HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/01/2022 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE J Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY March 1, 2022
City Clerk
STAFF
Anissa Hollingshead, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the January 18, 2022 Regular Meeting, the January 24, 2022
Adjourned Meeting and the February 15 Special and Regular Meetings.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes of the January 18, 2022 Regular meeting, the January 24,
2022 Adjourned meeting and the February 15 Special and Regular meetings.
ATTACHMENTS
1. January 18, 2022 (PDF)
2. January 24, 2022 Adjourned (PDF)
3. February 15, 2022 Special (PDF)
4. February 15, 2022 (PDF)
City of Fort Collins Page 1
January 18, 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, Peel, Ohlson, Gutowsky
STAFF: Stannert, Daggett, Hollingshead
• AGENDA REVIEW: CITY MANAGER
Deputy City Manager Stannert stated Item No. 18, Sam's Club Fuel Station Appeal, has been
amended to include an attachment of a letter received from the Harmony Market Owners’
Association.
• PUBLIC COMMENT ON ANY TOPIC OR ITEMS
David Quigley asked if it would be possible for Fort Collins to partner with local landlords to have
a positive impact on affordable housing. He discussed his experience with renting at below market
rates to help provide affordable housing.
Heather Wood opposed the area business resistance to the formation of a centralized campus
homeless shelter stating the land was purchased specifically for that reason. She commented on
the need for the shelter and stated the Catholic Charities shelter has overbearing rules and
regulations that ultimately induce harm.
Leslie Leis stated she rents out properties below market and expressed concern rental licensing in
Fort Collins will have a negative impact on affordable housing.
(Indecipherable name) asked if there will be any way to determine whether individuals are true
Marshall Fire victims, per Item No. 17, Resolution 2022-024 To Support Temporary Housing in
Fort Collins for the Victims of the Marshall Fire. She expressed support for the You Plus Two
Ordinance and expressed concern this item may lead to its elimination.
Casey Holly stated he rents out properties below market and opposed a rental licensing program
in Fort Collins.
Paul Patterson spoke in support of the You Plus Two Ordinance and expressed concern that
complaint-driven code compliance enforcement is not straightforward. He suggested a permitted
exemption option should be used rather than a relaxation of You Plus Two, regarding Item No. 17,
Resolution 2022-024 To Support Temporary Housing in Fort Collins for the Victims of the
Marshall Fire.
• PUBLIC COMMENT FOLLOW-UP
Mayor Arndt thanked the speakers, particularly Mr. Quigley and others regarding partnerships
with landlords to aid in affordable housing. Deputy City Manager Stannert replied staff is working
on providing a work session discussion on rental licensing and landlord incentives around the
Affordable Housing Plan.
Councilmember Pignataro thanked Mr. Quigley for his comments and asked if there are any other
resources staff could provide for Ms. Wood. Deputy City Manager Stannert replied staff will
follow up with Ms. Wood.
City of Fort Collins Page 2
• COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
Mayor Pro Tem Francis withdrew Item No. 13, Resolution 2022-020 Approving an Art Project for
the Vine & Lemay Project and Approving Expenditures from the Art in Public Places Reserve
Account in the Cultural Services and Facilities Fund and the Project Budget to Commission an
Artist to Create the Art Project Pursuant to the Art in Public Places Program, from the Consent
Agenda.
Councilmember Ohlson withdrew Item No. 16, Resolution 2022-023 Supporting an Application
for a Great Outdoors Colorado Visioning Grant Relating to a Portion of the Poudre River
Corridor, from the Consent Agenda.
• CONSENT CALENDAR
Mayor Pro Tem Francis made a motion, seconded by Councilmember Peel, to adopt and approve
all items not withdrawn from the Consent Agenda.
RESULT: CONSENT AGENDA ADOPTED [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Shirley Peel, District 4
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
1. Consideration and Approval of the Minutes of the December 21, 2021 and January 4, 2022
Regular Meetings. (Adopted)
The purpose of this item is to approve the minutes of the December 21, 2021 and January 4, 2022
regular meetings.
2. Second 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. (Adopted)
This Ordinance, unanimously adopted on F irst Reading on January 4, 2022, appropriates $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.
3. Items Relating to the Fort Collins Police Services Victim Services Unit. (Adopted)
A. Second 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. Second 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.
This Ordinance, unanimously adopted on First Reading on January 4, 2022, funds the Victim Services
Unit of Fort Collins Police Services for victim advocacy services under th e 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 through the Eighth Judicial District Victim Assistance and Law
Enforcement (VALE) Board to help fund services provided by this team.
City of Fort Collins Page 3
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.
4. Second Reading of Ordinance No. 004, 2022, Amending Chapter 26 of the Code of the City of
Fort Collins to Correct a Clerical Error. (Adopted)
This Ordinance, unanimously adopted on First Reading on January 4, 2022, corrects 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.
5. Second 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)
This Ordinance, unanimously adopted on First Reading on January 4, 2022, amends 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.
6. Second 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)
This Ordinance, unanimously adopted on First Reading on January 4, 2022, authorizes 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 i rrigation
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
irrigation 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.
City of Fort Collins Page 4
7. First Reading of Ordinance No. 007, 2022, Appropriating Prior Year Reserves in the Transit
Services Fund to Expand the Scope of Work for North College MAX Plan. (Adopted)
The purpose of this item is to appropriate $48,340 from Transit Services Fund Reserves to expand the
scope of work for the North College MAX Plan to include additional public engagement and emphasis
on land use and transit-oriented development.
8. First Reading of Ordinance No. 008, 2022, Appropriating Unanticipated Grant Revenue and
Authorizing Transfers in the General Fund for the Environmental Services Radon Program.
(Adopted)
The purpose of this item is to appropriate unanticipated grant revenue in the General Fund for the
Environmental Services Radon Program. This appropriation includes $9,000 of grant revenues
provided by the Colorado Department of Public Health and Environment (CDPHE) to support radon
testing and mitigation programs. The grant directly supports radon activities identified in the
Environmental Services Department’s core budget offer and requires a local match of $6,000.
Matching funds are appropriated and unexpended in the 2022 Environmental Services operating
budget and will be transferred to the Environmental Services Radon Program.
9. Items Relating to the Timber Lark Annexation. (Adopted)
A. Resolution 2022-019 Setting Forth Findings of Fact and Determinations Regarding the Timber
Lark Annexation.
B. Public Hearing and First Reading of Ordinance No. 009, 2022, Annexing the Property Known as
the Timber Lark Annexation to the City of Fort Collins, Colorado.
The purpose of this item is to annex the tract of land known as the Timber Lark Annexation. The Timber
Lark Annexation consists of approximately 35.17 acres and establishes the required 1/6 contiguity with
existing City limits. The Timber Lark Annexation is located approximately 600 feet northwest of the
intersection of South Timberline Road and East Trilby Road and would incorporate the property into
Fort Collins’ municipal boundaries, as well as into the Residential Neighborhood Sign District, and
Lighting Context Area Map. A related item to zone the annexed property is presented as the next item
on this Agenda and the zoning addresses the proposed changes to the Residential Neighborhood Sign
District and the Lighting Context Area Map.
This annexation request conforms with the State of Colorado Revised Statutes as they relate to
annexations, the City Comprehensive Plan, and the Larimer County and City of Fort Collins
Intergovernmental Agreements.
10. Public Hearing and First Reading of Ordinance No. 010, 2022, Amending the Zoning Map of th e
City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Timber
Lark Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes
to the Residential Neighborhood Sign District and Lighting Context Are a Map. (Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be
considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of
Meeting Procedures adopted in Resolution 2021-093.
The purpose of this item is to apply zoning to the property included in the annexation, known as the
Timber Lark Annexation, located approximately 600 feet northwest of the intersection of South
Timberline Road and East Trilby Road. The proposed zoning for this annexation is Low Density Mixed-
Use Neighborhood (L-M-N). The surrounding properties are existing residential land uses currently
zoned FA-1 (in Larimer County) to the south, and Residential Low Density (RL) to the west. The
abutting City limits to the north and adjacent city limits to the east are zoned Low Density Mixed -Use
Neighborhood (L-M-N). Staff also recommends placement into the Residential Neighborhood Sign
District, and Lighting Context Area map.
City of Fort Collins Page 5
11. First Reading of Ordinance No. 01 1, 2022, Designating the Maxwell Rock House, 1433 South
Overland Trail, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of
the Code of the City of Fort Collins. (Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered
in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution
2021-093.
The purpose of this item is to request City landmark designation for the property at 1433 South Overland
Trail. In cooperation with the property owner, the Ponds at Overland Trail HOA, City staff and the Historic
Preservation Commission (the “Commission”) have determined the property to be eligible for designation
under Standards 2, Persons/Groups for association with Paul and Emerald Maxwell, important figures in
the social history of what is now west Fort Collins, and under Standard 3, Design/Construction for the
property's significance as a rare surviving example of a stone masonry farmhouse in the Fort Collins area.
The HOA owner is requesting designation, which will provide protection of the property's exterior and
immediate grounds, and access to financial incentives for preservation.
12. First Reading of Ordinance No. 012, 2022, Authorizing the Conveyance of a Temporary
Construction Easement on the South Transit Center to Faircoll, LLC. (Adopted)
The purpose of this item is to convey a 3,675-square-foot temporary construction easement (TCE) to
Faircoll, LLC (Faircoll), for construction improvements at the City -owned real property at 4915 Fossil
Boulevard, which is the location of the South Transit Center. Faircoll is the owner of the adjacent
property and as part of the development of apartments at its property, Faircoll is required to install
permanent pedestrian connections from its property to the South Transit Center. The TCE grants
Faircoll access and permission to perform this work on the City’s South Transit Center property at no
cost to the City.
13. Resolution 2022-021 Authorizing the Initiation of Exclusion Proceedings of Annexed Properties
Within the Territory of the Poudre Valley Fire Protection District and Authorizing an
Intergovernmental Agreement with Said District. (Adopted)
The purpose of this item is to authorize the City Attorney to file a petition in Larimer County District
Court to exclude properties annexed into the City in 2021 from the Poudre Valley Fire Protection
District (the District) in accordance with state law. The properties affected by this Resolution are the
Springer-Fisher Annexation No. 1, Springer-Fisher Annexation No. 2, Gil Boyer Annexation and
Northwest Frontage Road Annexation. Colorado Revised Statutes Section 32-1-502 requires an order
of exclusion from the District Court to remove these annexed properties from special district territories.
The properties have been receiving fire protection services from the Poudre Fire Authority and will
continue to do so. The City Attorney’s Office files the petition in Larimer County District Court each
year seeking exclusion for all properties annexed in the previous year that should be removed from
the District to avoid double taxation.
14. Resolution 2022-022 Authorizing the Execution of an Intergovernmental Agreement Between
the City of Fort Collins, Colorado and the Colorado Department of Transportation for the
FASTER Transit Program Grant for Fiscal Year 2022 to Fund Transfort's FLEX Service.
