HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/16/2021 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE O Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY November 16, 2021
City Council
STAFF
Tammi Pusheck, Interim City Clerk
SUBJECT
Consideration and Approval of the Minutes of the October 19 Regular Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes of the October 19 Regular meeting.
ATTACHMENTS
1. October 19, 2021 (PDF)
City of Fort Collins Page 38
October 19, 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
Mayor Arndt outlined the current COVID safety protocols.
The video outlining public participation options was played.
Interim City Manager DiMartino stated there were no changes to the published agenda.
• PUBLIC COMMENT
Jorie Kramer, FC Public Media, offered an invitation to Community Media Day on October 20 th
and encouraged residents to tour the FC Public Media studios at the Carnegie Creative Center.
Eric Delano, FC Public Media, discussed the importance of community media.
Doug Henderson, Sierra Club Poudre Canyon Group, discussed harmful and often illegal
emissions from oil and gas facilities. He showed a video of emissions coming from Prospect
Energy facilities in northeast Fort Collins.
Susan Klibbe discussed her experience with her yard signs being reported as violating the Land
Use Code. She questioned the Code regulations on behalf of all residents who wish to express
themselves through yard signs.
Jonathan Singer, League of Oil and Gas Impassioned Coloradoans, discussed the need for real
time air quality monitoring of oil and gas facilities.
Tatiana Ogan discussed the Code language related to yard signs and stated it should be fairly and
equitably enforced.
Gayla Maxwell Martinez urged Council to prioritize the effort to provide continuous air quality
monitoring.
Veronica Olivas expressed support for a review of the Code compliance issue regarding yard signs.
Dr. Cory Carroll discussed the importance of addressing air quality in the community and
discussed the risks associated with fracking.
Tim Gosar, Larimer Alliance for Health, Safety, and the Environment, encouraged the City to
partner with the County to enforce the oil and gas regulations it has passed and started to
implement.
Shayla Peel, Councilmember Peel’s daughter, thanked Council for the Domestic Violence
Awareness Month proclamation.
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Kevin Cross, Fort Collins Sustainability Group, urged Council and staff to not become complacent
about the city’s ability to make further progress in the reduction of greenhouse gas emissions. He
encouraged the City to plan to make greater sustained annual greenhouse gas emissions reductions
and associated investments than those proposed in the 2022 recommended budget.
Andrew Klooster, Earthworks, discussed his work in air quality monitoring and showed a video
of emissions from a Prospect Energy facility in the Hearthfire neighborhood. He stated these
emissions pose a direct threat to the health of nearby residents. He encouraged continuous air
quality monitoring and supported partnering with the County to acquire the training and equipment
to conduct frequent inspections.
Von Bortz stated he lives 1,200 feet from the facility shown in the video and stated he assumed
the City was monitoring air quality at the site; however, he stated that has not occurred. He
questioned why monitoring and enforcement has not occurred.
Andrew Cole, Verizon, expressed support for the Wireless Master Plan proposed for adoption;
however, he noted there are some unique aspects of existing policy in Fort Collins that make
deployment of wireless infrastructure a challenge. He suggested the City’s regulations that control
the placement, design, and other wireless impacts should be modernized and specifically supported
the Plan’s recommendations to consider allowing wireless facilities in more zoning districts and
the use of public properties for wireless infrastructure.
Rich Stave discussed ozone pollution. He stated oil and gas operations should be handled by the
state and overemphasizing the participation of the City may not be in the best interest of all
residents.
• PUBLIC COMMENT FOLLOW-UP
Councilmember Pignataro requested a memo of clarification regarding the Code language, First
Amendment legalities, and necessary changes regarding the yard signs mentioned. She requested
input regarding the air quality issues and asked about the work session on oil and gas that was
supposed to have occurred in the fourth quarter. Interim City Manager DiMartino replied that
work session has been rescheduled for March 22. Cassie Archuleta, Air Quality Program Manager,
confirmed the work session has been delayed until March; however, staff is working on Code
updates, specifically as related to real-time monitoring. She noted work with the County and
engagement with the operator regarding funding for those efforts are needed.
Mayor Pro Tem Francis asked whether the County can provide enforcement for these sites that are
just outside City limits. Archuleta replied the County recently adopted its new regulations and is
working to identify resources to work on enforcement. She stated the County engaged the State
to determine what kind of follow-up could be done given the emissions information.
Councilmember Ohlson stated he would like to get some information on Code references to yard
signage not related to elections and asked if it is being enforced on a complaint basis. He requested
information as to the cost of instituting a best practice air quality monitoring system in cooperation
with the County by the first reading of the budget in two weeks.
Councilmember Peel thanked her daughter for her work with domestic violence survivors.
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Councilmember Gutowsky supported taking the time to investigate equitable enforcement of the
Code as related to yard signs.
• CONSENT CALENDAR
Councilmember Gutowsky withdrew Item No. 14, Resolution 2021-098 Making an Appointment
to the Planning and Zoning Commission, from the Consent Agenda.
John Elder withdrew Item No. 11, Items Relating to the Purchase and Sale Agreement for City
Owned Land at 3620 Kechter Road, 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.
(Secretary’s Note: The Council took a brief recess at this point in the meeting.)
RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
1. Second Reading of Ordinance No. 124, 2021, Appropriating Philanthropic Revenue Received
by City Give for the Golf Division's Youth Golf Scholarship Fund. (Adopted)
This Ordinance, unanimously adopted on First Reading on October 5, 2021, appropriates $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.
2. Second 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)
This Ordinance, unanimously adopted on First Reading on October 5, 2021, establishes 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.
3. Second Reading of Ordinance No. 1 27, 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. (Adopted)
This Ordinance, unanimously adopted on First Reading on October 5, 2021, amends 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 establish that marketplace sellers and marketplace
facilitators are required to collect and remit the City’s lodging tax.
4. Second 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 Procedures adopted in Resolution
2019-064.
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This Ordinance, unanimously adopted on First Reading on October 1, 2021, adopts a 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.
5. Second Reading of Ordinance No. 130, 2021, Adopting the City’s Wireless Telecommunications
Master Plan as an Element of City Plan. (Adopted)
This Ordinance, unanimously adopted on Second Reading on October 5, 2021, will adopt 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 infrastructure.
6. Second 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)
This Ordinance, unanimously adopted on First Reading on October 5, 2021, vacates portions of Stuart
Street right-of-way and vacates 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.
7. First Reading of Ordinance No. 133, 2021, Making Supplemental Appropriations for Promotion
and Education Regarding the SPIN E-Bike / E-Scooter Micro Mobility Share Program. (Adopted)
The purpose of this item is to request an appropriation of $10,000 of unanticipated revenue received
by the Transportation Services Fund from Skinny Labs, Inc., d/b/a SPIN (“SPIN”) in accordance with
terms of the Services Agreement between the City and SPIN, the City’s e-bike/e-scooter share vendor.
The funds will be used for promotion of and education about the e-bike/e-scooter program.
8. First Reading of Ordinance No. 134, 2021, Making Supplemental Appropriations in the General
Fund for the Environmental Services Indoor Air Quality Programs from the US Environmental
Protection Agency Grant. (Adopted)
The purpose of this item is to appropriate unanticipated grant reve nue in the General Fund for the
Environmental Services Indoor Air Quality Programs. This appropriation includes $200,000 of grant
revenues provided by the U.S. Environmental Protection Agency (EPA) to better address indoor air
quality and health concerns for underserved community residents through enhanced indoor air quality
and energy efficiency programs.
9. First Reading of Ordinance No. 135, 2021, Appropriating Prior Year Reserves and Authorizing
Transfers of Appropriations for the East District Mainten ance Facility Project and Related Art
in Public Places. (Adopted)
The purpose of this item is to appropriate additional funding for the East District Maintenance Facility.
An additional appropriation of $1.2 million is needed for the East District Maintenance Facility,
proposed to be constructed near the intersection of Drake & Ziegler. The maintenance facility will
house equipment and staff for the East Park District, which includes multiple parks on the east side of
the City. The additional appropriation is needed to fund necessary elements of the project, as well as
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to account for material cost escalations which are largely the result of the COVID-19 pandemic.
Additional appropriations will come from dedicated park impact fees.
10. First Reading of Ordinance No. 136, 2021, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary to Construct Public Improvements for the South
College Avenue-Trilby Road Intersection. (Adopted)
The purpose of this item is to request Council to authorize the use of eminent domain, if deemed
necessary, to acquire property interests needed for constructing improvements for the project.
11. Resolution 2021-096 Approving an Intergovernmental Agreement Between the City of Fort
Collins and the United States Drug Enforcement Administration to Staff an Anti -Narcotics
Trafficking Taskforce. (Adopted)
The purpose of this item is to obtain approval for an Intergov ernmental Agreement between the City
and the United States Drug Enforcement Administration (DEA) to station one Fort Collins Police
Services (FCPS) police officer with a DEA anti-narcotics trafficking taskforce headquartered in Denver.
12. Resolution 2021-097 of the Council of the City of Fort Collins Making Findings of Fact and
Conclusions of Law Regarding the Mountain Ridge Farms HOA Appeal of Excess Water Use
Surcharge. (Adopted)
The purpose of this item is to make findings of fact and conclusions regarding the appeal of the Fort
Collins Utilities hearing officer decision to deny a request to waive excess water use surcharges
imposed pursuant to City Code Section 26-149(d) that were incurred during 2020 for a Fort Collins
Utilities sprinkler account located at 1103 Wabash Street, owned by the Mountain Ridge Farms HOA.
The appeal was heard by Council on October 5, 2021. At the conclusion of the hearing, Council
determined that;
1. 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;
2. there were no water meter failure issues in this appeal; and
3. the Utilities Hearing Officer properly interpreted City Code Section 26-721(4)(b);
and voted to deny the appeal.
• STAFF REPORTS
A. Staff Report: Community Greenhouse Gas Inventory.
Honore Depew, Climate Program Manager, stated the two staff reports will provide the
preliminary results from the 2020 Community Greenhouse Gas Inventory and the 2020 Municipal
Greenhouse Gas Inventory. He discussed Fort Collins’ ambitious climate goals and stated
greenhouse gas mitigation is one part of Our Climate Future, which was adopted in March.
Adele McDaniel, Environmental Data Analyst, stated the City’s 2020 greenhouse gas goal was to
be 20% below 2005 levels, 2030 goal is to be 80% below 2005, and to be carbon neutral by 2050.
