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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/18/2022 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE D Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY January 18, 2022 City Council STAFF Anissa Hollingshead, City Clerk SUBJECT Consideration and Approval of the Minutes of the December 21, 2021 and January 4, 2022 Regular Meetings. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes of the December 21, 2021 and January 4, 2022 regular meetings. ATTACHMENTS 1. December 21, 2021 (PDF) 2. January 4, 2022 (PDF) City of Fort Collins Page 96 December 21, 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, Peel, Ohlson, Gutowsky ABSENT: Canonico 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. • PUBLIC COMMENT ON ANY TOPIC OR ITEMS Heidi Smith discussed Sheriff Smith’s comments on homeless residents and stated he should not hold his position given the discrimination he exhibits toward the homeless population. Sterling Hunter Linville stated there were many individuals who wanted to speak at this meeting and did not attend because they were afraid. Shayne Weber, People’s Initiative for Equity, asked why the data regarding arrest and citation by race has not been updated on the Fort Collins Police Services transparency page since May of 2020. He asked about the action plan for next steps regarding the 24/7 shelter for people experiencing homelessness. He encouraged Council to recognize the difference between intent and commitment and asked what Council is committed to doing to stop the existence of homelessness and to address the needs of those experiencing homelessness. Eric Sutherland discussed the Council work session dealing with Connexion and questioned how the utility will be funded stating it cannot increase its revenues rapidly enough to cover its debt service. He stated a citizen advisory panel should be formed regarding Connexion. • CONSENT CALENDAR Mayor Pro Tem Francis made a motion, seconded by Councilmember Gutowsky, to adopt and approve all items on the Consent Agenda. RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS] MOVER: Emily Francis, District 6 SECONDER: Susan Gutowsky, District 1 AYES: Pignataro, Francis, Arndt, Peel, Ohlson, Gutowsky ABSENT: Canonico 1. Consideration and Approval of the Minutes of the December 7 Special Meeting and the December 7 Regular Meeting. (Adopted) The purpose of this item is to approve the minutes of the Decemb er 7 Special meeting and the December 7 Regular meeting. City of Fort Collins Page 97 2. Second Reading of Ordinance No. 162, 2021, Appropriating Unanticipated Grant Revenue in the Cultural Services and Facilities Fund for The Gardens on Spring Creek. (Adopted) This Ordinance, unanimously adopted on First Reading on December 7, 2021, appropriates 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. 3. Second Reading of Ordinance No. 163, 2021, Making Supplemental Appropriations and Authorizing Related Actions for the Lincoln Center's Shuttered Venue Operators Grant. (Adopted) This Ordinance, unanimously adopted on First Reading on December 7, 2021, appropriates unanticipated grant revenue in the Cultural Services & Facilities Fund for the L incoln 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. 4. Second Reading of Ordinance No. 164, 2021, Making Supplemental Appropriations and Appropriating Prior Year Reserves for Supplemental Snow Removal. (Adopted) This Ordinance, unanimously adopted on First Reading on December 7, 2021, appropriates 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. 5. Second Reading of Ordinance No. 165, 2021, Adopting the 2022 Larimer County Regional Transportation Capital Expansion Fee Schedule. (Adopted) This Ordinance, unanimously adopted on First Reading on December 7, 2021, adopts the 2022 Larimer County Regional Transportation Capital Expansion Fee Schedule. 6. Second 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) This Ordinance, unanimously adopted on First Reading on December 7, 2021, adopts 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. 7. Second 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 Facility at 1800 East Harmony Road to Replace Lost Wireless Service Coverage. (Adopted) This Ordinance, unanimously adopted on First Reading on December 7, 2021, authorizes 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 opti on 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. City of Fort Collins Page 98 8. Second Reading of Ordinance No. 168, 2021, Adopting the 2022 Classified Employee Pay Plan. (Adopted) This Ordinance, unanimously adopted on First Reading on December 7, 2021, adopts the 2022 City Classified Employee 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, administrative, 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. 9. Second 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) This Ordinance, unanimously adopted on First Reading on December 7, 2021, establishes the 2022 compensation of the Chief Judge. Council met in executive session on November 30, 2021, to conduct the performance review of Chief Judge Jill Hueser. 10. Second 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) This Ordinance, unanimously adopted on First Reading on December 7, 2021, establishes the 2022 compensation of the City Attorney. Council met in executive session o n November 30, 2021, to conduct the performance review of Carrie Daggett, City Attorney. 11. Second Reading of Ordinance No. 172, 2021, Temporarily Superseding City Code and Setting the Compensation and Terms of Employment of the Interim City Manager. (Adopted) This Ordinance, unanimously adopted on First Reading on December 7, 2021, establishes 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. 12. Resolution 2021-118 Authorizing the Execution of an Intergovernmental Agreement Between the City of Fort Collins, the City of Loveland, Larimer County and the Larimer Emergency Telephone Authority Concerning Network Connectivity. (Adopted) The purpose of this item is to authorize the City to enter into an Intergovernmental Agreement (IGA) with the City of Loveland, Larimer County, and the Larimer Emergency Telephone Authority (LETA) concerning the Combined Regional Information Systems Project (CRISP) network connecting with the LETA network to provide area Public Safety Answering Points (PSAP) to operate seamlessly from the LETA backup center as necessary. 