(Adopted)
The purpose of this item is to authorize the Mayor to enter into an Intergovernmental Agreement (“IGA”)
with the Colorado Department of Transportation (“CDOT”) to receive $200,000 in grant funds awarded
to the City through the Statewide Competitive Pool of the Funding Advancement for Surface
Transportation and Economic Recovery Act of 2009 (“FASTER”) Transit Program for fiscal year 2022
(the “Grant”). Under the terms of the IGA with CDOT, to receive the Grant funds, the City of Fort Collins
is required to provide a $200,000 local match. Both the Grant and local match funds were appropriated
through the 2022 Budgeting for Outcomes cycle and are accounted for in Transfort’s approved 2022
budget.
City of Fort Collins Page 6
• CONSENT CALENDAR FOLLOW-UP
Councilmember Pignataro requested clarification regarding Item No. 14, Resolution 2022-021
Authorizing the Initiation of Exclusion Proceedings of Annexed Properties Within the Territory of
the Poudre Valley Fire Protection District and Authorizing an Intergovernmental Agreement with
Said District. City Attorney Daggett replied the petitions are filed annually to ensure recently
annexed properties are excluded from the property taxes in the fire protection district as quickly
as possible.
Regarding Item No. 7, First Reading of Ordinance No. 007, 2022, Appropriating Prior Year
Reserves in the Transit Services Fund to Expand the Scope of Work for North College MAX Plan,
Councilmember Ohlson requested the study include the status of medians along North College.
Deputy City Manager Stannert replied staff will provide information prior to Second Reading.
• STAFF REPORTS
A. Staff Report: Epic Homes & Bloomberg Mayors Challenge
John Phelan, Energy Services Senior Manager, discussed the City’s EPIC Homes program, which
is a comprehensive program for upgrading single family homes from an energy conservation
perspective. He commented on the importance of partnerships to the program and on the focus to
increase participation of rental properties.
Tom Peck, rental property owner, discussed his experience with utilizing the resources of the
program for his rental properties. He commended the program and congratulated Fort Collins for
its success.
Mayor Arndt announced this year’s Bloomberg Mayors Challenge award and noted the EPIC
program was assisted by Fort Collins’ receipt of the award last year.
Councilmembers Pignataro and Canonico commended the program and described their experience
with the program.
• COUNCILMEMBER REPORTS
Councilmember Peel reported on attending the regional talent and workforce convening and on
serving breakfast at the Murphy Center. She discussed the services provided by the Murphy Center
for homeless individuals. She also reported on walking in the MLK, Jr. March.
Mayor Arndt reported on the MLK, Jr. March and events.
Councilmember Canonico reported Art in Public Places opportunities to apply for the Pianos
About Town Project and the Public Artist in Residence Program.
Councilmember Gutowsky reported on attending the Leadership Fort Collins mock Council
meeting.
• CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
City of Fort Collins Page 7
15. Resolution 2022-020 Approving an Art Project for the Vine & Lemay Project and Approving
Expenditures from the Art in Public Places Reserve Account in the Cultural Services and
Facilities Fund and the Project Budget to Commission an Artist to Create the Art Project
Pursuant to the Art in Public Places Program. (Postponed Indefinitely)
The purpose of this item is to approve expenditures from the Art in Public Places (APP) Reserve
Account to commission the art for the Vine & Lemay Project. The expenditures of $160,000 will be for
design, engineering, materials, signage, fabrication, delivery, installation, and contingency for Joshua
Wiener of Flowcus to create the art for the Vine & Lemay Project.
Mayor Pro Tem Francis stated she pulled the item as she does not believe the proposed art
installation fits the context of the neighborhood. She also stated the selected artist is not from the
community and suggested this item be sent back to the Art in Public Places Board to restart the
process and more heavily engage those in the neighborhood.
Ellen Martin, Visual Arts Administrator, stated the proposed project followed the Art in Public
Places and purchasing procedures and the proposed artwork is responsive to the physical site. She
discussed the proposed project features and stated the artist was selected by an open competitive
process by members of the Art in Public Places Board, project team, and purchasing representative.
She also stated the neighborhood history is represented in the adjacent Sugar Beet Park which
includes three art installations.
Councilmember Ohlson agreed with Mayor Pro Tem Francis that he would like the project to be
further examined and have a local artist considered.
Councilmember Pignataro asked if there is an opportunity for public or neighborhood input in the
process. Martin replied there was a great deal of outreach at the beginning of the design of the
entire capital project; however, that occurred prior to individual artwork submissions.
Councilmember Pignataro suggested there should be a way to make room in the process for
additional neighborhood input regarding the finished art piece.
Councilmember Canonico asked how many respondents there were to the RFQ. Martin replied
she would need to research the exact number; however, the general number of respondents is
usually around 50.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Ohlson, to postpone
indefinitely Resolution 2022-020, to allow staff additional time to improve the process and
incorporate neighborhood input.
City of Fort Collins Page 8
RESULT: RESOLUTION 2022-020 POSTPONED INDEFINITELY [6 TO 1]
MOVER: Emily Francis, District 6
SECONDER: Kelly Ohlson, District 5
AYES: Pignataro, Francis, Arndt, Peel, Ohlson, Gutowsky
NAYS: Canonico
16. Resolution 2022-023 Supporting an Application for a Great Outdoors Colorado Visioning Grant
Relating to a Portion of the Poudre River Corridor. (Postponed to January 24)
The purpose of this item is to request approval to pursue a visioning grant through Great Outdoors
Colorado (GOCO) for improvements to a section of the Poudre River corridor located approximately
between Lee Martinez Park and Linden Street as provided by the 2014 Poudre River Downtown
Master Plan. The visioning grant provides opportunity for additional community outreach and master
planning, with a focus on underserved neighborhoods and businesses near the downtown river
corridor. As part of the grant program, awarded communities may receive sizable grant awards for
implementation (up to $10 million per project) in a future phase.
Councilmember Ohlson stated he pulled this item due to concerns and stated he would like to
postpone the item to allow time for him to get clarification from staff or to discuss the item at a
work session. He suggested the dollars from the GOCO visioning grant should be spent protecting
and preserving the slivers of the natural world that run through the community. He stated the
current proposal is the opposite of an improvement or enhancement. He also commented on the
inclusion of $10,000 in the grant from the bicycle community and opposed the placement of a bike
park in the riparian corridor of the Poudre River.
Kurt Friesen, Director of Park Planning and Development, stated staff is proposing to submit for
the grant as it is a good opportunity to receive funds for the City. He noted GOCO has changed
its grant system to provide fewer, larger grants and stated the goal for this grant is to advance the
goals of the 2014 Downtown Poudre River Master Plan by enabling internal planning and public
outreach targeted to local businesses and residents. He commented on the importance of being
sensitive to the natural environment.
Michelle Haefele thanked Councilmember Ohlson for keeping an eye on the intended mission of
the City’s natural areas, which is foremost to preserve the natural environment.
Councilmember Pignataro asked if there is anything in this proposal that is outside the scope of
the 2014 Master Plan. Friesen replied the 2014 Plan was a framework identifying potential
enhancement areas with a focus on the four included park properties. He stated the intent for the
use of the grant funds would be to work within the framework of the 2014 Plan while also doing
outreach to underserved area communities that did not participate much in that planning effort.
Councilmember Pignataro asked about the timing of the grant. Friesen replied the grant
application was due December 31st and was submitted. The final piece of the grant is this Council
Resolution.
Councilmember Pignataro asked if the application would no longer be correct should the Plan be
changed. Friesen replied the grant application is not for an implementation project, just for
visioning and master planning. After that work is complete, the necessity for an implementation
project could be determined. He stated the grant application was submitted per the framework of
the 2014 Plan and suggested the application be withdrawn if Council is not comfortable with the
direction.
City of Fort Collins Page 9
Councilmember Canonico asked if there is time for future input from the community and Council.
Friesen replied in the affirmative.
Councilmember Canonico asked if environmental groups are or can be included as stakeholders.
Friesen replied they can be included and stated the list of stakeholders is not all inclusive at this
point.
Councilmember Canonico asked about the $10,000 commitment from the bicycle community.
Friesen replied that is currently just a commitment toward a feasibility study for a bike park in the
area. He stated a grant agreement with the Bike Club would be needed if the grant is awarded.
Councilmember Ohlson opposed the wording in the resolution related to Council’s support. He
stated outreach should have occurred prior to the submission of the grant application and stated no
environmental advocates were consulted. He stated a sensitivity to the riparian corridor along the
river needs to exist whether Parks owns the land or not. He stated he would not support this item
and will actively work to oppose it. He stated he would like to see Council b e consistent in its
support of existing adopted plans and expressed disappointment with the City organization.
Councilmember Gutowsky commented on Councilmember Ohlson’s rich history with work on the
Natural Areas and river system and stated his myriad concerns have led her to believe there is no
reason to move forward with this grant application until further work is completed.
Councilmember Pignataro suggested the possibility of continuing this meeting to next week’s
work session for a vote to allow time for Council to get some clarity.
Mayor Pro Tem Francis stated this is a visioning and community engagement grant and stated
those items occur for all plans. Friesen concurred with that definition of the grant.
Mayor Pro Tem Francis commented on the disparity between south and north Fort Collins in terms
of bike trails and natural areas and systems. She stated the area along the river needs a great deal
of work and the residents along the North College corridor need a better quality of life.
Mayor Arndt stated she would have liked to have seen this item come before Council earlier and
not on the Consent Agenda. She thanked Councilmember Ohlson for pulling the item and stated
an item needing Council approval should come a bit earlier in the process.
Councilmember Ohlson thanked Council for the discussion and stated continuing the vote per
Councilmember Pignataro’s suggestion would have delayed the need for him to begin contacting
individuals to oppose this item. He also concurred with Mayor Arndt’s comments that this should
have come before Council earlier. He requested clarification regarding the list of project s that
seem to be required to occur if the grant is received. Friesen replied the photographs in the grant
application are for context to help orient the grant reviewers and are not indicative of what projects
are intended to be proposed. He reiterated this is a visioning grant, not an implementation grant,
and there is no obligation to apply for an implementation grant.
Councilmember Peel stated she would support Councilmember Pignataro’s suggestion to continue
the discussion.
Councilmember Ohlson stated the optics of the bicycle group that would benefit from the bike
park funding the feasibility study do not seem appropriate. Deputy City Manager Stannert and
Friesen clarified there is no requirement for those funds to be included.
City of Fort Collins Page 10
Councilmember Gutowsky also supported Councilmember Pignataros’ suggestion to continue the
discussion.
City Attorney Daggett discussed the upcoming meeting schedule and possible meeting
continuation and noted this could be postponed to the adjourned meeting on Monday.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Peel, to table Resolution
2022-023 to Monday, January 24th. Yeas: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, and
Gutowsky. Nays: none.
THE MOTION CARRIED.
(Secretary's Note: The Council took a brief recess at this point in the meeting.)
RESULT: POSTPONED TO JANUARY 24 [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Shirley Peel, District 4
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
• DISCUSSION ITEMS
17. Resolution 2022-024 To Support Temporary Housing in Fort Collins for Victims of the Marshall
Fire. (Postponed Indefinitely)
The purpose of this item is to consider formally supporting staff in refraining from enforcement of the
Occupancy Ordinance for households in Fort Collins that are hosting residents impacted by the
Marshall/Boulder County Fire.
