HomeMy WebLinkAboutMINUTES-04/19/2022-RegularApril 19, 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, Gutciwsky
STAFF: DiMartino, Daggett, H011ingshead
• AGENDA REVIEW: CITY MANAGER
Interim City Manager DiMartino and Spanish interpreters outlined the interpretation instructions.
The video outlining public participation options was played.
Interim City Manager DiMartino stated Item No. 21, Resolution 2022-050 Authorizing the
Execution of an Intergovernmental Agreement Between the City of Fort Collins, the City of
Loveland, Larimer County, and the Larimer Emergency Telephone Authority Concerning GIS
Services, includes an amended resolution and an additional ordinance was added to the Electric
Utility Enterprise agenda.
• COMMUNITY REPORT: LINK NoCo - Northern Colorado Regional Transit Planning (Alex Gordon)
Dean Klinger, Deputy Planning, Development, and Transportation Director, introduced Alex
Gordon to discuss regional transit and the planning work being done by the North Front Range
Metropolitan Planning Organization.
Alex Gordon, North Front Range Metropolitan Planning Organization, stated the role of the MPO
is to lead the federal transportation process for the Fort Collins and Greeley urbanized areas and
the surrounding areas that are expected to urbanize within the next 20 years. He discussed the
LINK NoCo project's scope of work, phasing, funding, and outreach. He detailed the three
corridors that are the focus of the project: the Great Western between Fort Collins and Greeley,
US 34 between Loveland and Greeley, and Loveland to Windsor, and outlined the next steps for
the project.
• PUBLIC COMMENT ON ANY TOPIC OR ITEMS
Kelly Evans, Neighbor to Neighbor, discussed the Fair Housing Act which prohibited
discrimination concerning the sale, rental, and financing of housing to support housing equity. She
discussed the importance of stable housing and requested Council keep housing equity and access
under consideration with its decision making.
Adam Eggleston discussed the importance of stable housing and the role of the Fair Housing Act.
He suggested Land Use Code updates and modifying occupancy limits, setbacks, and zoning could
help allow for more diversity in housing types. He announced a fundraiser for Crossroads Safe
House.
Kristy Wygmans, Pour Brothers Community Tavern, thanked staff, Council, the DDA, Fort
Collins Chamber of Commerce, and County Commissioners, for listening to Linden Street small
business owners and helping to find solutions during the Linden Street closure for construction.
City of Fort Collins Page 185
Landon Hoover, Habitat for Humanity Board Chair, stated housing affordability has a significant
impact on the community from an environmental, social, and economic perspective. He stated the
arduous development review process and code requirements make it virtually impossible for
organizations such as Habitat for Humanity to deliver affordable housing on any significant scale.
Mark Hanson announced National Poetry Month and advocated for Fort Collins to begin a poet
laureate program.
Kristin Candella, Habitat for Humanity CEO, discussed Fair Housing Month and the importance
of housing affordability's environmental, social, and economic impacts. She discussed the Fair
Housing Act and the importance of supporting policies that support equity in housing for all
members of the community.
Kylie Hipschman, United Way of Larimer County, discussed the importance of affordable housing
in the community.
Krista Grossman, Habitat for Humanity Board Member, discussed her experience in receiving a
Habitat for Humanity home as a child and commented on the importance of affordable housing in
the community.
Rich Stave questioned whether the climate emergency is a proven emergency, asked how the
declaration of a climate emergency would affect budget and spending, and asked about the
transparency on the issue. Additionally, he asked if affected residents were included in the
conversation regarding Item No. 6, Second Reading of Ordinance No. 039, 2022, Amending
Chapter 10 of the Code of the City of Fort Collins Regarding Additions and Substantial
Improvements in FEMA-Designated Floodplains.
Heather Peterson asked about the funding of the installation of backflow preventers in mobile
home parks. She also noted utility bills greatly affect the affordability of housing in mobile home
parks.
