HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/07/2022 - CONSIDERATION AND APPROVAL OF THE MINUTES OF THE M Agenda Item 1
Item # 1 Page 1
AGENDA ITEM SUMMARY June 7, 2022
City Council
STAFF
Anissa Hollingshead, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the May 3, 2022 and May 17, 2022 Regular Meetings.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes of the May 3, 2022 and the May 17, 2022 Regular
meetings.
ATTACHMENTS
1. May 3, 2022 (PDF)
2. May 17, 2022 (PDF)
City of Fort Collins Page 197
May 3, 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 (remote), Canonico, Peel, Ohlson, Gutowsky
STAFF: DiMartino, Daggett, Hollingshead
(Secretary’s Note: Mayor Arndt participated remotely under the provisions of Ordinance No. 079, 2020
which remains in effect.)
• AGENDA REVIEW: CITY MANAGER
Interim City Manager DiMartino and Spanish interpreters outlined the interpretation options.
The video outlining public participation options was played.
Interim City Manager DiMartino stated there were no changes to the published agenda; however,
given the memo provided regarding Item No 12, First Reading of Ordinance No. 053, 2022,
Amending Certain Sections of Chapter 25 of the Code of the City of Fort Collins Relating to the
Imposition, Collection, and Enforcement of the City’s Sales and Use Tax, and subsequent Council
questions, she recommended pulling the item to the Discussion Agenda. Additionally, she noted
Item No. 18, 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, was approved on First Reading; however, staff
is recommending postponing the item indefinitely as the property owners have withdrawn their
consent and the process to address a consensual designation is no longer applicable.
• PUBLIC COMMENT ON ANY TOPIC OR ITEMS
G. Inguanta commented on previously being employed as a social worker at Fossil Ridge High
School and on subsequently resigning due to gaps in what the school district can provide in terms
of mental health resources for students and expressed concern about the reliance on school resource
officers in mental health crisis situations.
Eric Sutherland stated the Sustainability Services Department has failed to properly address the
climate emergency. He also suggested the City form a citizens’ committee regarding Connexion.
Helen Migchelbrink, Mead City Manager and former Fort Collins City Engineer, discussed issues
she has encountered getting Connexion service. She stated the transparency around the topic needs
to be increased and also encouraged support for a citizens’ committee to continue improving
customer experiences.
Clint Anders expressed disappointment staff did not put more effort into updating the shed design
guidelines as part of the recent Building Code updates and local amendments. He stated the updates
should have included changes to help make sheds safer, more sustainable, and more useful.
Martha Roden commented on an article from Ashland, Wisconsin indicating the city has
encouraged residents not to mow yards in May to help feed early season pollinators. She
encouraged Council to institute “no mow May” in Fort Colllins.
City of Fort Collins Page 198
Dylan Lindsey discussed his experience in serving on the Youth Advisory Board and thanked the
City for providing the opportunity for youth to get involved in local politics.
• PUBLIC COMMENT FOLLOW-UP
Councilmember Peel thanked Mr. Lindsey for his service on the Youth Advisory Board. She asked
about the shed design guidelines mentioned by Mr. Anders. Caryn Champine, Planning,
Development, and Transportation Director, replied she would like to connect Mr. Anders with the
City’s Chief Building Official, Marcus Coldiron, to determine which issues fall under the Building
Code and which fall under the Land Use Code.
Councilmember Peel expressed support for the formation of a citizens’ committee for Connexion.
Councilmember Pignataro thanked Ms. Roden for her comments and expressed support for the
possibility of “no mow May.” She disagreed with Mr. Sutherland regarding the work of
Sustainability Services and requested additional information on the role of the department. Interim
City Manager DiMartino stated Sustainability Services provides an integrated approach to
environmental services, economic health, and social sustainability. Councilmember Pignataro
requested a staff report providing additional detail on the role of the department at a future meeting.
Councilmember Pignataro thanked G for commenting. She asked if there are citizens’ committees
for utilities other than Connexion. Interim City Manager DiMartino replied there is an Energy
Board and Water Commission. he stated there have been some opportunities for citizen
engagement around Connexion and commented on the nuances of a citizen committee regarding
the competitive nature of the utility.
Councilmember Pignataro asked about the process that occurs when there are complaints around
Connexion. Interim City Manager DiMartino replied there is a process for processing and
reviewing complaints.
Mayor Arndt thanked Mr. Lindsey for his service on the Youth Advisory Board and thanked Ms.
Roden for her suggestion about “no mow May.” She also thanked G for commenting.
Councilmember Ohlson suggested looking at providing an optional “no mow May” in the future,
particularly from an enforcement perspective. He stated there is no reason to fear an advisory
committee, with a sunset, for Connexion, to help build confidence in the transparency of the utility.
Councilmember Canonico thanked Ms. Roden for her “no mow May” suggestion and thanked Mr.
Lindsey for his service on the Youth Advisory Board.
Councilmember Gutowsky also thanked Ms. Roden for her suggestion.
Mayor Pro Tem Francis requested a follow-up memo regarding Mr. Anders’ comments. She also
suggested scheduling a work session regarding Connexion.
• CONSENT CALENDAR
Councilmember Pignataro made a motion, seconded by Councilmember Peel, to adopt and
approve items 1 – 11 and 13 – 17 on the Consent Agenda.
City of Fort Collins Page 199
RESULT: CONSENT AGENDA ADOPTED [UNANIMOUS]
MOVER: Julie Pignataro, District 2
SECONDER: Shirley Peel, District 4
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
1. Consideration and Approval of the Minutes of the April 5, 2022 and April 19, 2022 Regular
Meetings. (Adopted)
The purpose of this item is to approve the minutes of the April 5, 2022 and April 19, 2022 Regular
meetings.
2. Second 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 on Second Reading)
This Ordinance, unanimously adopted on First Reading on April 19, 2022, appropriates $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 supporti ng 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.
3. Second 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. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on April 19, 2022, approves contra ct 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 c osts from being charged to mobile home park
residents.
4. Second 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 on Second Reading)
This Ordinance, unanimously adopted on First Reading on April 19, 2022, appropriates $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.