Caryn Champine, Director of Planning, Development and Transportation, provided context for
this resolution and outlined last week’s work session discussion regarding the Marshall Fire relief
efforts and the status of requests for support and housing relief. She noted the greatest Code barrier
in Fort Collins for supporting the ability to house residents impacted by the fire are occupancy
regulations. She outlined the four options provided by staff and summarized the resolution.
Joe Rowan stated this is an example of Council moving too quickly and not taking the time to
understand obstacles or the scope of the resolution. He asked how many constituents have
suggested the need for this particularly given the housing agencies serving Boulder County are not
seeking help. He suggested adopting this resolution flies in the face of supporting working class
families in Fort Collins.
Michelle Haefele requested Council oppose the resolution as there is no need for it. She stated
there are robust housing matching programs already in place being used by fire victims.
Additionally, she noted all temporary shelters for fire victims have been closed as they are no
longer needed. She opposed placing the burden of complaint on residents and stated a permitted
exemption would be more equitable, more predictable for fire victims and their hosts, and more
transparent for neighborhoods. She stated the resolution should be rejected until there is a
demonstrated need.
Jerry Gavaldon opposed the resolution as there is no demonstrated need.
Kathryn Dubiel stated there is no need for temporary housing for the Marshall Fire victims. She
suggested Council should table the resolution and put its efforts into enacting a mechanism that
City of Fort Collins Page 11
meets future emergency housing needs. She stated if Council moves forward, she would request
the use of a permitted exemption.
Councilmember Peel stated this is not an attempt to begin to end You Plus Two; it was born of an
honest desire to help neighbors. She agreed there are some issues with the resolution and supported
the use of a permitted exemption.
Mayor Pro Tem Francis concurred with Councilmember Peel that permitted exemption would be
appropriate as it would allow for documentation regarding who is using the program and would
provide a means to evaluate the effectiveness of the program.
Mayor Arndt asked if a permitted exemption could be utilized in this situation for any type of
declared emergency rather than a specific situation to allow for more nimble response.
Councilmember Ohlson noted some type of change like that will be coming forward in Land Use
Code changes. He stated he does not believe there is a need for this action; however, he stated he
would support the permitted exemption process. He asked about the wording related to an
emergency ordinance. City Attorney Daggett replied the language was not meant to establish an
emergency in Fort Collins but was written to state there is an effect on Fort Collins related to the
desire to help individuals who may need housing in Fort Collins on a temporary basis. She stated
the language could be rewritten to avoid any misstatements that cause concerns. She stated there
is no plan to bring forth an emergency ordinance.
Councilmember Ohlson noted any future changes to the occupancy ordinance will apply to all
parts of Fort Collins whether the area is covered by an HOA or not.
Councilmember Gutowsky commented on the speed with which this item moved forward,
particularly given the lack of perceived need, and stated that is likely why many constituents were
concerned. She discussed Boulder’s proposed program to require affidavits for those living in
homes as well as requiring inspections to ensure safety of homes. She stated she would like to see
those two items, as well as a time limit, as part of Fort Collins permitted exemption process.
Councilmember Pignataro asked if there have been multiple requests for housing assistance, given
the word ‘numerous’ in the language. Champine replied that language was more derived from the
work session conversation than from actual requests.
Councilmember Pignataro asked if there is a timeline associated with ‘short-term need.’ Champine
replied staff has proposed the permit program involves an initial twelve month permit with the
option to renew for an additional twelve months.
Mayor Arndt suggested postponing indefinitely this resolution and considering a permitted
exemption process related to declared emergencies or disasters.
Councilmember Ohlson discussed the forthcoming Land Use Code changes related to declared
emergencies, which he stated should not be rushed, and suggested the item related to this specific
situation come forth in the next few weeks.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Pignataro, to postpone
indefinitely Resolution 2022-024, and direct staff to draft an ordinance for a permitted exemption
for Council’s next regular meeting on February 15.
City of Fort Collins Page 12
RESULT: RESOLUTION 2022-024 POSTPONED INDEFINITELY [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
18. Sam's Club Fuel Station Appeal. (Upheld)
The purpose of this item is to consider an appeal of the Planning and Zoning Commission (the
“Commission”) decision on May 20, 2021, denying the Addition of a Permitted Use (“APU”) for a
Sam’s Club Fuel Station, which was proposed in conjunction with a development plan for a gasoline
station within the parking lot of the existing Sam’s Club retail membership warehouse at the southeast
corner of Harmony Road and Boardwalk Drive. A Notice of Appeal was filed on June 3, 2021, alleging
the Commission failed to conduct a fair hearing and failed to properly interpret and apply the Land Use
Code.
On July 30, 2021, the Appellant and Applicant, Sam’s Club, and the known party in opposition,
Harmony Market Owner’s Association, contacted the City Clerk’s Office and asked for a continuance
of the August 4, 2021, hearing before Council. The Council continued the appeal hear ing until January
18, 2021.
City Attorney Daggett discussed the history of this item and outlined the appeal hearing process.
Paul Sizemore, Director of Community Development and Neighborhood Services, stated the
purpose of this item is for Council to consider an appeal of the Planning and Zoning Commission’s
May 2021 decision to deny an addition of permitted use (APU) and major amendment for a
gasoline fuel station proposed in the Sam’s Club parking lot at the southwest corner of Harmony
Road and Boardwalk Drive. He discussed the Harmony Corridor zoning district, which
encompasses the site, and associated allowed uses. He showed photos of the site and renderings
of the proposed fuel facility. He noted the Commission’s primary consideration was the proposed
addition of a fuel station use and he discussed the APU process which is necessary in this case as
the use is not listed as allowable in the regional shopping center type.
Sizemore outlined the Planning and Zoning Commission’s hearing of the item to consider the APU
to add the use and the major amendment, which is the actual plan for the fuel station itself. He
stated the Commission voted five to one to deny the APU because it did not conform to the criteria,
specifically related to compatibility, adverse impacts, and changing the character of the
surrounding area. Additionally, the Commission voted five to one to deny the major amendment
because the APU was not approved and therefore the use was not allowable.
Sizemore detailed the appeal allegations and stated Council must first determine whether the
Commission failed to conduct a fair hearing. If Council finds a fair hearing was held on both
issues, the second question related to failure to properly interpret and apply relevant Code
provisions would need to be considered.
Carolynne White, land use counsel for the applicant, introduced herself and members of the
applicant team, including John DeGunya, with CEI Engineering and Chelsea Penn, Sam’s Club
real estate manager for the property.
Lew Harstead, Johnson and Repucci Law Firm introduced himself as the representative of the
entity that owns 4534 East Boardwalk Drive and as a party-in-interest opposing the appeal.
Brad March, attorney, introduced himself as the representative of owners of other parcels in the
shopping center and as a party-in-interest opposing the appeal.
City of Fort Collins Page 13
Mayor Arndt outlined the time allotments for the appeal procedure.
Mr. Harstead objected to the inclusion of new evidence, a June 10 letter from Sam’s Club, stating
it does not relate to the appeal allegations.
Ms. White stated her team has no preference as to whether the letter is considered; however, she
noted it was submitted in part in support of the request for a continuance of the appeal to allow the
parties to further negotiate and attempt to reach an agreement.
City Attorney Daggett noted it was correctly stated that the Code does recognize the ability of an
appellant who has submitted a notice of appeal that includes a fair hearing allegation to then submit
new evidence in support of that allegation. She stated Council may wish to not include the letter
as the appellant has not sought for its inclusion.
Mayor Arndt ruled the letter should not be included as evidence.
Appellant Presentation
Ms. White stated this item should have been presented as an accessory use rather than an addition
of a permitted use, as this is not a stand-alone fuel station and is only accessible by existing
members of the Sam’s Club. She discussed the existing uses at the site and highlighted aspects of
the proposed fuel station. She stated fuel stations are an allowed use in the Harmony Corridor
zone district; however, they are not allowed in designated regional shopping centers as per the
Harmony Corridor Standards and Guidelines, which is not the zoning code. She argued, therefore,
that the APU language should not apply.
Ms. White stated it is clear the Commission acted improperly when considering this item and stated
the only evidence in the record that is not in support of the proposal meeting the APU criteria is
the testimony of the representatives of the owners’ association. She stated Sam’s Club took that
testimony seriously and has therefore been attempting to resolve some of those issues. She stated
the transcript does not include any information as to which criteria the Commission felt was not
met and why, and further detailed the Commission’s discussion of the item stating it lacked details
related to the decision to deny the proposal.
Ms. White summarized some of the criteria her team felt were improperly applied by the
Commission in its decision. She requested Council overturn the Commission’s decision to deny
the APU and major amendment, or at the least, remand the item back to the Commission to prove
the opportunity to conduct a fair hearing.
Opponent Presentation
Mr. Harstead stated the Commission conducted a fair hearing and the Commissioners properly
considered and applied the Land Use Code. He discussed the Planning and Zoning Commission
hearing and noted Sam’s Club representatives did not raise any objections about having to go
through the APU process during that hearing. He outlined the portions of the hearing transcript
during which Commissioners found the proposal to be out of compliance with certain APU criteria.
He stated the assertion that the Commission considered improper criteria is without merit.
Mr. Harstead noted all the existing gas stations in the regional shopping center were built before
the enactment of the Harmony Corridor Standards and Guidelines. Additionally, he noted other
property owners in the shopping center testified as to why the fuel station use would have a
City of Fort Collins Page 14
negative impact on the area. He summarized his comments by stating the Commission held a fair
hearing, properly considered and applied the Harmony Corridor Plan and APU criteria under the
Land Use Code and arrived at the proper conclusion that the proposed plan failed to meet the
criteria in the Land Use Code.
Mr. March discussed the history of the Sam’s Club site and noted the agreement with the
previously planned tenant, Pace Warehouse, exempted it from payment of any assessments relative
to upkeep of the roads in the center. He noted the proposed fuel station requires the use of the
center’s interior roads, for which Sam’s Club has never had to pay to maintain. He also noted one
of the criteria for granting an APU involves no significant impact on other properties in the
association and another relates to traffic generation, which would increase with the proposed fuel
station use. He requested Council uphold the findings of the Planning and Zoning Commission.
Appellant Rebuttal
Ms. White stated the Owners’ Association had requested Sam’s Club pay for the maintenance of
the roadways that would be affected by this use. She stated that is what Sam’s Club has been
attempting to formalize a private agreement to accomplish. She outlined the timeline of events
related to the shopping center and the formation of the Harmony Corridor Plan and stated the other
fuel station in the shopping center was added after the Plan was adopted.
Ms. White agreed the nature of the use will create traffic; however, she stated most people utilizing
the fuel station will already be coming to the center because they are members of Sam’s Club. She
stated the transcript of the Commission’s hearing shows that the Chair never states which of the
criteria she thought the project did not meet. She added only one Commissioner stated which
criteria were not met, though he did not explain why. This Commissioner only cited the findings
in the staff report and presentations by staff and the applicant, which do not support the conclusion
that the criteria are not met; therefore, the issue should at least be remanded.
Regarding the APU process, Ms. White stated the applicant applied after consultation with staff
indicated that was the appropriate process under which to apply; it was not a decision solely made
by Sam’s Club. She stated it is clear the Commission did not conduct a fair hearing, and misapplied
several, if not all, of the applicable criteria for the APU process and in turn used that as the basis
for denying the major amendment without any discussion whatsoever of the major amendment
criteria or proposal. She requested Council remand the matter to the Commission or overturn its
decision.