Steve Kuehnemen, CARE Housing Executive Director, discussed the importance of homes for all
and stated increasing access to affordable housing options is the most cost-effective strategy for
reducing child poverty and increasing economic mobility.
Christine Ferguson, CARE Housing resident, discussed the benefits of having a stable, affordable
home.
• PUBLIC COMMENT FOLLOW-UP
Councilmember Pignataro thanked the speakers, particularly those from non -profits who spoke on
affordable housing. She supported the poet laureate idea offered by Mr. Hanson and commented
on the terminology shift from climate change to climate emergency.
Mayor Pro Tem Francis thanked the speakers and requested staff put Ms. Peterson in touch with
Neighborhood Services.
Mayor Arndt thanked the speakers and thanked Ms. Wygmans for her comments.
City of Fort Collins Page 186
• COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
Councilmember Ohlson withdrew Item Nos. 11, Items Related to Mobile Home Park Backflow
Preventer Project, and 18, First Reading of Ordinance No. 051, 2022, Authorizing the City
Manager and the Mayor to Enter into an Agreement Between the City of Fort Collins and the
Landowners' Association for Phantom Canyon Ranches Regarding the Halligan Water Supply
Project and to Execute Certain Conveyances Documents and an Agreement Attached Thereto,
from the Consent Agenda.
• CONSENT CALENDAR
Mayor Pro Tem Francis made a motion, seconded by Councilmember Pignataro, to adopt and
approve all items not withdrawn from the Consent Agenda.
RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
1. Consideration and Approval of the Minutes of the March 25, 26, and 29, 2022 Special Meetings.
(Adopted)
The purpose of this item is to approve the minutes of the March 25, 26, and 29, 2022 Special Meetings.
2. Second Reading of Ordinance No. 035.2022, Reappropriatinq Funds Previously Appropriated
in 2021 That Were Not Expended or Encumbered in 2021. (Adopted)
This Ordinance, unanimously adopted on First Reading on April 5, 2022, reappropriate monies in 2022
that were previously authorized by Council for expenditure in 2021 for various purposes. The
authorized expenditures were not spent or could not be encumbered in 2021 because:
• There was not sufficient time to complete bidding in 2021 and therefore, there was no known
vendor or binding contract as required to expend or encumber the monies; or
• The project for which the dollars were originally appropriated by Council could not be completed
during 2021 and reappropriation of those dollars is necessary for completion of the project in 2022.
Additionally, there may have been sufficient unspent dollars previously appropriated in 2021 to carry
on programs, services, and facility improvements in 2022 for those specific purposes.
In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual fund
balances at the end of 2021 and reflect no change in Council policies. Monies reappropriated for each
City fund by this Ordinance are as follows:
General Fund
756,031
Data & Communications Fund
106,500
Transportation Fund
52,825
Keep Fort Collins Great Fund
26,008
TOTAL
$941,364
City of Fort Collins •
Page 187
3. Second Reading of Ordinance No. 036, 2022. Appropriating Philanthropic Revenue Received
Through City Give for the Fort Collins Senior Center. (Adopted)
This Ordinance, unanimously adopted on First Reading on April 5, 2022, appropriates $50,672 in
philanthropic revenue received through City Give for the Senior Center, Recreation. The charitable
revenue is a distribution from an endowed fund held by the Community Foundation of Northern
Colorado for the sole benefit of the Senior Center, City of Fort Collins. The current value of the
endowment is $718,970. The fund's earnings are distributed at the City's request per the terms of the
fund's governance.
4. Items Relating to the Midtown Infrastructure Protects Thirty Percent Design Project. (Adopted)
A. Second Reading of Ordinance No. 037, 2022, Appropriating Prior Year Reserves and
Authorizing Transfers of Appropriations for the Midtown Infrastructure Projects Thirty Percent
Design Project and Related Art in Public Places.
B. Resolution 2022-053 Authorizing the Execution of an Intergovernmental Agreement Between
the City of Fort Collins, Colorado, and the Midtown Business Improvement District for the
Midtown Infrastructure Projects Thirty Percent Design Project.
This Ordinance, unanimously adopted on First Reading on April 5, 2022, appropriates $150,000 in
Transportation Capital Expansion Fee ("TCEF") reserves and $150,000 in General Fund reserves to
complete the thirty percent design threshold for the Midtown Infrastructure Projects, which are based
on the City's Midtown Plan and the Midtown in Motion plan. Staff proposes an Intergovernmental
Agreement ("IGA") with the Midtown Business Improvement District ("MBID") to complete the Midtown
Infrastructure Projects Thirty Percent Design Project (the "Project"). MBID already has allocated
$200,000 to spend toward the Project, but a total of $500,000 is required to meet the thirty percent
design threshold.
The Resolution presented to Council for approval authorizes the execution of an IGA with MBID for
the Project. Funds appropriated under this Ordinance will not be expended until such an agreement
is in place.
5. Second Reading of Ordinance No. 038. 2022. Appropriating Prior Year Reserves in the Sales
and Use Tax Fund for Transfer to the Natural Areas Fund and Appropriating Those Funds in
the Natural Areas Fund. (Adopted)
This Ordinance, unanimously adopted on First Reading on April 5, 2022, appropriates reserves in the
Sales and Use Tax Fund, transfer them to the Natural Areas Fund and appropriate those funds in the
Natural Areas Fund. These are funds due to the Natural Areas Fund through the 1/a cent Open Space
Yes! ballot measure.
6. Second Reading of Ordinance No. 039. 2022, Amending Chapter 10 of the Code of the City of
Fort Collins Regarding Additions and Substantial Improvements in FEMA-Designated
Floodplains. (Adopted)
This Ordinance, unanimously adopted on First Reading on April 5, 2022, proposes a regulatory change
to Chapter 10 of City Code to come into compliance with minimum regulations from the Federal
Emergency Management Agency (FEMA) regarding additions and substantial improvements in FEMA
floodplains.
Under the new provision, the applicant will have two choices when proposing to build an addition in a
FEMA floodplain:
1. Design and certify the addition as "structurally independent" and elevate the addition. The cost of
the addition will not be included in the calculation of substantial improvement.
City of Fort Collins Page 188
2. Include the addition in the calculation of substantial improvement. The addition will be required to
be elevated. If the value of improvements, including the cost of the addition, is more than 50% of
the value of the structure, then the existing structure will be considered substantially improved and
will need to be protected.
7. Second Reading of Ordinance No. 040, 2022, Authorizing the Conveyance to Larimer County
of a Conservation Easement and a Right of First Refusal on Property to be Acquired by the City
and the Existing Bobcat Ridge Natural Area as Part of the Bobcat Ridge Expansion
Conservation Proiect. (Adopted)
This Ordinance, unanimously adopted on First Reading on April 5, 2022, authorizes the conveyance
of a conservation easement on 3,280-acres to Larimer County encumbering the 675-acre property to
be acquired and the existing 2,605-acre Bobcat Ridge Natural Area.
8. Second Reading of Ordinance No. 041, 2022, Adopting a Development Agreement Extending
the Term of Vested Rights for the Mulberry & Greenfields Planned Unit Development Master
Plan. (Adopted)
This Ordinance, unanimously adopted on First Reading on April 5, 2022, considers the development
agreement regarding the Mulberry & Greenfields Planned Unit Development (PUD) Master Plan to
extend the term of vested rights from three years to fifteen years. If this item is pulled off the Consent
Calendar, the process for considering the Ordinance will be as follows:
• City Staff presentation
• Applicant presentation (suggested time: 10 minutes)
• Public comment
• Council deliberation
9. Second Reading of Ordinance No. 042, 2022, Authorizing the Execution of a First Amendment
to Site Lease with T-Mobile West, LLC (T-Mobile) at City Park North Ballfield. (Adopted)
This Ordinance, unanimously adopted on First Reading on April 5, 2022, authorizes the City Manager
to execute an amendment extending the existing T-Mobile cell site lease at the ball fields at City Park.
The amendment would extend the lease for an additional 5-year term from March 9, 2023, to March
8, 2028. T-Mobile has leased the site from the City since 2001 and the current lease term expires
March 8, 2023. Annual rent received by the City will increase from $20,736 to $24,000 for the first
year of the 5-year term with 3% increases every year afterwards.
10. First Reading of Ordinance No. 043, 2022, Making Supplemental Appropriations and
Authorizing Transfer of Appropriations from the Colorado Utility Data Accelerator Grant for the
Fort Collins Utilities MyData Customer Portal. (Adopted)
The purpose of this item is to appropriate $100,000 from the Colorado Energy Office awarded as a
Colorado Utility Data Accelerator Grant. The funds support the energy data disclosure requirements
under the State's "Energy Performance for Buildings" statute (HB21-1286; §25-7-142 (4)). The funding
will help Utilities streamline the process of sharing aggregated utility use data with building owners and
improve benchmark reporting.
The grant will be used to extend the scope of work with an existing vendor supporting the MyData
Utilities Customer data access portal through which building owners report building data required by
City Code. By extending functionality of that existing webservice for sharing Utilities customer usage
data with the EPA's ENERGY STAR ® Portfolio Manager ® tool, the MyData portal can be leveraged
to collect data required by both City Code and the Energy Performance for Buildings statute, reducing
the compliance effort for building owners.
City of Fort Collins Page 189
11. First Reading of Ordinance No. 045. 2022, Appropriating Prior Year Reserves in the Natural
Areas Fund for the Purpose of Land Conservation, Visitor Amenities, Restoration and Other
Related Natural Areas Stewardship Activities not included in the 2022 Adopted City Budget.
(Adopted)
The purpose of this item is to appropriate $10,167,000 in prior year reserves in the Natural Areas
Fund. These appropriations are for land conservation, visitor amenities and restoration of wildlife
habitat, as well as other Natural Areas Department stewardship activities to benefit the residents of
Fort Collins.
12. First Reading of Ordinance No. 046, 2022, Appropriating Prior Year Reserves in the General
Fund for Cultural Development and Programming Activities. Tourism Programming, and
Convention and Visitor Program Services. (Adopted)
The purpose of this item is to appropriate $292,114, of which $181,643 is proposed for Cultural
Development and Programming Activities (Fort Fund) and $110,471 is proposed for Tourism
Programming (Fort Fund) from a combination of Lodging Tax and Prior Year Reserves (unspent
appropriations) in the General Fund Lodging Tax Reserves.
Lodging taxes are annually collected by the City for Cultural Development and Tourism programming
activities. Anticipated revenue is projected through each Budgeting for Outcomes (BFO) cycle and
then adjusted annually as needed based on final actual collections. Due to continued recovery from
the pandemic, Lodging Tax revenues collected for 2021 came in $38,516 below projected collections.
13. First Reading of Ordinance No. 047, 2022, Appropriating Prior Year Reserves for the Post
Employment Health Plan as Provided in the Collective Bargaining Agreement with the Fraternal
Order of Police. (Adopted)
The purpose of this item is to appropriate General Fund reserves for City contributions to the 2022
City Post Employment Health Plan (PEHP) to be made to the accounts of members of the Collective
Bargaining Unit (CBU) of Fort Collins Police Services as agreed upon through the 2022-2024
Collective Bargaining Agreement (CBA) with the Northern Colorado Lodge #3 of the Fraternal Order
of Police ("FOP").
The CBA was approved by Council by Resolution 2021-114 on December 7, 2021. The CBA specifies
a matrix of one-time and "catch-up" City contributions to be made to CBU members' PEHP accounts
based upon their cumulative service in the CBU. A reminder of this pending appropriation was included
in Ordinance No. 015, 2022, the appropriation ordinance for CBU salary increases.
14_ First Reading of Ordinance No. 048, 2022, Authorizing the First Amendment to the Second
Amended and Restated Conservation Easement on the Williams Property. (Adopted)
The purpose of this item is to authorize the execution of an amendment to the Williams (formerly
Hazelhurst) Conservation Easement. The amendment will correct an error in the stated residential
building square footage, clarify language outlining structure parameters, correct the reference to
mineral rights ownership, enhance mineral extraction restrictions, and prohibit sodbusting.
15. First Reading of Ordinance No. 049.2022, Authorizing Conveyance of an Amended Agreement
for a Permanent Non -Exclusive Drainage Easement on Property Jointly Owned by the City of
Fort Collins and the City of Loveland at the Northern Colorado Regional Airport for the New
Veteran's Affairs Clinic. (Adopted)
The purpose of this item is to authorize an amended permanent non-exclusive drainage easement
over a portion of the Northern Colorado Regional Airport property owned jointly by the Cities of Fort
Collins and Loveland for the benefit of a new Veteran's Affairs (VA) clinic planned for constructed
adjacent to the East side of the Airport (the "VA Project") by Byrd Drive Development, LLC,
("Developer'). This amended easement will supersede the drainage easement for the VA Project
previously adopted by Council's by Ordinance No. 008, 2021 on January 19, 2021.
City of Fort Collins Page 190
16. First Reading of Ordinance No. 050, 2022, Approving an Estoppel Certificate that Modifies an
Existing Lease Between the Cities of Fort Collins and Loveland and Discovery Air, LLC, for
Property Located at the Northern Colorado Regional Airport. (Adopted)
This ordinance requests approval of an estoppel certificate requested by Discovery Air LLC
("Discovery Air") with respect to a fifty-year ground lease of Airport property (the "Lease") previously
approved by Council. The requested Estoppel Certificate contains provisions that effectively modify
the Lease and therefore requires Council approval.
An estoppel certificate is a legally -binding signed statement certifying for another's benefit — in this
case Discovery Air's lender - certain facts regarding the Lease as accurate and it will be enforced to
"estop" (or prevent) the Cities from asserting a different state of facts. An estoppel certificate is
customarily provided under long-term leases, is necessary to obtain financing and is called for by the
Discovery Air Lease.
17. Resolution 2022-044 Approving Fort Fund Grant Disbursements - Project Support. (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 category, based upon the recommendations of the Cultural Resources Board.
18. Items Relating to FLEX Route Regional Transit Services Intergovernmental Agreements.
(Adopted)
A. Resolution 2022-045 Authorizing the Execution of an Intergovernmental Agreement between the
City of Fort Collins, Colorado and the City of Loveland for FLEX Route Regional Transit Services.
B. Resolution 2022-046 Authorizing the Execution of an Intergovernmental Agreement between the
City of Fort Collins, Colorado and the Town of Berthoud for FLEX Route Regional Transit Services.
C. Resolution 2022-047 Authorizing the Execution of an Intergovernmental Agreement between the
City of Fort Collins, Colorado and the County of Boulder for FLEX Route Regional Transit
Services.
D. Resolution 2022-048 Authorizing the Execution of an Intergovernmental Agreement between the
City of Fort Collins, Colorado and the City of Boulder for FLEX Route Regional Transit Services.
E. Resolution 2022-049 Authorizing the Execution of an Intergovernmental Agreement between the
City of Fort Collins, Colorado and the City of Longmont for FLEX Route Regional Transit Services.
The purpose of these items is to authorize the Interim City Manager to sign separate Intergovernmental
Agreements ("IGAs") with the City of Loveland, the Town of Berthoud, the City of Boulder, the County
of Boulder, and the City of Longmont (collectively, the "FLEX Partners") by which the FLEX Partners
will contribute funds toward the operating cost of the FLEX Route Regional Transit Service bus route
to further the goals of regional connectivity through transit.
