HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/07/2021 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE NAgenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY December 7, 2021
City Council
STAFF
Tammi Pusheck, Interim City Clerk
SUBJECT
Consideration and Approval of the Minutes of the November 2 and November 16 Regular Meetings and the
November 30 Special Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes of the November 2 and November 16 Regular meetings and
the November 30 Special meeting.
ATTACHMENTS
1.November 2, 2021 (PDF)
2.November 16, 2021 (PDF)
3.November 30, 2021 (PDF)
City of Fort Collins Page 56
November 2, 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 (Remote), Peel, Gutowsky
ABSENT: Ohlson
STAFF: DiMartino, Daggett, Pusheck
• AGENDA REVIEW: CITY MANAGER
The Spanish interpretation options for the meeting were outlined.
Mayor Arndt outlined the newly adopted rules of procedure for Council meetings.
The video outlining public participation options was played.
Interim City Manager DiMartino stated there were no changes to the published agenda.
• PUBLIC COMMENT ON ANY TOPIC OR ITEMS (including requests for Council to remove an
item from the Consent Calendar for individual discussion.)
Mary Kopco, Fort Collins Symphony Executive Director, thanked Council and the City for
supporting the Symphony through Fort Fund and announced the Symphony was recently chosen
by the United Symphonies of America as the only orchestra in the state to be featured in a national
program that premiered in September. She stated the Symphony was also recognized as the best
regional orchestra of 2020 by New World Report as it was the only professional orchestra in the
nation to perform a live, in-person concert at the Holiday Twin Drive-in on July 4, 2020.
Additionally, the organization has just raised enough funds to hire a full-time community
engagement and education director and has recently offered Maestro Wes Kenny a new five-year
contract.
Maestro Wes Kenny commented on the inclusiveness, equity, and diversity in the Symphony’s
program and stated the Symphony has just been recognized for its season called “A Season of
Diversity.”
Shayne Weber, People’s Initiative for Equity, questioned why this Council has yet to divest funds
from Police Services despite calls from the community to do so. He also questioned why armed
officers are still accompanying the medical health response team on calls. He discussed the equity
indicators report noting disparities among ethnic groups were found in the Fort Collins Police
Department.
Serling Hunter Linville, Clothe the People and Food Not Bombs, opposed the budget allocation of
funds, particularly the increase to Police Services and decrease in other areas such as homeless
services.
Sabrina Santos expressed concern about the budget allocations and opposed the way this Council
has handled community input and feedback. She opposed the proposed increase to Police Services
funding.
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Hayley Bubb supported defunding Police Services and discussed the equity indicator report which
showed higher use of force and incarceration rates for people of color. She suggested other
priorities should be funded with Police Services dollars.
Susan Klibbe expressed concern global warming is being overlooked by the City and cited
examples of work trucks being left to idle. She stated she was told the City organization has no
legitimate method to enforce excessive idling.
Tatiana Ogan discussed the UN Climate Change Conference of the Parties (COP26) summit and
expressed concern there are no City regulations related to excessive idling.
Torin Kaletsky discussed the large portion of the City’s budget allocated to Fort Collins Police
Services. He encouraged lowering that budget by 25% and utilize those funds to form an unarmed,
non-police response for mental health calls and to increase affordable housing and homelessness
initiatives.
Andrew Kaletsky stated there is clear evidence showing that problems with racial disparities in
policing do exist in Fort Collins.
Wesley Grubb opposed the budget allocation for Police Services. He stated those funds should be
used for guaranteed adequate shelter for all residents.
• PUBLIC COMMENT FOLLOW-UP
Councilmember Gutowsky commented on the possibility of holding businesses accountable for
idling work vehicles.
Councilmember Pignataro asked if idling vehicles was part of Council’s air quality priority.
Lindsay Ex, Environmental Services Director, stated other communities have taken policy action,
and while there are many anti-idling efforts in place, they are primarily promotional and
educational in nature. She did note all major arterial street signals have been retimed to decrease
idling.
Councilmember Pignataro asked when the next work session on air quality will occur. Ex replied
there will be a work session in March.
Councilmember Pignataro noted the sign code as related to yard signs will be discussed by Council.
She also discussed the work that was done to create the new equity office and asked Police Chief
Swoboda to discuss some of the efforts being made by Police Services. Chief Swoboda replied
funds have been reallocated to a homeless coordinator position and to Outreach Fort Collins. He
also stated the Community Chief Advisory Committee has recently been formed to help improve
Police Services. He noted Police Services was a partner in the equity indicators project, which
was meant to be a starting point for data collection. He stated the mental health response team is
a national model.
Mayor Pro Tem Francis thanked the community members who spoke on the budget and discussed
the Community Impact Committee’s conversations on the equity indicat ors project, which she
concurred was meant to be a starting point for data collection. She stated the goal now is to
determine the root causes of issues identified in the project. She highlighted positive aspects of
the budget including child care access, housing, homeless support, support for non-profit partners
working with vulnerable populations, support for work with the indigenous community, and a
mental health response team.
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Councilmember Canonico congratulated the Symphony on their recognitions and for everything it
contributes to the city. She stated she had brought up the concerns about idling vehicles at the
Council retreat and, though it did not make it onto the list of Council priorities, she would still like
to investigate the issue further and have staff do some research on peer cities. She thanked the
residents who spoke on the Police Services budget and encouraged continued participation.
Councilmember Peel thanked the residents who spoke on the Police Services budget and
encouraged continued participation.
Mayor Arndt thanked the residents who spoke.
• CONSENT CALENDAR
Mayor Pro Tem Francis made a motion, seconded by Councilmember Pignataro, to adopt and
approve all items on the Consent Agenda.
RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Gutowsky
ABSENT: Ohlson
1. Consideration and Approval of the Minutes of the October 5 Regular Meeting. (Adopted)
The purpose of this item is to approve the minutes of the October 5 Regular meeting.
2. Second 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)
This Ordinance, unanimously adopted on First Reading on October 19, 2021, appropriates $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.
3. Second 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)
This Ordinance, unanimously adopted on First Reading on October 19, 2021, appropriates
unanticipated grant revenue 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.
4. Second Reading of Ordinance No. 135, 2021, Appropriating Prior Year Reserves and
Authorizing Transfers of Appropriations for the East District Maintenance Facility P roject and
Related Art in Public Places. (Adopted)
This Ordinance, unanimously adopted on First Reading on October 19, 2021, appropriates 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
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necessary elements of the project, as well as 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.
5. Second 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)
This Ordinance, unanimously adopted on First Reading on October 19, 2021, authorizes the use of
eminent domain, if deemed necessary, to acquire property interests needed for constructing
improvements for the project.
6. Items Relating to the Purchase and Sale Agreement for City Owned Land at 3620 Kechter Road.
(Adopted)
A. Second Reading of Ordinance No. 137, 2021, Declaring Certain City -Owned Property at 3620
Kechter Road as Road Right-of-Way.
B. Second Reading of Ordinance No. 138, 2021, Authorizing the Conveyance of City -Owned
Property at 3620 Kechter Road to Kechter TWG, LLLP.
This Ordinance, unanimously adopted on First Reading on October 19, 2021, dedicates 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.
7. First Reading of Ordinance No. 139, 2021, Appropriating Philanthropic Revenue Received
Through City Give for Recreation Income -Qualified Youth Sports Programming and Services.
(Adopted)
The purpose of this item is to appropriate $15,000 in philanthropic revenue received through City Give
for Recreation to benefit income-qualified youth sports programming and services.
The charitable gift is received from Adam Snow, of FoCo Snow Charities, to benefit income -qualified
youth sports programming and services. The Recreation Discount Program provides children in our
community with the opportunity to participate in active and healthy recreational sports and activities
that their families might otherwise struggle to afford.
8. First Reading of Ordinance No. 140, 2021, Appropriating Prior Year Reserves and Authorizing
Transfers of Appropriations for the Renovation of the Historic Carnegie Library and Related
Art in Public Places. (Adopted)
With the passage of the 2015 Community Capital Improvement Program (CCIP) ballot measure, the
historic Carnegie Library, currently the Carnegie Center for Creativity, was scheduled for renovatio n
beginning in 2024. With projected inflation per the ballot materials, the approved total allotment is
$2,218,000. The ballot measure also included five years of operations and maintenance support in the
amount of $25,000 per year.
Currently, the building is closed to the community due to the installation of a new elevator to meet
Americans with Disabilities Act standards. With the building closure and the elevator construction
currently underway, staff recommends commencing the renovation work in 2021 to leverage the
current situation and minimize future closure time.
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In addition to funding the renovation project, this appropriation request will also authorize a transfer of
one percent of the total project cost ($22,180) to the Cultural Services & Facilit ies Fund to satisfy the
required contribution to the Art in Public Places program per the City Code.
9. First Reading of Ordinance No. 141, 2021, Being the Annual Appropriation Ordinance for the
Fort Collins Downtown Development Authority Relating to the A nnual Appropriations for the
Fiscal Year 2022 and Fixing the Mill Levy for the Downtown Development Authority for Fiscal
Year 2022. (Adopted)
The purpose of this item is to set the Downtown Development Authority ("DDA") Budget. The following
amounts will be appropriated:
DDA Public/Private Investments & Programs $9,198,884
DDA Operations & Maintenance $1,801,024
Revolving Line of Credit Draws $7,000,000
DDA Debt Service Fund $7,431,611
The Ordinance sets the 2022 Mill Levy for the Fort C ollins DDA at five (5) mills, unchanged since tax
year 2002. The approved Budget becomes the Downtown Development Authority's financial plan for
2022.
10. First Reading of Ordinance No. 142, 2021, Adopting the 2022 Budget and Appropriating the
Fort Collins Share of the 2022 Fiscal Year Operating and Capital Improvements Funds for the
Northern Colorado Regional Airport. (Adopted)
The purpose of this item is to adopt the 2022 budget for the Northern Colorado Regional Airport and
appropriate Fort Collins’ share of the 2022 fiscal year operating and capital funds for the Airport. Under
the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Airport between
Fort Collins and Loveland (the “IGA”), the Airport is operated as a joint venture with each City owning
50% of the assets and revenues and responsible for 50% of the operating and capital costs. The proposed
budget does not include any financial contributions from the City’s General Fund. Because each City has
an ownership interest in 50% of the Airport revenues, each City must appropriate its 50% share of the
annual operating and capital budget for the Airport under the IGA.
11. First Reading of Ordinance No. 143, 2021, Amending Chapter 7.5 of the Code of the City of Fo rt
Collins to Increase for Inflation the Capital Expansion Fees and the Transportation Expansion
Fee. (Adopted)
The purpose of this item is to make annual inflation updates effective January 1, 2022, associated with
the City’s Capital Expansion Fees and its Transportation Expansion Fee. Inflation updates are 1.9%
for the Capital Expansion Fees and 7.4% for the Transportation Expansion Fee.
12. Emergency Ordinance No. 144, 2021, Suspending Certain Provisions of the City’s Land Use
Code and Building Code, and Temporarily Adopting Section 108 of the International Building
Code, to Permit Temporary Use of City Property at 212 West Mountain Avenue as a Homeless
Shelter. (Adopted)
The purpose of this item is for Council to consider approving an emergency ordinance to allow a
temporary overnight shelter in a City-owned building at 212 West Mountain Avenue. The number of
shelter beds available in Fort Collins is currently insufficient, especially due to continued efforts to
physically distance within shelters to help reduce transmission and community spread of COVID-19.
During the winter shelter season of November 1 - April 30, concerns about life safety, and need for
additional shelter space, increase. This ordinance would allow the use to occur immediately rather
than undergoing the development review process for the proposed change in use. Emergency
ordinances are authorized under the Charter in emergency circumstances and require the affirmative
vote of at least five (5) members of Council for passage.
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13. Resolution 2021-100 Authorizing an Amendment to an Existing Intergovernmental Agreement
Between the City of Fort Collins, Colorado, and the Colorado Department of Transportation for
the South Timberline Road Improvements Project – Stetson Creek Road to Zephyr Road.
(Adopted)
The purpose of this item is to authorize the Mayor to sign an Amendment to an existing
Intergovernmental Agreement (“IGA”) with the Colorado Department of Transportation (“CDOT”) to
remove a local matching funding obligation because another source of federal funding has been
identified, eliminating the City’s matching funds requirement under the IGA from $560,000 to $0.
14. Resolution 2021-101 Approving a Waiver of the 2018, 2019 and 2020 PILOT for Housing
Catalyst. (Adopted)
The purpose of this item is to approve a waiver for the 2018, 2019 and 2020 PILOT of $9,447, $12,069,
and $14,524 per the Cooperative Agreement dated in 1971.
15. Resolution 2021-102 Making an Appointment to the Parking Advisory Board of the City of Fort
Collins. (Adopted)
The purpose of this Resolution is to make an appointment to the Parking Advisory Board.
• CONSENT CALENDAR FOLLOW-UP
Councilmember Gutowsky requested staff follow-up regarding Item No. 12, Emergency
Ordinance No. 144, 2021, Suspending Certain Provisions of the City’s Land Use Code and
Building Code, and Temporarily Adopting Section 108 of the International Building Code, to
Permit Temporary Use of City Property at 212 West Mountain Avenue as a Homeless Shelter.
Beth Yonce, Director of Social Sustainability, stated this item relates to Council’s adopted priority
around homelessness and is part of a short-term strategy in partnership with service providers.
Brittany Depew, Homelessness Lead Specialist, stated this is part of the City’s work to ensure
anyone seeking shelter is not turned away during times of inclement weather. She stated the
building at 212 West Mountain Avenue will provide about 50 beds for overnight only shelter and
will be staffed by Fort Collins Rescue Mission personnel and security guards during all hours of
operation.
Councilmember Peel mentioned Item No. 7, First Reading of Ordinance No. 139, 2021,
Appropriating Philanthropic Revenue Received Through City Give for Recreation Income-
Qualified Youth Sports Programming and Services, noting Adam Snow of FoCo Snow Charities
donated $15,000 to benefit income-qualified youth sports. She requested follow up regarding Item
No. 11, First Reading of Ordinance No. 143, 2021, Amending Chapter 7.5 of the Code of the City
of Fort Collins to Increase for Inflation the Capital Expansion Fees and the Transportation
Expansion Fee, and its effect on affordable housing. She also suggested more conversation needs
to occur regarding Item No. 6, Items Relating to the Purchase and Sale Agreement for City Owned
Land at 3620 Kechter Road, and the incorporation of DPA’s into the City’s housing plan.
(Secretary’s Note: The Council took a brief recess at this point in the meeting.)
• COUNCILMEMBER REPORTS
Councilmember Peel reported on the Legislative Review Committee trip to Washington, D.C., her
recent listening session, and a tour of the Gardens at Spring Creek. She stated she will be attending
the Honor Bear project event tomorrow which honors veterans and first responders who have
committed suicide.
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Councilmember Gutowsky reported she will also be attending the Honor Bear event and will be
getting a tour of the Gardens at Spring Creek. She reported on attending the read-a-thon at
Shepardson Elementary School.
Councilmember Canonico reported on the Legislative Review Committee trip to Washington, D.C.
and on a tour of the Gardens at Spring Creek.
Mayor Arndt reported the downtown holiday lights will be turned on Friday.
• DISCUSSION ITEMS
16. First Reading of Ordinance No. 145, 2021, Being the Annual Appropriation Ordinance Relating
to the Annual Appropriations for Fiscal Year 2022; Adopting the Budget for the Fiscal Year
beginning January 1, 2022, and Ending December 31, 2022; and Fixing the Mill Levy for
Property Taxes Payable in 2022. (Adopted on First Reading)
The purpose of this item is to present the Annual Appropriation and Budget Ordinance for First
Reading. This Ordinance sets the City Budget for the one-year period (2022) which becomes t he
City’s financial plan for the next fiscal year. This Ordinance sets the amount of $702,408,235 to be
appropriated for fiscal year 2022. However, this appropriated amount does not include what is being
budgeted and appropriated by separate Council/Boar d of Director actions to adopt the 2022 budget
for the General Improvement District (GID) No. 1 of $382,502, the 2022 budget for GID No. 15
(Skyview) of $1,000, the Urban Renewal Authority (URA) 2022 budgets of $6,163,502 and the
Downtown Development Authority 2021 budget of $25,431,519. This results in City-related total
operating appropriations of $734,386,758 in 2022. This Ordinance also sets the 2021 City property
tax mill levy at 9.797 mills, unchanged since 1991.
Travis Storin, Chief Financial Officer, reviewed the budget public participation opportunities and
the recommended levels of funding for four of the seven budget outcome areas: culture and
recreation, economic health, environmental health, and transportation and mobility.
Lawrence Pollack, Budget Director, discussed the recommended funding for the remaining three
budget outcome areas: neighborhood livability and social health, safe community, and high-
performing government. He detailed the budget modifications made based on input from the work
sessions, including changes to the use of federal funding from the American Rescue Plan Act and
the funding of the Library Park irrigation replacement, improvements to Rolland Moore Park, large
diameter tree pruning, staff for construction and demolition waste, a dark sky lighting assessment,
increased air quality monitoring, the Shift Your Ride travel options program, and the neighborhood
traffic mitigation program, among others.
Councilmember Gutowsky asked if the elevator repairs in the Downtown parking structure are
covered in the budget. Storin replied in the affirmative.
Councilmember Pignataro commended staff work on incorporating Council feedback and
developing solutions.
Mayor Pro Tem Francis commended staff work on incorporating Council and public feedback.
Mayor Arndt commended staff work on the budget and noted this is a unique process.
Councilmember Gutowsky commended staff work on the budget and public outreach efforts.
Councilmember Canonico commended staff work on the budget and the accuracy with which it
reflects community values.
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Councilmember Peel commended staff work on the budget and stated she would like to see more
attention paid to infrastructure and City staffing needs in the next cycle.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 145, 2021, on First Reading.
RESULT: ORDINANCE NO. 145, 2021 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Gutowsky
ABSENT: Ohlson
17. Items Relating to 2022 Utility Rates, Fees, and Charges. (Adopted on First Reading)
A. First Reading of Ordinance No. 146, 2021, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Electric Rates, Fees and Charges.
B. First Reading of Ordinance No. 147, 2021, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Electric Fees Imposed for the Construction of New or Modified Electric
Service Connections.
C. First Reading of Ordinance No. 148, 2021, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Sewer Plant Investment Fees.
D. First Reading of Ordinance No. 149, 2021, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise the Stormwater Plant Investment Fees.
E. First Reading of Ordinance No. 150, 2021, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Water Plant Investment Fees.
F. First Reading of Ordinance No. 151, 2021, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Miscellaneous Water Fees and Charges, Including the Water Supply
Requirement Fee.
The purpose of this item is to consider Ordinances related to proposed 2022 rates and fees being
brought forward for Council consideration, including the following items:
• Item (A) - Includes a 2% increase in monthly charges for Electric customers. [Note that none of
the ordinances make any changes to Water, Wastewater or Stormwater monthly charges.] This
Ordinance also revised definitions in Chapter 26 to clarify how electric rates are stated and applied
to shared energy systems. In addition, a language change is proposed to allow residential all -
electric Time-of-Day (TOD) customers to choose between two TOD rate structures.
• Items (B - E) - Include a 3.4% to 3.9% increases to Plant Investment Fees (PIFs) and Electric
Capacity Fee (ECF)
• Item (F) - Includes a 60% increase to water supply development fee (Water Supply Requirements,
cash-in lieu fee) and the Excess Water Use surcharge rate.
Lance Smith, Utilities Finance Director, briefly introduced the item and staff.
Randy Reuscher, Utilities Rate Analyst, stated this item involves six ordinances related to monthly
utility rates, plant investment fees, and the cash in lieu fee for the water supply requirement. He
noted the proposed changes will only apply to customers within the Fort Collins utilit y service
area. He noted ongoing rates recover costs related to the operations and maintenance of the system
and one-time fees and charges cover the costs of development or redevelopment. He stated the
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only proposed rate increase for 2022 is a 2% increase for electric rates which is directly attributed
to wholesale electric rate increases. He stated no rate increases are planned for the water,
wastewater, or stormwater funds at this time; however, future capital needs are being reviewed
which may necessitate increases in future years. He summarized the impact of the proposed
changes for an average utility customer and discussed payment assistance programs. He stated a
typical new home build receiving all four services from Fort Collins Utilities would expect to see
a one-time increase of about $360.
Donnie Dustin, Water Resources Manager, stated water supply requirements are the calculation
that cover the impact of additional demand from development. He stated the calculation consists
of the volume of water needed and the associated cost of that supply, and he detailed recently
adopted changes to the calculation. He detailed the cash in lieu calculation and impacts of
proposed changes to various types of development. He stated the proposed cash in lieu fee reflects
the cost of providing reliable supplies and assures development pays its own way while
considering uncertainties, and the revised calculations more accurately reflect use with a data-
driven approach.
Mayor Pro Tem Francis requested additional detail regarding the cash in lieu calculation which
includes the cost of future water rates and buying into the existing water supply. Dustin replied it
is in recognition of buying into the existing system and existing water rights because only buying
into future water rights would not be enough to provide sufficient yield for future development.
Theresa Connor, Utilities Executive Director, replied existing ratepayers have been carrying the
cost of the existing system; however, there is value to new development to having those rights and
the equity buy-in, which is typical in cash in lieu calculations.
Mayor Pro Tem Francis asked if the City has secured water rights for the build-out of the city.
Connor replied in the negative noting more water rights have always been needed to address future
development needs. Dustin stated this calculation will be accurate for a 50-year build out.
Mayor Pro Tem Francis stated this is a good example of development paying its own way;
however, she expressed concern about the possible impact on affordable housing.
Mayor Arndt asked about the 30% contingency versus the factor of safety. Dustin replied the 30%
is relative to the uncertainty of projects and the factor of safety relates to the uncertainty of
development 50 years in the future.
Mayor Arndt asked why the Fort Collins-Loveland Water District (FCLWD) rates are so much
higher. Connor replied that relates to the senior water rights portfolio of the City versus the newer
FCLWD and ELCO portfolios with junior water rights.
Councilmember Peel expressed concern that developers paying their own way means homeowners
will pay their own way and asked if it is correct that the proposed increase will add $11,000 to the
cost of a new home. Dustin replied it would depend on the size of the home and type of lot;
however, for an average situation, the increase would be around $6,500 for the water alone.
Councilmember Peel asked why the 60% increase is not happening incrementally. Dustin replied
the rate has been increasing over the last several years and part of this large jump is due to the high
cost of the Halligan Reservoir project and the increased cost of water. He stated not passing these
costs onto developers would pass them directly to ratepayers. Connor also noted most affordable
housing is multi-family which would likely include less irrigated area and therefore a lower fee
increase.
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Councilmember Peel asked how the increase is being distributed between current ratepayers and
new development. Smith replied the calculation relates to the total cost of additional necessary
improvements plus the cost of Halligan divided by the total increased water allotment. Dustin
replied the fee relates to an incremental cost to increase the yield by the necessary amount and
most will be for new development. Existing customers will not be paying fees for development.
Councilmember Pignataro noted the PRPA wholesale rate increase was lower for Fort Collins than
other member communities due to investments in sustainable electricity.
Councilmember Canonico stated that while no one wants to see a 60% increase, she appreciates
the way it was distributed to have less of an impact on multi-family dwellings and to incentivize
landscaping with lower water requirements.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Pignataro, to adopt
Ordinance No. 146, 2021, on First Reading. Yeas: Francis, Arndt, Peel, Gutowsky, Pignataro and
Canonico. Nays: none.
RESULT: ORDINANCE NO. 146, 2021 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Gutowsky
ABSENT: Ohlson
Mayor Pro Tem Francis made a motion, seconded by Councilmember Pignataro, to adopt
Ordinance No. 147, 2021, on First Reading. Yeas: Francis, Arndt, Peel, Gutowsky, Pignataro and
Canonico. Nays: none.
RESULT: ORDINANCE NO. 147, 2021 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Gutowsky
ABSENT: Ohlson
Mayor Pro Tem Francis made a motion, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 148, 2021, on First Reading. Yeas: Francis, Arndt, Peel, Gutowsky, Pignataro and
Canonico. Nays: none.
RESULT: ORDINANCE NO. 148, 2021 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Gutowsky
ABSENT: Ohlson
Mayor Pro Tem Francis made a motion, seconded by Councilmember Peel, to adopt Ordinance
No. 149, 2021, on First Reading. Yeas: Francis, Arndt, Peel, Gutowsky, Pignataro and Canonico.
Nays: none.
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RESULT: ORDINANCE NO. 149, 2021 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Shirley Peel, District 4
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Gutowsky
ABSENT: Ohlson
Mayor Pro Tem Francis made a motion, seconded by Councilmember Canonico, to adopt
Ordinance No. 150, 2021, on First Reading. Yeas: Francis, Arndt, Peel, Gutowsky, Pignataro and
Canonico. Nays: none.
RESULT: ORDINANCE NO. 150, 2021 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Gutowsky
ABSENT: Ohlson
Mayor Pro Tem Francis made a motion, seconded by Councilmember Canonico, to adopt
Ordinance No. 151, 2021, on First Reading. Yeas: Francis, Arndt, Peel, Gutowsky, Pignataro and
Canonico. Nays: none.
RESULT: ORDINANCE NO. 151, 2021 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Gutowsky
ABSENT: Ohlson
• ADJOURNMENT
The meeting adjourned at 8:29 PM.
______________________________
Mayor
ATTEST:
________________________________
Interim City Clerk
City of Fort Collins Page 67
November 16, 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
Interpreters provided the interpretation options for the meeting.
The video outlining public participation options was played.
Interim City Manager DiMartino stated Item No. 19, Resolution 2021-105 Adopting the 2021 Civic
Center Master Plan, has been moved to the Discussion Agenda and Item No. 23, Resolution 2021-
109 Adopting the Recommendation of the Council Regarding the Recruit ment Materials for the
Selection of a City Manager, has been amended to include an exhibit to the resolution.
Additionally, motion D under Other Business, Consider a motion to call a Special Meeting at 5:30
p.m. on December 7 to go into Executive Session to discuss performance and compensation for
Council’s direct report employees, has an updated title to reflect the correct time.
• PUBLIC COMMENT
Joe Rowan requested Item No. 8, Items Relating to 2022 Utility Rates, Fees, and Charges, be
pulled from the Consent Agenda. He commended Council for moving quickly to affect change;
however, he expressed concern time is not being taken to understand the implications of changes
being made. He suggested staffing levels need to be brought to full capacity prior to making
additional long-reaching decisions as current staff are overworked.
Kimberly Chambers invited Council to the Transgender Day of Remembrance and Resiliency
event and thanked the City for its collaboration on Rainbow swim days for transgender and non-
binary individuals. She commended the Transgender Acceptance Proclamation but expressed
concern there are not enough gender-neutral restrooms throughout town and requested the City
offer support to convert any single-stall restroom as a gender-neutral option.
Adam Eggleston thanked the Councilmembers who attended a building density via housing
diversity discussion. He discussed adjusting the benchmarks for 20% down payments on homes
and 4-person households to 2 or 3-person households to better approach smaller and more diverse
living options. He expressed concern regarding what he stated was a lack of respect shown by
Councilmember Ohlson to staff and fellow Councilmembers. He announced a hats, socks, and
gloves collection event at Gilded Goat.
Shayne Weber, Peoples’ Initiative for Equity, expressed concern regarding the lack of
transparency and accountability in this Council’s actions. He opposed a previous comment made
by Councilmember Ohlson that Fort Collins Police Services do not have the same issues as other
police departments stating that is counter to the results of the equity indicator report. He
questioned why the results have not been published and encouraged Council to recognize its role
and the role of the budgeting process in perpetuating systemic issues in the community. He also
requested Council reallocate 25% of the proposed Police Services budget to develop and fund a
third-party dispatch and non-violent crisis intervention team.
City of Fort Collins Page 68
Sabrina Santos noted the equity indicator report was published in March and stated it should have
been followed up with an action plan. She expressed concern the report has not been published on
the City’s webpage and opposed the increase in the Police Services budget. She stated the root
causes of crime must be addressed in order for any change to occur.
Hayley Bubb commented on what police officers do with their time and stated the overwhelming
majority of calls do not need a person trained in forceful tactics to be present. She cited examples
of a successful programs in Eugene, Oregon and Denver.
Brian Bowen showed a video of the arrest of Cynthia Wales by Fort Collins Police and stated it
shows no indication of any use of de-escalation training. He suggested the increase in the Police
Services budget would be better spent on ways to help with the causes of violence.
Amanda (no last name given) stated the equity indicators report has identified areas in which things
could be done better and she cited the Eugene and Denver examples of successful programs. She
stated the delay in publishing the equity indicators report to the City’s website is insulting to the
community.
Sterling Linville opposed the purpose of police services and stated Council needs to make changes.
Torin Koletsky questioned what arguments Council has found convincing related to the budget
and expressed concern no resulting changes have been made.
Wes (no last name given) opposed the arrest of Cynthia Wales by Fort Collins officers. He stated
all officers are trained to use fear, intimidation, violence and murder as a means to an end for
community safety and cohesion. He stated Police Services budget dollars should instead go to
adequate free care infrastructure.
Rich Stave commented on Item No. 13, First Reading of Ordinance No. 156, 2021, Making
Supplemental Appropriations and Appropriating Prior Year Reserves to Purchase Eight Electric
Buses and Associated Charging Equipment, stating buying electric buses will not address the lack
of bus service. He questioned the reliability of electric buses and asked if they were purchased via
a competitive process. He also commented on Item No. 16, Items Related to the Conveyance of a
Restrictive Notice on Portions of Cathy Fromme Prairie Natural Area in Connection with
Remediation of Environmental Contamination at the Larimer County Landfill.
Hannah (no last name given) asked if Council agrees with the use of fear, intimidation, violence
and murder as a reasonable means to an end for care, accountability, repair, and safety. She stated
the police system is built for chronic abuse and she suggested the Police Services budget should
go into adequate, accessible, private, free shelter and care infrastructure.
• PUBLIC COMMENT FOLLOW-UP
Mayor Pro Tem Francis asked if the Building Code is set to be updated with language related to
gender-neutral restrooms. Caryn Champine, Planning, Development, and Transportation Director,
replied she would follow up.
Mayor Pro Tem Francis asked if the equity indicators report is on the City’s webpage. Interim
City Manager DiMartino replied in the affirmative and stated it is on the Social Sustainability page.
She stated the equity dashboard work is still underway. Claudia Menendez, Equity Officer, stated
a staff team is working to dissect data from historical community surveys and the equity indicators
report and will create a dashboard platform that will hopefully be complete by January. Jackie
City of Fort Collins Page 69
Kozak-Thiel, Sustainability Services Director, noted the equity indicators cover multiple domains
and they are being examined individually to determine the role the City has to make systemic
changes to respond to disparities.
Councilmember Pignataro thanked the speakers and explained the process of an internal
investigation and Citizen’s Review Board review of arrests. She stated the Police Chief is anxious
to solve problems within the department and she commented on the Police Services budget. Chief
Jeff Swoboda discussed the role of Police Services and stated there are many instances wherein
other professionals would be better responders. He commended the work of the Citizen Advisory
Committee and the mental health response team, which is a national model. He stated he would
meet with anyone who has questions about the budget or any other topic and he commended the
work of officers.
Councilmember Pignataro stated she does not believe the Police Department should be defunded
as it is working to better itself. She requested staff input regarding Mr. Stave’s comments about
electric buses. Drew Brooks, Transfort and Parking Services Director, replied the item referenced
by Mr. Stave is related to a federal grant program which requires the City to name the manufacturer
from which the buses will be purchased, which is why there was not a competitive process. He
stated electric buses have been found to be at least as reliable as regular buses and the maintenance
costs have been shown to be about 70% lower.
Councilmember Pignataro requested staff input regarding Mr. Stave’s questions about the landfill.
City Attorney Daggett replied the item before Council is a commitment from the City to work with
the County to prevent Cathy Fromme Prairie and the other natural areas properties to the east of
the landfill from being developed. She stated the documentation will be taken into account by the
state in analyzing what is required for cleanup on the landfill site.
Councilmember Ohlson thanked the citizens who spoke related to Police Services and commented
on the importance of working on improvements and reform across the entire organization while
still adequately funding Police Services and other needs. He stated he would meet with any
residents to discuss any topic.
Councilmember Ohlson asked if the electric buses are replacing other buses as part of a regular
replacement schedule. Brooks replied the buses will replace existing diesel and compressed
natural gas buses in the fleet. He stated staffing issues have made restoring service hours that were
cut during the pandemic difficult.
Councilmember Ohlson requested additional information regarding what the County is responsible
for cleaning up at the landfill prior to Second Reading of the item.
Mayor Arndt concurred with Mr. Rowan on the staff workload and commended staff.
• CONSENT CALENDAR
Councilmember Ohlson stated he will have questions regarding Item No. 17, Items Relating to The
Gardens on Spring Creek/Butterfly Pavilion Butterfly House Operations, and he withdrew Item
Nos. 22, Resolution 2021-108 Authorizing the City Manager to Sign a Master License Agreement
with Crown Castle Fiber, LLC for Small Wireless Communication Equipment Attachments on City
Facilities in Public Rights-of-Way, and 24, Resolution 2021-110 Adopting the City's 2022
Legislative Policy Agenda, from the Consent Agenda.
Councilmember Peel withdrew part F, Second Reading of Ordinance No. 151, 2021, Amending
City of Fort Collins Page 70
Chapter 26 of the Code of the City of Fort Collins to Revise Miscellaneous Water Fees and
Charges, Including the Water Supply Requirement Fee, of Item No. 8, Items Relating to 2022
Utility Rates, Fees, and Charges.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Canonico, to adopt and
approve all items not withdrawn from the Consent Agenda.
RESULT: CONSENT AGENDA ADOPTED [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
1. Consideration and Approval of the Minutes of the October 19 Regular Meeting. (Adopted)
The purpose of this item is to approve the minutes of the October 19 Regular me eting.
2. Second 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)
This Ordinance, unanimously adopted on First Reading o n October 5, 2021, adopts 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.
3. Second Reading of Ordinance No. 139, 2021, Appropriating Philanthropic Revenue Received
Through City Give for Recreation Income -Qualified Youth Sports Programming and Services.
(Adopted)
This Ordinance, unanimously adopted on First Reading on N ovember 2, 2021, appropriates $15,000
in philanthropic revenue received through City Give for Recreation to benefit income -qualified youth
sports programming and services.
The charitable gift is received from Adam Snow, of FoCo Snow Charities, to benefit i ncome-qualified
youth sports programming and services. The Recreation Discount Program provides children in our
community with the opportunity to participate in active and healthy recreational sports and activities
that their families might otherwise struggle to afford.
4. Second Reading of Ordinance No. 140, 2021, Appropriating Prior Year Reserves and
Authorizing Transfers of Appropriations for the Renovation of the Historic Carnegie Library
and Related Art in Public Places. (Adopted)
This Ordinance, unanimously adopted on First Reading on November 2, 2021, appropriates a total
allotment of $2,218,000 which includes projected inflation. With the passage of the 2015 Community
Capital Improvement Program (CCIP) ballot measure, the historic Carnegie Library, currently the
Carnegie Center for Creativity, is scheduled for renovation beginning in 2024. The ballot measure also
includes five years of operations and maintenance support in the amount of $25,000 per year.
Currently, the building is closed to the community due to the installation of a new elevator to meet
Americans with Disabilities Act standards. With the building closure and the elevator construction
currently underway, staff recommends commencing the renovation work in 2021 to leverage the
current situation and minimize future closure time.
In addition to funding the renovation project, this appropriation request will also authorize a transfer of
one percent of the total project cost ($22,180) to the Cultural Services & Facilities Fund to satisfy the
required contribution to the Art in Public Places program per City Code.
City of Fort Collins Page 71
5. Second Reading of Ordinance No. 141, 2021, Being the Annual Appropriation Ordinance for the
Fort Collins Downtown Development Authority Relating to the Annual Appropriations for the
Fiscal Year 2022 and Fixing the Mill Levy for the Downtown Development Authority for Fiscal
Year 2022. (Adopted)
This Ordinance, unanimously adopted on First Reading on November 2, 2021, sets the Downtown
Development Authority ("DDA") Budget. The following amounts will be appropriated:
DDA Public/Private Investments & Programs $9,198,884
DDA Operations & Maintenance $1,801,024
Revolving Line of Credit Draws $7,000,000
DDA Debt Service Fund $7,431,611
The Ordinance sets the 2022 Mill Levy for the Fort Collins DDA at five (5) mills, unchanged since tax
year 2002. The approved Budget becomes the Downtown Development Authority's financial plan for
2022.
6. Second Reading of Ordinance No. 142, 2021, Adopting the 2022 Budget and Appropriating the
Fort Collins Share of the 2022 Fiscal Year Operating and Capital Improvements Funds for the
Northern Colorado Regional Airport. (Adopted)
This Ordinance, unanimously adopted on First Reading on November 2, 2021, adop ts the 2022 budget
for the Northern Colorado Regional Airport and appropriate Fort Collins’ share of the 2022 fiscal year
operating and capital funds for the Airport. Under the Amended and Restated Intergovernmental
Agreement for the Joint Operation of the Airport between Fort Collins and Loveland (the “IGA”), the Airport
is operated as a joint venture with each City owning 50% of the assets and revenues and responsible for
50% of the operating and capital costs. The proposed budget does not include any financial contributions
from the City’s General Fund. Because each City has an ownership interest in 50% of the Airport
revenues, each City must appropriate its 50% share of the annual operating and capital budget for the
Airport under the IGA.
7. Second Reading of Ordinance No. 143, 2021, Amending Chapter 7.5 of the Code of the City of
Fort Collins to Increase for Inflation the Capital Expansion Fees and the Transportation
Expansion Fee. (Adopted)
This Ordinance, unanimously adopted on First Reading on Novem ber 2, 2021, updates annual inflation
rates effective January 1, 2022, associated with the City’s Capital Expansion Fees and its
Transportation Expansion Fee. Inflation updates are 1.9% for the Capital Expansion Fees and 7.4%
for the Transportation Expansion Fee.
8. Items Relating to 2022 Utility Rates, Fees, and Charges. (Adopted on Second Reading)
A. Second Reading of Ordinance No. 146, 2021, Amending Chapter 26 of the Code of the City
of Fort Collins to Revise Electric Rates, Fees and Charges.
B. Second Reading of Ordinance No. 147, 2021, Amending Chapter 26 of the Code of the City
of Fort Collins to Revise Electric Fees Imposed for the Construction of New or Modified Electric
Service Connections.
C. Second Reading of Ordinance No. 148, 2021, Amending Chapter 26 of the Code of the City
of Fort Collins to Revise Sewer Plant Investment Fees.
D. Second Reading of Ordinance No. 149, 2021, Amending Chapter 26 of the Code of the City
of Fort Collins to Revise the Stormwater Plant Investment Fees.
E. Second Reading of Ordinance No. 150, 2021, Amending Chapter 26 of the Code of the City
of Fort Collins to Revise Water Plant Investment Fees.
City of Fort Collins Page 72
F. Second Reading of Ordinance No. 151, 2021, Amending Chapter 26 of the Code of the City
of Fort Collins to Revise Miscellaneous Water Fees and Charges, Including the Water Supply
Requirement Fee. (This Ordinance was pulled for discussion.)
These Ordinances, unanimously adopted on First Reading on November 2, 2021, adopt proposed
2022 rates and fees, including the following items:
• Item (A) - Includes a 2% increase in monthly charges for Electric customers. [Note that none of
the ordinances make any changes to Water, Wastewater or Stormwater monthly charges.] This
Ordinance also revised definitions in Chapter 26 to clarify how electric rates are stated and applied
to shared energy systems. In addition, a language change is proposed to allow residential all -
electric Time-of-Day (TOD) customers to choose between two TOD rate structures.
• Items (B - E) - Include a 3.4% to 3.9% increases to Plant Investment Fees (PIFs) and Electric
Capacity Fee (ECF)
• Item (F) - Includes a 60% increase to water supply development fee (Water Supply Requirements,
cash-in lieu fee) and the Excess Water Use surcharge rate.
9. First Reading of Ordinance No. 152, 2021, Appropriating Philanthropic Revenue Received by
City Give for Fort Collins Police Services to Purchase Personal Protective Equipment for All
Sworn Officers to Show Appreciation for their Sacrifice and Service. (Adopted)
The purpose of this item is to appropriate $193,000 in philanthropic revenue received by City Give for
Fort Collins Police Services (FCPS). The T2G Family Foundation designates this gift for the purchase
of personal protective equipment for FCPS police officers as a demonstration of appreciation for their
sacrifice and service.
10. First Reading of Ordinance No. 153, 2021, Appropriating Philanthropic Revenue by City Give
for Park Planning and Development for the 9/11 Memorial at Spring Park. (Adopted)
The purpose of this item is to appropriate $10,000 in philanthropic revenue received by City Give for
Park Planning and Development. The charitable gift is received from Hydro Construction Charitable
Fund and designated for the 9/11 Memorial at Spring Park.
11. First Reading of Ordinance No. 154, 2021, Appropriating Philanthropic Revenue Received by
City Give for FC Moves for the Safe Routes to School Program. (Adopted)
The purpose of this item is to request an appropriation of $6,000 in philanthropic revenue received by
City Give for FC Moves and its Safe Routes to School Program. The charitable gifts are received and
designated by two community donors: $1,000 received from SCHEELS and $5,000 received from
FoCo Fondo for Safe Routes to School.
12. First Reading of Ordinance No. 155, 2021, Making Supplemental Appropriations, Appropriating
Prior Year Reserves, and Authorizing Transfers of Appropriations for the Laporte Avenue
Multimodal Improvements Project and Related Art in Public Places. (Adopted)
The purpose of this item is to enable the City to receive and expend Colorado Department of
Transportation (“CDOT”) funds and to appropriate funding for the Laporte Avenue Multimodal
Improvements Project (the “Project”).
This item will appropriate a total of $2,827,500 of grant funding and prior year reserves for the Project
and related Art in Public Places (“APP”). The City was awarded Multimodal Options Fund (“MMOF”),
Revitalizing Mainstreet (“RMS”), and Transportation Alternatives Program (“TAP”) grants for the
Project and will utilize prior year reserves in the Transportation Capital Expansion Fee (“TCEF”) Fund
and the Transportation Services Fund to satisfy the local match requirements for these grants and the
APP contribution required by the City’s Municipal Code. Aside from the APP contribution, these funds
will be used for design, any necessary property acquisition, and construction of roadway improvements
along Laporte Avenue from Fishback Avenue to Sunset Street. Construction of the roadway
City of Fort Collins Page 73
improvements for the Project excludes the bridges and roadway that cross the New Mercer Canal
north of Grandview Cemetery, as those are being replaced as part of a separate capital project using
local Bridge Program funding.
An Intergovernmental Agreement with CDOT for the CDOT Project funding is being prepared and will
be presented to Council for approval at or after second reading.
13. First Reading of Ordinance No. 156, 2021, Making Supplemental Appropriations and
Appropriating Prior Year Reserves to Purchase Eight Electric Buses and Associated Charging
Equipment. (Adopted)
The purpose of this item is to appropriate discretionary grant revenue Transfort has been awarded by
the Federal Transit Administration (“FTA”), as well as prior year reserves to satisfy the local match
requirement. Transfort applied for and was awarded $3,523,210 in competitive grant funding to
purchase eight battery electric buses (“BEBs”) to replace end-of-life Compressed Natural Gas (“CNG”)
vehicles.
14. First Reading of Ordinance No. 157, 2021, Appropriating Prior Year Rese rves from the General
Government Capital Expansion Fee Account in the Capital Expansion Fee Fund for the
Purchase of the Condominiums in the Civic Center Parking Structure. (Adopted)
The purpose of this item is to appropriate $975,000 from the reserves in the City’s General Government
Capital Expansion Fee Account in the Capital Expansion Fee Fund to be used for the acquisition of
the eight condominium units located at 144 North Mason Street and which are on the ground floor area
along the western face of the City’s Civic Center Parking Structure (the “Condominiums). The purchase
price for the Condominiums is $975,000, which is substantially below their appraised fair market value
of $3,700,000. The difference between the appraised fair market value and the $975,000 purchase
price is being made by the current owner of the Condominiums, Civic Center, LLC, as a charitable
donation to the City.
15. First Reading of Ordinance No. 158, Amending Section 2 -146 of the Code of the City of Fort
Collins Regarding the Human Services and Housing Funding Board. (Adopted)
The purpose of this item is to amend City Code to align the Human Services and Housing Funding
Board’s Work Plan and Annual Report submission deadlines to the standard dates established by the
City Clerk’s Office and the City Code for all other boards and commissions.
16. Items Related to the Conveyance of a Restrictive Notice on Portions of Cathy Fromme Prairie
Natural Area in Connection with Remediation of Environmental Contamination at the Larimer
County Landfill. (Adopted)
A. Resolution 2021-103 Authorizing the Execution of an Intergovernmental Agreement Between the
City of Fort Collins and The Board of County Commissioners of Larimer County, Colorado Related
to Restrictive Notice Reporting Requirements.
B. First Reading of Ordinance No. 159, 2021 Authorizing Conveyance of Notices of Environmental
Use Restrictions to the Colorado Department of Public Health and Environment on Portions of
Cathy Fromme Prairie Natural Area in Connection with Remediation of Groundwater
Contamination from the Larimer County Landfill.
The purpose of this item is to authorize conveyance of two Restrictive Notices to the Colorado
Department of Public Health and Environment (“CDPHE”): one applicable to parcels located in Cathy
Fromme Prairie Natural Area (“CFP Natural Area”) owned solely by Fort Collins (the “Fort Collins
Restrictive Notice”) and one applicable to parcels located in CFP Natural Area owned jointly by Fort
Collins and Larimer County (the “Joint Restrictive Notice”). The parcels are located near the Larimer
County Landfill and are impacted by contaminated groundwater emanating from the Landfill.
City of Fort Collins Page 74
The Restrictive Notices are requested by Larimer County in connection with its remediation of the
Landfill environmental contamination. They prohibit certain activities and uses that could create
exposure to contaminants from groundwater and are intended to protect public health while permitting
CDPHE to apply less stringent cleanup standards for two (but not all) contaminants of concern, likely
reducing the cost of the remediation.
While the Restrictive Notices will limit uses and activities on portions of CFP Natural Area, such
restrictions will only encumber a relatively small portion of CFP Natural Area. Further, the Natural
Areas Department has determined that the restrictions will not significantly impact the use, operation,
and management of the CFP Natural Area.
The Restrictive Notices require annual compliance reporting to CDPHE. Because Larimer County has
requested the Restrictive Notices and will be on the Fort Collins Parcels (as well as the other parcels),
conducting testing and remediation activities, the Resolution approves an Intergovernmental
Agreement (“IGA”) with Larimer County under which Larimer County agrees to certify to Fort Collins
that the County has complied with the Restrictive Notice while on the Fort Collins Parcels, will be
responsible for any non-compliance and will pay any applicable fees impose d by CDPHE in
connection with the annual compliance reporting requirements.
Important Note: Larimer County, in cooperation with CDPHE, has posted the Restrictive Notices for
a 30-day public comment period. CDPHE will review any public comment received an d may request
changes to the Restrictive Notices based on that comment. Any such changes will be presented to
Council at second reading.
17. Items Relating to The Gardens on Spring Creek/Butterfly Pavilion Butterfly House Operations.
(Adopted)
A. First Reading of Ordinance No. 160, 2021, Approving a Contract Term of up to Ten Years for
Butterfly House Operations by Rocky Mountain Butterfly Consortium, dba Butterfly Pavilion.
B. Resolution 2021-104 Approving an Exception to the Use of a Competitive Process for Butterfly
House Operations by Rocky Mountain Butterfly Consortium, dba Butterfly Pavilion.
The purpose of this item is to request an exception to the competitive bid process and a contract ter m
of up to 10 years beginning November 16, 2021, to continue the services being provided by the
Butterfly Pavilion for butterfly operations of the Butterfly House at The Gardens on Spring Creek.
Approval of this exception may be used as authorized in City Code Section 8-161(d)(4) as the basis
for the City Manager and the Purchasing Agent to negotiate and agree to the additional purchase of
butterfly management services from Butterfly Pavilion through November 2031 without further Council
approval.
18. First Reading of Ordinance No. 161, 2021, Amending Ordinance No. 097, 2021, Establishing the
Fort Collins Tourism Improvement District. (Adopted)
The purpose of this item is to amend Ordinance No. 097, 2021, which Council adopted this past August
to establish the Fort Collins Tourism Improvement District (District). Ordinance No. 097 set the term
of the District to begin on September 1, 2021, and end on December 31, 2031. Ordinance No. 097
also authorizes the District to assess a lodging fee during this term. However, Section 11 of the
Ordinance No. 097 erroneously set the term for this assessment to end on December 31, 2021, instead
of December 31, 2031. The proposed Ordinance corrects this error.
City of Fort Collins Page 75
19. Resolution 2021-106 Approving an Intergovernmental Agreement Between the City of Fort
Collins and the Fort Collins Tourism District for the City’s Collection of the District’s Lodging
Fee. (Adopted)
The purpose of this item is to enter into an intergovernmental agreement with the Fort Collins Tourism
Improvement District (District) for the City’s collection of the District’s lodging fee. The fee will be
reported and remitted on the same form as the City’s lodging tax return.
20. Resolution 2021-107 Adopting a Revised Competitive Funding Process for the Allocation of
City Financial Resources to Human Services Programs and to Affordable Housing
Programs/Projects. (Adopted)
The purpose of this item is to adopt a revised framework for the Competitive Process for allocating
affordable housing and human service funds.
21. Resolution 2021-109 Adopting the Recommendation of the Council Regarding the Recruitment
Materials for the Selection of a City Manager. (Adopted)
This item has been amended to include Exhibit A to the Resolution.
The purpose of this item is to review and approve recruitment materials to be used in the selection of
a City Manager.
• CONSENT CALENDAR FOLLOW-UP
Councilmember Ohlson requested follow-up prior to Second Reading regarding the non-compete
clause related to Item No. 17, Items Relating to The Gardens on Spring Creek/Butterfly Pavilion
Butterfly House Operations. Michelle Provaznik, The Gardens on Spring Creek Executive
Director, replied the non-compete clause for the first five years of the contract was requested by
the Butterfly Pavilion and they wanted to keep it beyond that; however, a compromise was reached
to have it be optional after five years and eliminated after ten years.
Councilmember Peel recognized the City Gives donors: the T2G Family Foundation and Hydro
Construction. She commented on the utility rate increases and noted Fort Collins is in line with
the national average for annual rate increases. Additionally, the wholesale electric rate from Platte
River Power Authority is increasing due to the transition to renewable sources and she requested
assurance staff is looking at balancing economic sustainability with reaching renewable energy
goals.
• COUNCILMEMBER REPORTS
Councilmember Peel reported on the roundtable with the Board of Realtors mentioned by Mr.
Eggleston. She announced an upcoming listening session at Magpie’s and reported on a veteran
and active-duty military suicide awareness event at Anheuser Busch.
Councilmember Gutowsky commended Councilmember Peel’s speech at the suicide awareness
event. She reported on a tour of The Gardens on Spring Creek and new butterfly pavilion. She
stated the holiday lights at the Gardens will being December 10th. She reported on visits to Kansas
City Kitty and Studio Be and stated Fort Collins was recently honored for its lea dership in
recycling industrial waste. Additionally, she stated the National Council for Mental Wellbeing
recognized Larimer County for its annual advocacy event to promote bipartisan solutions for
mental health. She noted the Ethics Review Board was convened yesterday to discuss exploring
different options for addressing ethics complaints against Councilmembers.
City of Fort Collins Page 76
Mayor Arndt reported on a visit with City maintenance staff and commended the City Budgeting
for Equity and Recovery program which provides a single point of entry for income-qualified
residents. She also commended the Epic Home Program staff.
• CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
8. Items Relating to 2022 Utility Rates, Fees, and Charges. (Adopted on Second Reading)
A. Second Reading of Ordinance No. 146, 2021, Amending Chapter 26 of the Code of the City
of Fort Collins to Revise Electric Rates, Fees and Charges. (Adopted on Consent)
B. Second Reading of Ordinance No. 147, 2021, Amending Chapter 26 of the Code of the City
of Fort Collins to Revise Electric Fees Imposed for the Construction of New or Modified Electric
Service Connections. (Adopted on Consent)
C. Second Reading of Ordinance No. 148, 2021, Amending Chapter 26 of the Code of the City
of Fort Collins to Revise Sewer Plant Investment Fees. (Adopted on Consent)
D. Second Reading of Ordinance No. 149, 2021, Amending Chapter 26 of the Code of the City
of Fort Collins to Revise the Stormwater Plant Investment Fees. (Adopted on Consent)
E. Second Reading of Ordinance No. 150, 2021, Amending Chapter 26 of the Code of the City
of Fort Collins to Revise Water Plant Investment Fees. (Adopted on Consent)
F. Second Reading of Ordinance No. 151, 2021, Amending Chapter 26 of the Code of the
City of Fort Collins to Revise Misce llaneous Water Fees and Charges, Including the
Water Supply Requirement Fee.
These Ordinances, unanimously adopted on First Reading on November 2, 2021, adopt proposed
2022 rates and fees, including the following items:
• Item (A) - Includes a 2% increase in monthly charges for Electric customers. [Note that none of
the ordinances make any changes to Water, Wastewater or Stormwater monthly charges.] This
Ordinance also revised definitions in Chapter 26 to clarify how electric rates are stated and applied
to shared energy systems. In addition, a language change is proposed to allow residential all -
electric Time-of-Day (TOD) customers to choose between two TOD rate structures.
• Items (B - E) - Include a 3.4% to 3.9% increases to Plant Investment Fees (PIF s) and Electric
Capacity Fee (ECF)
• Item (F) - Includes a 60% increase to water supply development fee (Water Supply Requirements,
cash-in lieu fee) and the Excess Water Use surcharge rate.
(Secretary’s Note: Only Part F, Second Reading of Ordinance No. 151, 2021, Amending Chapter
26 of the Code of the City of Fort Collins to Revise Miscellaneous Water Fees and Charges,
Including the Water Supply Requirement Fee, of Item No. 8, Items Relating to 2022 Utility Rates,
Fees, and Charges, was pulled from the Consent Agenda.)
Joe Rowan expressed concern the lack of adequate staff and leadership will lead to staff bringing
forward ideas that have yet to be fully considered. He commented on the City’s fees and stated
Ordinance No. 151, 2021, contemplates increasing fees to account for additional needed
infrastructure, primarily the expansion of Halligan Reservoir, and to collect an additional $53
million for water rights; however, the fee contemplates buying into the assets that already exist
and those assets were purchased with fees and usage charges being paid by all users.
City of Fort Collins Page 77
Rich Stave suggested not requiring the purchasing and transfer of water rights should be a
constraint on development itself and stated raising the cash in lieu fees is not going to address the
issue of the source of the water.
Councilmember Peel concurred with Mr. Rowan regarding the staff workload and stated
unanswered questions remain. She expressed concern this will add to housing costs and stated this
item places a disproportionate burden on future development. She asked about some of the formula
numbers shown in the staff report. Dr. Liesel Hans, Interim Deputy Director of Water Resources
and Treatment, replied these updates have become a routine process; however, the methodology
changes due to the changing nature of water in Colorado. She stated there are three typical
approaches used to determining this type of fee in the industry: incremental, equity buy-in, and a
hybrid approach such as the one being recommended in this Ordinance. Donnie Dustin, Water
Resources Manager, replied the 9,150 acre-feet questioned by Councilmember Peel is the increase
in usable, reliable yield based on the future infrastructure and water rights acquired. He
commented on other numbers provided.
Councilmember Peel asked who comprised the community stakeholder group. Dustin replied the
Affordable Housing Board, Building Review Commission, Chamber of Commerce, Economic
Advisory Board, ELCO, Fort Collins-Loveland Water District, Natural Resources Advisory
Board, and Planning and Zoning Commission were contacted. Additionally, a lunch and learn
event was held with key account holders and other impacted stakeholders with an attendance of
60-70 people.
Councilmember Peel asked about the consensus of opinions of the stakeholders. Dustin replied
no one wants fees to increase; however, the increased costs of water were recognized.
Councilmember Peel asked if these types of increases are anticipated for the future. Dustin replied
staff hopes that is not the case; however, preliminary indications are that the Halligan project and
associated water rights are likely to increase in cost.
Councilmember Peel stated the management of the water supply is important enough that an ad-
hoc committee should be formed to investigate its management for the future. Dustin confirmed
the Water Board was consulted several times on this issue as well.
Councilmember Ohlson stated the City organization does have competent and effective leadership
in place and stated that while this rate increase is not ideal, the alternative is either not having
adequate water supplies in the future or charging existing ratepayers for something they should
not have to fund. He commended the staff work on this item and stated it was not rushed in any
way. He stated past Councils have been irresponsibly undercharging for water for decades and
commented on the cost of the Halligan Reservoir project. He stated he will follow up with staff
on questions about why the percentage of existing ratepayers is much higher than the future
growth. He asked if the Water Board unanimously supported this rate increase. Dustin replied in
the affirmative.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 151, 2021, on Second Reading.
City of Fort Collins Page 78
RESULT: ORDINANCE NO. 151, 2021 ADOPTED ON SECOND READING [6 TO 1]
MOVER: Emily Francis, District 6
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Francis, Arndt, Canonico, Ohlson, Gutowsky
NAYS: Peel
22. Resolution 2021-108 Authorizing the City Manager to Sign a Master License Agreement with
Crown Castle Fiber, LLC for Small Wireless Communication Equipment Attachments on City
Facilities in Public Rights-of-Way. (Adopted)
The purpose of this item is to authorize the City Manager to enter into a Master License Agreement
with Crown Castle Fiber concerning the use of the City's infrastructure and rights -of-way for small
cellular equipment and associated uses.
Councilmember Ohlson questioned why this Resolution would be adopted prior to the adoption of
design guidelines. Tyler Marr, Policy and Project Analyst, replied this is the fifth master lease
agreement that has been signed and the language related to incomplete design guidelines is likely
outdated. He stated sites for other cell carriers are nearing completion and associated design
guidelines are stricter than what is articulated in the master lease agreement.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Peel, to adopt Resolution
2021-108.
RESULT: RESOLUTION 2021-108 ADOPTED [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Shirley Peel, District 4
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
• DISCUSSION ITEMS
23. Resolution 2021-105 Adopting the 2021 Civic Center Master Plan. (Adopted)
Moved to Discussion
The purpose of this item is to request that the Master Plan that was reviewed and commented on
during the July 27, 2021, Work Session be adopted by Council. Additionally, on November 10, 2021,
hard copies will be provided for Council review prior to the November 16, 2021, Council meeting.
Ken Mannon, Operations Services Director, stated this item would adopt the Civic Center Master
Plan.
Kate Penning, Clark & Enersen, discussed the goals of the Civic Center Master Plan: to identify
the space planning needs for 15-year and 30-year growth plans and to develop design cost
estimates for needed buildings. She outlined the process that has led to the development of the
Plan and discussed the plans for wayfinding, a defined customer service area, active space for
community, and activating and expanding Washington Park.
Mannon discussed the elimination of parking spaces and increase in area employees which led to
concern about not having a parking structure included in the Plan. He outlined next steps which
include a parking and traffic study and phase planning, all of which are part of the 2022 budget.
Councilmember Ohlson questioned the focus on 3-day in-person work weeks, or 60% staffing
levels, noting there will still be requirements or desires for full in-person weeks for some
employees. Interim City Manager DiMartino stated the organization is currently undergoing an
City of Fort Collins Page 79
evaluation of the future of work and the inclusion of how to best deliver customer service while
retaining the best work force in a fiscally responsible fashion. She stated the future of work will
likely be constantly evolving and stated the next phase of design for this Plan will include more
details. Tyler Marr, Policy and Project Analyst, replied the 60% number in the Plan is one
assumption; however, it includes assumptions for up to 100% on-site staffing. He stated the space
planning study that is currently funded in the 2022 budget will determine who goes where and
work will be further along in the future of work effort when that study occurs.
Mayor Pro Tem Francis stated she understands the need for a parking garage; however, she still
does not support its inclusion. She stated fundamental shifts must be made in transportation around
the city and more of a focus should be placed on modes other than individual vehicles.
Mayor Arndt asked if a parking garage that could be later converted to residential uses has been
contemplated. Marr replied in the affirmative and noted each component of the Master Plan will
be a source of public and Council input moving forward.
Mayor Arndt asked if a parking garage or surface parking would be easier and more flexible to
convert. Marr replied the hope would be for less use of a parking garage in the future as the use
of individual cars decreases and that space could be converted to a different use.
Councilmember Canonico agreed with Mayor Pro Tem Francis’ comments and stated she would
like the Plan to include a note that there is flexibility in terms of a parking garage design.
Councilmember Pignataro asked if other uses for the parking garage space were entertained.
Mannon noted the last Master Plan had two parking structures and stated this revision intentionally
downsized that. He noted there are numerous complaints received annually regarding employees
parking in area neighborhoods. Ms. Penning replied other uses in the parking garage have been
contemplated, including shops and a daycare center. She also noted City vehicles must be parked
somewhere on the site and the Master Plan only identifies parking available for customers. She
stated the parking garage is a placeholder without an identified square footage and she noted the
need will not be defined until the parking study is complete.
Councilmember Pignataro stated she would support the item though she understands the concerns.
Councilmember Peel also agreed with Mayor Pro Tem Francis’ comments but stated it appears
flexibility is included.
Councilmember Gutowsky supported including the parking garage in the initial Plan noting many
employees are being forced to be car dependent due to the housing shortage in Fort Collins.
Mayor Pro Tem Francis stated she understands the need for parking; however, she does not believe
the Plan represents the flexibility and opportunity for creative thinking.
Councilmember Pignataro made a motion, seconded by Councilmember Peel, to adopt Resolution
2021-105.
City of Fort Collins Page 80
RESULT: RESOLUTION 2021-105 ADOPTED [6 TO 1]
MOVER: Julie Pignataro, District 2
SECONDER: Shirley Peel, District 4
AYES: Pignataro, Arndt, Canonico, Peel, Ohlson, Gutowsky
NAYS: Francis
24. Second Reading of Ordinance No. 145, 2021, Being the Annual Appropriation Ordinance
Relating to the Annual Appropriations for Fiscal Year 2022; Adopting the Budget for the Fiscal
Year beginning January 1, 2022, and Ending December 31, 2022; and Fixing the Mill Levy for
Property Taxes Payable in 2022. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on November 2, 2021, sets the City Budget
for the one-year period (2022) which becomes the City’s financial plan for the next fiscal year. This
Ordinance sets the amount of $702,408,235 to be appropriated for fiscal year 2022. However, this
appropriated amount does not include what is being budgeted and appropriated by separate
Council/Board of Director actions to adopt the 2022 budget for the General Improvement District (GID)
No. 1 of $382,502, the 2022 budget for GID No. 15 (Skyview) of $1,000, the Urban Renewal Authority
(URA) 2022 budgets of $6,163,502 and the Downtown Development Authority 2021 budget of
$25,431,519. This results in City-related total operating appropriations of $734,386,758 in 2022. This
Ordinance also sets the 2021 City property tax mill levy at 9.797 mills, unchanged since 1991.
Travis Storin, Chief Financial Officer, reviewed the public input process for the agenda and
mentioned the changes that have been made to the City Manager’s recommended budget resulting
in the current recommendation. He stated the total City gross appropriation will be $734 million
which supports a net City budget of $546.1 million.
Councilmember Pignataro apologized to Shayne Weber who she thought was referencing the
Citizen’s Review Board earlier, but who was actually referencing the Chief Community Advisory
Committee.
Councilmember Ohlson stated this is the first budget he has enthusiastically supported in his time
on Council, and he commended staff on work to include Council priorities. He stated he will
support funding for stream restoration in the 2023-2024 budget.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 145, 2021, on Second Reading.
RESULT: ORDINANCE NO 145, 2021 ADOPTED ON SECOND READING [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
25. Resolution 2021-110 Adopting the City's 2022 Legislative Policy Agenda. (Adopted as
Amended)
The purpose of this item is to consider and adopt the City's 2022 Legislative Policy Agenda. Each year
the Legislative Review Committee develops a legislative agenda to assist in the formation, analysis,
and advocacy of pending legislation and regulation. The Legislative Policy Agenda is used as a guide
by Council and staff to determine positions on legislation and regulation under consideration at the
state and federal levels and as a general reference for state legislators and the City’s congressional
delegation. The Legislative Review Committee recommended adoption of the 2021 agenda at its
November 5, 2021, meeting.
Councilmember Ohlson requested clarification regarding the elimination of language related to
reductions of fossil fuel generation and consumption. Ginny Sawyer, Policy and Project Manager,
City of Fort Collins Page 81
replied the goal of the language change was to take a positive stance in expressing support for
electrification over fossil fuels. Additionally, the language expresses support for gre enhouse gas
emission reduction targets.
Councilmember Ohlson stated reductions of fossil fuel generation and consumption should be
clearly called out in the language as climate change is an existential threat to life on the planet.
John Phelan, Energy Services Manager, suggested language that could be included. Sawyer stated
staff could bring back a language change at the request of Council and noted a legislative breakfast
with all of Council and the state representatives is scheduled for December 7 at which time Council
generally provides the document. She stated much of the document could be discussed at that time
with the full document provided at a later date.
Councilmember Ohlson suggested bringing the Legislative Policy Agenda before Council earlier
in the calendar year to avoid this scheduling issue in the future.
Councilmember Canonico requested the addition of the term ‘climate emergency.’ Interim City
Manager DiMartino suggested taking a break or tabling the item until later in the meeting to allow
staff time to craft some specific language.
Councilmember Ohlson made a motion, seconded by Mayor Pro Tem Francis, to table
consideration of this item until after consideration of the Discussion Agenda. Yeas: Arndt,
Pignataro, Peel, Gutowsky, Ohlson, Canonico and Francis. Nays: none.
THE MOTION CARRIED.
(Secretary’s Note: The Council took a brief recess at this point in the meeting and took up
consideration of this item following the Discussion Agenda.)
Sawyer provided language addressing the climate emergency, relating to reducing or eliminating
natural gas and petroleum use via electrification, and relating to reducing fossil fuel, generated
electricity, and eliminating the use of coal.
Councilmember Canonico supported the language change.
Councilmember Peel stated there are some items in the Policy Agenda she does not necessarily
support but she appreciated the collaborative effort.
Mayor Arndt commended the language changes made based on input provided.
Mayor Pro Tem Francis made a motion, seconded by Canonico, to adopt Resolution 2021-110, as
amended.
RESULT: RESOLUTION 2021-110 ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
• OTHER BUSINESS
A. Consider a Motion to go into an Executive Session:
Mayor Pro Tem Francis made a motion, seconded by Councilmember Canonico, that the City
Council go into executive session for the purpose of meeting with the City’s attorneys and City
City of Fort Collins Page 82
management staff to consider and discuss strategy matters relating to negotiations with the
Fraternal Order of Police Lodge No. 3, as permitted under section 2-31(a)(1)(d) of the City Code
and Colorado Revised Statutes Section 24-6-402(4)(e).
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
B. Motion to call a Special Meeting:
Mayor Pro Tem Francis made a motion, seconded by Councilmember Pignataro, pursuant to
Section 2-29(a) of the City Code, that the Council call a special meeting of the Council to take
place on Tuesday, November 30, 2021, at 6:00 p.m. to consider a motion for an executive session
to discuss annual performance evaluations for the Chief Municipal Judge, City Attorney, and
Interim City Manager.
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
C. Motion to call a Special Meeting:
Mayor Pro Tem Francis made a motion, seconded by Councilmember Gutowksy, pursuant to
Section 2-29(a) of the City Code, that the Council call a special meeting of the Council to take
place on Tuesday, December 7, 2021, at 5:30 p.m. to consider a motion for an executive session
to discuss performance and compensation for the Chief Municipal Judge, City Attorney, and
Interim City Manager.
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
• ADJOURNMENT
The meeting adjourned at 10:08 PM.
______________________________
Mayor
ATTEST:
________________________________
Interim City Clerk
City of Fort Collins Page 83
November 30, 2021
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Special Meeting – 6:00 PM
• ROLL CALL
PRESENT: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
STAFF: DiMartino, Daggett, Pusheck
(Secretary’s note: Councilmember Peel participated remotely and did not vote.)
• ITEMS FOR CONSIDERATION
1. Consideration of a motion to adjourn into executive session.
Council is asked to consider going into executive session to conduct the annual evaluations of the
Chief Municipal Judge, City Attorney, and Interim City Manager.
“I move that the City Council go into executive session, as permitted under Article Two,
Section Eleven, item One, of the City Charter, Section 2-31(a)(1)(a) of the City Code and
Colorado Revised Statutes Section 24-6-402(4)(f)(roman numeral one), for the purpose of
conducting annual evaluations of the Chief Municipal Judge, City Attorney, and Interim City
Manager.”
Chief Judge 60 minutes
City Attorney 60 minutes
Interim City Manager 90 minutes
Note: Times are approximate with breaks, as necessary.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Pignataro, that the City
Council go into executive session, as permitted under Article Two, Section Eleven, item One, of
the City Charter, Section 2-31(a)(1)(a) of the City Code and Colorado Revised Statutes Section
24-6-402(4)(f)(roman numeral one), for the purpose of conducting annual evaluations of the Chief
Municipal Judge, City Attorney And City Manager.
RESULT: ADOPTED [6 TO 0]
MOVER: Emily Francis, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Francis, Arndt, Canonico, Ohlson, Gutowsky
AWAY: Peel
• ADJOURNMENT
The meeting adjourned at 9:42 PM.
______________________________
Mayor
ATTEST:
________________________________
Interim City Clerk