Opponent Rebuttal
Mr. Harstead disagreed the issue related to paying for interior road maintenance is a private issue
between the parties and stated it is related to criterion D of the APU criteria. He also disagreed
the existing gas station in the center was built after the Harmony Corridor Plan based on testimony
in the hearing transcript. He detailed the motion made to deny the request and stated there was
sufficient evidence the application does not meet the appropriate standards.
Mr. March stated it does not matter why Sam’s Club filed for an APU and the question as to
whether that was the appropriate tactic is not relevant. He stated the record shows discussion of
whether this is an appropriate use for the site and noted additional traffic for the fuel station will
be created in the form of fuel trucks in addition to customers, which is part of the reason the
Association objected. He stated the Association has attempted to work with Sam’s Club since
2020 regarding an agreement on the roadways; unfortunately, that has yet to occur.
City of Fort Collins Page 15
Council Questions and Deliberation
Councilmember Peel asked whether the gas station on the property preceded the designation of the
center as a regional shopping center. Sizemore replied in the affirmative.
Councilmember Peel asked if the Planning and Zoning Commission is only able to consider the
location, size, and design of the APU regarding compatibility and negative impact, and not the
actual use. City Attorney Daggett replied part of the action tonight is to verify what Council’s
intent is for the Land Use Code language. She stated it is clear the location, size, and design of
the use would be impossible to assess when not thinking of the use itself. She stated there is room
for Council to interpret this as evaluating the impacts of this use in this place, including the
consideration of its size and design.
Mayor Arndt asked if individuals must be members of Sam’s Club to utilize the fuel station. Ms.
White replied in the affirmative. She also stated the appropriate question is not, will the use
generate traffic or more traffic than is there today, but will it generate more traffic compared to
other uses allowed in the zone district. She stated that also applies to odor, noise, or other factors.
She outlined other allowed uses, including retail, service, supermarkets, drug stores, and other
uses.
Councilmember Peel stated, based on the transcript, she is having a hard time determining whether
the Commissioners considered all the criteria and whether they considered them properly. She
stated she believes the Commission followed the proper protocol but questioned whether the
hearing was fair if each criterion was not discussed in a way that would lead someone to understand
the reason for denial.
City Attorney Daggett discussed the Land Use Code provision that describes the findings to be
made by the decision maker which states all decisions must include at least the following: a clear
statement of approval, approval with conditions, or denial, and a clear statement of the basis upon
which the decision was made, including specific findings of fact with specific reference to the
relevant standards. She also noted there are specific provisions in City Code related to appeals
and the scope of this hearing and appeal is limited to the items identified in the notice of appeal.
Councilmember Peel suggested the item should be remanded to the Commission to allow
Commissioners to further detail the reasons they feel the criteria were not met.
Councilmember Pignataro asked what obligation the City Attorney present at Planning and Zoning
Commission meetings has regarding an observation a fair hearing is not taking place. City
Attorney Daggett replied the attorneys attempt to ensure the Commission understands the
requirements for their action, provide suggestions on how to structure motions, and suggest what
kinds of statements should be made on the record to try to create a good decision record. She
noted the appeal does not allege the Commission ignored its established rules of procedure;
however, if it is unclear to Council whether the appropriate interpretation of the Code has been
applied, it would be appropriate for Council to remand to request Commissioners more fully
articulate their decision.
Councilmember Pignataro requested additional information regarding an accessory use versus
addition of a permitted use. Clark Mapes, City Planner, replied staff ultimately determined the
applicant should go through the APU process because of the magnitude of the use and the traffic
it would generate, though it was a close decision. He stated an accessory use is customarily used
City of Fort Collins Page 16
with, and clearly incidental and subordinate to, the principal use of the land, and something that is
ordinarily located on the same lot with the principal use.
Councilmember Pignataro asked if Sam’s Club could return with a new application for an
accessory use. Mapes replied the Planning staff would not allow that for the same reasons it did
not allow the accessory use application originally.
Councilmember Pignataro requested examples of clear accessory uses. Mapes replied an outdoor
storage area for a retail establishment would be an accessory use.
Councilmember Peel asked if fuel stations are customarily part of warehouse grocers. Mapes
replied the use is becoming more common, which is why it was a close finding for staff t o
determine the need of the APU process. Sizemore noted the scope and scale aspects of the
determination are important and he cited examples of accessory uses in residential areas, such as
garages, which add negligible impact to the primary use and does not change the fundamental
nature or impacts of the primary use.
Councilmember Ohlson stated he would prefer the appeal be denied and the decision of the
Commission be upheld. He stated the Harmony Corridor development came about as the
community did not want another Mulberry Avenue corridor, including not having automobile and
gas station uses. He noted the bar for the APU process is higher and stated all eight applicable
criteria need to be met. He asked if a memo was sent from the City Attorney’s Office regarding a
fair hearing. City Attorney Daggett replied the m emo was sent and stated it seeks to ensure the
standards were explained.
Councilmember Peel stated she does not believe the proposed project is a good idea and she does
not want to change the Harmony Corridor Plan; however, she would like to answer the questions
put before Council and she does not feel she can do that solely based on the information provided.
City Attorney Daggett noted there is a provision in the Land Use Code that imposes a post-denial
resubmittal delay.
Mayor Pro Tem Francis stated she believes a fair hearing was conducted. Mayor Arndt and
Councilmember Canonico concurred.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Canonico, that Council find
that the Planning and Zoning Commission conducted a fair hearing in its consideration of the APU
and major amendment for Sam’s Club Fuel Station, and that the Commission did not substantially
exceed its authority or jurisdiction or abuse its discretion, and did not consider evidence relevant
to its decision that was substantially false or grossly misleading. Yeas: Canonico, Ohlson,
Gutowsky, Pignataro, Francis and Arndt. Nays: Peel.
THE MOTION CARRIED.
Mayor Pro Tem Francis stated she believes the Commission properly interpreted the Land Use
Code and stated she would uphold the Commission’s denial of approval. She noted gas stations
were purposely excluded in this shopping center and she stated the proposed gas station does not
fit within the context of the area.
Councilmember Canonico discussed Mapes’ comments related to staff finding the APU as the
appropriate technique, which does require closer scrutiny.
City of Fort Collins Page 17
Councilmember Peel stated the question Council is to answer is whether the Commission properly
interpreted the Land Use Code, and she does not believe that is clear from the transcript.
Councilmember Ohlson concurred with Mayor Pro Tem Francis.
Mayor Arndt also concurred and stated the Commission properly interpreted and applied the
relevant criteria and not all the criteria were met for approval of the APU.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Pignataro, that the Council
find that the Planning and Zoning Commission properly interpreted and applied applicable Land
Use Code sections in its consideration of the APU and major amendment for Sam’s Club Fuel
Station, and properly found that the project does not fit due to size and location, creates more
offensive noise, vibration, dust, heat, smoke, or odor because of additional traffic, and does not
conform to the basic characteristics of the Harmony Corridor zone because the use was purposely
excluded from regional shopping centers. She further moved to uphold the Planning and Zoning
Commission’s decision denying approval of the APU and major amendment for Sam’s Club Fuel
Station.
RESULT: DENIAL UPHELD [6 TO 1]
MOVER: Emily Francis, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Francis, Arndt, Canonico, Ohlson, Gutowsky
NAYS: Peel
• OTHER BUSINESS
A. Consideration of a motion to cancel the Tuesday, February 1, 2022 Regular Council meeting:
Mayor Pro Tem Francis made a motion, seconded by Councilmember Gutowsky, that Council
cancel its regular meeting of February 1, 2022, pursuant to City Code Section 2 -28(a), in light of
the State of the City Address.
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
• ADJOURNMENT
Consideration of a motion to adjourn this meeting to 4:00 pm on Monday, January 24, 2022:
Mayor Pro Tem Francis made a motion, seconded by Councilmember Gutowsky, that Council
adjourn this meeting to 4:00 pm on Monday, January 24, 2022, to consider a possible executive
session and other matters related to the selection of a new City Manager and such other business
as may come before the Council.
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
City of Fort Collins Page 18
The meeting adjourned at 11:14 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 1
January 24, 2022
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 4:00 PM
• ROLL CALL
PRESENT: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
STAFF: DiMartino, Daggett, Hollingshead
• DISCUSSION ITEMS
1. Resolution 2022-026 Approving the Appointment of Anissa Hollingshead as City Clerk Effective
January 10, 2022 and Expressing Appreciation for the Interim Service of Tammi Pusheck as
Interim City Clerk. (Adopted)
The purpose of this item is to approve the appointment of Anissa Hollingshead as City Clerk.
RESULT: RESOLUTION 2022-026 ADOPTED [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
2. Resolution 2022-025 Making Findings of Fact and Conclusion of Law Regarding Appeal of the
Planning and Zoning Commission Decision Denying the Sam’s Club Fuel Station MJA#200002
Addition of a Permitted Use and Major Amendment (Adopted)
The purpose of this item is to make findings of fact and conclusions of law following the appeal of the
Planning and Zoning Commission decision on May 20, 2021, denying the Addition of a Permitted Use
and Major Amendment for development of a Sam’s Club Fuel Station in the parking lot of the existing
Sam’s Club.
RESULT: RESOLUTION 2022-025 ADOPTED [6 TO 1]
MOVER: Emily Francis, District 6
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Francis, Arndt, Canonico, Ohlson, Gutowsky
NAYS: Peel
3. Resolution 2022-023 Supporting an Application for a Great Outdoors Colorado Visioning Grant
Relating to a Portion of the Poudre River Corridor. (Adopted)
Staff is requesting that Council postpone this item to the February 15, 2022, Cou ncil meeting.
The purpose of this item is to request approval to pursue a visioning grant through Great Outdoors
Colorado (GOCO) for improvements to a section of the Poudre River corridor located approximately
between Lee Martinez Park and Linden Street as provided by the 2014 Poudre River Downtown
Master Plan. The visioning grant provides opportunity for additional community outreach and master
planning, with a focus on underserved neighborhoods and businesses near the downtown river
corridor. As part of the grant program, awarded communities may receive sizable grant awards for
implementation (up to $10 million per project) in a future phase.
Also, the Resolution has been updated to address comments from Council at the January 18,
2022, Council meeting.
City of Fort Collins Page 2
RESULT: Postponed to February 15, 2022 [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Tricia Canonico, , District 3
AYES: Pignataro, Francis, Arndt, Pignataro, Peel, Ohlson, Gutowsky
4. Executive Session Authorized.
Consideration of a motion to enter into Executive Session to consider matters related to the selection
of a new City Manager:
“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 receiving confidential information as part of the
process for recruitment and selection of a new city manager and discussing candid ates for that
position.”
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
• ADJOURNMENT
The meeting adjourned at 7:30pm.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 1
February 15, 2022
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Special Meeting – 3:30 PM
• ROLL CALL
PRESENT: Pignataro (Remote), Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
STAFF: DiMartino, Daggett, Hollingshead
(Secretary’s note: Councilmembers participating remotely are not permitted to vote pursuant to
City Code Section 2-26 and Resolution 2021-093 adopted on October 19, 2021.)