13. Resolution 2021-119 Adopting the City of Fort Collins Gene ral Employees' Retirement Plan as Amended and Restated, Effective January 1, 2022. (Adopted) The purpose of this item is to adopt changes made to the General Employees' Retirement Plan into a newly restated Plan, effective January 1, 2022. 14. Resolution 2021-120 Making Appointments to the Air Quality Advisory Board. (Adopted) The purpose of this item is to fill vacancies on the Air Quality Advisory Board. 15. Resolution 2021-121 Making Appointments to the Historic Preservation Commission. (Adopted) The purpose of this item is to fill vacancies on the Historic Preservation Commission. City of Fort Collins Page 99 16. Resolution 2021-122 Making Appointments to the Natural Resources Advisory Board. (Adopted) The purpose of this item is to fill vacancies on the Natural Resources Advisory Board. 17. Resolution 2021-123 Making an Appointment to the Parking Advisory Board. (Adopted) The purpose of this item is to fill a vacancy on the Parking Advisory Board. 18. Resolution 2021-124 Making Appointments to the Senior Advisory Board. (Adopted) The purpose of this item is to fill vacancies on the Senior Advisory Board. 19. Resolution 2021-125 Making Appointments to the Citizen Review Board. (Adopted) The purpose of this item is to fill vacancies on the Citizen Review Board. • CONSENT CALENDAR FOLLOW-UP Councilmember Ohlson thanked staff for providing follow-up regarding Item Nos. 5, Second Reading of Ordinance No. 165, 2021, Adopting the 2022 Larimer County Regional Transportation Capital Expansion Fee Schedule, and 3, Second Reading of Ordinance No. 163, 2021, Making Supplemental Appropriations and Authorizing Related Actions for the Lincoln Center's Shuttered Venue Operators Grant. He suggested a change to make large payroll increases occur over a two- year period regarding Item No. 8, Second Reading of Ordinance No. 168, 2021, Adopting the 2022 Classified Employee Pay Plan. • COUNCILMEMBER REPORTS Councilmember Peel thanked the Boards and Commissions applicants and interviewees. She reported on attending a presentation of the Angel Armor rifle plates to Police Officers, which were donated, and on attending the Wreaths Across America ceremony. She also reported on a site visit to the Trilby Road right-of-way where several trees have been removed due to damage. She noted citizens can donate to City Gives to help fund tree replacement throughout the city. Mayor Arndt thanked the Boards and Commissions applicants. • DISCUSSION ITEMS 1. Second Reading of Ordinance No. 169, 2021, Amending the Code of the City of Fort Collins Pertaining to Adoption of the Classified Employees Pay Plan. (Postponed Indefinitely) The City Manager and City Attorney have requested that Council postpone this Ordinance indefinitely or vote to defeat the Ordinance on second reading, because the Charter requires that compensation be set by ordinance rather than by resolution. The Collective Bargaining Agreement is approved by resolution while the pay plan is adopted by ordinance, so acting each year to adopt the pay plan for the Collective Bargaining Unit is appropriate considering this Charter provision. This Ordinance, adopted on First Reading on December 7, 2021 by a vote o f 6-1 (Nay: Ohlson), amends City Code to 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. Interim City Manager DiMartino clarified an ordinance had been brought forth to Council requesting a change to the process in how pay was set regarding the police union, relying solely on the collective bargaining agreement, and then offering a report of the annual pay increases. She stated staff research has found there is a Charter provision that requires all pay plans to be set by City of Fort Collins Page 100 ordinance; therefore, staff is requesting this item either be postponed indefinitely or that it be voted down as this process change is no longer desired. Mayor Pro Tem Francis made a motion, seconded by Councilmember Pignataro, to postpone indefinitely Second Reading of Ordinance No. 169, 2021. RESULT: POSTPONED INDEFINITELY [UNANIMOUS] MOVER: Emily Francis, District 6 SECONDER: Julie Pignataro, District 2 AYES: Pignataro, Francis, Arndt, Peel, Ohlson, Gutowsky ABSENT: Canonico 2. First Reading of Ordinance No. 121, 2021, Involuntarily Designating the Moore Property, 528 West Mountain Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. (Defeated) This quasi-judicial matter involves an involuntary landmark designation request, not sup ported by the property owners. It must be considered on the discussion agenda and will be considered under Section 2(f) of the Council’s Rules of Meeting Procedures adopted in Resolution 2021-093. This item responds to a citizen-initiated (“Applicants”) City landmark designation request for the property at 528 West Mountain Avenue, also known as the Moore, Samuel and Jessie, Property (the “Property”). The Property owners, Jason and Misha Green, (“Owners”) do not support the designation as the house has been contaminated with methamphetamine by previous residents. Under Municipal Code Section 14-33(c), based on evidence and testimony at two Code-required hearings, the Historic Preservation Commission (“Commission”) recommended designation of the Property to Council for a final decision. At its regular meeting on May 19, 2021, the Commission passed a resolution 7-0 (1 absence, 1 vacancy) finding the property to be eligible for landmark designation under Standard 2, Persons/Groups for the property's association with Jessie Moore, an early, accomplished educator in Fort Collins, and Standard 3, Design/Construction for the property’s status as a significant surviving example of late-nineteenth century architecture in the City. At the Commission’s regular meeting on August 18, 2021, the Commission voted 6-0 (1 absence, 2 vacancies) that designation and protection of the property met the Policies of Municipal Code 14 -1(a- b) and the Purposes of Municipal Code 14-2 (a-f) to a sufficient degree to justify designating the property without the Owners’ consent. The Owners do not support the designation as they have concerns that the methamphetamine contamination will present health risks for their family. If the Property is designated, the current (or future) Owners would have to remediate and rehabilitate the property under state regulations and City Code. Designation would protect the Property's exterior historic