She stated preliminary results show Fort Collins is 24% below 2005 levels for 2020. She stated
the final results will be determined once federal data related to Industrial Processes and Product
Use emissions are factored into the calculations. She discussed the reasons behind the reductions
and commented on the work it will take to get to the 2030 goal.
Councilmember Pignataro asked about incremental versus larger changes. McDaniel replied the
three critical strategies: 100% renewable electricity, universal composting, and expanded regional
and local transit, lay the groundwork for further and deeper reductions to occur; therefore, there
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will be smaller, incremental changes in the next few years with more dramatic changes yearly
nearer the end of the decade.
Councilmember Pignataro asked how the reductions gained due to stay-at-home orders will be
accounted for in upcoming years. Depew replied staff is looking at non -linear progress as the
norm and there will likely be a bump in emissions in next year’s inventory based on more normal
commuting patterns; however, that will hopefully be offset by the myriad efforts around transit
planning, bicycling, and car sharing.
Mayor Pro Tem Francis commended the presentation and stated part of a deeper dive into the data
could include the impacts of the pandemic on the numbers.
B. Staff Report: Municipal Greenhouse Gas Inventory and Municipal Sustainability Report.
Michelle Finchum, Environmental Sustainability Lead Specialist, stated this presentation will
address the greenhouse gas inventory for the municipality. She discussed the strategies utilized
including the operation of the City fleet, renewable energy production at City sites, and energy use
at City buildings. She stated the carbon neutral goal for the municipality mirrors the Our Climate
Future targets and noted the City organization met the 20% reduction goal in 2017 and is now 44%
below the 2005 levels. She discussed some of the reasons for the larger reduction and outlined the
Municipal Sustainability and Adaptation Plan goals that will help the organization reach the 2030
goal.
Mayor Arndt commended the presentation and the work of the organization.
• COUNCILMEMBER REPORTS
Mayor Arndt reported on riding in the new electric street sweeper. She announced she and others
will be travelling to Washington, D.C. to lobby the federal delegation.
Councilmember Canonico reported on attending the air show at the Northern Colorado Regional
Airport, the unveiling of the Hand That Feeds sculpture at Sugar Beet Park, the first Avelo Airlines
flight at the Airport, and the inaugural Policy Academy graduation.
Councilmember Peel reported on the air show and the first Avelo flight to Burbank. She
congratulated the newest Police Academy graduates and reported on a visit to Jerry’s Art-a-Rama
for small business season. She highlighted Domestic Violence Awareness Month and announced
a listening session on Saturday.
Councilmember Gutowsky reported on the air show, Avelo Airlines flight, and Police Academy
graduation. She also reported on attending the Resident’s Police Academy and encouraged
residents to attend.
• CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
13. Resolution 2021-098 Making an Appointment to the Planning and Zoning Commission.
(Adopted as Amended)
The purpose of this item is to appoint one individual to fill a vacancy on the Planning and Zoning
Commission.
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Jerry Gavaldon expressed disappointment in this process and discussed his experience and
qualifications for the position. He stated he is the only person of Hispanic heritage to apply, and
the City should follow through on its diversity goals.
Gina Janett supported appointing Kathryn Dubiel to the position and cited her qualifications. She
stated the appointment of a woman would help with the City’s equity and inclusion goals.
Ray Martinez supported appointing Jerry Gavaldon to the position and stated there is an
appearance of prejudice by not appointing him. He also opposed the placement of this item on the
Consent Agenda given the known controversy.
Rory Heath agreed with the speakers regarding the lack of practicing stated goals of equity and
inclusion. He supported the appointment of Kathryn Dubiel.
Melissa Rosas discussed the importance of diversity and the City’s goals of equity and inclusion.
She stated the Commission being composed of one female and six white males does not promote
inclusive engagement that levels diversity. She supported the appointment of Kathryn Dubiel.
Councilmember Pignataro asked the City Attorney to discuss why recommendations cannot be
made based on race, ethnicity, color, gender, or age. City Attorney Daggett replied there are
federal and state constitutional and statutory provisions that preclude the use of protected class
status as a basis for making selections for hiring and appointments of this sort. Therefore, while
the City has a commitment to equity, diversity, and inclusion, there are legal constraints on how
the City can go about pursuing those.
Councilmember Gutowsky made a motion, seconded by Councilmember Ohlson, to adopt
Resolution 2021-098, inserting the name of Jerry Gavaldon.
Councilmember Gutowsky stated she made this motion as she would like to appoint a community
member with diverse lived experience and strong connections to diverse members of the
community. She also cited Mr. Gavaldon’s qualifications.
Councilmember Pignataro discussed the history of the vacancy on the Planning and Zoning
Commission and stated the process was not nefarious. She stated she would not support the
motion, not because Mr. Gavaldon would not fill the role adequately, but because he has already
served, and others should be given the opportunity. She stated Adam Sass has brought something
unique from other candidates and clarified he is not a developer.
Councilmember Ohlson also discussed the history of the vacancy on the Commission noting
Kathryn Dubiel and Jerry Gavaldon were selected as alternates out of 30 applicants, twice. He
opposed the new process utilized by this Council as there were already two named, qualified
candidates who went through the proper process initially. He also opposed the recommendation
being made by only one member of Council as it has historically been two members providing
recommendations. He stated the Commission should not be packed with individuals representing
development interests.
