HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/02/2021 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE O Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY November 2, 2021
City Council
STAFF
Tammi Pusheck, Interim City Clerk
SUBJECT
Consideration and Approval of the Minutes of the October 5 Regular Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes of the October 5 Regular meeting.
ATTACHMENTS
1. October 5, 2021 (PDF)
City of Fort Collins Page 1
October 5, 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 DiMartino and interpreters outlined the Spanish interpretation for the
meeting.
The video outlining public participation options was played.
Interim City Manager DiMartino stated Item No. 17, Resolution 2021-092 Making an Appointment
to the Land Conservation and Stewardship Board, has been amended to show a term date ending
December 31, 2024.
• PUBLIC COMMENT
Deneice Dyer stated she was previously a contract dance teacher for the City and her program has
been terminated. She discussed a cease and desist order she was served by the City Attorney’s
Office indicating she was not to have contact with her students and opposed the handling of the
program termination by the Recreation Department.
Connie Cardenas spoke in support of Ms. Dyer’s program and stated many of her students would
not be able to afford another dance program.
Denise Zamora spoke in support of Ms. Dyer’s program and stated it is needed for the future of
the community.
Rob Cagen discussed funding shortages in parks and recreation and suggested a solution of a
quarter cent sales tax dedicated to parks and recreation. He provided draft ordinance language and
encouraged Council to recommend its placement on a ballot.
Mike Scheid, ELCO Manager, discussed the potential negative impact of the City’s adoption of
1041 regulations on ELCO and other service districts.
Ray Martinez expressed concern about the adoption of 1041 regulations and rumored pipeline size
limits. He questioned the lack of stakeholder outreach.
Patrick McMeekin, Hartford Homes, expressed concern about the adoption of 1041 regulations
and potential inadvertent negative impacts. He requested Council oppose the Ordinance on Second
Reading to allow time to identify the actual impacts on local stakeholders and residents.
Rich Stave discussed Item No. 10, First Reading of Ordinance No. 127, 2021, Amending Certain
Sections of Chapter 25 of the Code of the City of Fort Collins Relating to the Imposition, Collection
and Enforcement of the City’s Sales and Use Tax and Requiring Marketplace Sellers and
Marketplace Facilitators to Collect Lodging Tax.
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Leah Casper spoke in support of Ms. Dyer’s program.
Roberta Lesser spoke in support of Ms. Dyer’s program.
Laura Grissom spoke in support of swimming programs and funding for a competitive pool at the
new southeast recreation center.
• PUBLIC COMMENT FOLLOW-UP
Councilmember Pignataro noted one of this Council’s priorities is to access funding for parks, and
the Council Finance Committee will be discussing it with a follow-up work session. She asked
about the funding for the southeast recreation center. Interim City Manager DiMartino replied
there was an appropriation this year to begin some preliminary design and public engagement.
Councilmember Pignataro requested input regarding Mr. Stave’s questions. Jennifer Poznanovic,
Senior Revenue Manager, stated Item No. 10, First Reading of Ordinance No. 127, 2021,
Amending Certain Sections of Chapter 25 of the Code of the City of Fort Collins Relating to the
Imposition, Collection and Enforcement of the City’s Sales and Use Tax and Requiring
Marketplace Sellers and Marketplace Facilitators to Collect Lodging Tax, would align the City’s
sales tax code with the lodging tax code.
Councilmember Ohlson requested clarification regarding pool maintenance issues and whether
funding for a pool at the southeast recreation center is in place. Interim City Manager DiMartino
replied there was a significant funding request for repairs at Mulberry Pool and staff is
recommending pausing on those repairs to allow time for a larger conversation around an aquatic’s
strategy and possible partnering opportunities.
Councilmember Peel asked if there is a plan for additional stakeholder engagement around 1041
regulations. Caryn Champine, Planning, Development, and Transportation Director, replied,
engagement with the district service providers, CDOT, Poudre Fire Authority, developers, and
others has occurred and will continue to occur regarding the applicability of a possible moratorium.
She stated staff is working on this outreach to meet the timeline of the Second R eading. Mayor
Arndt clarified there is currently no moratorium in place.
Mayor Pro Tem Francis noted several contract employees had to either be let go or taken on as
employees to come into compliance with state and federal laws. She stated the opportunity to
become an employee through an application process does exist. Interim City Manager DiMartino
clarified that is accurate.
• CONSENT CALENDAR
Councilmember Peel withdrew Item No. 13, First Reading of Ordinance No. 130, 2021, Adopting
the City’s Wireless Telecommunications Master Plan as an Element of City Plan, from the Consent
Agenda.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Pignataro, to adopt and
approve all items not withdrawn from the Consent Agenda.
