HomeMy WebLinkAboutMINUTES-02/15/2022-RegularFebruary 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Review, has been withdrawn from the agenda.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and January 24, 2022 Adjourned Meeting, has been withdrawn for corrections.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 136
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 Grantfrom 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 137
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:
MOVER:
SECONDER:
AYES:
CONSENT CALENDAR ADOPTED [6 TO 0]
Emily Francis, District 6
Shirley Peel, District 4
Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
1. Second Reading of Ordinance No. 007. 2022. Appropriatina 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 Readinjg 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, appropriatea
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 Departments 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 138
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 Rules 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 139
8. First Reading of Ordinance No. 016. 2022. Appropriating Philanthropic Revenue Received
Through Citv 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 1K91 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 Readina of Ordinance No. 018. 2022. Amending the City of Fort Collins Land Use 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 Commercial 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, Section 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 oversight 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 Protect 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 conservation 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 140
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 - Proiect 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 Parkins 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 141
0
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 participation 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
1
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(0 of the Council's Rules of Meeting Procedures adopted in Resolution
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 142
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 3`d, 2022.
RESULT:
MOVER:
SECONDER:
AYES:
ORDINANCE NO. 011, 2022 POSTPONED TO MAY 3 [6 TO 01
Emily Francis, District 6
Susan Gutowsky, District 1
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 143
RESULT:
MOVER:
SECONDER:
AYES:
RESOLUTION 2022-023 ADOPTED [6 TO 0]
Emily Francis, District 6
Tricia Canonic°, District 3
Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
22. First Reading of Ordinance No. 019. 2022 Amending Article XIII. Chapter 12 of the Code of the
Citv of Fort Collins. Reaulating Disposable Bags and Mitigating Other Sources of Sinale 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:
MOVER:
SECONDER:
AYES:
ORDINANCE NO. 019, 2022 ADOPTED ON FIRST READING [6 TO 0]
Emily Francis, District 6
Susan Gutowsky, District 1
Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
City of Fort Collins Page 149
23. First Reading of Ordinance No. 020, 2022 Supportina 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, Amdt, 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 11, 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 11, 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 11, Division 2 of the Code
of the City of Fort Collins for the Purpose of Repealing the 2018 lntemational Existing Building
Code and Adopting the 2021 International Existing Building Code, with Amendments.
City of Fort Collins Page 145
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 lntemationa! Swimming Pool and
Spa Code and Adopting the 2021 International Swimming Pool and Spa Code, with Amendments.
F. Firs! Reading of Ordinance No. 026, 2022, Amending Chapter 5, Article !I, 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 Properly 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 lntemational Mechanical Code, with Amendments.
H. First Reading of Ordinance No. 028, 2022, Amending Chapter 5, Article 1V of the Code of the City
of Fort Collins for the Purpose of Repealing the 2018 International Fue! Gas Code and Adopting
the 2021 International Fue! 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 1-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 1-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 mpresent 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.
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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
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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 need 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 Attomey 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.
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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:
MOVER:
SECONDER:
AYES:
ORDINANCE NO. 021, 2022 ADOPTED ON FIRST READING [6 TO 0]
Emily Francis, District 6
Kelly Ohlson, District 5
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:
MOVER:
SECONDER:
AYES:
ORDINANCE NO. 022, 2022 ADOPTED ON FIRST READING [6 TO 0]
Emily Francis, District 6
Kelly Ohlson, District 5
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:
MOVER:
SECONDER:
l AYES:
ORDINANCE NO. 023, 2022 ADOPTED ON FIRST READING [6 TO 0]
Emily Francis, District 6
Kelly Ohlson, District 5
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:
MOVER:
SECONDER:
AYES:
ORDINANCE NO. 024, 2022 ADOPTED ON FIRST READING [6 TO 0]
Emily Francis, District 6
Susan Gutowsky, District 1
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.
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RESULT:
MOVER:
SECONDER:
AYES:
ORDINANCE NO. OM, 2022 ADOPTED ON FIRST READING [6 TO 0]
Emily Francis, District 6
Shirley Peel, District 4
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:
MOVER:
SECONDER:
AYES:
ORDINANCE NO. 026, 2022 ADOPTED ON FIRST READING [6 TO 0]
Emily Francis, District 6
Tricia Canonico, District 3
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:
MOVER:
SECONDER:
AYES:
ORDINANCE NO. 027, 2022 ADOPTED ON FIRST READING [6 TO 0]
Emily Francis, District 6
Tricia Canonico, District 3
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:
MOVER:
SECONDER:
AYES:
ORDINANCE NO. 028, 2022 ADOPTED ON FIRST READING [6 TO 0]
Emily Francis, Distract 6
Shirley Peel, District 4
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:
MOVER:
SECONDER:
AYES:
ADOPTED ON FIRST READING [6 TO 0]
Emily Francis, District 6
Susan Gutowsky, District 1
Francis, Arndt, Canonico. Peel, Ohlson, Gutowsky
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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. Staff 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 am provided.
Strauss Lakes is a proposed mixed -use development at the northeast comer 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 Citv 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.
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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.
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