Mayor Pro Tem Francis stated Council adopted a new process because there were conflicting
recommendations. She stated she discussed this appointment with every member of Council and
Adam Sass was shown to be the top candidate across the board. She stated this was a Council
discussion and brings to light the question of whether community members or experts should serve.
She noted there will be another vacancy on the Commission at the end of the year and all candidates
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will be considered for that position.
Councilmember Gutowsky stated she would not like to make a practice of discarding
recommendations of qualified candidates. She questioned whether all members of Council are
going to be interviewing for each Board and Commission moving forward.
Mayor Arndt stated Council adopted this process solely for the Planning and Zoning Commission
appointment.
Councilmember Peel apologized for what was not an ideal process. She stated it is important that
new residents have an opportunity to serve and noted all candidates were well qualified.
Councilmember Canonico agreed the process was not ideal; however, she stated it was the best
decision to start the process anew with the new Council. She stated she would not support the
motion.
Mayor Arndt discussed the importance of honoring experience and discussed the possibility of
utilizing mentors, such as Mr. Gavaldon, in a new process.
Councilmember Gutowsky asked if the upcoming Commission vacancy will utilize the original
process and require applicants to reapply. Mayor Pro Tem Francis replied candidates who applied
and interviewed will not need to reapply and will be considered for the vacancy. City Attorney
Daggett stated the year-end process is typically new each year as there are frequently many
vacancies. She stated the list of alternates generally comes from that process. She stated it would
be helpful for Council to act if it would like this current process to generate the next appointment.
Councilmember Pignataro asked if the interview process could be discussed at a work session.
Interim City Manager DiMartino replied that could be added to the schedule.
Councilmember Pignataro asked when the Boards and Commission Coordinator position is
anticipated to be filled. Kyle Stannert, Deputy City Manager, replied interviews are scheduled for
next week for that position.
Councilmember Gutowsky asked if the application process is currently ongoing for the December
process. Interim City Clerk Pusheck replied the annual recruitment ran from September 13 to
October 17. She stated it was anticipated the Planning and Zoning Commission interviews would
happen earlier to allow time for those who were not selected to reapply. She stated that could be
readdressed given this was a different process. She stated people are being asked to reapply as
there is a new platform being used.
Councilmember Pignataro asked if the deadline could be extended for the Planning and Zoning
Commission. City Attorney Daggett replied this pool of applicants could be allowed to reapply
given they were unaware of the deadline and possible need to reapply.
Mayor Pro Tem Francis suggested addressing the issue under Other Business to allow these
individuals to not need to reapply or reinterview. Interim City Manager DiMartino stated staff
could take that direction without having to discuss it under Other Business.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Peel, to amend the motion
to replace Jerry Gavaldon with Adam Sass.
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Councilmember Ohlson discussed the need for resident-oriented boards as expertise is provided at
the staff level. He stated this appointment packs the Commission with growth and development
interests, which is out of sync with the thinking of most Fort Collins residents.
Mayor Arndt stated she did not receive any feeling that Mr. Sass would be coming onto the
Commission with any biases, and she trusts him to fulfill the duties of his appointment.
RESULT: RESOLUTION 2021-098 ADOPTED AS AMENDED [5 TO 2]
MOVER: Emily Francis, District 6
SECONDER: Shirley Peel, District 4
AYES: Pignataro, Francis, Arndt, Canonico, Peel
NAYS: Ohlson, Gutowsky
• DISCUSSION ITEMS
14. Items Related to the Establishment of 1041 Regulations. (Adopted as Amended on Second R)
A. Public Hearing and Second 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. Second Reading of Ordinance No. 123, 2021, Appropriating Prior Year Reserves to Support
Completion of the 1041 Regulations Project.
These Ordinances, adopted on First Reading on September 21, 2021, by a vote of 5 -1 (Nay: Peel),
initiate and appropriate funds for 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
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; and
2. Site selection and construction of arterial highways and interchanges and collector highways.
Specific reference to a moratorium until Council adopts regulations to administer the above two
activities is included in the designation ordinance.
Interim City Manager DiMartino noted this second reading is occurring four weeks after first
reading rather than two to allow for additional staff work.
Paul Sizemore, Planning, Development and Transportation Deputy Director, stated the first of the
two ordinances under consideration would designate the activities to which 1041 rules would apply
and enact a moratorium while the regulations are written. The second ordinance would approve a
mid-cycle appropriation for consultant support to help develop the regulations. Sizemore
discussed the history of this item and additional research that has occurred since first reading. He
outlined the expected timeline should Council adopt these ordinances and summarized the
presentation topics.
Kelly Smith, Senior Environmental Planner, stated the first item for discussion relates to options
on project approach. She clarified the 1041 state law requires that a moratorium be imposed at the
time the city designates activities or areas; however, the city can designate activities or areas at
any point during the project. Given that flexibility, she stated staff has crafted three approaches
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with different moratorium timelines for consideration and provided details on each of those
approaches.
Smith detailed three recommended changes to the designation ordinance and discussed the
procedural requirements of the exemption process, which would allow a developer to apply for an
exemption from the moratorium. She stated Council would use the Land Use Code modification
of standards criteria to determine a project’s eligibility for exemption.
