HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/21/2021 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE D Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY December 21, 2021
City Council
STAFF
Tammi Pusheck, Interim City Clerk
SUBJECT
Consideration and Approval of the Minutes of the December 7 Special Meeting and the December 7 Regular
Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes of the December 7 Special meeting and the December 7
Regular meeting.
ATTACHMENTS
1. December 7, 2021 Special Meeting (PDF)
2. December 7, 2021 Regular Meeting (DOCX)
City of Fort Collins Page 84
December 7, 2021
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Special Meeting – 5:30 PM
• ROLL CALL
PRESENT: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
STAFF: DiMartino, Daggett, Pusheck
• DISCUSSION ITEMS
1. Executive Session Authorized.
This Special Meeting was called to consider going into Executive Session to present the compensation
market analysis for the Council's direct employees- City Manager, City Attorney, and Chief Judge:
“I move that the City Council go into executive session, as permitted under Article Two,
Section Eleven of the City Charter, Section 2-31(a)(1) of the City Code and Colorado Revised
Statutes Section 24-6-402(4)(f)(roman numeral one), for the purpose of presenting the
compensation market analysis for the Council's direct employees."
Mayor Pro Tem Francis made a motion, seconded by Councilmember Peel, 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 presenting the compensation market analysis for
the Council's direct employees.
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Shirley Peel, District 4
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
• ADJOURNMENT
The meeting adjourned at 6:01 PM.
______________________________
Mayor
ATTEST:
________________________________
Interim City Clerk
City of Fort Collins Page 85
December 7, 2021
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
• ROLL CALL
PRESENT: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
STAFF: DiMartino, Daggett, Pusheck
• AGENDA REVIEW: CITY MANAGER
The video outlining public participation options was played.
Interim City Manager DiMartino stated there were no changes to the published agenda.
• COMMUNITY REPORT: ATTORNEY GENERAL'S OPIOID RESPONSE PRESENTATION
Heidi Williams, Colorado Attorney General’s Director of Opioid Response, discussed the statistics
related to opioid deaths in Colorado.
John Feeney-Coyle, Colorado Attorney General’s Office, discussed the memorandum of
understanding that details a plan for distributing settlement funds from completed and future opioid
litigations. He stated it will be essential that local governments, in partnership with the State,
collaborate to utilize the funds as effectively as possible. He noted the settlements require the
funds to be used for abatement of the opioid epidemic, including treatment, recovery, criminal
justice, prevention and education, and harm reduction. He outlined the distribution of settlement
funds and discussed the regional governance committee requirement per the memorandum of
understanding.
City Attorney Daggett noted conversations have been ongoing with local governments in the
region to develop a proposal for the local governance committee which will culminate with an
intergovernmental agreement that will ultimately come before Council.
• PUBLIC COMMENT ON ANY TOPIC OR ITEMS
Shayne Weber commented on it being difficult to locate the equity indicators report on the City’s
website and discussed the report issued by the community impact ad hoc committee. He stated
the Citizen Review Board does not have its 2021 Work Plan publish ed. He expressed concern
about a comment from Councilmember Ohlson regarding Fort Collins Police Services not having
the same issues as other departments in the country.
Sabrina Santos discussed an incident during which she was followed out of a Council meeting by
the Police Chief asking if she wanted to have a further discussion and expressed disappointment
in the reaction of Council to her bringing up this incident at a prior meeting. She stated Council
does not understand the difference between intent and impact and expressed concern Council has
refused to respond to the concerns raised about Police Services.
• PUBLIC COMMENT FOLLOW-UP
Councilmember Ohlson stated he does believe Fort Collins Police Services is a notch above most;
however, they are not perfect and cutting their budget will not help with necessary reform. He
stated he will meet with any citizen any time.
City of Fort Collins Page 86
Councilmember Pignataro apologized to Ms. Santos and stated she did not intend to discredit her
in any way. She discussed the community impact ad hoc committee’s work and noted the
formation of the equity office was a direct result of that.
Councilmember Peel stated the Citizen Review Board is working on its Work Plan; however, that
has been put on hold until new members are in place. She noted the meetings are open to the
public and stated she would be happy to meet with the citizens who spoke as they are both in her
district.
Councilmember Gutowsky discussed the community impact ad hoc committee’s work and
outcomes. She discussed the change in use of the Police budget to better address community
needs, including co-responder groups.
• COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
Councilmember Ohlson withdrew Item No. 18, Items Relating to the 2022 Classified Employee
Pay Plan, from the Consent Agenda.