• DISCUSSION ITEMS
1. Executive Session Authorized.
Consideration of a motion to enter into Executive Session to consider matters related to the
selection of a new City Manager:
“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 receiving confidential information
as part of the process for recruitment and selection of a new city manager and discu ssing
candidates for that position.”
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Shirley Peel, District 4
AYES: Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
• ADJOURNMENT
The meeting adjourned at 5:00 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 1
February 15, 2022
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
• ROLL CALL
PRESENT: Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky, Pignataro (Remote)
STAFF: DiMartino, Daggett, Hollingshead
(Secretary’s note: Councilmembers participating remotely are not permitted to vote pursuant to
City Code Section 2-26 and Resolution 2021-093 adopted on October 19, 2021.)
• AGENDA REVIEW: CITY MANAGER
The video outlining public participation options was played.
Interim City Manager DiMartino stated Item No. 25, Strauss Lakes Metro District Conceptual
Review, has been withdrawn from the agenda. She also noted Item No. 26, Consideration of a
Motion to Approve the Finalists for City Manager, has been added, Item No. 6, Second Reading
Of Ordinance No. 011, 2022, Designating The Maxwell Rock House, 1433 South Overland Trail,
Fort Collins, Colorado, As A Fort Collins Landmark Pursuant To Chapter 14 Of The Code Of The
City Of Fort Collins, has been moved from the Consent Agenda to the Discussion Agenda, and
Item No. 1, Consideration and Approval of the Minutes of the January 18, 2022 Regular Meeting
and January 24, 2022 Adjourned Meeting, has been withdrawn for corrections.
• COMMUNITY REPORT: Congressman Joe Neguse - Updates from the Capitol
Congressman Neguse congratulated the new Councilmembers and Mayor. He discussed the
passage of the American Rescue Plan and bi-partisan Infrastructure Bill. He thanked Fort Collins
for aiding those affected by the Marshall Fire in Boulder County.
Jack Hermanson asked what Congressman Neguse will be doing to ensure Medicare for all
becomes a reality and asked if he is willing to call out members of his own party who are taking
corporate donations from insurance companies. Congressman Neguse replied he is a strong
proponent of Medicare for all and is a vice-chair of the Medicare for all caucus. He stated he
believes the Medicare for all bill is the best vehicle to ultimately ensuring universal access for all
Coloradoans.
Torin Kaletsky asked what recommendations Congressman Neguse has for the Council to
deprioritize police funding in its next budget and instead invest in the community. Congressman
Neguse replied he disagrees with that view and stated it is up to the Council for a decision on those
issues.
Congressman Neguse discussed his work with the Fort Collins Police Chief and commended his
work in keeping the community safe.
• PUBLIC COMMENT ON ANY TOPIC OR ITEMS
Joe Rowan commended Council’s Work Session conversation regarding the Housing Strategic
Plan and Land Use Code updates.
Rich Shannon, Colorado Foundation for Universal Healthcare volunteer, discussed the expense of
healthcare and expressed support for a single-payer nonprofit healthcare financing system. He
requested Council pass a resolution specifically supporting improved Medicare for all.
City of Fort Collins Page 2
Jack Hermanson expressed support for Medicare for all citing specific challenges with healthcare
for college students.
Holly Tarry expressed concern about Councilmember Ohlson’s treatment of City staff during
November work sessions, specifically stating his use of the word ‘corrupt’ to describe staff
needlessly erodes trust in local government.
Kaori Keyser, Democratic Socialists of America, Fort Collins, expressed support for Medicare for
all stating the current system does not work for the community. She requested Council adopt a
resolution supporting improved Medicare for all.
Adam Eggleston discussed the importance of ensuring increasing fees do not further negatively
impact affordable housing. He also discussed the importance of people living where they work to
assist with climate goals. He announced a community event with SAVA.
Isabella Zapata discussed the importance of mental health and expressed support for Medicare for
all.
Larson Ross, Democratic Socialists of America, encouraged Council to pass a resolution in support
of improved Medicare for all.
Torin Kaletsky expressed support for Medicare for all. Additionally, he questioned why the 2022
adopted budget has yet to be published and asked about the timeline for the next budget. He
commented on Item No. 15, Resolution 2022-029 Supporting a Grant Application for an
Affordable Housing Development Incentives Grant from the Colorado Department of Local Affairs
and asked how renters and unhoused individuals are being supported in terms of affordable
housing.
Representative Bosenecker requested Council consider adopting a resolution in support of
improved Medicare for all and thanked Congressman Neguse for his longstanding support of
improved Medicare for all. He expressed gratitude for healthcare workers and commended
Council’s work on preparing the 2022 Legislative Policy Agenda, including the language that
supports healthcare policy that provides single-payer nonprofit healthcare to all residents.
Carol Cochran, Horse and Dragon Brewery owner, expressed support for improved Medicare for
all and encouraged Council to adopt a supportive resolution.
Cathie Egan, family doctor, expressed support for improved Medicare for all and encouraged
Council to adopt a supportive resolution.
Anders Fremstad encouraged Council to adopt a resolution supporting improved Medicare for all.
• PUBLIC COMMENT FOLLOW-UP
Councilmember Ohlson asked if there are plans to bring forward a resolution in support of
improved Medicare for all. Interim City Manager DiMartino replied staff has yet to hear a request
from three or more Councilmembers to do so; however, that direction could be provided.
Councilmember Ohlson stated he would be willing to bring the topic forward under Other
Business.
Councilmember Pignataro asked if she could still participate in Other Business items despite not
City of Fort Collins Page 3
being able to vote due to her remote participation. City Attorney Daggett replied in the affirmative;
however, Councilmembers could determine otherwise.
(Secretary’s Note: The Council took a break in the agenda at this point to receive Congressman
Neguse’s report.)
Councilmember Peel concurred with Mr. Eggleston’s concerns regarding increased fees. She
requested staff provide a spreadsheet of all fees associated with housing construction. Interim City
Manager DiMartino replied the topic will be coming before the Finance Committee in April.
Mayor Pro Tem Francis asked when the upcoming budget cycle will begin. Interim City Manager
DiMartino replied Council will start the discussion in late summer and early fall; however, prep
work with the community will occur earlier.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Peel, to adopt and approve
all items not withdrawn from the Consent Agenda.
RESULT: CONSENT CALENDAR ADOPTED [6 TO 0]
MOVER: Emily Francis, District 6
SECONDER: Shirley Peel, District 4
AYES: Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
1. Second Reading of Ordinance No. 007, 2022, Appropriating Prior Year Reserves in the Transit
Services Fund to Expand the Scope of Work for North College MAX Plan. (Adopted)
This Ordinance, unanimously adopted on First Reading on January 18, 2022, appropriates $48,340
from Transit Services Fund Reserves to expand the scope of work for the North College MAX Plan to
include additional public engagement and emphasis on land use and transit-oriented development.
2. Second Reading of Ordinance No. 008, 2022, Appropriating Unanticipated Grant Revenue and
Authorizing Transfers in the General Fund for the Environmental Services Radon Program.
(Adopted)
This Ordinance, unanimously adopted on First Reading on January 18, 2022, ap propriatea
unanticipated grant revenue in the General Fund for the Environmental Services Radon Program. This
appropriation includes $9,000 of grant revenues provided by the Colorado Department of Public Health
and Environment (CDPHE) to support radon testing and mitigation programs. The grant directly
supports radon activities identified in the Environmental Services Department’s core budget offer and
requires a local match of $6,000. Matching funds are appropriated and unexpended in the 2022
Environmental Services operating budget and will be transferred to the Environmental Services Radon
Program.
3. Second Reading of Ordinance No. 009, 2022, Annexing the Property Known as the Timber Lark
Annexation to the City of Fort Collins, Colorado. (Adopted)
This Ordinance, unanimously adopted on First Reading on January 18, 2022, annexes the tract of land
known as the Timber Lark Annexation. The Timber Lark Annexation consists of approximately 35.17
acres and establishes the required 1/6 contiguity with existing City limits. The Timber Lark Annexation
is located approximately 600 feet northwest of the intersection of South Timberline Road and East
Trilby Road and would incorporate the property into Fort Collins’ municipal boundaries, as well as into
the Residential Neighborhood Sign District, and Lighting Context Area Map. A related item to zone the
annexed property is presented as the next item on this Agenda and the zoning addresses the proposed
changes to the Residential Neighborhood Sign District and the Lighting Context Area Map.
City of Fort Collins Page 4
This annexation request conforms with the State of Colorado Revised Statutes as they relate to
annexations, the City Comprehensive Plan, and the Larimer County and City of Fort Collins
Intergovernmental Agreements.
4. Second Reading of Ordinance No. 010, 2022, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Timber Lark
Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the
Residential Neighborhood Sign District and Lighting Context Area Map. (Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be
considered in accordance with the procedures described in Section 1(d) of the Council’s R ules of
Meeting Procedures adopted in Resolution 2021-093.
This Ordinance, unanimously adopted on First Reading on January 18, 2022, applies zoning to the
property included in the annexation, known as the Timber Lark Annexation, located approximately
600 feet northwest of the intersection of South Timberline Road and East Trilby Road. The proposed
zoning for this annexation is Low Density Mixed-Use Neighborhood (L-M-N). The surrounding
properties are existing residential land uses currently zoned FA -1 (in Larimer County) to the south,
and Residential Low Density (RL) to the west. The abutting City limits to the north and adjacent city
limits to the east are zoned Low Density Mixed-Use Neighborhood (L-M-N). Staff also recommends
placement into the Residential Neighborhood Sign District, and Lighting Context Area map.
5. Second Reading of Ordinance No. 012, 2022, Authorizing the Conveyance of a Temporary
Construction Easement on the South Transit Center to Faircoll, LLC. (Adopted)
This Ordinance, unanimously adopted on First Reading on January 18, 2022, conveys a 3,675-square-
foot temporary construction easement (TCE) to Faircoll, LLC (Faircoll), for construction improvements
at the City-owned real property at 4915 Fossil Boulevard, which is the location of the South Transit
Center. Faircoll is the owner of the adjacent property and as part of the development of apartments
at its property, Faircoll is required to install permanent pedestrian connections from its property to the
South Transit Center. The TCE grants Faircoll access and permission to perform this work on the
City’s South Transit Center property at no cost to the City.
6. First Reading of Ordinance No. 013, 2022 Appropriating Unanticipated Grant Revenue and
Authorizing Transfers in the Transportation Services Fund for the Electric Micro-Mobility Pass
and Education Series Pilot Program. (Adopted)
The purpose of this item is to request appropriation of unanticipated grant revenue received from the
Colorado Department of Transportation (“CDOT”) Travel Demand Management Seed Funding Grant
Program and to authorize transfers in the Transportation Services Fund for the Electric Micro -Mobility
Pass and Education Series Pilot Program (the “Program”).
7. Items Relating to the 2022 City Classified Employee Pay Plan as Provided in the Collective
Bargaining Agreement with the Fraternal Order of Police. (Adopted)
A. First Reading of Ordinance No. 014, 2022, Adopting the 2022 Amended City Classified Employee
Pay Plan to Update Classified Positions as Provided in the Collective Bargaining Agreement with
the Fraternal Order of Police.
B. First Reading of Ordinance No. 015, 2022, Appropriating Prior Year Reserves in the General Fund
for the Cost of Police Services Salary and Benefit Increases as Provided in the Collective
Bargaining Agreement with the Fraternal Order of Police.
The purpose of this item is to recommend changes to the 2022 City Classified Employee Pay Plan
based on an annual market analysis conducted as agreed upon through the 2022-2024 Collective
Bargaining Agreement (the “Agreement”) with the Northern Colorado Lodge #3 of the Fraternal Order
of Police (“FOP”). The Agreement was approved by Council by Resolution on December 7, 2021. The
Agreement specifies a salary data collection method and evaluation process that includes market data
as of early January. This data has been collected and analyzed, resulting in the revised 2022 City
Classified Employee Pay Plan.
City of Fort Collins Page 5
8. First Reading of Ordinance No. 016, 2022, Appropriating Philanth ropic Revenue Received
Through City Give for the Larimer County Veterans Memorial. (Adopted)
The charitable gift is received from VFW Rocky Mountain Post 1781 for the upkeep and maintenance
of the Larimer County Veterans Memorial located in Edora Park and honors Larimer County veterans
killed in military service.
9. First Reading of Ordinance No. 017, 2022, Appropriating Philanthropic Revenue Received
Through City Give to Fund a Police Services Canine (K9) Unit. (Adopted)
The purpose of this item is to appropriate $10,000 in philanthropic revenue for Fort Collins Police
Services received from the Howard G. Buffett Foundation for the purchase and training of a K9 as
designated by the donor. The award of $10,000 from The Howard G. Buffett Foundation underwrites
the purchase, related travel, and training of a K9. The philanthropic support adds a sixth canine unit
to FCPS, and greatly furthers our commitment to public safety.
10. First Reading of Ordinance No. 018, 2022, Amending the City of Fort Collins Land Us e Code to
Remove Enclosed Mini-Storage as an Allowed Use in the Portion of the General Commercial
Zone District Within the Transit-Oriented Development Overlay Zone. (Adopted)
The purpose of this item is to adopt a Land Use Code amendment for the General C ommercial Zone
District permitted use list to delete the allowance of Enclosed Mini-Storage use in the area included in
the Transit Oriented Development (TOD) Overlay. The proposed code change will resolve a zoning
disconnect and act to strengthen the intent and purposes of the TOD district overlay that include land
uses, densities, and design that enhance and support the MAX line and transit stations along the
Mason Corridor.
The proposed Land Use Code changes include an amendment to Article Three, Sectio n 3.10.2 TOD
Overlay standards, and Article Four, Section 4.21 General Commercial zone district use standards in
the Land Use Code.
As a follow up to this proposed LUC amendment, staff will develop new design standards for the
Enclosed Mini-Storage use to be coordinated with Phase 2 of the Land Use Code Update in 2023-24.
11. Resolution 2022-027 Authorizing the Execution of an Intergovernmental Agreement Between
the City of Fort Collins, Colorado, and the Colorado Department of Transportation for the
Laporte Avenue Multi-Modal Improvement Project. (Adopted)
The purpose of this item is to authorize the Mayor to execute an Intergovernmental Agreement (“IGA”)
with the Colorado Department of Transportation (“CDOT”) for the Laporte Avenue Multi -Modal
Improvements Project (the “Project”). The City was awarded Multimodal Options Fund (“MMOF”),
Revitalizing Mainstreet (“RMS”), and Transportation Alternatives Program (“TAP”) grants for the
Project, which are to be administered by CDOT with project delivery overs ight pursuant to an IGA with
CDOT. The Project funds will be used for design, any necessary property acquisition, and construction
of roadway improvements along Laporte Avenue from Fishback Avenue to Sunset Street, excluding
the bridges and roadway crossing the New Mercer Canal north of Grandview Cemetery.
12. Resolution 2022-028 Authorizing the Mayor to Execute an Intergovernmental Agreement with
Larimer County to Partner on the Purchase of a Conservation Easement on a 428 Acre Ranch
within the Laramie Foothills - Mountains to Plains Project Area. (Adopted)
The purpose of this item is to seek Council approval of a Resolution implementing an
Intergovernmental Agreement (IGA) with Larimer County to partner on the conservation of a 428 -acre
property within the Laramie Foothills - Mountains to Plains project area. The County is the lead on the
project and will hold a conservation easement on the property. The conservation easement requires
that the land never be subdivided and that it be managed to protect its c onservation values in
perpetuity. This acquisition would replace several property interests that Larimer County planned to
acquire in partnership with the City under a 2020 IGA. This project was fully described in the Land
Conservation Quarterly Report on January 13, 2022.
City of Fort Collins Page 6
13. Resolution 2022-029 Supporting a Grant Application for an Affordable Housing Development
Incentives Grant from the Colorado Department of Local Affairs. (Adopted)
The purpose of this item is to seek a Council support of the City's application to the Colorado
Department of Local Affairs for an Affordable Housing Development Incentives Grant for the Kechter
Townhomes development project as required to submit an application for funding. The City's Letter of
Intent was accepted and the City was invited to apply for funding to offset water fees related to the
development of this land bank parcel.
14. Resolution 2022-030 Approving Fort Fund Grant Disbursements - Project Support II Category.
(Adopted)
The purpose of this item is to approve Fort Fund grants from the Cultural Development and
Programming Account and the Tourism Programming Account for the selected community events in
the Project Support II category, based upon the recommendations of the Cultural Resources Board.
15. Resolution 2022-031, Superseding Resolution 2021-074 To Express and Update Council’s
Intent and Direction Regarding Remote Work Sessions. (Adopted)
The purpose of this item is to update remote work session practices to have all Councilmembers
participating remotely as the default option. Councilmembers may participate from City Hall with 24 -
hour notice.
16. Resolution 2022-032 Making an Appointment to the Colorado Communities for Climate Action
Board of Directors. (Adopted)
The purpose of this item is to appoint Councilmember Canonico to serve as the City of Fort Collins’
representative to the Colorado Communities for Climate Action (CC4CA) Board of Directors. A Fort
Collins’ staff member currently serves in this role and will transition to serving as a City alternate to the
Board of Directors.
17. Resolution 2022-033 Approving and Authorizing the Execution of a Memorandum of
Understanding with Housing Catalyst Regarding the Proposed Redevelopment of the City's
Remington Street Parking Lot. (Adopted)
The purpose of this item is to consider adopting a resolution that would authorize City staff to enter
into a Memorandum of Understanding (MOU) with Housing Catalyst for the purposes of securing
potential state and/or federal funding to support a future mixed-use, mixed-income redevelopment of
the City-owned Remington lot (Block 122). The potential redevelopment project would incorporate 50%
deed-restricted affordable housing, providing 80-120 units of affordable housing in the Downtown area.
Entering into this MOU is intended to give Housing Catalyst the required level of site control to apply
for potential state or federal funding opportunities by stating the City’s intent to lease the Remington
lot to Housing Catalyst, subject to later City Council approval of the lease by ordinance. The MOU also
provides termination provisions that will allow the City or Housing Catalyst to terminate this
relationship. Approval of the Resolution does not bind the City to a specific development program or
partnership with Housing Catalyst or obligate the City to lease the property.
18. Resolution 2022-034 Adopting the Design and Timeline for the Interview Process for the City
Manager Selection. (Adopted)
The purpose of this item is to review and consider the Council Committee’s recommended design and
timeline for the interview schedule for the City Manager selection.
• CONSENT CALENDAR FOLLOW-UP
Mayor Arndt encouraged citizen participation regarding Item No. 20, Resolution 2022-034
Adopting the Design and Timeline for the Interview Process for the City Manager Selection.
City of Fort Collins Page 7
Councilmember Gutowsky discussed Item No. 11, First Reading of Ordinance No. 017, 2022,
Appropriating Philanthropic Revenue Received By City Give to Fund a Police Services Canine
(K9) Unit.
• COUNCILMEMBER REPORTS
Councilmember Peel announced her upcoming listening session on February 19.
Mayor Arndt thanked those who helped plan and organize last week’s State of the City address
and thanked the attendees.
Councilmember Pignataro reported on the Platte River Power Authority Board’s strategic session.
She stated she is attending this meeting remotely as she is at the American Public Power
Association CEO round table.
Councilmember Gutowsky reported on the Police Services awards, Council’s particip ation in the
respectful workplace training, the Poudre Fire Authority strategic planning session, attending the
recent Senior Advisory Board meeting, and on the Natural Areas volunteer awards ceremony.
Councilmember Canonico reported on attending the Women Give of United Way luncheon and
encouraged community members to watch the recent and upcoming Futures Committee meeting
presentations.
• CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
19. Consideration and Approval of the Minutes of the January 18, 2022 Regular Meeting and
January 24, 2022 Adjourned Meeting. (Withdrawn)
The purpose of this item is to approve the minutes of the January 18, 2022 Regular meeting and
January 24, 2022 Adjourned meeting.
RESULT: WITHDRAWN
20. Second Reading of Ordinance No. 011, 2022, Designating the Maxwell Rock House, 1433 South
Overland Trail, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of
the Code of the City of Fort Collins. (Postponed to Date Certain)
This item will be moved to discussion.
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered
in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Reso lution
2021-093.
This Ordinance, unanimously adopted on First Reading on January 18, 2022, requests City landmark
designation for the property at 1433 South Overland Trail. In cooperation with the property owner, the
Ponds at Overland Trail HOA, City staff and the Historic Preservation Commission (the “Commission”)
have determined the property to be eligible for designation under Standards 2, Persons/Groups for
association with Paul and Emerald Maxwell, important figures in the social history of what is now west
Fort Collins, and under Standard 3, Design/Construction for the property's significance as a rare surviving
example of a stone masonry farmhouse in the Fort Collins area. The HOA owner is requesting
designation, which will provide protection of the property's exterior and immediate grounds, and access
to financial incentives for preservation.
Interim City Manager DiMartino stated staff is recommending the postponement of this item to
May 3.
City of Fort Collins Page 8
Timothy Johnson, Ponds and Overland Trail HOA, stated the HOA is attempting to ensure it does
own the property in question prior to the Second Reading of this item.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Gutowsky, to postpone
Second Reading of Ordinance No. 011, 2022, to May 3rd, 2022.
RESULT: ORDINANCE NO. 011, 2022 POSTPONED TO MAY 3 [6 TO 0]
MOVER: Emily Francis, District 6
SECONDER: Susan Gutowsky, District 1
AYES: Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
• DISCUSSION ITEMS
21. Resolution 2022-023 Supporting an Application for a Great Outdoors Colorado Visioning Grant
Relating to a Portion of the Poudre River Corridor. (Adopted)
The purpose of this item is to request approval to pursue a visioning grant through Great Outdoors
Colorado (GOCO) for improvements to a section of the Poudre River corridor located approximately
between Lee Martinez Park and Linden Street as provided by the 2014 Poudre River Downtown
Master Plan. The visioning grant provides opportunity for additional community outreach and master
planning, with a focus on underserved neighborhoods and businesses near the downtown river
corridor. As part of the grant program, awarded communities may receive sizable grant awards for
implementation (up to $10 million per project) in a future phase.