Mayor Pro Tem Francis commented on Item No. 9, First Reading of Ordinance No. 126, 2021,
Amending Chapter 25 of the Code of the City of Fort Collins Relating to Sales and Use Tax to
Advance Gender Equity.
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RESULT: CONSENT AGENDA ADOPTED [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
1. Consideration and Approval of the Minutes of the September 7 and September 21 Regular
Meetings. (Adopted)
The purpose of this item is to approve the minutes of the September 7 and September 21 Regular
meetings.
2. Items Pertaining to the Annual Adjustment Ordinance. (Adopted)
A. Second Reading of Ordinance No. 113, 2021, Making Supplemental Appropriations in and
Authorizing Transfers of Appropriations from Various City Funds.
B. Second Reading of Ordinance No. 114, 2021, Appropriating Prior Year Reserves in Various City
Funds.
These Ordinances, unanimously adopted on First Reading on September 21, 2021, appropriat e
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 departments to offset specific
expenses.
3. Second 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)
This Ordinance, unanimously adopted on First Reading on September 21, 2021, appropriates
$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 nee d 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 $388,000 in reserves in the Natural Areas Fund
for use in 2021 for clean-up of the dump at Bobcat Ridge Natural Area.
4. Second Reading of Ordinance No. 116, 2021, Making a Supplemental Appropriation of Grant
Funds to Apply Toward the Purchase of an Electric Street Sweeper and Charging Station.
(Adopted)
This Ordinance, unanimously adopted on Second Reading on September 21, 2021, appropriates
$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.
5. Second Reading of Ordinance No. 117, 2021, Making Supplemental Appropriations for the Debt
Service Payment for the Northern Colorado Drug Task Force Facility. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 21, 2021, appropriates
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.
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6. Second 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. (Adopted)
This Ordinance, unanimously adopted on First Reading on September 21, 2021, enables 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. These funds will be used 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.
7. Items Relating to Updates to Fort Collins Utilities Water Supply Requirements. (Adopted)
A. Second 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. Second Reading of Ordinance No. 120, 2021 Making Various Amendments to the City of Fort
Collins Land Use Code Regarding Landscape Water Use.
These Ordinances, unanimously adopted on First Reading on September 21, 2021, adopt 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.
8. First Reading of Ordinance No. 124, 2021, Appropriating Philanthropic Revenue Received by
City Give for the Golf Division's Youth Golf Scholarship Fund. (Adopted)
The purpose of this item is to appropriate $7,500 in philanthropic revenue received from Ted and
Marguerite Garfield by City Give for the Golf Division’s Youth Golf Scholarship Fund. The designated
purpose of the gift is to generate enthusiasm, increase access, and promote participation in the game
of golf among junior golfers (ages 17 and under) in the local community through City golf courses.
9. First Reading of Ordinance No. 126, 2021, Amending Chapter 25 of the Code of the City of Fort
Collins Relating to Sales and Use Tax to Advance Gender Equity. (Adopted)
The purpose of this item is to establish an exemption from the City’s sales and use tax for menstrual
care products, which is one of the 2021-2023 Council priorities to advance gender equity in the City’s
Sales Tax Code.
10. First Reading of Ordinance No. 127, 2021, Amending Certain Sections of Chapter 25 of the Code
of the City of Fort Collins Relating to the Imposition, Collection and Enforcement of the City’s
Sales and Use Tax and Requiring Marketplace Sellers and Marketpla ce Facilitators to Collect
Lodging Tax. (Adopted)
The purpose of this item is to amend four sections in Chapter 25 of the City Code to provide clarification
of certain enforcement mechanisms for untimely or deficient sales and use tax returns, and to estab lish
that marketplace sellers and marketplace facilitators are required to collect and remit the City’s lodging
tax.
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11. First Reading of Ordinance No. 128, 2021, Amending Chapter 26 of the Code of the City of Fort
Collins to Make Various Updates Regarding the Wastewater Utility Pretreatment Program.
(Adopted)
The purpose of this item is to gain approval for recommended Wastewater City Code updates for
industrial discharges because of a U.S. Environmental Protection Agency (“EPA”) approved local limits
study. Second reading is scheduled for November 16, 2021, to permit a 30-day period for public
comment.
12. First Reading of Ordinance No. 129, 2021, Designating the Portner Property, 201 South Loomis
Avenue, 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 Proced ures adopted in Resolution
2019-064.
The purpose of this item is to request landmark designation for the property at 201 South Loomis
Avenue. In cooperation with the property owner, staff and the Historic Preservation Commission have
determined the property to be eligible for designation under Standard 3, Design/Construction for the
property's significance as a strong example of Free Classic Queen Anne architecture in the Loomis
Addition. The owner is requesting designation, which will protect the property's exterior and access to
financial incentives for historic property owners.
13. First Reading of Ordinance No. 131, 2021, Vacating Portions of Stuart Street Right -of-Way, and
Vacating All of Alabaster Court and Coromandel Circle Rights-of-Way, all as Dedicated on The
Pulse P.U.D. Filing One. (Adopted)
The purpose of this item is to vacate portions of Stuart Street right-of-way and vacate all Alabaster
Court and Coromandel Circle rights-of-way that were originally intended to be built in connection with
the Pulse P.U.D. Filing One development. Pulse P.U.D. Filing One would have extended Stuart Street
from its current termination west of Shields Street into its development but was never constructed and
has since expired. With the approval of The Quarry by Watermark project in place of Pulse P.U.D.
Filing One, private roadways instead of public streets would be constructed, no longer requiring the
street rights-of-way.
14. Resolution 2021-90 Authorizing Execution of Adoption Agreements to Finalize Plan Changes
to the 457(b) Deferred Compensation Plan and Service Directors’ and Council Employees’ Plan
401(a) Plan. (Adopted)
The purpose of this item is to seek Council authorization to execute updated adoption agreements of
the 457(b) Deferred Compensation Plan and the 401(a) Service Directors’ and Council Employees’
Plan. Council is asked to consider and approve the updated adoption agreements prepared by
Nationwide Retirement Solutions, Inc. on behalf of the City.
15. Resolution 2021-091 Adopting the Recommendations of the Council Committee Regarding the
Recruitment and Selection of a City Manager. (Adopted)
The purpose of this item is to review and consider the ad hoc Council Committee’s recommendations
regarding the recruitment and selection of a City manager. Council will consider adoption of a plan and
schedule for City Manager recruitment and selection process.
16. Resolution 2021-092 Making an Appointment to the Land Conservation and Stewardship
Board. (Adopted)
The purpose of this item is to fill a vacancy on the Land Conservation & Stewardship Board due to the
resignation of Kelly Ohlson upon his election to City Council.
• COUNCILMEMBER REPORTS
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Mayor Arndt reported on employees currently attending the International Council-Manager
Association meeting. She also reported the City was chosen for the Bloomberg Harvard Mayor’s
Initiative.
Councilmember Gutowsky reported on attending the celebration of the Rafael Lopez community
mural. She also reported on attending the Behavioral Health Policy Council meeting during which
gun safety, particularly as related to teen suicide, was discussed. She stated the groundbreaking
for the new behavioral health facility will be December 8th.
Councilmember Canonico reported on attending the Art in Public Places Board meeting during
which the new asphalt mural program was discussed. She also reported on attending a Suicide
Prevention Alliance gathering, a Fossil Ridge High School debate class, and the Immigration Town
Hall at CSU.
Councilmember Peel reported on attending the Colorado Municipal League meeting and
commended the presentations by City employees. She also reported on a meeting with the staff at
Crossroads Safehouse and on participating in the Cityworks CSU class. She announced a listening
session for October 23rd.
Mayor Arndt asked if there were any objections to considering the budget item prior to Council-
Pulled Consent Items. No objections were heard.
• CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
17. First Reading of Ordinance No. 130, 2021, Adopting the City’s Wireless Telecommunications
Master Plan as an Element of City Plan. (Adopted on First Reading)
The purpose of this item is to seek adoption of the Wireless Telecommunications Master Plan (the
“Plan”) to address the growing demand for wireless service in the community and align local policies
and regulations to be subsequently adopted with community preferences and recent state and federal
legislation. The Plan provides goals, policies, and implementation strategies to inform recommended
updates to the City’s Land Use Code and administrative policies to ensure the community can be more
strategic during the review of new wireless communication infras tructure.
Councilmember Peel expressed concern about wireless capacity in her district noting it is a matter
of safety. She stated she will not vote against the wireless plan but expressed concern the City is
behind in developing a comprehensive future-thinking plan to provide adequate cell service to the
entire city.
Mayor Arndt stated there is a gap in cell service in south Fort Collins due to equipment being
removed from Platte River Power Authority poles because of a contract ending. She suggested
the City may be able to approve a mobile unit to make up for that service until a permanent solution
is found.
Rich Stave thanked Councilmember Peel for pulling the item. He discussed the adaptation of
transmitters to the environment and stated he does not understand the purpose of the ordinance.
Councilmember Ohlson concurred with Councilmember Peel and asked if it would be possible to
utilize some of the federal recovery dollars to help move the plan along. Interim City Manager
DiMartino replied staff could research options. Will Lindsey, City Planner, noted many cell sites
co-located on Platte River Power Authority’s lines have been decommissioned as leases expire.
He noted providers have been aware of the expiration dates of leases and agreed some type of
emergency temporary coverage authorization could be a good solution.
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Mayor Arndt stated she would be in favor of a mobile cell coverage unit as it is a safety issue.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Peel, to adopt Ordinance
No. 130, 2021, on First Reading.
RESULT: ORDINANCE NO. 130, 2021 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Shirley Peel, District 4
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
• DISCUSSION ITEMS
18. Public Hearing #2 on the 2022 Recommended Budget for the City of Fort Collins. (Hearing was
Held)
This is the second public hearing on the City Manager’s 2022 Recommended Budget (the “2022
Budget”) for the City of Fort Collins. The purpose of this public hearing is to gather public input on the
2022 Budget. The first public hearing was conducted at Council’s Tuesday, September 21, 2021,
regular meeting. Both hearings were set by Council adoption of Resolution 2021-083 at its September
7, 2021, meeting. The 2022 Budget can be reviewed at the City Clerk’s Office by appointment only
and online at fcgov.com/budget.
Catherine Carabetta, Parks and Recreation Advisory Board, expressed support for five currently
unfunded offers: 35.8, Library Park irrigation, 41.3, City Park train and tennis/pickleball court
improvements, 41.4 related to special projects support, 41.5 related to support for evaluating
existing parks and preparing master plans for parks in need of refresh, and 7.14, the Mulberry Pool
HVAC and roof replacement.
Cristyn Hypnar expressed support for the dialogue around making the city more inclusive of
historically underrepresented voices and more equitable for all community members. She
encouraged following up those words with action and funding and discussed defunding areas of
Police Services and the school resource officer program. She stated she would like to see a process
of free, prior, and informed consent written into the budget.
Doug Henderson, Sierra Club Poudre Canyon Group, stated now is the time to act on the climate
crisis. He expressed support for the City’s Climate Action Plan (CAP) and goals; however, he
expressed concern the annual greenhouse gas reductions are not on track to achieve the CAP goal
of 80% reduction by 2030. He requested Council significantly expand offer 1.11, significantly
expand transportation and mobility offers related to public transit, bicycling, and walking,
recognize that methane is a major greenhouse gas that causes significant near-term climate damage
with long-term consequences, significantly expand local and regional air quality monitoring,
Madeline Grigg stated City funding cannot be channeled through the same pathways as it was
before. She stated Council needs to do more to engage and commit to BIPOC-led businesses and
initiatives such as helping income-qualified residents navigate City services, improving
engagement for, and equitable access to, natural areas, energy education and incentives to promote
sustainability and a health climate, increasing internet access, and defunding school resource
officers, among others.
Melisa Devincenzi expressed concern about the possibility of the Mulberry Pool closing due to
unfunded maintenance. She stated the pool needs to be maintained while the City is considering
a long-term strategy. She discussed issues with pool deck flooding at EPIC and stated large meets
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will no longer utilize the facility given those issues. She requested the City work with the school
district to ensure the placement of a competitive pool at the new southeast recreation center.
Greg Gromlich expressed support for funding the Mulberry Pool maintenance and keeping the
pool open.
Torin Koletsky supported removing funding for student resource officers in schools. He requested
details on the mental health response team and asked if those responders could be unarmed. He
questioned why the Police budget has not changed despite calls to decrease it and utilize those
funds for other community needs.
Bob Kingsbury expressed concern there is no designated funding source for the maintenance of
parks and recreation facilities.
Cheryl Gromlilch supported funding for student resource officers.
Emily Gallichotte expressed concern there is not enough funding in the budget for programs
necessary to meet the City’s climate goals. She supported providing adequate funding for
proposals and items that benefit BIPOC community members, including not increasing funding
for the police department and removing funding for student resource officers. She questioned what
data went into making the police funding decisions.
Nancy Eason expressed concern regarding the use of the American Rescue Plan Act funds and
requested assurance they are to be used appropriately.
Kevin Cross, Fort Collins Sustainability Group, stated the greenhouse gas reductions in the
recommended budget only amount to about 1/3 of what is necessary to make steady progress
toward the 2030 goal.
Karen Artell stated she would like to see the City follow through on its stated priorities to improve
air quality. She also requested the City implement a regional air quality monitoring system.
Dr. Cory Carroll expressed support for budget offers related to climate change and supported
funding for continuous air quality monitoring.
Casey Setash expressed concern the budget does not do enough to support climate change goals,
particularly in terms of transportation and utilities.
Councilmember Ohlson asked how the aquatics plan will be developed within a couple months.
He suggested there should be fair share payments from the Poudre School District. He also
encouraged additional air quality monitoring and reporting and climate related expenditures. He
stated five sworn police officers are being funded to work with mental health professionals and
stated the budget is designed to ensure Police Services has the resources it needs to serve the
community while also making necessary improvements.
Councilmember Canonico asked if there is a budget offer for the EPIC pool deck drainage issue.
Interim City Manager DiMartino replied there is a budget offer; however, it is not currently
recommended for funding. She stated staff has been considering the aquatics plan timing for the
2023 budget.
Councilmember Canonico concurred with Councilmember Ohlson that she would like to see more
information on how the climate goals will be reached and how this budget will help with that.
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Interim City Manager DiMartino replied, the budget leadership team met today to discuss how to
equip and prepare Council and there will be more options coming forward regarding climate action
and air quality.
Mayor Arndt concurred air quality monitoring and climate action goals should be prioritized and
agreed Poudre School District should participate in pool funding. She stated funding for
maintenance and operations should always be part of any construction.
(Secretary’s Note: The Council took a brief recess at this point in the meeting.)
RESULT: HEARING WAS HELD
19. Items Relating to Updated Council Meeting Rules and Procedures. (Postponed to Date Certain)
A. First Reading of Ordinance No. 132, 2021, Amending Article II, Division 2 of Chapter 2 of the Code
of the City of Fort Collins Pertaining to the Conduct of City Council Meetings.
B. Resolution 2021-093, Adopting Amended Rules of Procedure Governing the Conduct of City
Council Meetings and Council Work Sessions.
The purpose of this item is to update the Rules of Procedure for Council meetings and work sessions
to simplify and update meeting procedures, to modify provisions for removal and consideration of items
from the consent calendar and to clarify when the use of remote technologies is permitted.
Ginny Sawyer, Senior Policy and Project Manager, discussed the proposed meeting protocol
changes that are to be codified, including remote Councilmember participation, but not remote
voting, clarifying what would happen for Executive Sessions for participating and voting remotely,
and providing options for Consent Agenda changes. She noted the word ‘citizen’ has been
replaced with ‘resident’ or ‘public’ throughout the protocols and stated some rules for friendly
amendments have been added and the rule for a vote at 10:30 PM to continue the meeting has been
removed.
Emily Gallichotte thanked staff for updating the language to remove references to ‘citizen’ and
encouraged changing all references to ‘his or her’ to ‘their’ to align with the City’s goals of equity,
inclusion, and diversity. She supported option B to allow any individual to pull items from the
Consent Agenda. She also supported allowing individuals to speak to multiple agenda items.
Rich Stave supported option B to allow any individual to pull items from the Consent Agenda.
Councilmember Canonico asked if the public would need to reach out to Councilmembers prior to
the meeting if option A is selected. City Attorney Daggett replied, the proposed rules under option
A would allow for public comment during which time someone could ask Council to remove an
item from the Consent Agenda.
Councilmember Canonico supported changing ‘his and her’ to ‘their.’
Councilmember Ohlson also concurred with appropriate language changes. He supported option
B to allow any individual to pull items from the Consent Agenda. He suggested clarifying in the
rules where a second to a motion is required and allowing individuals to speak to any item at the
beginning of the meeting; however, not allowing that same individual to speak again wh en the
item falls on the agenda.
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Councilmember Pignataro asked if there will be instances wherein remote technology may not be
provided. City Attorney Daggett replied the language was meant to describe situations wherein
there may be an occasion in which technology access varies.
Councilmember Pignataro asked if clarification could be added regarding residents speaking to
appealable items. City Attorney Daggett reviewed the proposed language, which is like the
previous language, and asked if it would be helpful to include language related to the Code
provision that specifies matters than can be appealed to Council. Councilmember Pignataro
replied in the affirmative.
Councilmember Pignataro asked about time limits for remote speakers. City Attorney Daggett
replied, it could be beneficial to include specific language around the order of speakers and time
allotments.
Councilmember Pignataro suggested including language that suggests a maximum of three
minutes per speaker but noting it may be less. She also asked if it would be problematic to codify
speakers need to clearly state their name and general address. Members agreed speakers should
state their full name.
Mayor Arndt noted remote voting will be allowed for Council committee meetings, just not regular
Council meetings.
Councilmember Pignataro thanked staff for providing information from other municipalities
around the Consent Agenda topic. She stated Council is elected and given a certain amount of
trust to ensure Consent Agenda items are not nefarious. She stated requiring individuals to request
an item be pulled does not remove rights as there are many reasons an item would be on the
Consent Agenda; therefore, she expressed support for option A.
Councilmember Gutowsky expressed support for option B to allow any individual to pull an item
from Consent.
Mayor Arndt supported option A citing the example of an individual pulling the entire Consent
Agenda and then not being present to discuss the items at the end of the meeting. She stated any
one Councilmember would be able to agree to pulling an item.
Councilmember Gutowsky stated the change appears to be an overreaction to one situation wherein
the entire Consent Agenda was pulled.
Councilmember Ohlson expressed support for option B stating a change would be addressing a
basically non-existent problem.
Councilmember Peel expressed concern that a resident could request an item be pulled and it may
not be discussed if a member does not agree to pull it.
Councilmember Canonico supported option A.
Mayor Pro Tem Francis expressed support for option A stating it is more streamlined and equitable.
She also noted speaking at a Council meeting is not the only way to provide feedback to Council.
She noted most communities do require residents to ask Council to pull an item.
Mayor Arndt noted pulled items, under option A, would be heard much closer to the start of the
meeting, which seems to be more predictable and fairer.
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City Attorney Daggett noted the draft language would consolidate all pulled Consent items to a
time after Council reports.
Councilmember Ohlson clarified there could be a scenario wherein no Councilmember agrees to
pull an item as requested by a citizen, however, he agreed that would be unlikely. He suggested
language in the Resolution needs to be cleaned up and suggested its consideration be postponed
until the Second Reading of the Ordinance. Mayor Arndt concurred.
Councilmember Peel requested additional information on remote participation for Council
meetings and committee meetings. City Attorney Daggett replied, remote participation would be
allowed for any meeting; however, only in-person voting would be allowed for regular meetings.
Councilmember Peel noted this policy would apply to future Councils and concurred with
Councilmember Peel’s concerns that an item requested to be pulled may not be pulled.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Pignataro, to adopt
Ordinance No. 132, 2021, option A, on First Reading.
Mayor Pro Tem Francis stated she supports this option as it is clearer and does not limit public
engagement.
The vote on the motion was as follows: Yeas: Arndt, Pignataro, Canonico and Francis. Nays: Peel,
Gutowsky and Ohlson.
RESULT: ORDINANCE NO. 132, 2021 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Julie Pignataro, District 3
AYES: Canonico, Pignataro, Francis, Arndt, Canonico
NAYS: Peel, Ohlson, Gutowsky
Mayor Pro Tem Francis made a motion, seconded by Councilmember Canonico, to postpone
consideration of Resolution 2021-093 to October 19, 2021.
RESULT: RESOLUTION 2021-093 POSTPONED TO OCTOBER 19, 2021 [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
20. Resolution 2021-094 Establishing a New Standing Council Committee Known as the
Compensation Policy Committee. (Adopted)
The purpose of this item is to establish a standing Compensation Policy Committee to review, discuss
and recommend the total compensation strategy for Council's direct reports, review high -level total
compensation policy matters for the City organization, particularly with respect to matters that bear
directly on budgetary and financial decisions of the Council; and learn more about the comparative
market for and evaluate the compensation paid under the City Charter to members of Council. The
Resolution also appoints the members of the Committee, to be determined by Council.
Teresa Roche, Chief Human Resources Officer, stated this item relates to the formation of a
standing Compensation Committee which would address the total compensation strategy for
Council’s direct reports and address other compensation policy issues.
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Councilmembers Pignataro, Gutowsky, and Peel expressed interest in serving on the committee.
Councilmember Ohlson stated he would like to have the ability to speak at committee meetings.
City Attorney Daggett clarified the meetings will always be public and the practice has been for
other Councilmembers to have the ability to provide input.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Gutowsky, to adopt
Resolution 2021-094, inserting the names of Councilmembers Pignataro, Gutowsky, and Peel as
the members.
RESULT: RESOLUTION 2021-094 ADOPTED [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
21. Resolution 2021-095 Recognizing and Expressing Gratitude to City Employees for Delivering
Exceptional City Service to the Community During a Pandemic and Nearby Forest Fires and
Authorizing a One-Time Payment to Eligible City Employees. (Adopted)
The purpose of this item is to recognize and express gratitude to all eligible City employees in the form
of a one-time payment.
Interim City Manager DiMartino stated this item would authorize one-time gratitude and
appreciation payments to the City workforce. She admitted the process leading up to this item has
not been as smooth as it could have been, but stated the intent is to express gratitude and
appreciation to the City’s employees during this unprecedented year. She outlined the number of
employees who were directly impacted by COVID and discussed the numbers of employees who
are on the front lines. She outlined the proposed benefit amounts being provided to employees
noting the total amount is $2.9 million which will be provided from the existing personnel services
budget.
Mayor Arndt spoke in favor of the payments noting the proposal speaks directly to equity given
they are not based on a percentage of salary.
Councilmember Ohlson opposed the process leading up to this item. He stated he was never asked
his opinion of the item or its proposed cost and stated the proposal should have been provided to
Council earlier and in writing. He also stated the proposed $1,500 payments will cost the City
$2,200. He stated that while this is an allocation, not an appropriation, there is really no difference
and he believes an item of this magnitude should have been on the 6-month planning calendar,
should have been a work session item, and it deserves a public vote. He stated he will not vote in
favor of this given the process and stated this should have been voted on after the budget adoption.
He requested a final report on what this project will cost. Interim City Manager DiMartino replied
that will occur. He requested the City end its practice of hiring 29 hour per week employees to
avoid paying benefits and requested the City not pay any minimum wage jobs. He stated he would
like Fort Collins to have a minimum wage corresponding with state legislation and would like to
move to collective bargaining for all City employees.
Councilmember Pignataro stated her experience with this item is different as it goes back to
decisions that had to be made regarding budget cuts, not instituting raises, and going on a hiring
freeze. She commended the thoughtfulness and equity that went into the process and stated that
while she understands Councilmember Ohlson’s thoughts on the budget, she views the situation
City of Fort Collins Page 13
differently. She also commented on the importance of the City setting an example for other
employers and stated she will proudly be in favor of the proposal.
Councilmember Canonico stated she is thrilled Council gets the opportunity to show City
employees they are the backbone of the organization. She stated it would not have been right to
spend this money on any other priorities as the City’s employees are the only reason other priorities
occur. She commended the equity of the proposal.
Mayor Pro Tem Francis stated this would not normally have come up as part of the budget and
stated the process was different between certain members of Council as some have been having
these conversations for a year and a half. She clarified these dollars were appropriated last year
and the City underspent because it does not have the workforce it needs. She stated this
commitment has already been made to City employees and she is happy to be able to vote in favor
of the item to show appreciation for them. She also noted Poudre Fire Authority approved a similar
program for its employees.
Councilmember Gutowsky stated the communication around this process should have been
improved and she would like to see better communication among Council moving forward;
however, she agreed this has provided an opportunity to publicly appreciate staff members.
Councilmember Peel agreed the process could have been better handled but stated she too could
have communicated better. She expressed appreciation for City staff but stated she also has some
of the same reservations as Councilmember Ohlson as the dollars could potentially be used to help
staff in other ways such has hiring more people. She stated she will defer to the Councilmembers
who have been present on this Council longer and have previously had conversations on this issue
despite her reservations.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Pignataro, to adopt
Resolution 2021-095.
Mayor Arndt thanked the City employees for all they do for the residents of Fort Collins.
Interim City Manager DiMartino thanked Council for the vote and for the constructive dialogue
around improving communication and transparency.
RESULT: RESOLUTION 2021-095 ADOPTED [6 TO 1]
MOVER: Emily Francis, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Gutowsky
NAYS: Ohlson
22. Mountain Ridge Farms HOA Appeal of Excess Water Use Surcharge. (Hearing was Held)
The purpose of this item is to consider the “on the record” appeal of the Mountain Ridge Farm
Homeowners Association (HOA), brought by the HOA’s property manager T ouchstone Property
Management (Touchstone), regarding Fort Collins Utilities’ (Utilities) decision (final decision, dated
July 9, 2021), upholding the application of the Excess Water Use Surcharge (surcharge) to one of the
HOA’s sprinkler accounts, located at 1103 Wabash Street for water use in 2020. The appeal was filed
on July 23, 2021.
City Attorney Daggett reviewed the appeal process and stated this item seeks Council’s review of
the July 9, 2021, decision by a Utilities Hearing Officer who was acting on behalf of the Utilities
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Executive Director, who had a conflict of interest in the matter, to uphold water surcharges
invoiced to Mountain Ridge Farms HOA for its water irrigation taps.
Kathy Louderback, Touchstone Property Management, identified herself as one of the appellants.
Kris Walsh, Pyramid Landscape, identified himself as the landscaper for Mountain Ridge Farms
HOA.
Mayor Arndt allocated presentation time.
Wendy Serour, Utilities Customer Connections, discussed the water surcharge charged to
Mountain Ridge Farms HOA in 2020 and outlined the Utilities customer hearing process. She
noted Utilities customers in 2020 were not notified about their excess water use surcharges until
December due to a delay in the Utilities billing system. She stated the customer’s request to waive
the excess water use surcharges was not granted by the Hearing Officer as Code does not allow
for those waivers; therefore, Council is not responsible for determining whether the Utilities
Hearing Officer failed to properly interpret and apply relevant City Code sections.
Serour discussed the water tap system at Mountain Ridge Farms noting it has two irrigation taps,
one of which exceeded its allotment in 2020 resulting in excess water use surcharges of $7,745.97.
She also noted the second tap was unknowingly shut off at some point in 2020, leaving the
remaining tap responsible for all irrigation resulting in the excess water use. She stated the
customer was offered a six-month payment arrangement and payments were started on that plan,
but then stopped.
Ms. Louderback noted the HOA did not exceed its allotment for both taps in total and has not for
many years. She stated it was not possible to notice that one tap was over its allotment given the
loop system of the two taps. She also stated the HOA has previously shut off its water to avoid
incurring excess water charges and stated it would have done so if notified prior to December, as
was the case given the billing error.
Mr. Walsh noted the HOA was down in water use in total for 2020 and stated the main reason for
this was the billing error.
Councilmember Pignataro asked if the charge mentioned was the entire water bill or just the
excess. Lance Smith, Utilities Hearing Officer for this item, replied that was just the excess
surcharge.
Councilmember Pignataro asked what the surcharge would have been had the HOA been made
aware of the overage in August. Smith replied he would do that calculation and respond.
Councilmember Pignataro asked about water use notifications. Serour replied these accounts are
signed up for a program called My Water which helps customers manage monthly water use.
Councilmember Pignataro asked how many of the customers who were affected by the billing error
were on a looped system such as this. Serour replied she could look up information as to how
many accounts were affected; however, she does not know how many are irrigation accounts, and
the City does not tract which ones are on a looped irrigation system.
Smith stated the first time the HOA would have been notified of the water exceedance would have
happened in its September bill, which would have reflected an overage in the month of August of
517,088 gallons which would have incurred a surcharge of $5,217.42.
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Councilmember Pignataro asked if appeals need to be procedural. City Attorney Daggett replied,
appeals can either involve an unfair decision-making process or a situation in which the decision
maker did not properly interpret and apply relevant laws.
Councilmember Gutowsky asked if there is no provision for averaging the use of two taps. Serour
replied in the affirmative.
Councilmember Gutowsky asked why the customer did not receive the My Water notification.
Serour replied, the email notification did go out; however, the email address was not up to date.
Councilmember Gutowsky noted there still would have been a surcharge in the September bill had
the billing system been accurate.
Mayor Arndt asked if the agreement with Utilities is for a certain allotment per tap. Smith replied
in the affirmative and stated charging is done per meter, and there are two in this case.
Mayor Pro Tem Francis stated it appears there would have been a way to fix the issue if the HOA
had received the overage bill in a timely manner. Serour concurred.
Mayor Pro Tem Francis stated she would deny the appeal as it does not fall under the identified
Code Section; however, she stated she would be willing to discuss forgiving the difference between
the September and total bill to acknowledge the City’s billing error.
Councilmember Canonico noted the customer could look at the utilized water throughout its billing
cycles and asked if the overage notification is a courtesy. Serour replied in the affirmative and
stated the My Water tool is provided to help customers manage their accounts.
Councilmember Peel requested clarification on the delay. Serour replied the customer received a
bill every month; however, the excess water use surcharge was not on the bill until the end of the
year due to a billing system error. They would have typically seen an extra water use surcharge
beginning on the September bill.
Mayor Arndt noted there were payments on the six-month payment plan that started. Ms.
Louderback stated the HOA sent in a complaint in December stating their disagreement with the
charges, at which time they were told there would not be a waiver but there could be a six -month
payment plan and the City stated payments were required despite the appeal.
Councilmember Pignataro asked if the bill for the broken tap was exceptionally low, thereby
alerting the customer to a possible issue. Smith replied the second tap had only a minimum charge
per month for June, July, and August because there was zero consumption on it. He stated that
should have been a clear indication that no water was flowing through that meter. He also noted
neither bill was paid in July but were paid in early August to become current.
Mayor Pro Tem Francis made a motion, seconded by councilmember Gutowsky, that the relief
requested by the Appellant be denied because, based on the evidence in the record and received at
this hearing:
o The Appellant based its request for relief in the Notice of Appeal exclusively on City Code
Section 26-721(4)(b), which concerns water meter failures;
o There were no water meter failure issues in this appeal; and
o The Utilities Hearing Officer properly interpreted City Code Section 26-721(4)(b).
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The vote on the motion was as follows: Yeas: Canonico, Francis, Arndt, Pignataro, Peel and
Gutowsky. Nays: none.
RESULT: HEARING WAS HELD
• OTHER BUSINESS
Mayor Pro Tem Francis noted there was also an error on the City’s part regarding the Mountain
Ridge Farms HOA appeal and she requested and received Council support to forgive the difference
of $2,528.55 between the overall surcharge and what would have been the September bill
surcharge.
Mayor Arndt requested information as to whether there could be a mechanism wherein a looped
system could be recognized and billed as such. Serour replied, the current billing system would
not support that.
Councilmember Pignataro noted the Code does not allow for the City to be at fault and suggested
there may be further exploration of such an inclusion. City Attorney Daggett stated the billing
error provision in the Code has been modified a few times and staff can provide information for
additional discussion about possible modifications.
Mayor Pro Tem Francis requested and received Council support to remove the downtown 2AM-
6AM no parking signs.
• ADJOURNMENT
The meeting adjourned at 11:10 PM.
______________________________
Mayor
ATTEST:
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Interim City Clerk