• CONSENT CALENDAR
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 CALENDAR 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 November 2 and November 16 Regular
Meetings and the November 30 Special Meeting. (Adopted)
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.
2. Second 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)
This Ordinance, unanimously adopted on First Reading on November 16, 2021, appropriates $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 per sonal protective equipment for FCPS
police officers as a demonstration of appreciation for their sacrifice and service.
3. Second 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)
This Ordinance, unanimously adopted on First Reading on November 16, 2021, appropriates $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.
4. Second Reading of Ordinance No. 154, 2021, Appropriating Philanthropic Revenue Received
by City Give for FC Moves for the Safe Routes to School Program. (Adopted)
This Ordinance, unanimously adopted on First Reading on November 16, 2021, requests 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
City of Fort Collins Page 87
donors: $1,000 received from SCHEELS and $5,000 received from FoCo Fondo for Safe Routes to
School.
5. Second Reading of Ordinance No. 155, 2021, Making Supplemental Appropriations,
Appropriating Prior Year Reserves, and Authorizing Tran sfers of Appropriations for the
Laporte Avenue Multimodal Improvements Project and Related Art in Public Places. (Adopted)
This Ordinance, unanimously adopted on First Reading on November 16, 2021, enables 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
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.
A Resolution authorizing the Mayor to execute an Intergovernmental Agreement with CDOT for the
funding for the Project will be presented for consideration on December 21, 2021.
6. Second Reading of Ordinance No. 156, 2021, Making Supplemental Appropriations and
Appropriating Prior Year Reserves to Purchase Eight Electric Buses and Associated Charging
Equipment. (Adopted)
This Ordinance, unanimously adopted on First Reading on November 16, 2021, appropriates
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.
7. Second Reading of Ordinance No. 157, 2021, Appropriating Prior Year Reserves 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)
This Ordinance, unanimously adopted on First Reading on November 16, 2021, appropriates $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.
8. Second 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)
This Ordinance, unanimously adopted on First Reading on November 16, 2021, amends 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 C ity Code for all other
boards and commissions.
City of Fort Collins Page 88
9. Second 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. (Adopted)
This Ordinance, unanimously adopted on First Reading on November 16, 2021, authorizes
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.
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 and may request
changes to the Restrictive Notices based on that comment. Any such changes will be presented to
Council at second reading.
10. Second 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.
(Adopted)
This Ordinance, unanimously adopted on First Reading on November 16, 2021, requests an exception
to the competitive bid process and a contract term 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.
11. Second Reading of Ordinance No. 161, 2021, Amending Ordinance No. 097, 2021, Establishing
the Fort Collins Tourism Improvement District. (Adopted)
This Ordinance, unanimously adopted on First Reading on November 16, 2021, amends 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.
12. First Reading of Ordinance No. 162, 2021, Appropriating Unanticipated Grant Revenue in the
Cultural Services and Facilities Fund for The Gardens on Spring Creek. (Adopted)
The purpose of this item is to appropriate unanticipated grant revenue in the Cultural Services and
Facilities Fund for The Gardens on Spring Creek programs. This appropriation includes $49,905 of
grant revenues awarded on October 22, 2021, by the Institute of Museum and Library Services to
support personnel and expenses of The Gardens Health and Wellbeing Enhancement Programs.
13. First Reading of Ordinance No. 163, 2021, Making Supplemental Appropriations and
Authorizing Related Actions for the Lincoln Center's Shuttered Venue Operators Grant.
(Adopted)
The purpose of this item is to appropriate unanticipated grant revenue in the Cultural Services &
Facilities Fund for the Lincoln Center operations. This appropriation includes $621,884 of
supplemental grant revenues awarded on October 20, 2021, provided by the United States Federal
Government through the Small Business Administration to support personnel or business expenses.
City of Fort Collins Page 89
14. First Reading of Ordinance No. 164, 2021, Making Supplemental Appropriations and
Appropriating Prior Year Reserves for Supplemental Snow Removal. (Adopted)
The purpose of this item is to appropriate prior year reserves and unanticipated revenue to cover snow
removal costs that have exceeded the 2021 budget due to significant snowstorms, such as the March
2021 snowstorm.
15. First Reading of Ordinance No. 165, 2021, Adopting the 2022 Larimer County Regional
Transportation Capital Expansion Fee Schedule. (Adopted)
The purpose of this item is to adopt the 2022 Larimer County Regional Transportation Capital
Expansion Fee Schedule.