Smith summarized the additional engagement done by staff to determine the impacts of a
moratorium on specific projects. She stated staff has determined two projects would be directly
impacted by the moratorium, both of which are large water transmission pipelines that are
tentatively set to start construction in 2023 and both of which are also subject to Larimer County’s
1041 regulations and still require easements, permits, and approvals from multiple landowners,
agencies, and jurisdictions. The two projects are the Northern Integrated Water Supply Project
and the Newt 3 pipeline. Smith provided additional details on how those projects would be
impacted.
Ann Hutchison, Fort Collins Area Chamber of Commerce, expressed concern about the adoption
of 1041 regulations stating unintended consequences have emerged. She encouraged Council to
oppose the ordinances.
Matt Fries, Severance Mayor, stated the adoption of Ordinance No. 122, 2021, would have
immediate and negative impacts on the existing households and businesses in Severance by placing
a hold on the third and final phase of the Newt pipeline project. He requested Council put
consideration of the Ordinance on hold until proper input from all regional stakeholders can weigh
in on the effects such a moratorium would have on families and businesses.
Joe Rowan opposed the adoption of 1041 regulations given the impact the adoption would have in
Fort Collins and across the region. He stated none of the outreach really occurred until after first
reading, which sets a poor precedent.
Mike Scheid, ELCO General Manager, stated adoption of this Ordinance may lead ELCO to adopt
a moratorium on the activation of, or commitment to, new water service in the eastern part of its
service area. He stated that type of moratorium could have a negative effect on the availability
and price of housing in northeast Fort Collins and parts of Timnath, going directly against Fort
Collins’ priority of finding affordable and achievable housing strategies. He requested the Newt
3 pipeline be exempt from any adopted regulations.
Eric Sutherland stated the SPAR process is out of place within the City’s development review
process.
Gina Janett supported the adoption of 1041 regulations and the moratorium presented in option
one. She stated this is about the City protecting its residents and natural areas. She noted this is
not the first time a moratorium has been used for rule making development.
Kevin Jones, Fort Collins Area Chamber of Commerce, opposed adoption of Ordinance No. 122,
2021. He stated the Chamber believes it is an abuse of power when the local decision -making
process excludes the voices of those most impacted.
Megan Thorburn, Poudre Canyon Group of the Sierra Club Chair, supported adoption of
Ordinance No. 122, 2021, including the ability to enact a moratorium on any development projects.
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Gary Wockner, Save the Poudre, supported adoption of option one of Ordinance No. 122, 2021
and cited the value residents place on natural areas and open spaces.
Eric Reckentine, North Weld County Water District, stated adoption of these regulations would
have impacts far beyond the city’s boundaries. He stated the Water District has placed it s own
moratorium on new water taps until the uncertainties around the adoption of these regulations are
addressed.
Phil Cafaro supported adoption of option one of Ordinance No. 122, 2021.
Don Taranto, Town of Timnath Public Works Director and Town Engineer, opposed adoption of
Ordinance No. 122, 2021 and stated there have been immediate negative impacts because of even
the proposal of the ordinance.
Ray Martinez, Post Modern Development, opposed adoption of the ordinance, or at least only
adoption of option three. He stated adoption of these regulations would have a negative impact on
the development of affordable housing and day care centers as well as associated employment.
Robert Rogers, Prospect-I-25 Metropolitan District, stated there will be unintended negative
consequences resulting from a moratorium.
Rory Heath stated adoption of this ordinance would allow Fort Collins to have control of its own
city and resources.
Adam Eggleston opposed adoption of this ordinance and stated the NISP project will ultimately
have a positive effect on the Poudre River. He stated any moratorium will ultimately end up
costing more money for everyone and would stagnate growth.
Doug Swartz supported adoption of option one of Ordinance No. 122, 2021.
John Shenot, Fort Collins Audubon Society, supported adoption of option one of Ordinance No.
122, 2021 and stated the current SPAR process does not provide acceptable protection for the
city’s natural areas.
Martha Roden supported adoption of option one of Ordinance No. 122, 2021. She expressed
opposition to the NISP project.
Ashley Waddell supported adoption of option one of Ordinance No. 122, 2021 stating Council has
the responsibility to protect the Poudre River and the city’s natural areas.
Max Moss, Montava developer, stated northern Colorado has serious water issues that need
innovative solutions. He stated he is not opposed to 1041 regulations; however, implementing a
moratorium on the Newt pipeline project is unnecessary and inconsistent with regional
cooperation.
Evan Stafford, American Whitewater Association, stated 1041 regulations are the best way for
municipalities to control development projects, particularly those involving water. He stated the
SPAR process is inadequate.
Skyler Martin opposed adoption of option one.
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Councilmember Peel stated she did not believe specific projects were to be singled out. City
Attorney Daggett replied the formation of regulations should occur as a general matter with the
assumption they will apply to many projects in the future. She commented on the great deal of the
NISP conversation being focused on the city’s natural areas which could be a focus of moratorium
criteria.
Councilmember Peel asked if Board and Commissions provided feedback on these new options.
Smith replied the Boards which provided feedback supported the project scope with the most
activities to regulate; however, they have not provided feedback on project approach, which is
being considered this evening.
Councilmember Peel asked if the Boards were aware of ramifications when they provided
feedback. Smith replied the biggest concern expressed is the inadequacy of the SPAR process for
large infrastructure projects and regulations should be adopted as quickly as possible to prevent
any future projects that may have wide impacts from being subject to the SPAR process rather
than 1041 regulations.
Councilmember Peel asked about the ramifications on projects in our community and the
surrounding communities if option three were to be adopted. Smith replied that is difficult to
assess as the regulations have yet to be developed. Option three would provide more certainty to
applicants and other communities, but less certainty to Fort Collins.
Sizemore commented on option one providing the least amount of certainty for the end users
served by service providers and option three providing the most certainty.
City Attorney Daggett noted both option two and three require Council to decide about what it
wants to put in place. Option three would require not only a designation, but also new Code
language, over which Council would have control.
Councilmember Peel stated she would oppose adoption of the ordinance as the regional impacts
are unknown.
Mayor Pro Tem Francis noted this action would not adopt any regulations. She suggested a fourth
option to focus a moratorium on developments that would impact City-owned natural areas and
parks. She discussed the importance of having a good regional approach and asked how the
adoption of that type of moratorium would affect regional partners. Smith replied that would
narrow the list of projects down to just NISP as it crosses several City-owned natural areas. She
stated the Newt pipeline does not cross City-owned natural areas or parks and would therefore not
be subject to that type of moratorium.
Mayor Arndt stated the adoption of 1041 regulations is appropriate for a home-rule city such as
Fort Collins; however, it is important to be a regional partner and to fulfill memorandums of
understanding. She stated regulating projects affecting City-owned natural areas and parks does
seem appropriate.
Councilmember Canonico stated option four, as suggested by Mayor Pro Tem Francis, could help
to protect natural areas without adversely impacting regional partners.
Councilmember Pignataro requested information regarding the IGA for the Prospect/I-25
interchange. Josh Birks, Economic Health and Redevelopment Director, replied there was an
opportunity for the City to partner with CDOT to develop a full interchange at Prospect and I-25
City of Fort Collins Page 50
as part of the current construction activity that is taking place on I-25. The total cost was about
$31 million, including about $7 million of urban design features to make the look and feel of the
interchange consistent with others in which Fort Collins has invested. Birks stated CDOT had
about $12 million to contribute to the project which left a $19 million gap to be filled by Fort
Collins and other partners. Timnath contributed $2.5 million and Fort Collins and the property
owners at the four corners of the interchange each contributed $8.25 million; however, Fort Collins
financed the entire amount. Repayment to Fort Collins is being done through a metro district that
covers the four corners of the intersection. He stated the property owners have expressed concern
about the proposed moratorium as that may mean they could not move forward with development
projects, thereby casting some doubt on when they would be able to repay their obligations under
the partnership with the metro district.
Councilmember Pignataro asked if the opportunity for further engagement mentioned in option
two is also included in option three. Smith replied in the affirmative and stated staff is committed
to broad engagement and to honoring the request made by service providers for additional time for
review to allow them to weigh in on draft regulations. She also noted the requested appropriation
will help support developing and drafting the regulations and help support robust and transparent
community engagement.
Councilmember Pignataro asked if a larger appropriation could help decrease the timeline if the
scope of the project remains the same. Smith replied staff has identified project cost and the
requested appropriation should be sufficient. She stated staff is committed to a thorough
engagement process and would not shorten the timeline if it would compromise that. She stated
the proposed timeline is conservative.
Councilmember Pignataro asked if the same staff would be utilized to work on the exemption
process as would be working on developing the regulations. Smith replied in the affirmative and
stated she would be serving as the project manager for the development of regulations and as the
project planner for any project that would come through the exemption process. She stated she
does not see the exemption process being used extensively.
Councilmember Ohlson clarified that certain projects would not be impacted to the extent they
were made out to be. He stated he might prefer something a little m ore robust than the proposed
fourth option; however, it would allow for the adoption of 1041 regulations and would protect
some of the city’s most valuable properties. He noted the County’s 1041 regulations will be
enacted in December and stated it is likely they will also be adopted by the City and should have
been sooner. He stated there are risks to the average resident and taxpayer of not enacting such
regulations.
Councilmember Gutowsky stated there are two very diverse interests at play and commended the
possible fourth option which would protect the service providers and the natural areas given their
value in the community.
Mayor Pro Tem Francis asked about the best way to make a motion. City Attorney Daggett
provided suggested language.
Mayor Arndt asked what would occur should the City acquire a new natural area while the
moratorium is in effect. City Attorney Daggett replied the moratorium would still apply to any
project seeking to go in or through a newly acquired park or natural area.
City of Fort Collins Page 51
Councilmember Gutowsky asked if the river is included. City Attorney Daggett replied there are
portions of the river that are in natural areas and some that are not; therefore, it will not technically
encompass the entire river as it flows through Fort Collins.
Councilmember Peel stated local control is important, as is something that functions better than
the SPAR process; however, she expressed concern about potential unintended consequences
despite the proposed fourth option being a good one.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Pignataro, to adopt
Ordinance No. 122, 2021, on Second Reading, as amended to include language as read by City
Attorney Daggett.
Mayor Arndt requested a six-month check-in per the language originally included in option two.
City Attorney Daggett replied staff would return in May to a work session with regulations then
turned around as quickly as the process will allow.
City Attorney Daggett read additional language changes to the ordinance. Mayor Pro Tem Francis
and Councilmember Pignataro accepted the language as a friendly amendment.
Council mentioned they would accept any non-substantive changes given much of the language
was crafted at the meeting.
RESULT: ORDINANCE NO. 122, 2021 ADOPTED AS AMENDED ON SECOND READING
[6 TO 1]
MOVER: Emily Francis, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Francis, Arndt, Canonico, Ohlson, Gutowsky
NAYS: Peel
Mayor Pro Tem Francis made a motion, seconded by Councilmember Pignataro, to adopt
Ordinance No. 123, 2021, on Second Reading.
RESULT: ORDINANCE NO. 123, 2021 ADOPTED AS AMENDED ON SECOND READING
[6 TO 1]
MOVER: Emily Francis, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Francis, Arndt, Canonico, Ohlson, Gutowsky
NAYS: Peel
Motion to Extend the Meeting Past 10:30 PM
Mayor Pro Tem Francis made a motion, seconded by Councilmember Pignataro, to extend the
meeting past 10:30 PM.
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
City of Fort Collins Page 52
16. Sam's Club Fuel Station Appeal. (Postponed to January 18, 2022)
The purpose of this item is to consider an appeal of the Planning and Zoning Commission (the
“Commission”) decision on May 20, 2021, denying the Addition of a Permitted Use (APU) for a Sam’s
Club Fuel Station, which was proposed in conjunction with a development plan for a gasoline station
within the parking lot of the existing Sam’s Club retail membership warehouse at the southeast corner
of Harmony Road and Boardwalk Drive. A Notice of Appeal was filed on June 3, 2021, alleging the
Commission failed to conduct a fair hearing and failed to properly interpret and apply the La nd Use
Code.
On July 30, 2021, the Appellant and Applicant, Sam’s Club, and the known party in opposition,
Harmony Market Owner’s Association, contacted the City Clerk’s Office and asked for a continuance
of the August 4, 2021, hearing before Council. Council approved the motion to continue the appeal
hearing until October 19, 2021.
Mayor Arndt suspended the rules to take Item No. 18, Sam’s Club Fuel Station Appeal, out of
order.
Interim City Manager DiMartino requested an extension of the time for the appeal hearing under
City Code Section 2-52(C) due to scheduling difficulty. She stated all parties-in-interest are in
support and staff has identified January 18, 2022, as a workable date.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Peel, to postpone the Sam’s
Club Fuel Station Appeal to January 18, 2022.
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
RESULT: POSTPONED TO JANUARY 18, 2022 [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Shirley Peel, District 4
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
17. Items Relating to Updated Council Meeting Rules and Procedures. (Adopted as Amended)
A. Second Reading of Ordinance No. 132, 2021, Amending Article II, D ivision 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.
This Ordinance, adopted on First Reading on October 5, 2021, by a vote of 4 -3 (Nays: Gutowsky,
Ohlson, Peel), updates the Rules of Procedure for Council meetings and work sessions to simplify and
update meeting procedures, to modify provisions for removal and c onsideration of items from the
consent calendar and to clarify when the use of remote technologies is permitted. The Resolution was
postponed to October 19 to allow additional updates.
City Attorney Daggett summarized the changes that were made to the ordinance since first reading
and to the rules of procedure which were presented with first reading but not adopted.
Eric Sutherland stated the need to have sound public policy is eclipsing the effectivity of Council.
Rich Stave stated the objective of these changes are off base and he opposed changes to public
participation.
City of Fort Collins Page 53
Councilmember Pignataro noted it will only take one Councilmember to remove an item from the
Consent Agenda at the request of a resident.
Councilmember Ohlson stated he opposed this on first reading, and will do so again, as he
disagrees with residents needing to request an item be pulled from the Consent Agenda.
Councilmember Peel also disagreed with requiring residents to request an item be pulled from the
Consent Agenda.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Pignataro, to adopt
Ordinance No. 132, 2021, on Second Reading. Yeas: Francis, Arndt, Pignataro and Canonico.
Nays: Gutowsky, Peel and Ohlson.
RESULT: ORDINANCE NO. 132, 2021 ADOPTED AS AMENDED [4 TO 3]
MOVER: Emily Francis, District 6
SECONDER: Julie Pignataro, District 3
AYES: Canonico, Francis, Arndt, Canonico
NAYS: Peel, Ohlson, Gutowsky
Mayor Pro Tem Francis made a motion, seconded by Councilmember Canonico, to adopt
Resolution 2021-093 as amended.
RESULT: RESOLUTION 2021-03 ADOPTED AS AMENDED [4 TO 3]
MOVER: Emily Francis, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Francis, Arndt, Canonico
NAYS: Peel, Ohlson, Gutowsky
18. Resolution 2021-099 Approving First Amendment to Agreement to Secure Public Benefits for
the Northfield Development. (Adopted)
The purpose of this item is to consider a modification of the Agreement to Secure Public Benefits for
the Northfield Development (Public Benefits Agreement). The Public Benefits Agreement was
approved by Council in June 2020 and contemplates the developer of the Northfield development will
provide certain public benefits identified in it, including affordable housing, to be secured by a 20-year
covenant. The Northfield developer has partnered with Mercy Housing (Mercy), a provider of
affordable housing nationwide, to build affordable rental housing units that would provide the
affordable-housing benefit as contemplated in the Public Benefits Agreement. Mercy has obtained
approval from the Planning and Zoning Commission for 84 units of affordable housing. This housing
exceeds the requirements of the Public Benefits Agreement, which requires only 65 units. Howeve r,
Mercy is requesting that the Public Benefits Agreement be modified to accommodate the financing
Mercy needs for the project. But, at City staff’s request, Mercy and the Northfield developer have
agreed to increase the 20-year covenant to a 30-year covenant.
The lender Mercy wishes to use to finance the project requires a modification of the Public Benefits
Agreement before the lender will fully fund the project. The modification would allow the lender, if
Mercy defaults on its loan and the lender forecloses on the project, to rent the affordable housing units
to households earning 80% Area Median Income (AMI) rather than the 60% of AMI currently required
in the Public Benefits Agreement. Staff supports this modification for the following reasons:
• It will ensure the rental units remain affordable even if foreclosure occurs.
• Mercy will deliver 84 affordable units rather than the 65 required under the Public Benefits
Agreement.
City of Fort Collins Page 54
• By proceeding now, Mercy will deliver the affordable units at the beginning of Northfield’s
development.
• The risk of foreclosure is low as only 0.65% of properties using Low Income Housing Tax Credits
enter foreclosure per a recent survey of property owners of 21,000 units that used Low Income
Housing Tax Credits.
• Mercy has also never had a property it owns or developed enter foreclosure.
• Mercy and the Northfield developer have agreed to increase the 20-year covenant to a 30-year
covenant.
Clay Frickey, Redevelopment Manager, stated the purpose of this item is to cons ider amending
the public benefits agreement for the Northfield Metropolitan Districts to allow Mercy Housing to
secure financing for the affordable units in the project. He stated the advantages of making the
amendments are that Mercy Housing would be able to secure financing and provide 19 more
affordable housing units than were initially contemplated. Frickey also noted an agreement has
been made with the developer to ensure the units remain affordable for 30 years rather than 20
years.
Kull Brown, Director of Real Estate Development for Mercy Housing, discussed Mercy Housing
and the planned construction timeline for the Northfield project. He expressed support for
adoption of the resolution.
John Elder discussed voucher programs for affordable housing rentals.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Ohlson, to adopt Resolution
2021-099.
RESULT: RESOLUTION 2021-099 ADOPTED [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Kelly Ohlson, District 5
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
• CONSIDERATION OF RESIDENT-PULLED CONSENT ITEMS
19. Items Relating to the Purchase and Sale Agreement for City Owned Land at 3620 Kechter Road.
(Adopted on First Reading)
A. First Reading of Ordinance No. 137, 2021, Declaring Certain City-Owned Property at 3620 Kechter
Road as Road Right-of-Way.
B. First Reading of Ordinance No. 138, 2021, Authorizing the Conveyance of City-Owned Property at
3620 Kechter Road to Kechter TWG, LLLP.
The purpose of these two ordinances is to dedicate as right-of-way a two-foot strip of land on a parcel
of City property at 3620 Kechter Road that is already being used for a public sidewalk, and to authorize
conveyance of the 5-acre parcel to Kechter TWG, LLLP (TWG). The City purchased this property in
2002 as part of the Affordable Housing Land Bank program. Since its purchase, the City has leased
this 5-acre property for residential/horse uses. This sale will result in the development of 54
permanently affordable for-sale townhomes. This project furthers Council’s long stated priorities for
affordable and achievable housing. The Council Finance Committee heard this item at their March
2021 meeting and indicated support for the sale of this property for $25,000.
John Elder expressed concern about this item and stated there are alternative policies which would
enable for sale affordable housing that are more humane, more equitable, less expensive, and at
least as perpetual. He suggested providing subsidies in the form of down payment assistance to
families rather than to developers.
City of Fort Collins Page 55
Rich Stave agreed down payment assistance for families could make some sense, particularly if it
comes back to the land bank at some point in the future.
Stefka Fanchi, Elevation Community Land Trust CEO, expressed support for this item. She stated
the City is providing subsidy to the project in the form of reduced land cost and Elevation
Community Land Trust will be providing donated philanthropic subsidy, neither of which are
available for down payment assistance. She stated down payment assistance programs have been
abandoned at a rapid rate because of their inability to adequately bridge the gap between market
price and affordability.
Councilmember Peel stated she would support this item of first reading but would like additional
information provided regarding Mr. Elder’s comments prior to second reading.
Councilmember Ohlson stated he would support the item on first reading but requested staff
address Mr. Elder’s comments prior to second reading.
Mayor Pro Tem Francis stated this is a good news item and the option of down payment assistance
should be added to the portfolio of options.
RESULT: ORDINANCE NO. 137, 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. 138, 2021, on First Reading.
RESULT: ORDINANCE NO. 138, 2021 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
• ADJOURNMENT
The meeting adjourned at 11:46 PM.
______________________________
Mayor
ATTEST:
________________________________
Interim City Clerk