The Resolution has been updated to address comments from Council at the January 18, 2022,
Council meeting.
Deputy City Manager Stannert, stated this action will only express support for $150,000 visioning
grant and confirmed there will be multiple touchpoints before Council prior to moving beyond
that. He stated there will be an opportunity to make changes if the grant is awarded, including the
possibility of not including funding from the Overland Mountain Bike Club.
Kurt Friesen, Director of Park Planning, discussed the framework of the Poudre River Master Plan
approved in 2014. He stated this grant effort, if successful, would first involve visioning efforts
with some typically underreached populations and noted there will be opportunity for Council
input prior to moving forward with any type of implementation.
Joe Rowan opposed Councilmember Ohlson’s statements of presumed veto power during the
previous hearing on this item. He requested Council clarify the boundaries of acceptable behavior
and responsible execution of its duties.
Councilmember Ohlson thanked Council for allowing additional time to study this issue. He also
thanked management and staff for discussing the issue with him and others. He stated he would
support the item so it can move forward to GOCO with unanimous Council support. He stated he
will continue to do his best to protect the natural environment and represent his constituents.
Additionally, he stated he will never misrepresent that he is speaking for Council or the City when
he reaches out to those with whom he wishes to share his opinion.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Canonico, to adopt
Resolution 2022-023.
City of Fort Collins Page 9
RESULT: RESOLUTION 2022-023 ADOPTED [6 TO 0]
MOVER: Emily Francis, District 6
SECONDER: Tricia Canonico, District 3
AYES: Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
22. First Reading of Ordinance No. 019, 2022 Amending Article XIII, Chapter 12 of the Code of the
City of Fort Collins, Regulating Disposable Bags and Mitigating Other Sources of Single Use
Plastic Pollution. (Adopted on First Reading)
The purpose of this item is to consider adoption of amendments to Ordinance No. 026, 2021, which
bans distribution of plastic bags and imposes a disposable bag fee on paper bags provided by large
grocers, to (the “Disposable Bag Ordinance”). These amendments are intended to clarify and align
certain provisions of the Disposable Bag Ordinance with the Plastic Pollution Reduction Act (C.R.S.
Section 25-17-501 et seq.) subsequently adopted by the Colorado Legislature.
The amendments included in this Ordinance will:
• Maintain timeline for bag changes for large grocers (effective May 1, 2022);
• Adopt the State’s policy that charges a 10-cent fee per paper bag;
• Adopt the State’s policy that splits the paper bag fee revenue 60-40 (City-grocer);
• Maintain the City’s existing exemption for all income-qualified program recipients;
• Allow further exemptions and exceptions to be developed and granted via administrative rule
with notice to Council before such exemptions become effective;
• Align definitions to the State’s policy, either by adopting the exact wording or by aligning to the
intent of the definition in cases where the policies are structured differently; and
• Update and align other non-substantive elements of the local Ordinance.
Katy McLaren, Lead Climate Specialist, commented on the alignment of addressing plastics
pollution with Council objectives and outlined the proposed plastic bag ordinance stakeholder
outreach. She discussed the staff recommendation for changes to the ordinance based on the work
session discussion, including reducing the proposed $0.12 paper bag fee to $0.10 to align with the
state and making other changes to ensure the local ordinance is as complementary to the state’s
statute as possible.
Councilmember Ohlson asked if this item was referred to the ballot by Council or citizens. Mayor
Pro Tem Francis replied it was referred by Council. Councilmember Ohlson thanked those on the
previous Council and the voters who supported this initiative.
Councilmember Gutowsky commented on the support for this initiative by youth in the
community.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 019, 2022, on First Reading.
RESULT: ORDINANCE NO. 019, 2022 ADOPTED ON FIRST READING [6 TO 0]
MOVER: Emily Francis, District 6
SECONDER: Susan Gutowsky, District 1
AYES: Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
City of Fort Collins Page 10
23. First Reading of Ordinance No. 020, 2022 Supporting Temporary Fort Collins Housing Permits
for Victims of the Marshall/Boulder County Fire as an Exception to Land Use Code Section
3.8.16 Occupancy Limits. (Adopted on First Reading)
The purpose of this item is to consider adoption of an ordinance authorizing staff to implement a permit
process to request relief from the Occupancy Ordinance Land Use Code (“LUC”) Section 3.8.16 for the
purpose of hosting residents impacted by the Marshall/Boulder County Fire.
Caryn Champine, Director of Planning, Development and Transportation, discussed the Council
direction to staff to develop a permit exemption program to allow for Fort Collins households to
provide housing to individuals impacted by the Marshall Fire. She provided details regarding the
proposed program and ordinance noting the ability to override HOA covenants is included.
Larson Ross asked if it would be possible to include the ability to override landowner consent to
allow renters to participate in the program.
Councilmember Ohlson asked if that question could be addressed prior to Second Reading. City
Attorney Daggett replied in the affirmative.
Mayor Pro Tem Francis thanked Councilmember Pignataro for bringing this idea forward and
commended the work on the program.
Councilmember Canonico thanked staff for incorporating Council’s thoughts and for work on the
program.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Peel, to adopt Ordinance
No. 020, 2022, on First Reading.
(Secretary’s Note: The Council took a brief recess at this point in the meeting.)
RESULT: ORDINANCE NO. 020, 2022 ADOPTED ON FIRST READING [6 TO 0]
MOVER: Emily Francis, District 6
SECONDER: Shirley Peel, District 4
AYES: Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
24. Items Related to the Adoption of the 2021 International Building Codes, the Colorado Plumbing
Code, and Local Amendments. (Adopted on First Reading)
A. First Reading of Ordinance No. 021, 2022, Amending Chapter 5, Article II, Division 2 of the Code
of the City of Fort Collins for the Purpose of Repealing the 2018 International Building Code and
Adopting the 2021 International Building Code, with Amendments.
B. First Reading of Ordinance No. 022, 2022, Amending Chapter 5, Article II, Division 2 of the Code
of the City of Fort Collins for the Purpose of Repealing the 2018 International Energy Conservation
Code and Adopting the 2021 International Energy Conservation Code, with Amendments.
C. First Reading of Ordinance No. 023, 2022, Amending Chapter 5, Article II, Division 2 of the Code
of the City of Fort Collins for the Purpose of Repealing the 2018 International Residential Code
and Adopting the 2021 International Residential Code, with Amendments.
D. First Reading of Ordinance No. 024, 2022, Amending Chapter 5, Article II, Division 2 of the Code
of the City of Fort Collins for the Purpose of Repealing the 2018 International Existing Building
Code and Adopting the 2021 International Existing Building Code, with Amendments.
City of Fort Collins Page 11
E. First Reading of Ordinance No. 025, 2022, Amending Chapter 5, Article II, Division 2 of the Code
of the City of Fort Collins for the Purpose of Repealing the 2018 International Swimming Pool and
Spa Code and Adopting the 2021 International Swimming Pool and Spa Code, with Amendments.
F. First Reading of Ordinance No. 026, 2022, Amending Chapter 5, Article II, Division 3 of the Code
of the City of Fort Collins for the Purpose of Repealing the 2006 International Property
Maintenance Code and Adopting the 2021 International Property Maintenance Code, with
Amendments.
G. First Reading of Ordinance No. 027, 2022, Amending Chapter 5, Article IV of the Code of the City
of Fort Collins for the Purpose of Repealing the 2018 International Mechanical Code and Adopting
the 2021 International Mechanical Code, with Amendments.
H. First Reading of Ordinance No. 028, 2022, Amending Chapter 5, Article IV of the Code of the City
of Fort Collins for the Purpose of Repealing the 2018 International Fuel Gas Code and Adopting
the 2021 International Fuel Gas Code, with Amendments.
I. First Reading of Ordinance No. 029, 2021, Amending Chapter 5, Article V, Division 1 of the Code
of the City of Fort Collins for the Purpose of Amending the Colorado Plumbing Code.
The purpose of these items is to adopt the most up-to-date, comprehensive, and fully integrated body
of building codes, collectively referred to as the “2021 I -Codes,” regulating building construction to
safeguard the public health, safety, and general welfare by regulating structural strength and stability,
sanitation, light and ventilation, energy conservation, and property protection from hazards attributed
to the built environment within the City of Fort Collins.
The 2021 I-Codes will replace the 2018 editions which were adopted on January 12, 2019. These
codes are reviewed and voted on by code officials and construction industry professionals from across
the country and published every three years under the oversight of the International Code Council
(ICC). These core 2021 I-Codes represent the latest construction publications from the ICC.
Marcus Coldiron, Chief Building Official, stated Building Code updates are adopted every three
years to keep Fort Collins at the forefront of building science and to ensure continued alignment
with City priorities.
Kirk Longstein, Project Manager, noted this adoption aligns with that of Larimer County and other
regional partners. He discussed the updated plans and policies that have been adopted since the
2018 Building Codes were adopted and he provided information on the public outreach that has
occurred.
Joe Rowan stated the material provided for this item is incomplete and misleading and the
proposed changes will result in housing cost increases. He requested Council more carefully
consider how these changes would adversely impact the community prior to rendering a decision.
Emily Gallichotte supported the requirement for single-user restrooms to be gender neutral and
suggested large buildings with male and female restrooms should also have a separate gender
neutral restroom. She summarized requested changes from the Fort Collins Sustainability Group.
Matthew Twyman, Fort Collins Sustainability Group, discussed the City’s climate action goals
and stated the proposed Code changes should be the bare minimum for new buildings based on
energy performance standards. He stated the Group believes buildings should be 20% more
efficient than proposed and would like to see a greater effort be made to reduce the use of natural
gas in new buildings.
Sue McFaddin stated the proposed changes are not enough and encouraged electric preferred
development to be the standard.
City of Fort Collins Page 12
Casey Setash, Fort Collins Sustainability Group, discussed recent studies regarding gas stoves
emitting methane and encouraged Codes that will facilitate full electrification of new buildings
now and in the future. She discussed the cost of future retrofitting and stated it would be most cost
effective to require that all remaining parking spaces in multi-family parking lots be EV capable.
She also encouraged radon testing requirements and stated the Group would like the City to adopt
building codes that move the City further toward the achievement of greenhouse gas emission
reduction goals and indoor air quality goals.
Councilmember Peel asked about the $2,500 EV parking cost estimate. Longstein replied the cost
estimates are on the low end and do not include switch gear, which is building panel infrastructure.
He stated the cost scenarios represent multi-family requirements which are based on the Land Use
Code. Additionally, he noted every new single-family home would be required to be EV ready.
John Phelan clarified a fully functional EV parking space would likely range from $2,500 to
$6,000.
Mayor Pro Tem Francis asked about the cost of the panel. Phelan replied it could be as high as
$200,000 for a panel that could handle all the EV charging needs for 47 parking spaces.
Mayor Pro Tem Francis asked what would trigger the requirement for a retrofit. Phelan replied
there would not be a Code requirement unless that changes in the future; however, the cost would
be higher if a development determined it needed more EV capacity in the future.
Mayor Pro Tem Francis asked how the increased upfront costs impact affordable housing to be
competitive for financing and incentives. Meaghan Overton responded the Colorado Housing
Finance Authority already requires EV ready capabilities for projects that receive state tax credits.
Phelan noted no incentives from the state or feds are guaranteed.
Councilmember Peel commended staff for their work on attempting to reach climate goals while
not adding too much additional cost for affordable housing. She questioned whether the upfront
investments are financially feasible. Longstein replied this is a rapidly changing environment and
the Colorado Energy Office estimates EV sales represent 10% of car sales in the state which has
increased greatly even over the last few months.
Councilmember Peel questioned whether builders would naturally meet the consumer demand of
their own volition without having to add these required costs. Longstein replied this proposal
represents the best first-year cost estimates and reiterates the cost to retrofit expenses.
Councilmember Peel stated she could not support any of the Building Code proposals until she
sees the effects of all the fee increases and decisions on affordable housing and development. She
expressed concern there are unintended consequences that are not being addressed with some of
the proposed changes.
Councilmember Ohlson stated the Building Code changes are not radical and he expressed support
for the item. He stated the Fort Collins Sustainability Group is an underappreciated group of
individuals that suggest very specific changes for items. He stated he does not want to see the
appropriate and necessary changes get lost due to questions about the impact on affordable
housing, though they are legitimate concerns.
Councilmember Canonico stated all new vehicle sales from several major manufacturers will be
EVs by 2040 and there will be a massive increase in EV sales by 2025; therefore, if this Code
change is not made now, there will be large retrofit costs in the future. She asked if a 200 -amp
City of Fort Collins Page 13
panel should be considered for new single-family homes given the EV increase and switch away
from gas stoves to electric. Phelan replied the Building Code does not set panel sizes, that is in
the electric service standards and a parallel process of alignment between those, and the Building
Code has begun. He stated 200-amp service is a possibility as is an efficient fully-electrified home
on 150-amp service.
Councilmember Canonico asked if it is possible Colorado will be receiving more than the $57
million that has already been slated for EV charging. Phelan replied staff will be attending a
webinar on the federal infrastructure bill specific to EVs next week.
Councilmember Canonico thanked Councilmember Ohlson for his comments.
Councilmember Peel questioned whether individuals who need affordable housing will be the
same individuals purchasing electric vehicles. She stated she does not believe the full costs of
some of the Code changes are fully understood.
Mayor Arndt commented on difficulties in rebuilding after the Marshall Fire due to increased
expenses associated with new Building Codes. Additionally, she commented on the importance
of shared infrastructure rather than providing every household with every option. She asked about
the grey water ordinance and new plumbing codes. Russ Hovland replied the current Building
Code as well as the proposed Code include grey water regulation provisions in both the residential
and multi-family/commercial sections. He stated the missing piece is the ordinance.
Mayor Pro Tem Francis asked if it would be possible to pull EV ready requirements for affordable
housing developments for a separate discussion. City Attorney Daggett replied that will n eed to
be examined as the affordability of buildings does not necessarily last for the full life of the
building. She stated it could be discussed and options could be presented for Second Reading.
Mayor Pro Tem Francis expressed support for option one related to requiring single stall restrooms
to be gender neutral.
Mayor Arndt reiterated the request for a memo related to a global look at fees and rates. Interim
City Manager DiMartino replied staff would work on providing that information as soon as
possible.
City Attorney Daggett requested staff provide input regarding a possible timing issue with the
adoption of the Codes. Longstein replied the timing of adoption aligns with community partners,
including Larimer County, which has already adopted the 2021 Codes.
Councilmember Ohlson stated there is not truly a timing issue and requested staff bring the items
forward earlier if need be. Longstein replied a delay would not be detrimental. Interim City
Manager DiMartino concurred.
City Attorney Daggett asked if there are insurance issues that may result from a delay. Longstein
replied the ISO insurance rating that happens every four years is dependent on the City operating
under the newest Codes; however, a downgrade in the rating does not occur unless the City is
operating at two cycles behind.
City Attorney Daggett clarified Council will need to include a Second Reading date in the motions
should it wish to have it not be March 1. Additionally, she noted all items cross reference one
another so they should all go into effect simultaneously.
City of Fort Collins Page 14
Caryn Champine, Director of Planning, Development and Transportation, summarized the items
needed for follow-up and the time staff may need to address them.
Interim City Manager DiMartino suggested April 5 for a Second Reading date.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Ohlson, to adopt Ordinance
No. 021, 2022, on First Reading, as amended to include option one for gender neutral restroom
requirements and with Second Reading on April 5, 2022.
RESULT: ORDINANCE NO. 021, 2022 ADOPTED ON FIRST READING [6 TO 0]
MOVER: Emily Francis, District 6
SECONDER: Kelly Ohlson, District 5
AYES: Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
Mayor Pro Tem Francis made a motion, seconded by Councilmember Ohlson, to adopt Ordinance
No. 022, 2022, on First Reading, with Second Reading on April 5, 2022.
RESULT: ORDINANCE NO. 022, 2022 ADOPTED ON FIRST READING [6 TO 0]
MOVER: Emily Francis, District 6
SECONDER: Kelly Ohlson, District 5
AYES: Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
Mayor Pro Tem Francis made a motion, seconded by Councilmember Ohlson, to adopt Ordinance
No. 023, 2022, on First Reading, with Second Reading on April 5, 2022.
RESULT: ORDINANCE NO. 023, 2022 ADOPTED ON FIRST READING [6 TO 0]
MOVER: Emily Francis, District 6
SECONDER: Kelly Ohlson, District 5
AYES: Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
Mayor Pro Tem Francis made a motion, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 024, 2022, on First Reading, with Second Reading on April 5, 2022.
RESULT: ORDINANCE NO. 024, 2022 ADOPTED ON FIRST READING [6 TO 0]
MOVER: Emily Francis, District 6
SECONDER: Susan Gutowsky, District 1
AYES: Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
Mayor Pro Tem Francis made a motion, seconded by Councilmember Peel, to adopt Ordinance
No. 025, 2022, on First Reading, with Second Reading on April 5, 2022.
City of Fort Collins Page 15
RESULT: ORDINANCE NO. 025, 2022 ADOPTED ON FIRST READING [6 TO 0]
MOVER: Emily Francis, District 6
SECONDER: Shirley Peel, District 4
AYES: Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
Mayor Pro Tem Francis made a motion, seconded by Councilmember Canonico, to adopt
Ordinance No. 026, 2022, on First Reading, with Second Reading on April 5, 2022.
RESULT: ORDINANCE NO. 026, 2022 ADOPTED ON FIRST READING [6 TO 0]
MOVER: Emily Francis, District 6
SECONDER: Tricia Canonico, District 3
AYES: Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
Mayor Pro Tem Francis made a motion, seconded by Councilmember Canonico, to adopt
Ordinance No. 027, 2022, on First Reading, with Second Reading on April 5, 2022.
RESULT: ORDINANCE NO. 027, 2022 ADOPTED ON FIRST READING [6 TO 0]
MOVER: Emily Francis, District 6
SECONDER: Tricia Canonico, District 3
AYES: Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
Mayor Pro Tem Francis made a motion, seconded by Councilmember Peel, to adopt Ordinance
No. 028, 2022, on First Reading, with Second Reading on April 5, 2022.
RESULT: ORDINANCE NO. 028, 2022 ADOPTED ON FIRST READING [6 TO 0]
MOVER: Emily Francis, District 6
SECONDER: Shirley Peel, District 4
AYES: Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
Mayor Pro Tem Francis made a motion, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 029, 2022, on First Reading, with Second Reading on April 5, 2022.
RESULT: ADOPTED ON FIRST READING [6 TO 0]
MOVER: Emily Francis, District 6
SECONDER: Susan Gutowsky, District 1
AYES: Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
City of Fort Collins Page 16
25. Strauss Lakes Metro District Conceptual Review. (Withdrawn)
WITHDRAWN
The purpose of this item is to conduct a Conceptual Review for the proposed Strauss Lakes
Metropolitan District (Strauss Lakes District). Metropolitan Districts (Metro Districts) must provide
public benefits in a variety of categories to gain approval. Sta ff evaluates the Metro District’s proposed
public benefits with a scorecard. To provide early direction to applicants, the City’s Metro District Policy
requires a Conceptual Review meeting with Council. This Conceptual Review meeting allows for
Council and members of the public to provide feedback and direction on the Metro District and the
proposed public benefits required by the Metro District Policy.
Also, as stated in the Metro District Policy, this meeting provides the Council with the opportunity to
consider a motion at the conclusion of the meeting to express its opinion whether the application for
the service plan of the Strauss Lakes District, as proposed, should be brought forward to Council for
its formal consideration. That motion may also include any recommendations Council may have
concerning what should or should not be included in the applicant’s formal application. However, the
Policy also clearly states that such motion adopted and any comments, suggestions or
recommendations made by any Councilmember concerning the proposal, do not bind or otherwise
obligate the Council or any Councilmember to any decision in the subsequent formal application.
Sample motions are provided.
Strauss Lakes is a proposed mixed-use development at the northeast corner of Horsetooth Road and
Ziegler Road. Strauss Lakes submitted a Letter of Interest outlining the proposed public benefits in
conformance with the Metro District Policy. Staff finds the applicant’s proposed public benefits to
generally conform with the requirements of the Metro District Policy with one exception. The current
proposal for providing affordable housing would not meet the requirements of the Metro District Policy.
Furthermore, many elements of the proposed public benefits will require more analysis by staff to
confirm they meet the requirements of the Metro District Policy. Staff will provide a final assessment
and recommendation on the Strauss Lakes District upon formal submittal.
RESULT: WITHDRAWN
26. Consideration of a Motion to Approve the Finalists for City Manager. (Adopted)
The purpose of this item is to prepare a motion to be considered if Council is ready to name and
approve the finalists for City Manager who would then be invited to the next phase of the recruitment.
Mayor Pro Tem Francis thanked the applicants.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Ohlson, to invite the
following candidates to become finalists in the next stage of the recruitment process:
• Kelly DiMartino
• Tobin Follenweider
• Marianna Marysheva
• Jennifer Phillips
• Charles “Chip” Place
• Jim Thompson
Mayor Arndt thanked the applicants.
City of Fort Collins Page 17
RESULT: MOTION ADOPTED [6 TO 0]
MOVER: Emily Francis, District 6
SECONDER: Kelly Ohlson, District 5
AYES: Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
• OTHER BUSINESS
Councilmember Pignataro thanked the individuals who spoke during public comment and
requested and received Council support to direct staff to bring forward a Medicare for all resolution
at the next regular Council meeting. She asked if doing so would delay work on any of Council’s
stated priorities. Interim City Manager DiMartino replied she did not believe this would take much
additional staff time that would delay work on other Council priorities. She stated staff will
attempt to get the item on the March 1 agenda, but on the April 5 agenda at the latest.
Mayor Arndt noted this resolution would be a statement of support, not a legislative item.
Additionally, she requested and received Council support for a grey water ordinance. Interim City
Manager DiMartino noted this item is already being worked upon and asked if bringing forward
the ordinance in the third quarter as is currently scheduled is acceptable. Mayor Arndt replied in
the affirmative.
• ADJOURNMENT
The meeting adjourned at 9:45 PM.
______________________________
Mayor
ATTEST:
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City Clerk