16. Public Hearing and First Reading of Ordinance No. 166, 2021, Approving the Addition of
Permitted Uses Associated with the Fort Collins-Loveland Water District Overall Development
Plan ODP210001. (Adopted)
The purpose of this item is to consider the Addition of Permitted Uses (APU) in an Overall Development
Plan (ODP) for future expansion of facilities at the existing Fort Collins-Loveland Water (FCLWD)
campus. The proposed expansion will occur over time and includes a new maintenance building,
outdoor storage, a publicly accessible water filling station and covered parking for fleet vehicles.
The property has split zoning, with about half in the Low Density Residential (RL) zone district, which
does not list the proposed uses as Permitted Uses. To directly address this, ODP includes a request
for Addition of Permitted Uses as allowed under Land Use Code Section 1.3.4.
The APU process requires the ODP to be reviewed and decided by the Planning and Zoning
Commission (“P&Z”), in conjunction with a P&Z recommendation to Council on the APU aspect of the
plan. Council is then required to decide whether to authorize the additional uses. On October 21, 2021,
P&Z unanimously (7-0 vote) approved the ODP conditional upon Council approval of the APU and
recommended that Council approve the APU.
If this item is pulled from the consent agenda and Council votes to deny the APU, staff will present an
ordinance to deny the APU at the next regular Council meeting.
17. First Reading of Ordinance No. 167, 2021, Authorizing a Temporary Exception to the Land Use
Code to Allow T-Mobile to Place a Temporary Wireless Telecommunications F acility at 1800
East Harmony Road to Replace Lost Wireless Service Coverage. (Adopted)
The purpose of this item is to authorize a temporary wireless telecommunication facility known as a
cell-on-wheels (COW), operated by T-Mobile, to be located at 1800 East Harmony. The temporary
authorization would expire on March 31, 2022, subject to Council’s revocation at any time, with an
option for the Director of Community Development & Neighborhood Services to extend the temporary
approval on a month-to-month basis as warranted. This temporary facility is intended to address a
critical loss in T-Mobile's existing cellular coverage in south Fort Collins caused by T-Mobile’s removal
of wireless equipment from Platte River Power Authority (“PRPA”) infrastructure, to be used only until
a permanent facility (proposed at 4518 Innovation Drive) is fully constructed in 2022.
18. Resolution 2021-111 Finding Substantial Compliance and Initiating Annexation Proceedings
for the Timber Lark Annexation. (Adopted)
The purpose of this item is to determine substantial compliance and initiate annexation proceedings
for the Timber Lark Annexation. The Applicant has submitted a written petition requesting the
annexation. The Timber Lark Annexation totals 35.17-acres, which establishes 1/6 perimeter boundary
contiguity with the existing municipal boundaries to the west, north, and east, is located approximately
600 feet northwest of the intersection of South Timberline Road and East Trilby Road.
City of Fort Collins Page 90
The requested zoning for this annexation is Low Density Mixed-Use Neighborhood (L-M-N) in
compliance with the City of Fort Collins Structure Plan and the Fossil Creek Reservoir Area Plan.
Notice to parcels abutting platted streets was provided pursuant to § 31 -12-105, C.R.S. No project
development plan proposal was submitted in conjunction with the annexation application.
This annexation request is in conformance with the State of Colorado Revised Statutes as they relate
to annexations, the City of Fort Collins Comprehensive Plan, and th e Larimer County and City of Fort
Collins Intergovernmental Agreement Regarding Growth Management.
19. Resolution 2021-112 Adopting the 2021 Update to the Three-Mile Plan for the City of Fort
Collins. (Adopted)
The purpose of this item is to adopt the annual update of the Three-Mile Plan for the City of Fort Collins,
which is required by Colorado Revised Statutes to describe the general location, character, utilities,
infrastructure, and land uses for areas of potential annexation within three miles of the municipal
boundary. The Three-Mile Plan is a reference document and annual updates highlight the applicable
plans and policies adopted or amended by the City over the preceding year.
20. Resolution 2021-113 Approving Participation in the Colorado Opioids Settlement and
Authorizing Execution of Related Agreements. (Adopted)
The purpose of this item is to provide an overview of the Colorado Opioids Settlement Memorandum
of Understanding (MOU) and seek approval of a resolution to allow the City to participate in the
Colorado Opioids Settlement by granting approval to sign the MOU and its exhibits, which include
waivers of claims for opioid-related damages.
21. Resolution 2021-115 Authorizing Execution of Adoption Agreement to Update the Service
Directors’ and Council Employees’ 401(a) Plan. (Adopted)
The purpose of this item is to seek Council authorization to execute the updated adoption agreement
of the 401(a) Service Directors’ and Council Employees’ Plan. Updates are necessary to correctly
reflect the City’s contribution to the City Attorney’s 401(a) account. Council is asked to consider and
approve the updated adoption agreement prepared by Nationwide Retirement Solutions, Inc. on behalf
of the City.
22. Items Relating to the Employment Agreements of the City Attorney and Chief Judge. (Adopted)
A. Resolution 2021-116 Authorizing the First Addendum to City Attorney Carrie Daggett’s
Employment Agreement.
B. Resolution 2021-117 Authorizing the First Addendum to Chief Judge Jill Hueser’s
Employment Agreement.
The purpose of this item is to make amendments to the employment agreements of the City Attorney
and Chief Judge relating to the City’s ICMA-RC retirement plan recordkeeper.
• CONSENT CALENDAR FOLLOW-UP
Councilmember Peel commented on Item No. 14, First Reading of Ordinance No. 164, 2021,
Making Supplemental Appropriations and Appropriating Prior Year Reserves for Supplemental
Snow Removal, noting the snow removal budget has been short every year for the past decade.
She suggested it may need to be further discussed in future budgets.
Councilmember Ohlson requested information regarding the use of funds related to Item No. 13,
First Reading of Ordinance No. 163, 2021, Making Supplemental Appropriations and Authorizing
Related Actions for the Lincoln Center's Shuttered Venue Operators Grant, and suggested the City
and County should agree on a construction inflation factor in the future as related to Item No. 15,
City of Fort Collins Page 91
First Reading of Ordinance No. 165, 2021, Adopting the 2022 Larimer County Regional
Transportation Capital Expansion Fee Schedule.
• COUNCILMEMBER REPORTS
Councilmember Canonico reported on a tour of the intensive care unit at Poudre Valley Hospital
and stated 100% of the current ICU patients are unvaccinated against COVID. She noted most
patients are from Colorado. She stated there is no chaos in the hospital and everyone is receiving
good care.
Councilmember Peel reported on the ICU tour and commented on the compassionate, efficient,
and orderly care. She reported on Boards and Commissions interviews and reminded residents to
support local businesses during the holidays. She commented on Pearl Harbor Day.
Mayor Arndt commented on the need to express support for health care workers. She reported on
presenting on a panel on mis- and disinformation and the role of public policy making. She also
reported Fort Collins was chosen to be represented at President Biden’s Defending Democracy
Week kick off.
• CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
23. Items Relating to the 2022 Classified Employee Pay Plan. (Adopted on First Reading)
A. First Reading of Ordinance No. 168, 2021, Adopting the 2022 Classified Employee Pay Plan.
B. First Reading of Ordinance No. 169, 2021, Amending the Code of the City of Fort Collins
Pertaining to Adoption of the Classified Employees Pay Plan.
The purposes of these items are to recommend the 2022 City Classified Employee Pay Plan and to
amend City Code pertaining to the adoption of the classified employees pay plan. Classified jobs are
grouped according to job functions, a business practice commonly used by both the public and private
sectors. Pay ranges are developed by career group (management, professional, admini strative,
operations and trades) and level for each job function. The result of this work is a City Classified
Employee Pay Plan which sets the minimum, midpoint and maximum of pay ranges for the level, within
each career group and function. Actual employees pay increases are awarded through a separate
administrative process in accordance with the budgeted amount approved by Council.
The ordinance making amendments to the City Code will allow the pay plan for classified police
employees (as defined in Fort Collins Municipal Code Section 2-618) to be established in accordance
with any collective bargaining agreement reached with an employee organization selected by such
police employees and approved by Council.
Councilmember Ohlson stated he would not oppose this item on First Reading but expressed
concern about the levels of pay increases for certain categories of employees. He suggested those
types of large increases should be spread out over two years. He stated Council should be voting
on pay increases for all employees annually regardless of whether they are under a collective
bargaining agreement.
Interim City Manager DiMartino stated the suggested change for the collective bargaining
agreement is related to the timing of collecting market data. She stated the proposal is to report to
Council the results of collecting the market data and the resulting pay increases but without
requiring a separate action on the part of Council.
Mayor Pro Tem Francis noted the percentages mentioned are setting the pay range, not setting
guaranteed raises. Interim City Manager DiMartino replied classified employees are on open pay
City of Fort Collins Page 92
increases whereas other employees are on step increases which are consistent with the changes in
the pay range.
Jamie Heckman, Human Resources Consultant, noted the step pay structure includes about 150
employees, primarily in Utilities.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Pignataro, to adopt
Ordinance No. 168, 2021, on First Reading. Yeas: Arndt, Peel, Canonico, Ohlson, Gutowsky,
Pignataro and Francis. Nays: none.
RESULT: ORDINANCE NO. 168, 2021 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Gutowsky
NAYS: Ohlson
Mayor Pro Tem Francis made a motion, seconded by Councilmember Pignataro, to adopt
Ordinance No. 169, 2021, on First Reading.
Councilmember Pignataro expressed support for the research done by the Human Resources team
and consultants and stated she hopes this has the effect of maintaining the high-quality work force.
Councilmember Ohlson stated he would prefer Council vote on each group of employees’ salary
information annually regardless of the time of the year.
RESULT: ORDINANCE NO. 169, 2021 ADOPTED ON FIRST READING [6 TO 1]
MOVER: Emily Francis, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Gutowsky
NAYS: Ohlson
• DISCUSSION ITEMS
24. Resolution 2021-114 Approving a Collective Bargaining Agreement with Northern Colorado
Lodge #3 of the Fraternal Order of Police. (Adopted)
The purpose of this item is to approve a bargaining agreement between the City and the Northern
Colorado Lodge #3, Colorado Fraternal Order of Police (FOP) and authorize execution of such
agreement. The City and the FOP, using an Interest Based Bargaining (IBB) approach, engaged in
negotiations regarding the terms and conditions of a possible bargaining agreement for 2022, 2023,
and 2024. City staff and the FOP have tentatively reached an agreement. Fraternal Order of Police
members plan to vote to ratify the proposed contract by December 6, and staff will provide an update
as part of the presentation.
Tyler Marr, Assistant City Manager, discussed the background of the collective bargaining
agreement between the City and the Fraternal Order of Police Lodge Number 3 (FOP). He noted
the current three-year agreement will expire at the end of this year and the new three-year
agreement, which was voted upon to be ratified by the FOP, will begin January 1, 2022. He
discussed the City’s goals of ensuring community safety and fostering and preserving the public
trust that allows for the use of those safety services. He stated there is a mutual goal of keeping
bargaining unit members at a market competitive position while still being good stewards of City
resources. He stated the main priority from the FOP related to the City being out of market
City of Fort Collins Page 93
regarding retiree health and negotiations were held regarding providing funding assistance to
bridge the gap between the retirement age of 55 and the Medicare age of 65. The proposal that
was ultimately agreed upon was to implement a tenure-based award system that will provide a
one-time bonus award into a post-employment health plan. Additionally, a catch-up provision for
2022 only will be provided for long-tenured officers who may not have additional milestones
ahead of them. Marr stated the additional cost of this agreement includes a one-time cost of $1.4
million for the catch-up provision and an ongoing cost ranging from $225,000-$350,000. He
provided additional details regarding the agreement.
Bryan Brown, lead negotiator for the Fraternal Order of Police collective bargaining unit, thanked
Council for meeting with him and stated these negotiations were the most successful and
collaborative of the past four contracts. He stated the contract will provide for recruiting and
retaining the best people to do these jobs. He thanked Marr and the other staff for their work.
Mayor Arndt thanked Mr. Brown for reaching out to Council to have meetings and congratulated
Marr and staff on reaching a collaborative agreement.
Councilmember Ohlson stated he was unaware of being invited to meet with Mr. Brown. He stated
he would not support this item given the increased cost and the fact that other City employees
cannot receive health care assistance after retirement. He asked if the post-retirement health care
assistance could be reconsidered in the future if it is ultimately determined the dollar amounts are
too high. Marr replied the City is committed to doing market assessments prior to each bargaining
cycle and would negotiate to right-size any item found to be excessive.
Mayor Pro Tem Francis stated she would support the item given the uniqueness of the positions
and the need for health care support. She commended the negotiation process.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Peel, to adopt Resolution
2021-114.
RESULT: RESOLUTION 2021-114 ADOPTED [6 TO 1]
MOVER: Emily Francis, District 6
SECONDER: Shirley Peel, District 4
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Gutowsky
NAYS: Ohlson
25. First Reading of Ordinance No. 170, 2021, Amending Section 2-606 of the Code of the City of
Fort Collins and Setting the Salary of the Chief Judge. (Adopted on First Reading)
The purpose of this item is to establish the 2022 compensation of the Chief Judge. Council met in
executive session on November 30, 2021, to conduct the performance review of Ch ief Judge Jill
Hueser.
Jamie Heckman, Human Resources Consultant, discussed the City’s compensation philosophy to
consider competitive pay, have a data-driven and transparent approach, and ensuring a market-
based approach with a tie to performance. She stated the Chief Judge has a Colorado-based market
with nine benchmark cities and she outlined the market data for the position.
Councilmember Pignataro noted Council’s three direct reports, the Chief Judge, City Attorney,
and City Manager, are each in unique situations as the Chief Judge was recently hired and the City
Manager is currently in an interim position. She also noted no raises were given last year due to
COVID.
City of Fort Collins Page 94
Mayor Pro Tem Francis expressed support for a 4% raise which will get the Chief Judge closer to
the 75th percentile and is reflective of her good work.
Mayor Arndt also expressed support for a 4% raise noting the Chief Judge has worked to make
changes to align with Council priorities.
Councilmember Pignataro also expressed support for a 4% raise citing the Chief Judge’s work to
constantly make improvements despite being understaffed.
Councilmembers Canonico and Gutowsky also expressed support for a 4% raise and commended
the work of the Chief Judge.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Pignataro, to adopt
Ordinance No. 170, 2021, on First Reading, setting the salary of the Chief Judge to $171,600.
RESULT: ORDINANCE NO. 170, 2021 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
26. First Reading of Ordinance No. 171, 2021, Amending Section 2-581 of the Code of the City of
Fort Collins and Setting the Salary of the City Attorney. (Adopted on First Reading)
The purpose of this item is to establish the 2022 compensation of the City Attorney. Council met in
executive session on November 30, 2021, to conduct the performance review of Carrie Daggett, City
Attorney.
Jamie Heckman, Human Resources Consultant, discussed the City’s compensation philosophy to
be data-driven, transparent, market-based, tied to performance, and competitive. She stated the
City Attorney has a national market with 17 benchmark cities and she outlined the market data for
the position.
Councilmember Canonico expressed support for a 3% increase citing City Attorney Daggett’s
work and the fact she did not receive a raise last year.
Mayor Arndt also expressed support for a 3% increase as it will place the City Attorney above the
50th percentile.
Mayor Pro Tem Francis also expressed support for a 3% increase.
Councilmember Gutowksy also expressed support for a 3% increase citing the leadership and work
of the City Attorney.
Councilmembers Pignataro and Peel also expressed support for a 3% increase.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 171, 2021, on First Reading, setting the salary of the City Attorney to $212,273.
City of Fort Collins Page 95
RESULT: ORDINANCE NO. 171, 2021 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
27. First Reading of Ordinance No. 172, 2021, Temporarily Superseding City Code and Setting the
Compensation and Terms of Employment of the Interim City Manager. (Adopted on First
Reading)
The purpose of this item is to establish the 2022 compensation of the Interim City Manager. Council
met in executive session on November 30, 2021, to conduct the performance review of Kelly DiMartino,
Interim City Manager.
Jamie Heckman, Human Resources Consultant, discussed the City’s compensation philosophy to
be data-driven, transparent, market-based, tied to performance, and competitive. She stated the
City Manager has a national market with 20 benchmark cities and she outlined the market data for
the position.
Mayor Pro Tem Francis commented on the understanding that the salary provided to Interim City
Manager DiMartino was set for the time period until a new City Manager is named and noted there
is no market data on Interim City Managers.
Councilmember Canonico agreed with Mayor Pro Tem Francis and asked if a raise could be given
to Interim City Manager DiMartino if she were to return to her Deputy City Manager Position
following the hiring of a City Manager. Ms. Heckman replied in the affirmative.
Mayor Arndt noted the agreement for the compensation of the Interim City Manager was only
recently agreed upon and the interim nature of the position is not yet over. She stated this is not
reflective of the good work being done by Interim City Manager DiMartino.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 172, 2021, on First Reading, setting the salary of the Interim City Manager to
$231,573.
RESULT: ORDINANCE NO. 172, 2021 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
• ADJOURNMENT
The meeting adjourned at 7:38 PM.
______________________________
Mayor
ATTEST:
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Interim City Clerk