5. Second 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 on Second Reading)
This Ordinance, unanimously adopted on First Reading on April 19, 2022, appropriates $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.
City of Fort Collins Page 200
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 col lections.
6. Second 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 on Second Reading)
This Ordinance, unanimously adopted on First Reading on April 19, 2022, appropriates 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.
7. Second Reading of Ordinance No. 048, 2022, Authorizing the First Amendment to the Second
Amended and Restated Conservation Easement on the Williams Property. (Adopted on Second
Reading)
This Ordinance, unanimously adopted on First Reading on April 19, 2022, authorizes 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.
8. Second 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 on Second Reading)
This Ordinance, unanimously adopted on First Reading on April 19, 2022, authorizes 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.
9. Second 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 on Second Reading)
This Ordinance, unanimously adopted on First Reading on April 19, 2022, 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.
City of Fort Collins Page 201
10. Second 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
Conveyance Documents and an Agreement Attached Thereto. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on April 19, 2022, requests 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 As sociation 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 a long 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:
o 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
o modify an existing lease allowing the Association to use the surface of the reservoir until
construction.
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.
11. First Reading of Ordinance No. 052, 2022, Making a Supplemental Appropriation of the Poudre
River Native Fish Project Grant in the Natural Areas Fund. (Adopted on First Reading)
The purpose of this item is to request an appropriation of grant funds from Colorado Parks and Wildlife
to the Natural Areas Department to complete a river habitat improvement project for native fish on the
Cache la Poudre River. The grant funds will be used to create refuge pools in a side cha nnel of the
Cache la Poudre River for the rare, native plains topminnow and orange -spotted sunfish. The project
is a value-added element to the City’s instream water right project underway at the CSU Environmental
Learning Center (BFO 1.62, 9.16, 12.23). F lows for the refuge pools will be supplied by the instream
water right.
12. First Reading of Ordinance No. 054, 2022, Approving the Vacation and Rededication of Four
Permanent Utility Easements Located on Lots 2 and 3 of the Lakeview on the Rise Subdivisio n.
(Adopted on First Reading)
The purpose of this item is to approve an Ordinance that would vacate and accept rededication of four
permanent utility easements at the Lakeview on the Rise Subdivision. The four original easements
(the “Original Easements”) were dedicated to the City prior to the initial construction and installation
of the equipment and fixtures providing said utilities (the “Utility Equipment”). After construction was
completed, the property owner determined that the Utility Equipment was not situated entirely within
the boundaries of the Original Easements. To remedy this situation, staff recommends that the City
vacate the Original Easements and accept a new Deed of Dedication of Easement (the “New
Easement Deed”) in favor of the City providing for four permanent utility easements that correctly
describe the location of the Utility Equipment (the “New Easements”).
City of Fort Collins Page 202
13. First Reading of Ordinance No. 053, 2022, Amending Certain Sections of Chapter 25 of the Code
of the City of Fort Collins Relating to the Imposition, Collection, and Enforcement of the City’s
Sales and Use Tax.
THIS ITEM WAS PULLED FROM CONSENT TO ALLOW FOR DISCUSSION.
14. First Reading of Ordinance No. 055, 2022, Authorizing an Extension of the Temporary
Exception to the Land Use Code to Allow T-Mobile to Place a Temporary Wireless
Telecommunications Facility at 1800 East Harmony Road to Replace Lost Wireless Service
Coverage. (Adopted on First Reading)
The purpose of this item is to extend the authorization originally granted with Ordinance No. 167, 2021,
for a temporary wireless telecommunication facility known as a cell-on-wheels (COW), operated by T-
Mobile, currently located at 1800 East Harmony. The current temporary authorization is set to expire
on June 7, 2022. This temporary facility is in place to address a critical loss in T-Mobile's existing
cellular coverage in south Fort Collins caused by T-Mobile’s removal of wireless equipment from Platte
River Power Authority (“PRPA”) infrastructure, to be used only until a permanent facility (pro posed at
4518 Innovation Drive) is fully constructed and operational no later than December 1, 2022.
15. First Reading of Ordinance No. 056, 2022, Calling a Special Municipal Election to be Held in
Conjunction with the November 8, 2022 Larimer County Gener al Election. (Adopted on First
Reading)
The purpose of this item is to call a Special Municipal Election to be held in conjunction with the
November 8, 2022, Larimer County General election, preserving the opportunity for Council to place
Council-initiated or citizen-initiated questions on the November ballot. If Council decides to place any
questions on the ballot, it would need to accomplish this by no later than its September 6 meeting. If
Council does not take action by ordinance or resolution before the statutory deadline (September 9)
to certify ballot language to Larimer County, the election will be cancelled, and the provisions of this
Ordinance will be of no further force and effect.
This Ordinance does not submit any specific question(s) to the November 8 ballot. Adoption of it is,
however, a required first step in preserving the option for Council to submit any questions that Council
may desire at the November 8, 2022, General Election.
16. Resolution 2022-055 Authorizing the Execution of an Intergovernmental Agreement Regarding
Regional Opioid Settlement Implementation and Designating a City Representative to the
Larimer Regional Council. (Adopted)
The purpose of this item is to approve and authorize execution of an Intergovernmental Agreement
with Larimer County, the City of Loveland and the Town of Wellington, establishing a regional
governing body to oversee funding received from the national settlements reached with opioid
distributors and manufacturers.
17. Resolution 2022-056 Confirming and Approving the Appointment of Andy Smit h for a Second
Term to the Board of Commissioners of the Fort Collins Urban Renewal Authority. (Adopted)
The purpose of this item is to confirm Mayor Jeni Arndt’s appointment of Andy Smith to a second four -
year term to serve as a commissioner on the Fort C ollins Urban Renewal Authority Board of
Commissioners. This new term would begin on May 25, 2022, and end on May 25, 2026.
• COUNCILMEMBER REPORTS
Councilmember Peel reported on attending the Habitat for Humanity grand reopening. She also
reported on community conversations with the Chamber of Commerce at Horse and Dragon and
on attending the Chamber of Commerce celebration.
City of Fort Collins Page 203
Councilmember Canonico reported on attending the Arbor Day celebration at Zach Elementary
School and on talking with students there about local government. She also reported on judging
at CSU’s Hydrology Days Student Showcase.
Councilmember Gutowsky reported on touring the Rocky Mountain Raptor Program facility and
attending the Chamber of Commerce celebration. She also reported on the Behavioral Health
Policy Council receiving an update on the new behavioral health facility at its recent meeting. She
commented on the Northern Colorado Vet Resource Center and reported on a visit to the Soapstone
Prairie Natural Area.
Councilmember Ohlson reported on attending the Habitat for Humanity reopening, which includes
a new pollinator garden, and May Day festivities at Edora Park.
Mayor Pro Tem Francis reported on attending the unveiling of new electric buses as part of the
Transfort fleet.
Interim City Manager DiMartino noted both of the City’s free mulch days have been cancelled at
this point due to a fire.
• CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
13. First Reading of Ordinance No. 053, 2022, Amending Certain Sections of Chapter 25 of the Code
of the City of Fort Collins Relating to the Imposition, Collection, and Enforcement of the City’s
Sales and Use Tax. (Adopted as Amended on First Reading)
The purpose of this item is to amend Chapter 25 of the City Code concerning sales and use tax. The
updates include revisions to the Grocery Tax Rebate Program to provide greater administrative
flexibility to staff to aid in alignment with the ongoing City -wide initiative to broaden access to City
income-qualified programs. Other updates include, but are not limited to, clarifying definitions for the
Manufacturing Use Tax Rebate Program, increasing the dollar threshold that determines when written
agreements for tax settlements are required, creating an exemption from sales tax for the recently
adopted disposable bag fee, and removing the tax exemption for cigarettes.
Travis Storin, Chief Financial Officer, stated the newly prepared materials provided to Council are
intended to address the nature of Council’s inquiries.
Jennifer Poznanovic, Sales Tax Manager, discussed the history of the grocery tax rebate program,
which was established in 1972. She outlined the proposed updates to the program which would
reduce application barriers in a commitment to increase participation in the program, expand the
window of service from a seasonal program to an annual program, to remove the income
verification through federal income tax returns and align eligibility with other income-qualified
programs across the city by taking the AMI from 50% to 30%, and to add a legacy clause for
previous applicants who fall within the 30-50% range to still qualify for the program moving
forward. She discussed the rationale for the proposed updates and noted the staff goal is to create
a simple, universal application for income-qualified programs.
Eric Sutherland questioned whether other governmental entities are charging sales tax on the Fort
Collins bag fee. He also questioned whether income-qualified consumers who do not live within
city limits or the GMA are eligible for the tax rebate. He stated most Coloradoans do not pay sales
tax on food.
Councilmember Ohlson requested additional information regarding the definition change for the
manufacturing equipment sales tax rebate. Poznanovic replied the goal was to provide more clarity
City of Fort Collins Page 204
in the definition as it is currently laid out in the manufacturing use tax rebate guide and within the
Code. Storin noted the manufacturing use tax rebate program is going through a de facto sunset, a
result of the Wayfair supreme court case ruling.
Councilmember Ohlson stated he would like to know the financial implications, starting with the
Finance Committee, to keep the AMI at 50% rather than 30% for all income-qualified programs.
He also requested a memo regarding how lower-income younger people are being assisted to
participate in sports or other activities that are not City run. Storin replied he is responsible for not
bringing this item to the Finance Committee and stated he would bring forth information regarding
the cost of bringing this and other income-qualified programs to the 50% AMI level. He stated
the 30% number is being recommended for user-friendliness and trade-offs related to enhancing
participation. Nina Bodenhamer, City Give Program Director, stated the challenge between 30
and 50% AMI is related to income verification as the only tool available at the 50% AMI is the
income tax return and those programs that associate with income tax statements tend to eliminate
potential applicants. She stated programs associating verification to known federal, state, or local
programs that already have established income verification are more successful.
Councilmember Ohlson requested staff provide data related to the cost of programs at the two AMI
levels prior to Second Reading, or have the item put on hold to garner that information. He
suggested it could be optional for the 50% AMI population to provide the tax information should
individuals want to apply for programs.
Mayor Arndt asked if applications are available in both Spanish and English. Staff replied in the
affirmative.
Mayor Arndt asked how rebates are received. Poznanovic replied individuals receive checks
annually that are based on an average which increases incrementally every year. Bodenhamer
noted individuals must live within the GMA to receive the rebate from the City, which is based on
the number of individuals in the household.
Mayor Arndt asked how the City goes about reaching the residents who qualify. Bodenhamer
replied the City’s ability to reach and expand audiences is tied to the new app, Get FoCo, which
aims to provide ease in application.
Mayor Arndt asked how seniors are assisted. Bodenhamer replied Poznanovic’s team will continue
to offer office hours to assist residents in completing the application on the app. Additionally,
iPads will be utilized for community outreach events to assist individuals in applying.
Mayor Pro Tem Francis asked if it would be possible to keep the application process for the app
at 30% AMI while still allowing those up to 50% AMI to apply with the proper tax credentials.
Bodenhamer replied that is technically possible; however, best practices have shown more nuances
and pathways tend to increase barriers. She noted there is a legacy opportunity for those households
that fall between the 30 and 50% AMI. She also commented on it being easier to attract family
households if a bundled benefit is offered. She stated it is critical to look at a stratification of
benefits.
Mayor Pro Tem Francis asked if Council would be able to update the Code requirements to change
the AMI and income verification documentation requirements. Storin replied in the affirmative;
however, Bodenhamer noted income tax verification is currently the only way to verify at the 50%
level.
City of Fort Collins Page 205
Councilmember Ohlson suggested the item be tabled to garner a bit more information from staff.
Interim City Manager DiMartino noted the disposable bag fee exemption is also part of this item
and staff would like to clarify that issue. She also suggested the possibility of leaving the number
at 50% for First Reading and returning with other options for Second Reading. City Attorney
Daggett noted the 50% to 30% change only falls in one section of the Ordinance and the remainder
would be able to stand on its own.