19. Resolution 2022-050 Authorizing the Execution of an Intergovernmental Agreement Between
the City of Fort Collins, the City of Loveland, Larimer County, and the Larimer Emergency
Telephone Authority Concerning GIS Services. (Adopted)
This item has been amended for minor wording edits in the Resolution.
The purpose of this item is to authorize the City to enter into an Intergovernmental Agreement (IGA)
with the City of Loveland, Larimer County, and the Larimer Emergency Telephone Authority (LETA)
concerning services of a GIS Analyst to be provided by Larimer Emergency Telephone Authority.
City of Fort Coffins Page 191
20. Resolution 2022-051 Adopting the City of Fort Collins 2022 Strategic Plan. (Adopted)
The purpose of this item is to formally adopt the 2022 Strategic Plan, consistent with Council feedback
presented at the February 22, 2022, Work Session. The adopted plan will guide the 2023 and 2024
Budgeting for Outcomes process.
21. Resolution 2022-052 Appointing Aryell Mattern to the Fort Collins Tourism Improvement Board.
(Adopted)
The purpose of this item is to appoint Aryell Mattern to the Tourism Improvement District Board of
Directors. The appointment of Aryell Mattern fills a vacancy left due to the resignation of Dragan
Andrej ic.
22. Resolution 2022-040 Ratifying the Appointment of Anuia Riles and Randvn Heisserer-Miller to
the Poudre River Library District Board of Trustees and Designating Janelle Branzington as an
Alternate. (Adopted)
The purpose of this item is to make appointments to the Poudre River Library District Board of
Trustees. Anuja Riles and Randyn Heisserer-Miller will be appointed to a first term, and designating
Jane Ile Branzington as an alternate should a vacancy occur on the Board prior to the next recruitment
process.
23. Resolution 2022-054 Making an Appointment to the Poudre Heritace Alliance Board. (Adopted)
The purpose of this item is to appoint a new City representative to the Poudre Heritage Alliance Board
to fill the vacancy created by Councilmember Pignataro's resignation from the Board.
• CONSENT CALENDAR FOLLOW-UP
Councilmember Gutowsky requested clarification regarding the estoppel certificate mentioned in
Item No. 17, First Reading of Ordinance No. 050, 2022, Approving an Estoppel Certificate that
Modifies an Existing Lease Between the Cities of Fort Collins and Loveland and Discovery Air,
LLC, for Property Located at the Northern Colorado Regional Airport. City Attorney Daggett
replied an estoppel certificate is essentially a representation by the City, along with the City of
Loveland, as parties to the status of the lease agreement. This certification will be provided to a
lender to aid Discovery Air, LLC in getting financing.
• STAFF REPORTS
A. Get FoCo: A Partnership with Code for America (staff: Nina Bodenhamer, Kevin Wilkins)
Nina Bodenhamer, City Give Director, discussed the goals of the one -stop digital platform for
applying for income -qualified benefits: to prioritize the residential experience, to align programs,
reduce barriers to income verification, and to create a friendly, respectful application and
enrollment process. She discussed the partnership with Code for America.
Tim Campbell presented the digital application called Get FoCo which will encompass all
discounted services offered by the City of Fort Collins for income -eligible residents. He noted the
application can be used from smart phones or computers.
Bodenhamer commended the technology behind the application and the program efficiency and
design. She stated the application has currently launched with applications for the grocery tax
rebate, digital access and equity, and recreation discount. She outlined the next steps to blend the
application with both the medical assistance program and IQAP in Utilities.
Councilmember Gutowsky commended the work on the application.
City of Fort Collins Pose 192
Mayor Pro Tem Francis also commended the work on the application. She asked how users can
interact with the application if they do not have an email address or income verification.