character and access to financial incentives to support rehabilitation work. A decision not to designate the Property would allow the Owners to demolish it, which is an option provided by state environmental statutes for methamphetamine affected properties. Jim Bertolini, Historic Preservation Planner, stated this item relates to an involuntary landmark designation for the property at 528 West Mountain Avenue. He discussed the location of the property and stated the applicants are nominating the property under two of the City’s standards of significance: standard two for persons and groups for its association with Jessie Moore, a local teacher, and standard three for design and construction as a significant example of folk Victorian architecture. Bertolini noted involuntary landmark designations are rare and the City Code generally discourages them. He outlined the Code requirements for involuntary designations and discussed the process that has led to this meeting. He noted the Historic Preservation Commission City of Fort Collins Page 101 unanimously voted the property is eligible for designation as a City landmark and sufficiently meets Code requirements that would allow for designation despite the objections of the owners. He noted this hearing before Council is quasi-judicial. Mayor Arndt outlined the time allotments for presentations. Carolynne White, counsel for the homeowners, requested an increased time allotment to 30 minutes for presentations. Gina Jannett, applicant, stated she was told 20 minutes would be allowed and opposed the request for an increase this late in the process. Councilmembers Ohlson and Gutowsky opposed granting the time increase to 30 minutes. Councilmember Pignataro asked if it would be helpful to grant the applicants additional time to determine what they would like to add to their presentation. Ms. Jannett replied that would not be necessary; however, she would request one of the speakers who was going to speak during public participation be able to do so as part of their time should the increase go to 25 minutes. Mayor Arndt accepted that change in speakers and stated each side will have 25 minutes for presentations followed by one hour for public comment. Applicant Presentation Dr. Mark Greenwald, applicant, stated the applicants were motivated by their desire to prevent the destruction of an irreplaceable place of the community’s heritage. He discussed the property and its association with the Moore family, whose history he detailed. He stated restoration efforts, in contrast to demolition and rebuilding, have a generally positive environmental impact. Additionally, he stated the homeowners have failed to adequately address the cultural and historic value of the property in making their case for demolition. He discussed the methamphetamine contamination of the home and outlined abatement and remediation options. He requested Council designate the property a local historic landmark for the benefit of all current and future residents of the community. Kyle Baber, Carlyle Investment Group, stated his company has been involved with the remediation of methamphetamine contaminated properties since the early 2000’s and he noted there is a distinct difference between methamphetamine labs and properties in which methamphetamine was used and he stated the levels at this property are not consistent with a lab and are well within a range that would make remediation to state-acceptable levels possible. Gina Jannett, applicant, discussed the value of the home’s architecture and residents’ history. She stated the current owners have not provided any credible arguments that the home’s architecture and connection to Jessie Moore does not meet City policies and standards. She argued the decision of whether the home meets Code for historic designation an easy decision is, as it clearly does. Jim Dennison stated he has been a meth consultant since 2005 and stated meth-contaminated houses can be remediated to Colorado state standards one hundred percent of the time. He stated his cost estimate for remediation is approximately $15,000-$20,000. Homeowners’ Presentation City of Fort Collins Page 102 Ms. White requested Council not designate the property at 528 West Mountain Avenue as a local landmark, primarily because the home lacks structural integrity and is contaminated. She stated cleaning the home to state standards, at whatever cost, does not and cannot ensure that it is safe as the standards do not measure safety. Dr. Jason Green, homeowner, stated he and his wife purchased this home in 2020 with the plan to build their dream home on the site. He stated the existing home is contaminated with methamphetamine and has serious and severe structural issues. He stated decontamination to the state standards grants no evidence the home will be free of all contaminants and will reach a level of safety with which he would be comfortable. He requested Council decline the landmark designation. Ms. White stated this property has been deemed uninhabitable given the contamination and lack of structural integrity. She stated a critical consideration in this case is that the homeowners do not consent to the designation; therefore, Council’s evaluation of its meeting or not meeting each of the criteria for historic eligibility should be viewed through the lens of their wishes and desires. Ms. White stated there is an important distinction between Jessie Moore’s contributions to the community as a teacher and her relationship to this property. She stated there are two main reasons the property does not meet the criterion for integrity: the methamphetamine contamination and structural deficiencies. Dr. Marc Rumpler, Ph.D., discussed allowable methamphetamine contamination limits in Colorado and stated the clearance limit is the highest in the nation. He noted children are particularly susceptible to trace levels of contaminants and stated it is his opinion that this facility had meth concentrations high enough that they could indicate this was a clandestine laboratory for methamphetamine production. He discussed the compounds used in methamphetamine production and stated Colorado’s limitations are inadequate and do not recognize the human health risk of the presence of those compounds. Jason Baker, Advanced Engineering, stated his visual inspection of the home identified extreme structural deficiencies which are immediately apparent. He stated there are likely many additional issues with systems and mold given the seller’s property disclosure and he noted structural repairs are amplified by the meth mitigation and will have a large carbon footprint due to the additional resources and contractor visits required. He stated it will be quicker, cheaper, and more environmentally efficient to demolish the home and build a new home meeting current building code requirements. Ms. White reiterated there are no studies that indicate the allowed levels of methamphetamine are safe and the home should be allowed to be demolished. (Secretary’s Note: The Council took a brief recess at this point in the meeting.) Public Comment Jon Fairchild stated all things that have history do not necessarily have value and opposed the landmark designation citing structural issues. Peter Kremm stated he is the Greens current neighbor and they will be good neighbors on Mountain Avenue. He opposed the landmark designation stating the time to do so passed long ago. City of Fort Collins Page 103 Heather Wood opposed the landmark designation citing safety concerns with the meth contamination. Carlos Arguelles opposed the landmark designation and discussed the subjective nature of historic preservation. Lisa Trimmer expressed support for the homeowners and stated she has reservations about the purity of the motivations for some of the applicants. She stated history should be allowed to move forward with new stories. Ana Fairchild opposed the landmark designation and stated no one will know about the prior residents of the property even if it is designated. Beth Fisher expressed support for the homeowners and opposed the landmark designation. She encouraged the City to examine its historic preservation process. Shelly Terry stated the home provides a tangible object to which children can associate education and teachers. She supported the landmark designation. Bill Whitley, applicant, supported the landmark designation stating the owners’ realtor was required to disclose the possibility of historic designation. Carol Tunner supported the landmark designation citing the home’s architectural history. Jessica Smith commented on Dr. Green’s contributions to the community in the face of the ongoing COVID pandemic. She stated she grew up across the street from this home and it has been in disrepair since the 1980’s and does not represent the history of Fort Collins. Dennis Sumner stated he lived in the house west of 528 West Mountain from 1976 to 1989 during which time the home was not maintained by its owners. Ben Smith stated the Moore’s have not had a vested interest in this home for decades and it has been in poor condition for decades. He stated the Greens will contribute to the community. Travis (no last name given) opposed the landmark designation and proposed placing a plaque that commemorates the previous residents as opposed to maintaining the dilapidated structure. Council Questions and Discussion Councilmember Pignataro asked about the requirements for a property to be designated per Code Sections 14-1 and 14-2. Deputy City Attorney Duval replied there are several factors; however, not all of the bullet points are required to be met for either significance or integrity. Bertolini replied not all the purposes and polices are required to be met. He noted the Historic Preservation Commission outlined which of those were met by this designation in its second resolution on the matter. The Commission found Section 14-1 was met in its entirety and 14-2 A-F were met to a sufficient degree to outweigh the objection of the owner. Councilmember Pignataro noted there have only been two involuntary designations in Fort Collins and asked about the status of the Linden Hotel. Bertolini replied the Linden Hotel is part of the Old Town Landmark District which was designated by Council in 1979. City of Fort Collins Page 104 Councilmember Peel asked about a statement that Sections 14-1 and 14-2 must be met to an extent sufficient to justify involuntary designation. Ms. White replied that was in her presentation and is part of the Code. Deputy City Attorney Duval stated two criteria must be satisfied, first that the property is eligible for designation based on integrity and significance, and second that the designation would advance the policies and purposes in Sections 14-1 and 14-2. Councilmember Peel stated it seems to be a subjective decision. Deputy City Attorney Duval replied the Council has the purview to make the decision. Councilmember Ohlson asked why there was no recommendation from City staff included in the packet. Maren Bzdek, Historic Preservation Manager, replied involuntary landmark nominations are not common and stated staff’s role is to verify the property meets the basic requirements for eligibility but staff does not make a recommendation. She noted the process undertaken by staff to verify eligibility was one of the 2019 Code revisions. Mayor Arndt asked approximately how many homes in Fort Collins would meet the definition of historic. Bzdek replied that cannot be answered as survey data would need to be attained for all the properties in the city at any one time that are over 50 years old. She stated there are more than 14,000 properties that currently fall in that age range and survey data exists for only about 10% of those. Mayor Arndt questioned how many potential properties could be impacted by an involuntary designation. Bzdek replied she could not accurately answer that question without survey data. Councilmember Gutowsky asked if the possibility of a historic designation was disclosed to the homeowners when they purchased the property. Dr. Green replied he did not believe the sellers disclosed the property could be designated. Additionally, he stated the methamphetamine contamination was also not specifically disclosed, though there were comments about environmental toxins. He stated the structural damage was disclosed. Councilmember Gutowsky asked Dr. Green if he purchased the property with the expectation of scraping it and building a new home. Dr. Green replied they purchased the property knowing it was structurally unsound and with the belief the most sensical outcome would be to demolish it. Mayor Arndt noted there has never been an involuntary designation for a private residence. Bzdek confirmed that to be true. Mayor Arndt asked if staff is to consider the perspective of the homeowners during the process of determining eligibility. Bzdek replied staff’s role in service to the Historic Preservation Commission is to lay out the process for the Commission to consider other matters, including the homeowners’ concerns. Councilmember Peel asked if remediating the home would cause any conflict with state or county regulations. Deputy City Attorney Duval replied the home would need to be remediated to meet state standards prior to occupancy and any structural issues would need to be addressed prior to receiving a certificate of occupancy. Councilmember Peel asked what entity deemed the home inhabitable. Deputy City Attorney Duval replied the state law controls the meth cleanup and the City would determine whether the property is habitable from a structural standpoint. City of Fort Collins Page 105 Councilmember Peel asked if the fact the property is contaminated would affect the homeowners’ ability to get financing. Ms. White replied a property valuation consultant’s report concluded that, even if fully rehabilitated to state standards, the property would have significant stigma in the market and its value would be drastically diminished. She stated it would be difficult to find a conventional lender who would be willing to lend the amount needed to rehabilitate the property against the value it has in the market. Councilmember Peel thanked the Historic Preservation Commission for their work and recognized both parties’ opinions. She stated she believes in the importance of preserving historical relics and wishes this home had not been allowed to fall into disrepair. However, she respectfully disagreed with the applicants and Historic Preservation Commission as she does not believe involuntary designation is the appropriate tool for preserving historic structures and, while the structure is eligible for designation, doing so would not advance the policies of Sections 14-1 and 14-2 in a manner and extent sufficient to justify involuntary designation. Councilmember Gutowsky stated the architectural legacy of Mountain Avenue is slowly disappearing and stated it is unfortunate it does not seem to be possible to bring the home to a livable standard. She commented on the need to be vigilant about maintaining the integrity of Mountain Avenue. Councilmember Pignataro stated forcing involuntary historic designation should be taken with the same seriousness as eminent domain. She stated every item in Sections 14-1 and 14-2 should be met for an involuntary designation to be considered. She stated she would oppose the designation. Councilmember Ohlson commented on his history with historic preservation in Fort Collins since the 1970’s and noted many buildings that have been preserved were once in poor condition. He stated he would support the designation and decision of the Historic Preservation Commission. He stated more attention needs to be given to preservation of historic fabric in a proactive fashion. Mayor Pro Tem Francis stated she would not support the designation as it does not meet the level of integrity to be historically preserved particularly given the methamphetamine contamination, which cannot be remediated to a guaranteed level of safety. Mayor Arndt thanked the individuals involved and commented on her time at Moore Elementary School. She stated it would be nice to honor Jessie Moore in some way through the School District. She concurred with Councilmember Ohlson that better efforts could be made around historic preservation and more certainty could be added to the process with more deliberateness and intentionality with surveys. She stated she will not support the designation. Councilmember Ohlson made a motion, seconded by Councilmember Gutowsky, to adopt Ordinance No. 121, 2021, on First Reading. Yeas: Ohlson and Gutowsky. Nays: Francis, Pignataro, Arndt and Peel. THE MOTION FAILED. Mayor Pro Tem Francis made a motion, seconded by Councilmember Pignataro, to direct the City Attorney to bring back a resolution outlining the findings and conclusions concerning the denial of the landmark designation for this property at the January 4, 2022 meeting. Yeas: Arndt, Pignataro, Ohlson, Gutowsky, Peel and Francis. Nays: none. THE MOTION CARRIED. City of Fort Collins Page 106 RESULT: ORDINANCE NO. 121, 2021 DEFEATED [2 TO 4] MOVER: Kelly Ohlson, District 5 SECONDER: Susan Gutowsky, District 1 AYES: Ohlson, Gutowsky NAYS: Pignataro, Francis, Arndt, Peel ABSENT: Canonico • ADJOURNMENT The meeting adjourned at 9:05 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk City of Fort Collins Page 107 January 4, 2022 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, Ohlson, Gutowsky ABSENT: Peel • AGENDA REVIEW: CITY MANAGER The video outlining public participation options was played. Interim City Manager DiMartino stated a brief discussion item regarding Council’s summer meeting schedule has been added under Other Business and withdrew Item No. 7, Resolution 2022-018 Denying Request to Involuntarily Designate 528 West Mountain Avenue as a Landmark Under Chapter 14 of the Code of the City of Fort Collins, from the Consent Agenda due to a conflict of interest by Councilmember Canonico. • PUBLIC COMMENT ON ANY TOPIC OR ITEMS Joe Rowan stated a theme has developed with this Council that decisions are made to support a predetermined path per discussions that seem to happen outside of the public realm, even if the decisions contradict Council’s stated priorities. He requested Council spend more time engaging the community, specifically citing the Election Code Committee’s work to revamp elections when they may not be broken. He stated the work done by that Committee is being driven by organizations and agendas outside of the Fort Collins community. Shayne Weber, People’s Initiative for Equity, quoted the equity indicators final report that ‘racial and ethnic disparities were found in all areas.’ He stated no meaningful action has been taken by this Council to acknowledge or address those disparities since the publication of the report in March of 2021. He stated people should not be expected to have one-on-one conversations with Councilmembers until the questions and concerns already raised are adequately addressed publicly. Emily Gallichotte requested Council withdraw Item No. 4, First Reading of Ordinance No. 005, 2022, Amending Chapter 12 of the Code of the City of Fort Collins Regarding the Requirements for the Building Energy and Water Scoring Program, from the Consent Agenda. She also requested all documents be amended to eliminate references to ‘citizen’ and replace ‘his or her’ with ‘their.’ Heather Wood discussed the traumatic experiences that have occurred to her since being homeless after leaving an abusive relationship. She stated it is not a crime to be homeless and questioned why it is consistently criminalized. Torin Koletsky expressed frustration with Council regarding the lack of response to the information he presented and questions he posed during the budget process. He questioned whether Council is deliberately ignoring public requests. • PUBLIC COMMENT FOLLOW-UP Councilmember Ohlson stated the criticisms of Council not responding to public comment are valid and requested staff provide an update on the Equity Indicators Report and associated data, as City of Fort Collins Page 108 well as the status of the homeless shelter. Interim City Manager DiMartino replied staff is preparing a service area request response on these issues. She acknowledged the website data is out of date and stated that while there are reasons for that, they are not excuses. Regarding the homeless shelter, she stated staff will follow up in writing and stated a work session or other Council meeting could be helpful. Mayor Pro Tem Francis requested the appropriate language changes be made as per the comments of Emily Gallichotte. Mayor Arndt withdrew Item No. 4, First Reading of Ordinance No. 005, 2022, Amending Chapter 12 of the Code of the City of Fort Collins Regarding the Requirements for the Building Energy and Water Scoring Program, from the Consent Agenda. Councilmember Canonico invited Joe Rowan to attend and provide feedback at the next Election Code Committee meeting. • 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, Ohlson, Gutowsky ABSENT: Peel 1. First Reading of Ordinance No. 001, 2022, Appropriating Prior Year Reserves in the General Fund and Golf Fund and Authorizing Transfers of Appropriations for the Southridge Go lf Course Irrigation Project. (Adopted) The purpose of this item is to appropriate $375,000 from the General Fund Southridge Golf Irrigation Reserve and $825,000 from the Golf Fund to purchase materials for the irrigation system and pond lining construction project scheduled to begin in October of 2022. 2. Items Relating to the Fort Collins Police Services Victim Services Unit. (Adopted) A. First Reading of Ordinance No. 002, 2022, Appropriating Unanticipated Grant Revenue from the Eighth Judicial District Victim Assistance and Law Enforcement Board in the General Fund for the Fort Collins Police Services Victim Services Unit. B. First Reading of Ordinance No. 003, 2022, Appropriating Unanticipated Grant Revenue from the Colorado Division of Criminal Justice under the Federal Victim of Crime Act in the General Fund for the Fort Collins Police Services Victim Services Unit. The purpose of this item is to fund the Victim Services Unit of Fort Collins Police Services for victim advocacy services under the Colorado Victim Rights Amendment for victims of crime and their family members. The Fort Collins Police Services Victim Services Unit has been awarded a $49,000 VALE grant for the period from January 1, 2022 to December 31, 2022. The VALE grant is thr ough the Eighth Judicial District Victim Assistance and Law Enforcement (VALE) Board to help fund services provided by this team. City of Fort Collins Page 109 The VOCA Grant is a 24-month grant in the amount of $49,101 for the period from January 1, 2021 to December 31, 2022, by the Colorado Division of Criminal Justice under the Federal Victim of Crime Act (VOCA), to help fund services provided by this team. The first half of the grant in the amount of $24,551 was received and appropriated in 2021 (per Ordinance # 003) The amount to be received in 2022 is $24,550. These funds will be used for part of the salary for the victim advocate who provides crisis intervention services for sexual assault victims between the school ages of kindergarten through 12th grade. 3. First Reading of Ordinance No. 004, 2022, Amending Chapter 26 of the Code of the City of Fort Collins to Correct a Clerical Error. (Adopted) The purpose of this item is to correct a clerical error. In Ordinance No. 119, 2021, Subsection (c)(3) of City Code Section 26-129 was purposefully deleted. However, that subsection was inadvertently included in the subsequently enacted Ordinance No. 151, 2021 and should be deleted as originally intended. 4. First Reading of Ordinance No. 006, 2022, Authorizing Conveyance of an Easement on City Right-of-Way to Hartshorn Waterworks, LLC to Relocate Irrigation Lines Off Traverse Park. (Adopted) The purpose of this item is to authorize the conveyance to Hartshorn Waterworks, LLC (“Hartshorn”) of an easement in a City-owned right-of-way for relocated irrigation lines. The City is developing Traverse Park. Hartshorn owns certain irrigation lines that traverse the park site and provide non - potable water to the surrounding neighborhood. Pursuant to a November 16, 2021, agreement that addresses various aspects of the park site, the City and Hartshorn agreed to the relocation of these irrigation lines from the park site and into the City-owned right-of-way contingent upon (1) the City granting Hartshorn an easement for the relocated irriga tion lines and (2) the City entering into certain agreements with the owners of the lots adjacent to the right -of-way. The City would not convey the proposed easement to Hartshorn until the City has acquired these agreements from the adjacent lot owners. 5. Items Related to Various Appointments to Boards and Commissions. (Adopted) A. Resolution 2022-001 Making Appointments to the Affordable Housing Board. B. Resolution 2022-002 Making Appointments to the Arts in Public Places. C. Resolution 2022-003 Making an Appointment to the Building Review Commission. D. Resolution 2022-004 Making Appointments to the Cultural Resources Board. E. Resolution 2022-005 Making Appointments to the Disability Advisory Board. F. Resolution 2022-006 Making an Appointment to the General Employee’s Retirement Committee. G. Resolution 2022-007 Making Appointments to the Economic Advisory Board. H. Resolution 2022-008 Making Appointments to the Energy Board. I. Resolution 2022-009 Making Appointments to the Golf Board. J. Resolution 2022-010 Making Appointments to the Human Relations Commission. K. Resolution 2022-011 Making Appointments to the Human Services and Housing Funding Board. L. Resolution 2022-012 Making Appointments to the Land Conservation and Stewardship Board. M. Resolution 2022-013 Making Appointments to the Parks and Recreation Board. N. Resolution 2022-014 Making Appointments to the Planning and Zoning Commission. O. Resolution 2022-015 Making an Appointment to the Transportation Board. P. Resolution 2022-016 Making Appointments to the Water Commissio n. Q. Resolution 2022-017 Making an Appointment to the Youth Advisory Board. The purpose of this item is to fill vacancies on various boards and commissions. • CONSENT CALENDAR FOLLOW-UP City of Fort Collins Page 110 Councilmember Ohlson requested additional information regarding the $126,000 savings and the age of the current irrigation system per Item No. 1, First Reading of Ordinance No. 001, 2022, Appropriating Prior Year Reserves in the General Fund and Golf Fund and Authorizing Transfers of Appropriations for the Southridge Golf Course Irrigation Project. Scott Phelps, Golf Manager, replied the original irrigation system was installed in 1984 and it is well beyond the typical life cycle of an irrigation system. Regarding the cost savings, a contractor has been identified and quotes were provided. Currently, price increases are between 5% and 10% per month; therefore, the cost savings will come from avoiding the inflation costs by purchasing materials now versus waiting until May when bond funding is available. Councilmember Ohlson asked if bond funding is still being sought. Victoria Shaw, Community Service Finance Manager, replied in the affirmative and stated the bond will be roughly $5 million which will likely be bonded together with the land acquisition for the Hughes Stadium property. Mayor Arndt thanked the Boards and Commissions applicants per Item No. 6, Items Related to Various Appointments to Boards and Commissions. • STAFF REPORTS A. Staff Report: Platinum Bicycle Friendly Community Redesignation Cortney Geary, FC Moves, reported Fort Collins has been redesignated as a platinum level bicycle friendly community for 2021-2025. She stated Fort Collins was first designated at the platinum level in 2013 and is one of only five communities in the nation to hold the distinction. She noted the City is also a platinum bicycle friendly business along with 61 others in the city, as well as CSU. She stated diamond is the highest possible level and to date, no United States community has achieved that level. Geary outlined the ways in which improving bicycle friendliness aligns with the City’s other strategic objectives, including improving safety for all travel modes and ensuring equitable access to all sustainable modes of travel. It also aligns with Council priorities including implementation of 15-minute communities as well as improved air quality. Geary provided details on the scorecard statistics for the designation and noted Fort Collins ranks highest of all the platinum communities in the areas of engineering, education, encouragement, evaluation, and planning to support bicycling. She outlined areas on which the city can focus to attempt to reach the diamond level and stated all the steps will be evaluated through the Active Modes Plan development, which will update and consolidate the Pedestrian and Bicycle Plans and include options and improvements for micro-mobility with a strong tie to the City’s Vision Zero efforts. She stated a work session on the Active Modes Plan will occur in February with hopeful adoption in August. Mayor Arndt asked about the Bike to Work Day event. Geary replied it is February 11, 2022 and will align with the national Bike To Work Day. Councilmember Ohlson asked if a previous Council has made the diamond level designation a goal and if so, what any associated costs might be. Geary replied the 2014 Bike Plan included the goal of achieving diamond level status; however, that goal could be reevaluated through the adoption of the Active Modes Plan. Councilmember Ohlson expressed support for the items on the list that would be necessary to achieve diamond level status. He commented on the 2005 effort to hire a part -time bicycle coordinator and stated he would like to focus on the outcomes, not necessarily the award. City of Fort Collins Page 111 Mayor Pro Tem Francis noted she was the bicycle coordinator in 2009 and stated she is looking forward to the work session conversation. Councilmember Pignataro commented on the importance of the Vision Zero implementation. Councilmember Canonico thanked Geary for her presentation and congratulated staff work on again achieving platinum level status. • CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR FOR INDIVIDUAL DISCUSSION 6. First Reading of Ordinance No. 005, 2022, Amending Chapter 12 of the Code of the City of Fort Collins Regarding the Requirements for the Building Energy and Water Scoring Program. (Adopted as Amended on First Re) The purpose of this item is to amend City Code sections related to the Building Energy and Water Scoring (BEWS) program to align with new State of Colorado legislation and to improve the efficiency of administration. This item does not add any new requirements for building owners. These changes include: • Alignment with Colorado HB 21-1286 (codified at C.R.S. §25-7-142) “Energy Performance for Buildings.” • Removal of program phasing which was included in the original BEWS ordinance in 2018. All properties 5,000 square feet and larger will have annual reporting requirements starting June 1, 2022. • Removal of prohibition on setting a required minimum ENERGY STAR ® score for non-City buildings. • Addition of a requirement for the City Manager to set Building Energy Performance Standards for all City owned facilities in alignment with HB 21-1286. • Revisions to violations and penalties to align with Municipal Court processes outlined by §1 -15(f) of the Code • Add exemption categories that align with HB 21-1286. Emily Gallichotte commented on the City’s ambitious climate and greenhouse gas reduction goals and stated she would like to ensure all the steps being taken are ambitious enough to support those goals. She requested this item be amended to reduce building energy use by at least 7% by 2026 rather than limiting that to 7%. Councilmember Pignataro asked if any standards are being decreased. Kurt Friesen, Director of Park Planning and Development, replied in the negative and stated the language is consistent with the state statute related to benchmarking and building performance standards. He stated the City will be leading by example in following the state’s program and he does not see any issue with including the phrase ‘at least.’ John Phelan, Energy Services Manager, stated the purpose of this ordinance is to do some cleanup regarding the experience of implementation to align with the state, and to add the component of providing building performance standards for City-owned buildings that was not in the prior ordinance. Mayor Pro Tem Francis made a motion, seconded by Councilmember Gutowsky, to adopt Ordinance No. 005, 2022, on First Reading, as amended to include the words ‘at least’ to Section 12-203(C). City of Fort Collins Page 112 RESULT: ORDINANCE NO. 005, 2022 ADOPTED AS AMENDED ON FIRST READING [UNANIMOUS] MOVER: Emily Francis, District 6 SECONDER: Susan Gutowsky, District 1 AYES: Pignataro, Francis, Arndt, Canonico, Ohlson, Gutowsky ABSENT: Peel 7. Resolution 2022-018 Denying Request to Involuntarily Designate 528 West Mountain Avenue as a Landmark Under Chapter 14 of the Code of the City of Fort Collins. (Adopted) The purpose of this item is to complete the citizen-initiated City landmark designation request for the property at 528 W. Mountain Avenue, also known as the Moore, Samuel and Jessie, Property (the “Property”). The resolution documents the decision and findings of the Council declining this request. The resolution for adoption documents Council’s finding that the Property is not eligible for designation under Municipal Code 14, Article III, because the Property does not meet the policies of 14 -1 and 14-2 sufficiently to outweigh the owner’s objection to the designation. (Secretary’s Note: Councilmember Canonico withdrew from the discussion of this item due to a conflict of interest.) Mayor Pro Tem Francis made a motion, seconded by Councilmember Pignataro, to adopt Resolution 2022-018. RESULT: RESOLUTION 2022-018 ADOPTED [5 TO 0] MOVER: Emily Francis, District 6 SECONDER: Julie Pignataro, District 2 AYES: Pignataro, Francis, Arndt, Ohlson, Gutowsky ABSENT: Peel RECUSED: Canonico • DISCUSSION ITEMS No Discussion Items Scheduled. • OTHER BUSINESS A. Discussion of summer meeting schedule and suggested cancellation dates with possible direction to staff for follow up action. Mayor Pro Tem Francis noted the proposal is for Council to take a summer break either July 19- August 9, or July 26-August 9. Councilmember Ohlson stated he does not understand the reason for the break he would like Council’s aggressive work plan to be brought to conclusion under this Council. He also stated he would not like the State of the City address to occur on a Tuesday thereby taking up a meeting time. He suggested July 13-August 1 which would eliminate one work session and one regular meeting. Mayor Arndt noted Neighborhood Night Out also causes a Council meeting to be missed and she commented on the intentionality of the calendar. Councilmember Ohlson noted 1/3 of this Council’s two-year period is already gone. City of Fort Collins Page 113 Councilmember Pignataro stated she would like to ensure all the Council priorities are addressed at the end of the two years. She commented on the importance of taking a break when necessary. Councilmember Ohlson agreed breaks are necessary and stated members have never been called out for not being present at meetings. Interim City Manager DiMartino stated this topic was derived from discovering other City Councils across the state have started to take deliberate pauses in meetings to give members more time to focus on other business they do. She stated staff opted to bring the topic forward earlier to allow time to better plan the calendar to accomplish the work plan. Councilmember Ohlson suggested staff return with several calendar suggestions for a formal decision to be made at a later date. Mayor Arndt concurred and Interim City Manager DiMartino replied staff would return with options. B. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers. Councilmember Pignataro discussed the Marshall fire in Superior and Louisville and suggested Council bring forth an emergency temporary ordinance to help some of the displaced families by perhaps overcoming HOA or zoning rules to provide housing in existing units. Councilmember Ohlson expressed support for looking at options but stated any long-term changes should be done through the formal process. Councilmember Canonico also expressed support for looking at options and stated it may need to be an ongoing short-term solution as other communities may be needing similar assistance given the climate crisis. Mayor Pro Tem Francis also expressed support. She stated she would like to ensure appropriate staff is present in the planning department to process applications and would like to ensure proper publicity occurs. Mayor Arndt asked if this would be more of a City-led or matching process. She also questioned how large the demand would be given the distance from Boulder County. Councilmember Pignataro agreed the demand may not be high but stated her main goal would be to ensure individuals are able to take advantage of housing without being in violation of City Code. Interim City Manager DiMartino stated staff could do some quick vetting and scaling of some available options. She noted Fort Collins’ emergency preparedness office is in direct contact with Boulder County and that provides direct access to the joint information center and communication channels. Councilmember Gutowksy stated she would like to ensure any type of program is limited to those who actually need the assistance but expressed support for the idea. Councilmember Canonico noted Airbnb provides a great deal of the services necessary for matching those who need housing with those who may have a rental. City of Fort Collins Page 114 Councilmember Pignataro requested and received Council support to direct staff to provide an ordinance for consideration by the next Council meeting. Mayor Arndt requested and received Council support for directing staff to provide a memo about how to possibly formalize additional protections of civility and public discourse to maintain decorum in the Chamber. • ADJOURNMENT The meeting adjourned at 7:29 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk