a suggested motion to continue:
“I move to extend the time for consideration of this item as needed to continue to December
21, 2021, the hearing on Ordinance No. 121, 2021, Involuntarily Designating the Moore
Property, 528 West Mountain Avenue, Fort Collins, Colorado, as a Fort Collins Landmark
Pursuant to Chapter 14 of the City Code.”
This item responds to a citizen-initiated (“Applicants”) City Landmark designation request for the
property at 528 West Mountain Avenue, also known as the Moore, Samuel and Jessie, Pro perty (the
“Property”). The Property owners, Jason and Misha Green, (“Owners”) do not support the designation.
Under Municipal Code Section 14-33(c), based on evidence and testimony at two Code-required
hearings, the Historic Preservation Commission moved to forward the designation request to Council
for a final decision. At its regular meeting on May 19, 2021, the Commission passed a resolution 7 -0
(1 absence, 1 vacancy) finding the property to be eligible for Landmark designation under Standard 2,
City of Fort Collins Page 8
Persons/Groups for the property's association with Jessie Moore, an early, accomplished educator in
Fort Collins, and Standard 3, Design/Construction for the property’s status as a significant surviving
example of late-nineteenth century architecture in the City. At the Commission’s regular meeting on
August 18, 2021, the Commission voted 6-0 (1 absence, 2 vacancies) that designation and protection
of the property met the Policies of Municipal Code 14-1(a-b) and the Purposes of Municipal Code 14-
2 (a-f) to a sufficient degree to justify designating the property without the Owners’ consent.
The Owners do not support the designation. If the Property is designated, the current (or future)
Owners would have to remediate and rehabilitate the property under state regul ations and City Code.
Designation would protect the Property's exterior historic character and access to financial incentives
to support rehabilitation work.
(Secretary's Note: Councilmember Canonico withdrew from the discussion of this item due to a
conflict of interest.)
Jim Bertolini, Historic Preservation Planner, stated this item relates to an involuntary historic
designation of the property at 528 West Mountain Avenue. He stated staff is recommending
continuing the item to December 21st based on a request from the property owner. Bertolini
discussed the history of the item and hearings before the Historic Preservation Commission.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Ohlson, to extend the time
for consideration of this item as needed to continue to December 21, 2021, the hearing on
Ordinance No. 121, 2021, Involuntarily Designating the Moore Property, 528 West Mountain
Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the City
Code.
RESULT: POSTPONED TO DECEMBER 7, 2021 [5 TO 0]
MOVER: Emily Francis, District 6
SECONDER: Kelly Ohlson, District 5
AYES: Francis, Arndt, Peel, Ohlson, Gutowsky
ABSENT: Pignataro
RECUSED: Canonico
21. Public Hearing #1 on the 2022 Recommended Budget for the City of Fort Collins. (Hearing was
Held)
This is the first public hearing on the City Manager’s 2022 Recommended Budget for the City of Fort
Collins. The purpose of this public hearing is to gather public input on the 2022 budget. To receive
further public input, a second public hearing is scheduled for Council’s Tuesday, October 5, 2021,
regular meeting at 6:00 p.m. in Council Chambers with the option for remote participation through the
online Zoom meeting platform. Both hearings were set by Council adoption of Resolution 2021-083
at its September 7, 2021, meeting. The City Manager’s 2022 Recommended Budget can be reviewed
at the City Clerk’s Office by appointment only and online at fcgov.com/budget.
On May 19, 2020, Council adopted Ordinance No. 067, 2020, suspending the biennial budget term
requirement in City Code Section 8-1 for fiscal years 2021 and 2022 to allow for a one-year budget
term for both years, and to return to the biennial budget term required by City Code Section 8 -1
beginning with fiscal years 2023 and 2024.
Rose Lew, Fort Collins Sustainability Group, stated the budget as proposed would not maintain
Fort Collins’ leadership role in addressing the Council-recognized climate emergency nor would
it keep the city on track for its 2030 greenhouse gas reduction goal. She provided
recommendations for improvement as suggested by the Fort Collins Sustainability Group.
Julie Stackhouse expressed support for the budget item related to the Economic Growth Plan.
City of Fort Collins Page 9
Cristyn Heightner expressed support for items currently funded by the American Recovery Plan,
including the eviction legal fund, homeless services, and mental health response team. She also
discussed offers related to making engagement and outreach more accessible and equitable and
expressed concern funding for those efforts has not been increased.
Nancy York stated the City could make more of an investment in addressing climate change,
particularly in transportation and in minimizing the use of fossil fuels.
Councilmember Peel expressed appreciation for the community members who read the budget.
Councilmember Ohlson encouraged Council to consider utilizing its budget to address the climate
emergency as it has been made a priority.
Mayor Arndt commended the robust budget process and related staff presentations.
Interim City Manager DiMartino outlined the upcoming budget-related hearing and work session
dates.
RESULT: HEARING WAS HELD
22. Items Related to the Establishment of 1041 Regulations. (Adopted on First Reading)
A. Public Hearing and First Reading of Ordinance No. 122, 2021, Designating Certain Activities
as Matters of State Interest and Imposing a Moratorium on the Conduct of Such Activities Until
City Council Makes a Final Determination Regarding the Adoption of Guidelines for the
Administration of Such Activities.
B. First Reading of Ordinance No. 123, 2021, Appropriating Prior Year Reserves to Support
Completion of the 1041 Regulations Project.
The purpose of this item is to initiate the development of 1041 Regulations by holding a public hearing
to designate activities of statewide interest, and to appropriate funding to support project completion.
The designation ordinance designates the following activities:
1. Site selection and construction of major new domestic water and sewage treatment systems and
major extension of existing domestic water and sewage treatment systems.
2. Site selection and construction of arterial highways and interchanges and collector highways.
Specific reference to a moratorium is included in the designation ordinance until Council adopts
regulations to administer the above two activities. Staff is also seeking further Council direction on
what additional activities or areas, if any, should be included in the project. Should the scope expand
beyond the two activities designated, the appropriation will increase in proportion to the expanded
scope. Staff would return to Council later to hold a public hearing for Council to con sider designating
the additional activities or areas of state interest and adopting regulations.
Kelly Smith, Senior Environmental Planner, provided information related to Council’s July 27
work session during which Council discussed the scope and resources needed to adopt 1041
regulations. She stated Council generally supported the project overall along with a mid-cycle
appropriation to support its completion. Council did not, however, reach a consensus on which
activities should be regulated. She stated the purpose of this item is to consider the adoption of
two ordinances, the first of which would initially designate two activities of statewide interest and
represents the minimum number of activities staff recommends for consideration. The second
ordinance relates to approving a mid-cycle appropriation to facilitate project completion. She
noted the appropriation would increase proportionally should the scope of activities increase.
City of Fort Collins Page 10
Smith stated for the City to exercise 1041 powers, state statute requires that the City must first
designate activities to be regulated through a public hearing, after which a moratorium would be
imposed on projects that fall under that area until Council adopts regulations. She noted Council
is required to consider several aspects related to the designation of activities, including the intensity
of current and foreseeable development pressure, why an activity is of statewide interest, the
dangers of not regulating activities, and the advantages for regulating activities.
Smith stated staff has prepared three options for consideration related to the project’s scope. The
first option involves only the two activities being designated that represent the most immediate
development pressure being faced by the city. Option two adds public utility projects to the scope
and option three would develop regulations for all imminent and potential development that could
occur within the city. Smith provided additional details on each option and discussed the Boards
and Commissions outreach process.
Joe Rowan stated it appears the nature of this request is driven by a desire to kill the NISP project.
He stated little evidence has been provided to show that citizens are unsatisfied with how the SPAR
process has worked to this point. He suggested this should be addressed as part of the regular
budget process if it is to be used as a long-term tool.
Kevin Jones, Fort Collins Area Chamber of Commerce, stated the Ordinance that would place a
moratorium on select development activities while 1041 powers are explored is an abuse of power.
He stated the economic well-being of the region depends on the successful completion of many
regional projects such as NISP and the expansion of north I-25 without delay.
Scott Holwick, attorney with Lyons and Gaddis, spoke on behalf of the East Larimer County Water
District, ELCO. He stated the moratorium could have some unintended consequences for the water
service provided by ELCO.
Karen Artell expressed support for Council adopting 1041 regulations, the impositi on of a
moratorium on any projects involving activities or areas of state interest until regulations are
finalized, using prior year funding to support completion of the 1041 regulation project, and the
staff recommendation regarding portions of the regulations to adopt. She expressed support for
the adoption of option three.
Mayor Pro Tem Francis requested staff follow up on ELCO’s questions, particularly as related to
providing water to Poudre Fire Authority. She also requested additional information regarding
phase three of the ELCO project. Smith replied staff has attempted to provide some flexibility in
preparing the Ordinance; therefore, any development projects not going through SPAR could still
proceed through development review. Additionally, there is a provision in the moratorium
language that provides an opportunity for Council to weigh in on projects that may not be
immediately tied to development projects but that are subject to the moratorium. Smith stated the
ELCO pipeline project has come to conceptual review and stated she believes the project is
partially funded.
Mayor Arndt asked if staff has prepared a list of all projects that would be impacted under each
option. She expressed concern about Council taking an action that would halt projects under all
the topics outlined in option three and requested additional information on the moratorium options.
Smith replied, the moratorium would only apply in option one and should the scope expand to
option two or three, another public hearing would be held to designate those activities. She stated
there is a great deal of flexibility in the state statute and staff is recommending designating the two
activities in option one due to imminent development pressure.
City of Fort Collins Page 11
Mayor Arndt expressed concern about fairness and equity in this process and stated she would not
like one or two projects to feel targeted. She expressed support for the City taking more control
over big projects in the city as it is a home rule municipality and stated she would like to see
regulations around Council’s values rather than around specific projects. Smith replied there are
no specific projects that would be impacted, just specific activities. She noted value statements
have been provided that help to distinguish projects as having statewide interest.
Mayor Arndt asked what power the 1041 regulations hold if projects could apply to City staff for
exemptions. City Attorney Daggett clarified the proposed amendment to the Ordinance provided
earlier today includes a provision that allows a project applicant to apply for staff to process and
present to Council for Council to hold a hearing and evaluate whether the project would be unlikely
to result in significant adverse impacts within the city to public health, safety, and welfare or the
environment and wildlife resources. She stated this would essentially allow projects to be relieved
of the moratorium restriction per a Council hearing.
Councilmember Ohlson stated that while he would prefer option three, the prudent option would
be one as it is fairly limited in scope.
Councilmember Peel asked if the Ordinance was just amended today to include the moratorium
language. City Attorney Daggett replied the Ordinance was published last week including the
moratorium language and the information provided in the read-before packet by staff carves out
some exceptions to the moratorium.
Councilmember Peel stated she believes strongly in local control but is concerned it adds another
layer to the already cumbersome development process. She stated adopting this right now does
not foster regional collaboration and seems rushed.
Mayor Arndt asked what criteria are used to exempt a project from the moratorium. Smith replied,
the projects that could be tied to development applications that would also be reviewed under
development review processes requiring those services for their development would be exempt
and a project could apply to go through the quasi-judicial process before Council. She noted there
is an ELCO transmission line currently in process that would not fall under the moratorium ;
however, the pipeline would fall under 1041 County regulations and the County does currently
have a moratorium on its 1041 permits until its update is complete.
Mayor Arndt asked if there is any discussion about designating projects going forward and making
this prospective rather than retrospective. Smith replied there are currently no projects under
SPAR review that would be subject to the moratorium.
Mayor Arndt asked what determines whether a project goes through SPAR or the development
review process. Smith replied, the development application process is determined by the Land
Use Code and SPAR applies to public projects and structures; however, projects have in the past
been processed through a similar development review process to their associated development
proposal for items such as transmission main extensions or other infrastructure projects.
Councilmember Peel asked if there is another way to adopt 1041 regulations without some of these
unintended consequences. Smith replied, the activities could be designated after engagement has
occurred and regulations are clearly defined; however, part of the designation process requires the
moratorium regardless of when it occurs.
City of Fort Collins Page 12
Councilmember Canonico asked if there is any flexibility with the moratorium. Smith replied, the
moratorium must be imposed once the designation occurs. Once regulations are adopted, the
moratorium can be lifted.
City Attorney Daggett reiterated staff could work on defining regulations prior to a designation so
the process of finalizing the regulations after designation and the moratorium time could be much
shorter; however, that may mean that staff works on regulations that ultimately do not match
perfectly with the scope of regulations in which Council is interested.
Councilmember Peel asked about delay and cost increases associated with an application. Smith
replied between the review and the moratorium, roughly a year would be added to the process.
City Attorney Daggett noted part of the regulations would be to design the process itself if staff
puts together regulations for a 1041 process and part of that could include a timeline.
Mayor Pro Tem Francis stated it appears Council is interested in developing 1041 regulations
which could be done with the moratorium in place given its flexibility, or Council could table the
item until after regulations are developed by staff which would shorten the length of the
moratorium.
Councilmember Peel stated this seems to be creating an additional process which she does not
support; therefore, she would support tabling the item until regulations are developed.
Councilmember Ohlson supported moving forward with option one as this was a Council priority
and adoption of both ordinances is recommended by staff. He stated the moratorium does not
apply to many of the projects mentioned.
Mayor Pro Tem Francis noted the tabling option would not be for the entire process, just the
moratorium. City Attorney Daggett clarified Council could postpone consideration of the
ordinance to a date certain or indefinitely. Additionally, the appropriation ordinance could be
considered separately.
Mayor Arndt suggested the second reading could occur in four weeks rather than two.
Councilmember Ohlson concurred with Mayor Arndt’s suggestion stating the extension would
allow more time to gather additional information.
Councilmember Peel asked what type of information would be gathered between now and second
reading. Mayor Arndt replied it would give the opportunity for more public input and input from
the potentially impacted projects.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Canonico, to adopt
Ordinance No. 122, 2021, on First Reading with Second Reading to occur October 19, 2021.
Councilmember Ohlson made a motion to amend by including the language provided by staff in
the read-before packet related to projects to be exempted from the moratorium. The amendment
was accepted as friendly by Mayor Pro Tem Francis and Councilmember Canonico.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 123, 2021, option one, on First Reading with Second Reading to occur October 19,
2021.
City of Fort Collins Page 13
RESULT: ORDINANCE NO. 123 ADOPTED ON FIRST READING [5 TO 1]
MOVER: Emily Francis, District 6
SECONDER: Susan Gutowsky, District 1
AYES: Francis, Arndt, Canonico, Ohlson, Gutowsky
NAYS: Peel
ABSENT: Pignataro
• OTHER BUSINESS
Consideration of a Motion to go into Executive Session regarding Collective Bargaining Agreement:
Mayor Pro Tem Francis made a motion, seconded by Councilmember Gutowsky, that Council go
into executive session for the purpose of meeting with the City’s attorneys and City management
staff to consider and discuss strategy matters relating to negotiations w ith the Fraternal Order of
Police Lodge No. 3, as permitted under section 2-31(a)(1)(d) of the City Code and Colorado
Revised Statutes Section 24-6-402(4)(e).
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Susan Gutowsky, District 1
AYES: Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
ABSENT: Pignataro
• ADJOURNMENT
The meeting adjourned at 8:38 PM.
______________________________
Mayor
ATTEST:
________________________________
Interim City Clerk