Bodenhamer replied Code for America has indicated the email address requirement has not been
proven to be a barrier. She also noted several non -profits work with individuals to register them
for Gmail accounts. She stated staff will follow-up with any issues related to the email
requirement. Regarding income verification, Bodenhamer stated several options are available,
including SNAP cards, income tax, proof of eligibility for free and reduced school Lunches, and
other existing income verification methods. She stated there has yet to be an instance wherein an
individual does not have access to proof of income verification.
Mayor Pro Tem Francis requested take rate data presentations moving forward.
Councilmember Pignataro commended the work on the application.
Mayor Arndt suggested a possible partnership with the school district and commended the work
on the innovative application.
• COUNCILMEMBER REPORTS
Councilmember Gutowsky reported on the Center for Family Outreach breakfast and on the
Project Homeless Connection event at the Aztlan Center.
Councilmember Canonico reported on testifying at the state capitol on the extended producer
responsibility bill which would create a non-profit organization to implement and manage a
statewide program that provides recycling services. She also reported on a Natural Areas drop -in
event at Twin Silo Park.
Councilmember Peel commended Chief Swoboda and Police Services for cutting edge work on
the vitals application. She announced an April 30 listening session.
• CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
24. Items Related to Mobile Home Park Backflow Preventer Proiect. (Adopted on First Reading)
A. First Reading of Ordinance No. 044, 2022, Making a Supplemental Appropriation of Larimer
County Fiscal Recovery Funds to the City to Support the Mobile Home Park Backflow
Preventer Project.
B. Resolution 2022-043 Authorizing the Execution of an Intergovernmental Agreement with
Larimer County Regarding the Mobile Home Park Backflow Preventer Project.
The purposes of these items are to approve contract execution and appropriation of Larimer
County ARPA funding of $132,500 awarded to the City's Neighborhood Services department
for mobile home park backflow preventer purchase and installation to improve community
water quality and avoid infrastructure costs from being charged to mobile home park residents.
Councilmember Ohlson stated he would be supporting this item; however, he expressed concern
mobile home park owners who should be taking care of these issues, some of which are
corporations, would pass costs on to economically vulnerable residents. He requested additional
information regarding the plan to help mobile home park residents in Fort Collins. He stated he
would like to work to empower mobile home park residents and ensure regulations are in place to
protect their interests. J.C. Ward, Neighborhood Services Mobile Home Park Residents' Rights
City of Fort Collins Page 193
Team, stated it has been the experience in the past that some of these types of costs get passed on
to residents. She outlined the proposed use of these funds and stated she would provide a memo
offering more details.
Mayor Pro Tem Francis noted mobile home parks involve a system built on inequality where
residents have little control or power over their housing situation. She noted there is proposed
state legislation that could help with some of the issues.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 044, 2022, on First Reading.
RESULT:
MOVER:
SECONDER:
AYES:
Mayor Pro Tem
2022-043.
RESULT:
MOVER:
SECONDER:
AYES:
ORDINANCE NO. 044, 2022 ADOPTED ON FIRST READING [UNANIMOUS]
Emily Francis, District 6
Susan Gutowsky, District 1
Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
Francis made a motion, seconded by Councilmember Peel, to adopt Resolution
RESOLUTION 2022-043 ADOPTED ON FIRST READING [UNANIMOUS]
Emily Francis, District 6
Shirley Peel, District 4
Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
25. First Reading of Ordinance No. 051, 2022. Authorizing the City Manager and the Mayor to Enter
into an Agreement Between the City of Fort Collins and the Landowners' Association for
Phantom Canyon Ranches Regarding the Halligan Water Supply Project and to Execute Certain
Conveyances Documents and an Agreement Attached Thereto. (Adopted on First Reading)
The purpose of this item is to seek Council approval of a proposed agreement ("Proposed Agreement')
between the City and the Landowners' Association for Phantom Canyon Ranches ("Association")
regarding certain aspects of the City's Halligan Water Supply Project ("Halligan Project'). The
Association owns certain real property adjacent to Halligan Reservoir (which the City intends to
enlarge) and along the North Fork of the Poudre River ("North Fork'). Since late 2018, City
representatives have collaborated with the Association to obtain property rights necessary for the
Halligan Project and to address concerns raised by the Association, culminating in the Proposed
Agreement.
Under the Proposed Agreement:
• The Association would:
o convey the City a river access easement along the North Fork for Phase 1 (Permitting and
Design) of the Halligan Project;
o convey the City small parcels around Halligan dam needed for construction; and
O resolve outstanding claims under historical agreements.
• The City would:
0 grant the Association options to acquire: 121 acres below the Halligan Reservoir dam
("Halligan Dam") that would be subject to restrictive covenants; easements along the reservoir
and North Fork; and
n modify an existing lease allowing the Association to use the surface of the reservoir until
construction.
City of Fort Collins Page 194
Both parties also agree to work collaboratively on access for Phases 2 (Construction) and 3
(Operation and Maintenance). City staff analyses indicate that the Proposed Agreement is cost
neutral and beneficial to the City and the Halligan Project.
Councilmember Ohlson commended the high quality of work on this complicated project and
commended the presentation of the materials. He asked how the appraiser was selected and by
whom. Theresa Connor, Water Utilities, replied the work was done by Tawnya Ernst and Eric
Potyondy.
Tawnya Ernst, Real Estate Specialist, stated the values in the proposed property exchange are
negotiated based on waiver valuations and appraisals of other properties in the vicinity that were
conducted by John Vaughn at CBRE. She noted the approach is consistent with past practices.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Canonico, to adopt
Ordinance No. 051, 2022, on First Reading.
RESULT: ORDINANCE NO. 051, 2022 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
• DISCUSSION ITEMS
No Discussion Items Scheduled.
• OTHER BUSINESS
A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers.
(Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate
and move forward with development and preparation of resolutions and ordinances not originating
from the Council's Policy Agenda or initiated by staff.)
B. Motion to adiourn this meeting until after the completion of Electric Utility Enterprise Board business:
Mayor Pro Tem Francis made a motion, seconded by Councilmember Gutowsky, that
Council adjourn this meeting until after the completion of the Electric Utility Enterprise
Board business.
(Secretary's Note: The Council reconvened at 7:49 PM with all Councilmembers present.)
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Susan Gutowsky, District 1
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
C. Consideration of a motion to go into executive session to discuss legal issues as follows:
Mayor Pro Tem Francis made a motion, seconded by Councilmember Gutowsky, that the
City Council go into executive session for the purpose of discussing with the City's attorneys
and appropriate management staff:
• specific legal questions pertaining to potential litigation regarding
enforcement in response to repeated complaints and perceived nuisances
in residential neighborhoods, and the manner in which the particular
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policies, practices or regulations of the City related to how enforcement in
response to repeated complaints and perceived nuisances in residential
neighborhoods may be affected by existing or proposed provisions of
federal, state or local law,
• pursuant to:
• City Charter Article Roman Numeral Two, Section 11(2),
• City Code Section 2-31(a)(2) and
• Colorado Revised Statutes Section 24-6-402(4)(b).
RESULT:
MOVER:
SECONDER:
AYES:
MOTION ADOPTED [UNANIMOUS]
Emily Francis, District 6
Susan Gutowsky, District 1
Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
D. Consideration of a motion to go into executive session:
Mayor Pro Tem Francis made a motion, seconded by Councilmember Gutowsky, 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 discussing and conducting an interim
performance review for the Interim City Manager.
RESULT:
MOVER:
SECONDER:
AYES:
MOTION ADOPTED [UNANIMOUS]
Emily Francis, District 6
Susan Gutowsky, District 1
Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
• ADJOURNMENT
The meeting adjourned at 10:30 PM.
ATTEST:
City Clerk
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