Councilmember Canonico asked if there is a means by which an individual who receives a rebate
by check can cash the check if they do not have a bank account. Storin replied there have been
challenges with that issue and the use of prepaid credit cards has been considered. City Attorney
Daggett noted the Ordinance has room to leave the method of payment up to the Financial Officer
in terms of how the program is administered; therefore, alternative ways to pay the rebate could
be explored with the existing language.
Councilmember Pignataro made a motion, seconded by Councilmember Canonico, to adopt
Ordinance No. 053, 2022, on First Reading, as amended with Section 25-49 modified to retain the
50% threshold for eligibility with corresponding edits and with edits to clarify in the definition of
household that unrelated persons who reside at the same physical address and are financially
independent of each other may individually apply and may each qualify as a household.
RESULT: ORDINANCE NO. 053, 2022 ADOPTED AS AMENDED ON FIRST READING
[UNANIMOUS]
MOVER: Julie Pignataro, District 2
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
(Secretary’s Note: The Council took a brief recess at this point in the meeting.)
• DISCUSSION ITEMS
18. 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 Indefinitely)
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 originally was to request City landmark designation for the proper ty at 1433
South Overland Trail. However, since the time of the First Reading of Ordinance No. 11, 2022, the
owners of the Property have notified staff that they no longer have consensus regarding support for
the designation of the Property as a Landmark and have requested their application for designation
be postponed.
In cooperation with the property owner (which has since been withdrawn), the Ponds at Overland Trail
HOA, staff and the Historic Preservation Commission (the “Commission”) had determined the property
to be eligible for designation under Standards 2, Persons/Groups for association with Paul & 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 originally requested designation to provide
protection of the property's exterior and immediate grounds, and access to financial incentives for
preservation. The Owners have now withdrawn their consent and the process for a consensual
designation is no longer applicable.
City of Fort Collins Page 206
Councilmember Pignataro made a motion, seconded by Councilmember Canonico, to postpone
Ordinance No. 011, 2022 indefinitely.
RESULT: POSTPONED INDEFINITELY [UNANIMOUS]
MOVER: Julie Pignataro, District 2
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
19. First Reading of Ordinance No. 057, 2022, Appropriating Prior Year Reserves in the General
Fund to Provide Cost-Sharing Related to Electric Vehicle Charging Infrastructure at Affordable
Housing Developments. (Adopted on First Reading)
The purpose of this item is to request an off-cycle appropriation from General Fund Reserves in the
amount of $238,000 to provide cost-sharing related to Electric Vehicle (EV) charging infrastructure
required at Affordable Housing (AH) developments in 2022. Staff estimates that 237 affordable homes
currently in the City’s development review process may apply for building permits during 2022.
Meaghan Overton, Housing Manager, stated this item would appropriate $238,000 in General
Fund reserves to support cost sharing for electric vehicle infrastructure at affordable housing
developments. She outlined the types of infrastructure that are options for various levels of EV
readiness and noted Council adopted an option that requires 20% EV capable, 15% EV ready, and
1 installed EV charger at affordable housing developments. She stated this appropriation would
cover the incremental cost difference between the current requirement from the Colorado Housing
Finance Authority and the Council-adopted option.
Overton summarized by stating staff will proceed with development of an application and
administration process for the EV infrastructure credit should Council approve this appropriation.
She noted 2022 would be a pilot year of sorts for the program to ensure the program is working as
intended. Staff would then request a budget offer for the upcoming budget cycle to provide
continued funding for EV cost sharing.
Eric Sutherland discussed the City’s history with enacting regulatory actions and requirements,
including the requirement that all multiple dwelling units constructed in the city have adequat e
bicycle parking, which he stated has not occurred for some developments.
Mayor Pro Tem Francis clarified this appropriation ordinance applies to deed-restricted affordable
housing and not multi-family dwelling units in general.
Councilmember Ohlson asked about the source of the cost estimates provided. John Phelan,
Energy Service Manager, replied these are the same estimates presented at the March 8 work
session and they come from a number of sources, including the estimates provided by local private
sector affordable housing partners. The range has been provided as there can be a great deal of
variability from project to project and the higher numbers were used to ensure the appropriation
request was enough.
Councilmember Ohlson asked what party will oversee to ensure costs are accurately reported by
the contractors. Overton replied the initial year will be used to collect actual cost data alongside
administering a credit program. She stated this program has been designed to not require
developers to provide exact costs, but to have this function more as a subsidy for affordable
housing.
City of Fort Collins Page 207
Councilmember Ohlson expressed concern validation of labor and materials costs is not a
requirement given use of public dollars in affordable housing projects. Overton replied there is a
level of oversight in the overall costs of a program; however, funding assistance is provided for
the project overall, not for specific pieces of a project. She cited the example of the competitive
process for CDBG funds.
Councilmember Ohlson requested the formation of some type of process to ensure the proper costs
of the infrastructure are what is being charged. He also requested refinements be made prior to the
next round of Building Code amendments to ensure that redevelopment projects are not able to
skirt Building Code requirements based on the scale of work.
Councilmember Canonico thanked staff for the formation of this program.
Councilmember Peel questioned how much demand there will be for EV charging stations in the
affordable housing sector. Phelan replied EV purchasing has generally been done by wealthier
people, and the selection of vehicles has been more expensive; however, that is changing gradually.
He stated affordable housing residents typically own vehicles and they will likely become
electrified over time. He stated putting the infrastructure in place for those vehicles now is much
more cost effective than retrofitting the site later.
Councilmember Peel stated she would not support this item as her preference would be to revisit
the Building Code amendments to enact a different requirement for affordable housing
developments.
Mayor Pro Tem Francis thanked staff for their work on this item and commended the developed
solution.
Councilmember Pignataro made a motion, seconded by Councilmember Canonico, to adopt
Ordinance No. 057, 2022, on First Reading.
RESULT: ORDINANCE NO. 057, 2022 ADOPTED ON FIRST READING [6 TO 1]
MOVER: Julie Pignataro, District 2
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Francis, Arndt, Canonico, Ohlson, Gutowsky
NAYS: Peel
• OTHER BUSINESS
Mayor Pro Tem Francis stated Council needs to provide direction to staff related to returning to
in-person work sessions. She stated the initial plan is to have the first hybrid work session on June
14. Interim City Manager DiMartino stated a hybrid option for work sessions would likely mean
holding those meetings in the 222 Colorado Room as it has the necessary updated technology.
Councilmember Pignataro stated the current U-shaped table arrangement used for work sessions
is not the most collaborative and suggested staff explore some options. Interim City Manager
DiMartino replied staff could at least develop a temporary solution.
Councilmember Canonico reiterated her support for “no mow May” and requested and received
Council support for examining a voluntary program. Interim City Manager DiMartino stated staff
would provide information regarding where that type of program works well from a climate
City of Fort Collins Page 208
perspective and suggested individuals could register with Code enforcement to participate in “no
mow May” as a possibility.
Motion to adjourn this meeting until after the completion of Electric Utility Enterprise Board business:
Councilmember Pignataro made a motion, seconded by Councilmember Canonico, that Council
adjourn this meeting until after the completion of the Electric Utility Enterprise Board business.
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Julie Pignataro, District 2
SECONDER: Tricia Canonico, District 3
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
• ADJOURNMENT
The meeting adjourned at 8:32 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 209
May 17, 2022
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
• ROLL CALL
PRESENT: Francis, Arndt, Peel, Ohlson, Gutowsky
ABSENT: Pignataro (Excused), Canonico (Excused)
STAFF: DiMartino, Daggett, Hollingshead
• AGENDA REVIEW: CITY MANAGER
The Spanish interpretation options for the meeting were outlined and the video outlining public
participation options was played.
Interim City Manager DiMartino stated the agenda was amended to include a Community Report
from Poudre Fire Authority and to make some formatting changes to Ordinance No. 060, 2022, as
part of Item No. 8, Items Relating to the 2021 International Fire Code.
• COMMUNITY REPORT: Poudre Fire Authority Annual Report.
Chief Derek Bergsten introduced the Poudre Fire Authority District Board Members and staff. He
discussed Poudre Fire Authority (PFA) as an entity and discussed the intergovernmental agreement
that outlines the services provided by the Authority, its funding formula, budget, and how the
Authority is governed. He discussed the 2021 call volume and promoted the free CPR classes and
associated app that alerts trained individuals of nearby cardiac arrest victims offered by PFA. He
discussed the recently adopted strategic plan and provided PFA’s annual report.
Mayor Pro Tem Francis stated it has been an honor to serve on the PFA Board and commended
the work of PFA.
Councilmember Gutowsky stated she is also honored to serve on the PFA Board.
• PUBLIC COMMENT ON ANY TOPIC OR ITEMS
Emily Gallichotte commented on the Council priority related to minimum wage and encouraged
staff to schedule an ordinance for Council consideration prior to the end of the year.
Eric Sutherland requested Mayor Arndt provide a synopsis of her conversation with a developer
regarding quasi-judicial matters coming before Council. He stated eligible individuals are not
taking advantage of the food tax rebate.
Rex Anderson requested staff enforce its Code related to the storage of junk items at houses in his
neighborhood.
Bill Gherardi expressed concern about the number of vehicles being parked on his street and stated
he has reported houses that have more than three unrelated residents and has received no response
from Code enforcement.
• PUBLIC COMMENT FOLLOW-UP
Councilmember Ohlson requested staff follow-up with Mr. Anderson and Mr. Gherardi. Interim
City Manager DiMartino replied the issues are well-documented and staff will follow up.
City of Fort Collins Page 210
• CONSENT CALENDAR
Mayor Pro Tem Francis made a motion, seconded by Councilmember Ohlson, to adopt and
approve all items on the Consent Agenda.
RESULT: CONSENT AGENDA ADOPTED [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Kelly Ohlson, District 5
AYES: Francis, Arndt, Peel, Ohlson, Gutowsky
EXCUSED: Pignataro, Canonico
1. Second Reading of Ordinance No. 052, 2022, Making a Supplemental Appropriation of the
Poudre River Native Fish Project Grant in the Natural Areas Fund. (Adopted on Second
Reading)
This Ordinance, unanimously adopted on First Reading on May 3, 2022, requests an appropriation of
grant funds from Colorado Parks and Wildlife to the Natural Areas Department to complete a river
habitat improvement project for native fish on the Cache la Poudre River. The grant funds will be used
to create refuge pools in a side channel of the Cache la Poudre River for the rare, native plains
topminnow and orange-spotted sunfish. The project is a value-added element to the City’s instream
water right project underway at the CSU Environmental Learning Center (BFO 1.62, 9.16, 12.23).
Flows for the refuge pools will be supplied by the instream water right.
2. Second Reading of Ordinance No. 053, 2022, Amending Certain Sections of Chapter 25 of the
Code of the City of Fort Collins Relating to the Imposition, Collection, and Enfo rcement of the
City’s Sales and Use Tax. (Adopted on Second Reading)
This Ordinance, unanimously adopted as amended on First Reading on May 3, 2022, amends Chapter
25 of the City Code concerning sales and use tax. The updates include revisions to the Grocery Tax
Rebate Program to provide greater administrative flexibility to staff to aid in alignment with the ongoing
City-wide initiative to broaden access to City income-qualified programs. Other updates include, but
are not limited to, clarifying definitions for the Manufacturing Use Tax Rebate Program, increasing the
dollar threshold that determines when written agreements for tax settlements are required, creating an
exemption from sales tax for the recently adopted disposable bag fee, and removing the tax exemption
for cigarettes.
3. Second Reading of Ordinance No. 054, 2022, Approving the Vacation and Rededication of Four
Permanent Utility Easements Located on Lots 2 and 3 of the Lakeview on the Rise Subdivision.
(Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on May 3, 2022, vacates and accepts
rededication of four permanent utility easements at the Lakeview on the Rise Subdivision. The four
original easements (the “Original Easements”) were dedicated to the City prior to the initial
construction and installation of the equipment and fixtures providing said utilities (the “Utility
Equipment”). After construction was completed, the property owner determined that the Utility
Equipment was not situated entirely within the boundaries of the Original Easements. To remedy this
situation, staff recommends that the City vacate the Original Easements and accept a new Deed of
Dedication of Easement (the “New Easement Deed”) in favor of the City providing for four permanent
utility easements that correctly describe the location of the Utility Equipment (the “New Easements”).
4. Second Reading of Ordinance No. 055, 2022, Authorizing an Extension of the Temporary
Exception to the Land Use Code to Allow T -Mobile to Place a Temporary Wireless
Telecommunications Facility at 1800 East Harmony Road to Replace Lost Wireless Service
Coverage. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on May 3, 2022, extends the authorization
originally granted with Ordinance No. 167, 2021, for a temporary wireless telecommunication facility
known as a cell-on-wheels (COW), operated by T-Mobile, currently located at 1800 East Harmony.
City of Fort Collins Page 211
The current temporary authorization is set to expire on June 7, 2022. This temporary fac ility is in place
to address a critical loss in T-Mobile's existing cellular coverage in south Fort Collins caused by T-
Mobile’s removal of wireless equipment from Platte River Power Authority (“PRPA”) infrastructure, to
be used only until a permanent facility (proposed at 4518 Innovation Drive) is fully constructed and
operational no later than December 1, 2022.
5. Second Reading of Ordinance No. 056, 2022, Calling a Special Municipal Election to be Held in
Conjunction with the November 8, 2022 Larimer County General Election. (Adopted on Second
Reading)
This Ordinance, unanimously adopted on First Reading on May 3, 2022, calls a Special Municipal
Election to be held in conjunction with the November 8, 2022, Larimer County General election,
preserving the opportunity for Council to place Council-initiated or citizen-initiated questions on the
November ballot. If Council decides to place any questions on the ballot, it would need to accomplish
this by no later than its September 6 meeting. If Council does not take action by ordinance or resolution
before the statutory deadline (September 9) to certify ballot language to Larimer County, the election
will be cancelled, and the provisions of this Ordinance will be of no further force and effect.
This Ordinance does not submit any specific question(s) to the November 8 ballot. Adoption of it is,
however, a required first step in preserving the option for Council to submit any questions that Council
may desire at the November 8, 2022, General Election.
6. First Reading of Ordinance No. 058, 2022, Appropriating Prior Year Reserves in the Light &
Power Fund for Purchase of Distribution and Substation Transformers. (Adopted on First
Reading)
The purpose of this item is to bring forward an off-cycle supplemental appropriation of Light & Power
reserves to fund a capital project consisting of the purchase of distribution and substation transformers.
Information from transformer vendors indicates that prices and lead times are rising significantly, due
to supply chain and inflationary challenges. With respect to distribution transformers, it will be
necessary to either scale back the number of distribution transformers the City planned to purchase
this year or request an additional appropriation to permit purchase of the expected number of
transformers necessary to accommodate new customers and prudent asset replacement. A reduction
in the number of transformers purchased could negatively impact new development and system
reliability. The proposed supplemental appropriation includes $1,432,000 to allow more distribution
transformers to be ordered in 2022 so that sufficient stock can be delivered as soon as available, likely
in late 2023 at the earliest.
In addition, a new substation will be necessary to adequately serve the northeast areas of the City as
those areas develop. The proposed supplemental appropriation also includes $2,234,000 for the two
substation transformers needed to serve this load growth. Again, this supplemental appropriation is
recommended to avoid waiting to place these orders when additional funds would otherwise become
available in early 2023 and should allow these transformers to be delivered within the next three years
given current lead-times. The total supplemental appropriation being proposed for Council
consideration is for $3,666,000.
7. First Reading of Ordinance No. 059, 2022, Appropriating Philanthropic Revenue Received
Through City Give for The Gardens on Spring Creek. (Adopted on First Reading)
The purpose of this item is to appropriate $55,000 in philanthropic revenue in the Cultural Services
Fund for The Gardens on Spring Creek to support operations as designated by the donor and
community partner, The Friends of the Gardens on Spring Creek.
8. Items Relating to the 2021 International Fire Code. (Adopted on First Reading)
A. First Reading of Ordinance No. 060, 2022, Amending Chapter 9 of the Code of the City of Fort
Collins for the Purpose of Repealing the 2018 International Fire Code and Adopting the 2021
International Fire Code, with Amendments.
City of Fort Collins Page 212
B. First Reading of Ordinance No. 064, 2022, Making Changes to Fort Collins City Code Section
2-173 Related to the Adoption of the 2021 International Fire Code, with Amendments.
The purpose of this item is to repeal the 2018 International Fire Code and adopt the 2021 International
Fire Code (“IFC”), with local amendments. The International Code Council (“ICC”) publishes updated
codes every three years. The Poudre Fire Authority Board of Directors has reviewed and approved
this code package and is requesting the code be adopted as amended.
The 2021 IFC proposed for adoption provides that appeals of decisions by the fire code official (Fire
Chief, or by delegation, Fire Marshall) shall be heard by the Fort Collins Building Review Comm ission
acting as the Fire Board of Appeals, as did the 2018 Fire Code. Ordinance No. 064, 2022 makes a
related change to City Code Section 2-173 to reflect the Commission’s responsibility to serve as the
Fire Board of Appeals as set forth in the 2021 IFC.
9. First Reading of Ordinance No. 061, 2022, To Increase from Five to Seven the Number of
Directors on the Board of Directors of the Fort Collins Tourism Improvement District and to
Make an Appointment to One of the New Director Positions. (Adopted on First Reading)
The purpose of this item is to amend the ordinance Council adopted in August 2021 to establish the
Fort Collins Tourism Improvement District (District). The proposed Ordinance expands the District’s
Board of Directors (Board) from five to seven directors and it would appoint the director for one of the
newly created positions. The Board seeks broader representation from the District. The Board’s
expansion would allow two at-large electors to serve on the Board. The Board has nominated Abbie
Stout, owner of the Edwards House, to fill one of these new positions. The other position will remain
vacant until the Board finds an eligible elector who is willing and able to serve on the Board.
10. Resolution 2022-057 Approving an Intergovernmental Agreement for Technical Support
Services Between the City of Fort Collins and Platte River Power Authority. (Adopted)
The purpose of this item is for approval of an Intergovernmental Agreement (IGA) with Platte River
Power Authority (Platte River) for technical support services to replace the long-standing expiring
three-party agreement between the City, Platte River, and Longmont for utility customer information
system (CIS) support. This new IGA defines the revised expectations related t o the services Platte
River will provide strictly to the City of Fort Collins in support of its Hansen/Banner CIS.
• CONSENT CALENDAR FOLLOW-UP
Councilmember Peel commended the fundraising work done related to Item No. 7, First Reading
of Ordinance No. 059, 2022, Appropriating Philanthropic Revenue Received Through City Give
for The Gardens on Spring Creek.
• STAFF REPORTS
Interim City Manager DiMartino stated free mulch day has been reinstated for Saturday, May 21.
• COUNCILMEMBER REPORTS
Mayor Arndt reported on attending ICLEI – Local Governments for Sustainability’s World
Congress meeting.
Councilmember Peel reported on attending the Front Range Community College graduation
ceremony and Colorado Municipal League meetings.
City of Fort Collins Page 213
• DISCUSSION ITEMS
11. Second Reading of Ordinance No. 057, 2022, Appropriating Prior Year Reserves in the General
Fund to Provide Cost-Sharing Related to Electric Vehicle Charging Infrastructure at Affordable
Housing Developments. (Adopted on Second Reading)
This Ordinance, adopted on First Reading on May 3, 2022 by a vote of 6 -1 (Nay: Peel), requests an
off-cycle appropriation from General Fund Reserves in the amount of $238,000 to provide cost-sharing
related to Electric Vehicle (EV) charging infrastructure required at Affordable Housing (AH)
developments in 2022. Staff estimates that 237 affordable homes currently in the City’s development
review process may apply for building permits during 2022.
Councilmember Peel asked how these funds will be allocated in ongoing budgets. Kirk Longstein,
Energy Services, replied the current appropriation is for 2022 as a pilot year and there is a budget
offer for 2023-2024 to continue funding.
Councilmember Peel expressed concern this is throwing money at a created problem and noted
many people who purchase electric vehicles are in upper income brackets.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Gutowsky, to adopt
Ordinance No. 057, 2022, on Second Reading.
RESULT: ORDINANCE NO. 057, 2022 ADOPTED ON SECOND READING [4 TO 1]
MOVER: Emily Francis, District 6
SECONDER: Susan Gutowsky, District 1
AYES: Francis, Arndt, Ohlson, Gutowsky
NAYS: Peel
EXCUSED: Pignataro, Canonico
12. First Reading of Ordinance No. 062, 2022, Authorizing and Approving the Execution and
Delivery by the City of One or More Amendments to 2019 Trust Indenture, Leases and Other
Related Documents for the Issuance of 2022 Certificates of Participation for the Financing of
Certain City Projects. (Adopted on First Reading)
The purpose of this item is to consider an Ordinance authorizing the amendment of ce rtain 2019 lease
documents and approval of other related documents for the issuance of certificates of participation
(COPs), the funds from which will be used for the acquisition of the Hughes Stadium land, construction
of the Southridge golf course irrigation system improvements, construction of the Fleet shop
expansion, and such additional projects as City Council may approve by resolution.
Travis Storin, Chief Financial Officer, stated this package would finance three distinct City
projects through a Certificate of Participation (COPs) debt instrument. He noted this financing
package for the Hughes Stadium property will be available for activation when a purchase and sale
agreement is finalized.
Blaine Dunn, Accounting Director, stated the COPs financing will be authorizing the financing of
the Hughes Stadium land purchase, the Southridge Golf Course irrigation system, and the Fleet
Shop expansion on Wood Street. He provided additional detail on the voter-approved ballot
measure for purchase of the Hughes Stadium property and the financing thereof. He noted costs
will be retroactively allocated based on the final land use of the property. Dunn also provided
additional detail on the Southridge irrigation project and Fleet Shop expansion. He detailed the
financing package and payment information.
City of Fort Collins Page 214
Amanda Newton, Senior Treasury Analyst, discussed the collateral needed for the COPs issuance
and outlined the staff recommendation for those collateral offerings and the mixed repayment
terms. She discussed the steps moving forward assuming adoption of this ordinance.
Eric Sutherland discussed the absence of any explanation of what percentage of the City’s available
tax revenues would thereafter be committed to the repayment of the debt. He noted sales tax
revenues may decrease in the coming years and questioned why the golf courses are not being used
as collateral. Additionally, he stated he was under the impression golf was an enterprise fund.
Rich Stave expressed concerns like those of Mr. Sutherland and questioned why other City assets
are being pledged to obtain the loan for the Hughes property.
Councilmember Peel asked whether golf is an enterprise fund. Storin replied golf is managed in
the City’s financials as an enterprise fund; however, it is not set up with the same TABOR
enterprise status as the Utilities from a legal perspective. He noted the golf portion of this debt will
be paid for with golf revenues and there is a strict line of separation for that within the financial
systems.
Councilmember Peel asked why City assets are being pledged as collateral. Storin replied this is
not general obligation debt and therefore does not have the same requirements under TABOR. He
stated a COP instrument is one where an asset is leased out to the bank then leased back by the
City, somewhat like a mortgage.
Dalton Kelley, Butler Snow, LLP, bond counsel, stated this is a lease back structure; therefore,
there is no opportunity for the trustee to foreclose or sell the property. The City leases the property
to the trustee, and the trustee pays all lease payments upfront, then the City leases back the property
over the term.
Maddie Prodanovic, Hilltop Securities, municipal advisor, stated there is a challenge with trying
to purchase a piece of property and simultaneously using it as a lease asset.
Councilmember Gutowsky asked if there are any risk factors in this transaction from the City’s
perspective. John Duval, Deputy City Attorney, replied the risk would be related to future Councils
not appropriating the funds for annual COP payments in the future thereby leading the bank trustee
to be able to lease out the collateral properties.
Councilmember Gutowsky asked if a downturn in the economy could lead to difficulties in
repayment of the debt. Storin replied there are always economic risks with any type of debt
transaction, and this item would commit the City to a 15-year repayment obligation. He stated the
annual payment of roughly $1.8 million makes up around 0.6% of the City’s governmental
revenue. He noted any decision to not fund debt repayment would be a Council-level decision and
it is the City’s practice to set aside debt service payments prior to budget offers being considered.
Councilmember Gutowsky asked how the capital project list is generated. Storin replied the
Southridge irrigation system is well past its lifespan, and it has typically been the practice of the
City to line up the payments of a decade plus asset with the timeline in which that asset is going
to be in service.
Councilmember Gutowsky asked if there are likely to be additional COP requests soon. Storin
replied there is a Council-adopted policy regarding the City’s debt cap and there is currently a
City of Fort Collins Page 215
significant cap between the current debt load and what the City is legally authorized to be able to
issue. He stated it is possible the City could be considering a COP issuance for the Civic Center
Master Plan, probably no earlier than 2027, or possibly for the ballot-obligated southeast aquatics
facility.
Councilmember Gutowsky asked if there will be any restriction on the ability of the City to use
the Hughes property. Storin replied the binding guidance would not exist as the result of the
financial instrumentation but rather as a product of the City’s Codes and land use determinations.
Mayor Arndt questioned how the irrigation system and Fleet Shop expansion were identified as
priorities as they were not part of the budgeting process. Storin replied it is staff’s practice to defer
as many of those decisions as possible to the budgeting process; however, both of these projects
are run as proprietary funds, therefore, their own revenues must support their operations. He
commented on BFO not being well suited for large capital projects.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Ohlson, to adopt Ordinance
No. 062, 2022, on First Reading.
RESULT: ORDINANCE NO. 062, 2022 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Kelly Ohlson, District 5
AYES: Francis, Arndt, Peel, Ohlson, Gutowsky
EXCUSED: Pignataro, Canonico
13. First Reading of Ordinance No. 063, 2022, Making Supplemental Appropriations from a Portion
of the City’s American Rescue Plan Act (ARPA) Funding for Local Fiscal Recovery Related to
the COVID-19 Pandemic. (Adopted on First Reading)
The purpose of this item is to seek a mid-cycle appropriation of $4.1M of the Organization’s remaining
$19.9M of American Rescue Plan Act (ARPA) Funds to support pandemic recovery efforts. These
projects were reviewed and selected by the Recovery Executive Lead Team because they address
immediate needs for both community and enterprise recovery. These projects align with the City’s
Recovery Plan and have also been reviewed by Council Finance Committee.
Travis Storin, Chief Financial Officer, stated this is a mid-cycle American Rescue Plan Act
(ARPA) appropriation and he discussed the previous ARPA appropriations and remaining funds
that will be part of the budgeting process.
Joanne Cech, incoming Fiscal Recovery Manager, noted all ARPA related funding decisions have
followed a very consistent process related to eligibility per federal requirements and review by the
Recovery Executive Lead Team. She provided additional information regarding the federal
requirements for expenditure of the funds and discussed this $4 million appropriation and
associated requested FTEs.
Councilmember Ohlson requested clarification regarding what was to be a contract position now
being an ongoing position. Cech replied the only ongoing position that was not in the Council
Finance Committee presentation is the capital program business liaison that will reside in the
Economic Health Office. Storin noted the proposal for that position is to use ARPA funds this year
to activate the program; however, the budget offer Council will consider in the fall is jointly funded
between the General Fund and Utilities.
City of Fort Collins Page 216
Councilmember Peel asked if a mid-cycle appropriation was always planned for these funds.
Storin replied the adoption of the recovery plan by Council involved mid-cycle appropriations for
immediate needs to activate funds prior to January 1, 2023.
Councilmember Peel commented on a small business grant program being implemented in Denver
and asked if a similar program could be implemented in Fort Collins now or if it would need to
wait for the budget process. Storin replied staff would look for direction from staff in that regard.
Interim City Manager DiMartino stated she has requested staff provide further detail on that type
of program prior to Second Reading.
Mayor Arndt asked about the wisdom of making ongoing FTE commitments with one-time ARPA
funds. Storin replied the funds must be committed by 2024 and spent by 2026, and there are risks
to making commitments beyond those dates; therefore, staff has endeavored to make the positions
referenced contractual rather than classified, with the exceptions of the mental health response
team and capital projects mitigation specialist.
Mayor Arndt suggested staff report to Council when the ARPA funds and the contractual positions
expire. Cech replied that would occur.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Peel, to adopt Ordinance
No. 063, 2022, on First Reading.
RESULT: ORDINANCE NO. 063, 2022 ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Shirley Peel, District 4
AYES: Francis, Arndt, Peel, Ohlson, Gutowsky
EXCUSED: Pignataro, Canonico
• OTHER BUSINESS
A. Consideration of a motion to go into executive session to discuss legal questions related to pending
and anticipated Halligan Reservoir real property-related litigation, including eminent domain litigation,
and related to water court litigation for the Montava PUD development:
Mayor Pro Tem Francis made a motion, seconded by Councilmember Gutowsky, that the City
Council go into executive session 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),
for the purpose of discussing with the City’s attorneys and appropriate management staff the
following items:
1. Specific legal questions related to litigation regarding the acquisition of property interests
for the Halligan Reservoir Project, including pending and anticipated eminent domain and
other litigation; and
2. Specific legal questions related to litigation regarding water rights for the Montava PUD
Development, including pending and anticipated water court and other litigation; and
City of Fort Collins Page 217
3. The manner in which the particular policies, practices or regulations of the City related to
the determination of water adequacy for proposed developments may be affected by
existing or proposed provisions of federal, state or local law.
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Susan Gutowsky, District 1
AYES: Francis, Arndt, Peel, Ohlson, Gutowsky
EXCUSED: Pignataro, Canonico
• ADJOURNMENT
The meeting adjourned at 9:38 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk