HomeMy WebLinkAboutMINUTES-11/01/2022-RegularNovember 1,2022
COUNCIL OF THE CITY OF FORT COLLINS,COLORADO
Council-Manager Form of Government
Regular Meeting —6:00 PM
A)PROCLAMATIONS AND PRESENTATIONS —5:00 pm
PP 1.Proclamation Declaring November as Native American Heritage Month.
PP 2.Proclamation Declaring the Year of November 2022 to November 2023 as Natural Areas
30th Anniversary.
Mayor Jeni Arndt presented the above proclamations at 5:00 p.m.in the City Council Chambers.
REGULAR MEETING
6:00 PM
B)CALL MEETING TO ORDER
Mayor Jeni Arndt called the meeting to order at 6:00 p.m.in the City Council Chambers at 300 Laporte
Avenue,Fort Collins,Colorado,with hybrid participation available via the City’s Zoom platform.
C)PLEDGE OF ALLEGIANCE
Mayor Jeni Arndt led the Pledge of Allegiance to the American Flag.
D)ROLL CALL
PRESENT
Mayor Jeni Arndt
Mayor Pro Tem Emily Francis
Councilmember Susan Gutowsky
Councilmember Julie Pignataro
Councilmember Tricia Canonico
Councilmember Shirley Peel
Councilmember Kelly Ohlson
STAFF PRESENT
City Manager Kelly DiMartino
City Attorney Carrie Daggett
Deputy City Clerk Aimee Jensen
City of Fort Collins Page 350 City Council Proceedings
E)CITY MANAGERS AGENDA REVIEW
City Manager Kelly DiMartino announced next week’s work session will occur on Monday at 6 p.m.
rather than Tuesday due to the general election.
City Manager Kelly DiMartino provided an overview of the agenda,including:
•There were no changes to the published agenda;however,DiMartino noted there was an
amendment to item No.6,Second Reading of Ordinance No.112,2022,Amending Chapter 23,
Article Ill of the Code of the City of Fort Collins Regarding Obstructions and Encroachments to
Allow for the Expansion of Outdoor Dining Areas onto City Property and Adopting by Reference
the City of Fort Collins Outdoor Dining Design Manual,to restrict the use of concrete Jersey
barriers.
•All items on the consent agenda were recommended for approval.
F)COMMUNITY REPORTS
None.
G)PUBLIC COMMENT ON ANY TOPICS OR ITEMS OR COMMUNITY EVENTS
(Including requests for removal of items from Consent Calendar for individual discussion.)
Kent Bruxvoort,Water Commission member,recommended the inclusion of one offer that currently
sits below the acceptance line in the budget:offer 4.47 to fund one full-time civil engineer as a project
manager to facilitate the replacement of utilities aging infrastructure.
Nathaniel Coffman commended the Land Development Code updates and supported adoption.
Holly Tarry expressed support for adoption of the Land Development Code phase one updates and
commended the public input process.
Jerry Gavaldon commended City staff and volunteers for excellent work at the Museo de las Tres
Colonias event.
Alan Lamborn expressed concern about unintentional consequences of certain regulations in the
proposed revised Land Development Code.
Laurie Klith,Center for Family Outreach Executive Director,commended staff for work on the overflow
shelter new location and commented on efforts to secure the building at 212 West Mountain Avenue
for a teen center.
Lauren Storeby thanked Councilmembers for meetings with the restaurant sector regarding the
upcoming minimum wage discussion.She commented on upcoming issues that will continue to affect
the restaurant industry and decrease profitability,including bird flu and a diesel shortage.
Mark Morehouse discussed the southeast recreation center pool and the outcome of the City’s
aquatics study which showed there is not enough lane space in Fort Collins,particularly in the
southeast part of town.He suggested funding recreation through an excise tax on marijuana sales.
Kennedy Glasgow discussed the southeast recreation center requesting additional pool lane space.
She commented on the benefits of swimming as a teenager.
City of Fort Collins Page 351 City Council Proceedings
Brian Tracy expressed concern about the multi-unit structures that could be built in the Old Town area
with the new Land Development Code updates.He stated the public outreach efforts should have
better matched the potential impacts of the changes and he opposed adoption of the updates.
Rob Duran,Blue Agave and Vato’s Tacos,discussed the detrimental effects of increasing the
minimum wage on restaurants.
Mark Sluss questioned what problems will be solved by an increase in minimum wage and suggested
restaurants receive credits for providing learning opportunities to young employees.
Abby Crum commented on the high level of swimming in Fort Collins and on the benefits of swimming
as a teenager.She supported increasing lane space in the city.
Sidney O’Neal commented on the benefits of swimming as a teenager and supported increasing lane
space in the city.
Steve Valdes commented on the special nature of Old Town and opposed updates to the Land
Development Code that will change its character.
Joe Rowan opposed increasing the minimum wage.
Ian Taylor supported adoption of the Land Development Code updates.
Steve Kuehneman,Care Housing Executive Director,supported adoption of the Land Development
Code updates.
Sally Lee expressed concern about the proposed changes to Old Town regulations in the Land
Development Code and specifically opposed the elimination of neighborhood meetings for certain
projects.
Lester Kaplan commented on his time as the City’s Planning Director and on his time as a developer.
He expressed concern about certain aspects of the proposed updates to the Land Development Code,
specifically opposing the change in which projects are heard by the Planning and Zoning Commission.
Jason Stentz opposed increasing the minimum wage and discussed the increase in costs for
restaurants.
Brian Barbieri supported the proposed Land Development Code updates.
Deana Munoz stated she cannot afford to live in the community she serves and opposed aspects of
the proposed Land Development Code.
Nick Frey opposed changing the public input process in the Land Development Code and stated the
proposed changes will reduce property values.
Michelle Haefele requested Council delay the final vote on Land Development Code changes to allow
additional time for input from a broader share of members of the public.
Margit Hentschel stated the public involvement process related to the Land Development Code was
not inclusive,transparent,or equitable.She stated the changes disproportionately reflect the interests
of developers.
Ronnie Estelle opposed the proposed changes to the public involvement process aspect of
development review and requested Council postpone this vote to allow for additional public input.
City of Fort Collins Page 352 City Council Proceedings
Sean McCoy discussed solar metering and solar generation credits.
Dan Siegfried concurred with Ms.Haefele’s and Ms.Estelle’s comments on the lack of public input in
the Land Development Code revisions.
Richard Cavendish supported adoption of the Land Development Code updates citing its
incentivization of affordable housing.
Jared Karen opposed the adoption of the Land Development Code updates stating they will change
the character of Old Town.He urged Council to delay a vote.
Bill Whitley urged Council to pause the process related to the Land Development Code updates.
Row Heath concurred with Ms.Haefele’s comments and opposed adoption of the Land Development
Code updates stating not enough public outreach occurred.
Dave Szmasky expressed support for the Land Development Code updates but suggested additional
public input should occur prior to a final decision being made.
Beth Fisher opposed adoption of the Land Development Code updates and stated she does not see
how the proposed changes will impact housing costs.
Clerk’s Note:Mayor Arndt called for a ten-minute break at 7:46 p.m.The meeting resumed at 7:56 p.m.
H)PUBLIC COMMENT FOLLOW-UP
Councilmember Pignataro requested information regarding next week’s work session as it relates to the
aquatics issue.City Manager DiMartino replied there will be a work session discussion item regarding the
status of discussions and a recommended path forward regarding development of the southeast
community innovation center.
Councilmember Pignataro requested an update on the status of the Mulberry Pool.City Manager
DiMartino replied another short-term investment of about $500,000 will be made to extend the life of the
facility.
Councilmember Gutowsky expressed support for a teen activity center as recommended by Ms.Klith.She
also commended City staff efforts and the multi-modal participation at the Museo event.
I)COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
Councilmember Gutowsky requested Item No.15,First Reading of Ordinance No.123,2022,Updating
References in City Code to the Land Use Code,be withdrawn from the Consent Calendar for discussion
of the change of name from the Land Use Code to the Land Development Code.
City Attorney Daggett clarified this would only move forward if the new Land Development Code updates
are adopted on Second Reading.
Councilmember Gutowsky rescinded her request to remove the item from the Consent Calendar.
City of Fort Collins Page 353 City Council Proceedings
J)CONSENT CALENDAR
1.Second Reading of Ordinance No.107,2022,Appropriating Philanthropic Revenue
Received By City Give for the Bucking Horse Park Trail Spur Project as Designated by the
Donor.
This Ordinance,unanimously adopted on First Reading on October 18,2022,amends $5,000 in
philanthropic revenue received by City Give for Park Planning and Development as designated
by the donor.
Adopted on Second Reading.
2.Second Reading of Ordinance No.108,2022,Appropriating Unanticipated Revenue From
Philanthropic Donations Received in 2022 By City Give for Various City Programs and
Services as Designated by the Donors.
This Ordinance,unanimously adopted on First Reading on October 18,2022,appropriates $4,070
in philanthropic revenue received by City Give.These miscellaneous gifts to various City service
areas support a variety of programs and services and are aligned with both the City’s strategic
priorities and the respective donors’designation.
In 2019,City Give,a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
Adopted on Second Reading.
3.Second Reading of Ordinance No.109,2022,Making a Supplemental Appropriation of
HOME Investment Partnership Program -American Rescue Plan Act Funding from the
Federal Department of Housing and Urban Development.
This Ordinance,unanimously adopted on First Reading on October 18,2022,appropriates
$2,628,410 in HOME Investment Partnership Program —American Rescue Plan funds received
from the Department of Housing and Urban Development.
Adopted on Second Reading.
4.Second Reading of Ordinance No.110,2022,Amending Article IX of Chapter 23 of the Code
of the City of Fort Collins Regarding Natural Areas.
This Ordinance,unanimously adopted on First Reading on October 18,2022,amends various
provisions in Article IX of Chapter 23 of the City Code regarding natural areas to close loopholes,
add new definitions,and add new regulations that better protect the natural environment and
promote visitor safety.Natural Areas Department rangers researched existing Code and worked
with Natural Areas Department staff and the City Attorney’s Office before the proposed changes
were brought to the Land Conservation and Stewardship Board in July2022.
Adopted on Second Reading.
5.Second Reading of Ordinance No.111,2022,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 Taxes.
This Ordinance,unanimously adopted on First Reading on October 18,2022,amends Chapter
25 of City Code concerning sales and use tax.The updates include revisions to the Grocery Tax
City of Fort Collins Page 354 City Council Proceedings
Rebate Program to increase the area median income threshold for a rebate as part of ongoing
City-wide initiatives to streamline and broaden access to City income-qualified programs.Other
updates include but are not limited to:(1)updating the deadlines for refund claims and petitions
protesting the denial of tax-exempt organization license applications to align with other deadlines
in Chapter 25;(2)amending the appeals process to align with state statute;and (3)adding
exemptions from sales and use tax for the state carryout bag fee and retail delivery fee.(The
Council approved Ordinance No.053,2022,in May2022,which created an exemption from sales
tax for the City’s disposable bag fee).
For Second Reading,in light of prior discussions by the Council Finance Committee,the City
Manager is proposing a Whereas clause be revised.The revision will document that the City
Manager has committed that City staff will return to the Council Finance Committee after
approximately one year not only to discuss the effectiveness of the Code update increasing the
area median income threshold for the Grocery Tax Rebate Program,but also to discuss other
options to expand participation,such as removing income verification requirements.
Adopted on Second Reading.
6.Second Reading of Ordinance No.112,2022,Amending Chapter 23,Article Ill of the Code
of the City of Fort Collins Regarding Obstructions and Encroachments to Allow for the
Expansion of Outdoor Dining Areas onto City Property and Adopting by Reference the City
of Fort Collins Outdoor Dining Design Manual.
This Ordinance,unanimously adopted on First Reading on October 18,2022,amends City code
to allow outdoor dining areas on public property.During the COVID pandemic and declared local
emergency,Emergency Orders were put in place to support hospitality businesses by allowing
extended outdoor patios on public property.The extended patios have been popular and
successful both economicaily and as a vibrant way to activate streets and sidewalks.Staff is
proposing changes to the City Code obstruction and encroachment permit provisions and a
framework,including the City of Fort Collins Outdoor Design Manual (‘Design Manual’),to make
these spaces permittable after the expiration of the Emergency Orders.
In response to Council feedback regarding concrete barriers,staff has replaced previous
language,which said “Concrete ‘Jersey Barriers’shail only be installed where required or deemed
appropriate by the City Engineering Department”with “Crash rated barriers will only be required
for safety or traffic volume.In those cases,the City will not aiow a concrete “Jersey-barrier”style
and will require a crash-rated barrier that meets the urban design standard of the location
(Downtown,for instance).”
Adopted on Second Reading.
7.Second Reading of Ordinance No.113,2022,Suspending Certain Provisions of the City’s
Land Use Code and Building Code to Permit Temporary Use of City Property at 117 North
Mason Street as a Homeless Shelter.
This Ordinance,unanimously adopted on First Reading on October 25,2022,suspends certain
provisions of the City’s Land Use Code to allow the temporary use of 117 North Mason Street as
a men’s overflow shelter site from November2022 —April 2023.
Adopted on Second Reading.
City of Fort Collins Page 355 City Council Proceedings
8.Second Reading of Ordinance No.116,2022,Amending Chapter 26 of the Code of the City
of Fort Collins to Make Various Changes to the Water Supply Requirement for
Nonresidential Water Service.
This Ordinance,unanimously adopted on First Reading on October25,2022,adopts changes to
Fort Collins Utilities (Utilities)Water Supply Requirement (WSR)in Chapter 26 of City Code.
Changes to the WSR went into effect Januaiy 1,2022,through Ordinance No.119,2021.
However,after administering the WSR under that ordinance for several months,staff realized a
need for further revision.The Ordinance broadened when Utilities nonresidential water customers
doing redevelopment must meet the WSR,such that these customers must meet WSRs for almost
any redevelopment.The Ordnance also results in the assignment of an annual allotment and the
potential for excess water use surcharges.These changes have resulted in significant staff time
for previously routine matters and impacts to customers that are perceived as unfair.The
proposed ordinance would return to the previous,historical requirement where customers must
only meet the WSR for new development and redevelopment that is replacing and existing meter
or service with a larger size.
Adopted on Second Reading.
9.First Reading of Ordinance No.117,2022,Approving the Fiscal Year 2023 Budget,and
Being the Annual Appropriation Ordinance for the Fort Collins Downtown Development
Authority,and Fixing the Mill Levy for the Downtown Development Authority for Fiscal
Year 2023.
The purpose of this item is to set the Downtown Development Authority (‘VDA ‘9 Budget.
The following amounts will be appropriated:
DDA Public/Private Investments &Programs $7,800,493
DDA Operations &Maintenance $2,030,378
Revolving Line of Credit Draws $7,000,000
DDA Debt Service Fund $7,431,611
The Ordinance sets the 2023 Mill Levy for the Fort Collins DDA at five (5)mills,unchanged since
tax year 2002.The approved Budget becomes the Downtown Development Authority’s financial
plan for 2023.
Adapted on First Reading.
10.First Reading of Ordinance No.118,2022,Adopting the 2023 Budget and Appropriating the
Fort Collins Share of the 2023 Fiscal Year Operating and Capital Improvements Funds for
the Northern Colorado Regional Airport.
The purpose of this item is to adopt the 2023 budget for the Northern Colorado Regional Airport
and appropriate Fort Collins’share of the 2023 fiscal year operating and capital funds for the
Airport.Under the Amended and Restated Intergovernmental Agreement for the Joint Operation
of the Airport between Fort Collins and Loveland (the “IGA’9,the Airport is operated as a joint
venture with each City owning 50%of the assets and revenues and responsible for 50%of the
operating and capital costs.The proposed budget does not include any financial contributions
from the City’s General Fund.Because each City has an ownership interest in 50%of the Airport
revenues,each City must appropriate its 50%share of the annual operating and capital budget
for the Airport under the IGA.
Adopted on First Reading.
City of Fort Collins Page 356 City Council Proceedings
11.First Reading of Ordinance No.119,2022,Appropriating Philanthropic Revenue Received
Through City Give to Benefit Income-Oualified Youth Sports Programming and Services in
the Recreation Department.
The purpose of this item is to request appropriation of $17,000 in philanthropic revenue received
through City Give for Recreation to benefit income-qualified youth sports programming and
services.
In 2019,City Give,a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
Adopted on First Reading.
12.First Reading of Ordinance No.120,2022,Appropriating Prior Year Reserves in the General
Fund and Transportation Services Fund for Snow Removal;
The purpose of this item is to appropriate prior year reserves to cover snow removal costs that
have exceeded the 2022 budget.Overspend in the snow budget is driven by severe snowstorms
that present cold temperatures,ice,and higher volumes of snow.
Adopted on First Reading.
13.First Reading of Ordinance No.121,2022 Amending Chapter 7.5 of the Code of the City of
Fort Collins to Increase for Inflation the Capital Expansion Fees and the Transportation
Expansion Fee.
The purpose of this item is to make annual inflation updates effective January 1,2023,associated
with the City’s Capital Expansion Fees and its Transportation Expansion Fee.Inflation updates
are 8.6%for the Capital Expansion Fees and 7.1%for the Transportation Expansion Fee.
Adopted on First Reading.
14.Items Related to an Affordable Housing Development Incentives Grant from the Colorado
Department of Local Affairs for Kechter Townhomes.
A.Resolution 2022-109 Authorizing the Mayor to Execute an Intergovernmental Grant Agreement
for an Affordable Housing Development Incentives Grant from the Colorado Department of Local
Affairs.
Adopted.
B.First Reading of Ordinance No.122,2022,Making Supplemental Appropriations in the General
Fund of Grant Proceeds from the Colorado Department of Local Affairs for the Kechter
Townhomes Project.
Adopted on First Reading.
The purpose of this item is to consider a Resolution authorizing execution of a state Grant
Agreement providing $22 million to pay water and wastewater tap and permit fees to the Fort
Collins-Loveland Water District for the Kechter Townhomes project and adoption of an Ordinance
making an appropriation of unanticipated grant revenue in the General Fund.In November of
2021,the City sold a property from the Land Bank Program located at 3620 Kechter Road to
Kechter TWG,LLLP for the purpose of building 54 permanently affordable townhomes.The City
applied for and was awarded a grant from the Colorado Department of Local Affairs (DOLA)to
City of Fort Collins Page 357 City Council Proceedings
support water and wastewater utility costs associated with this development.This item seeks
approval of the intergovernmental grant agreement and authority to spend the grant proceeds.
15.First Reading of Ordinance No.123,2022,Updating References in City Code to the Land
Use Code.
This purpose of this item is to update the City Code’s existing references to Land Use Code to
the new name Land Development Code.
Adopted on First Reading.
16.First Reading of Ordinance No.124,2022,Authorizing an Extension of the Temporary
Exception to the Land Use Code to Allow T-Mobile to Place a Temporary Wireless
Telecommunication Facility at 1800 East Harmony Road to Replace Lost Wireless Service
Coverage.
The purpose of this item is to extend the authorization 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 December 1,2022.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 and is to be used only until a permanent facility (proposed at
4518 Innovation Drive)is fully constructed in Spring 2023.
Adopted on First Reading.
17.First Reading of Ordinance No.125,2022,Conditionally Vacating a Portion of Crestridge
Street Right-of-Way.
The purpose of this item is to approve the conditional vacation of Crestridge Street right-of-way,
currently known as Crestridge Drive,that is no longer desirable or necessary to retain for street
purposes.Portions of the right-of-way area,once vacated,will be retained as public access and
emergency access easements to the City in order to provide continued access for the neighboring
properties.The right-of-way vacation will be conditional upon the construction of the extension of
Venus Drive.These conditions are outlined in detail in the Ordinance.
Adopted on First Reading.
END OF CONSENT CALENDAR
Mayor Pro Tern Francis rnoved,seconded by Councilmember Pignataro,to approve the
recommended actions on iterns 1-17 on the consent calendar.
The motion carried 7-0.
K)CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on
items adopted or approved on the Consent Calendar.)
Councilmember Peel highlighted item No.11,First Reading of Ordinance No.119,2022,Appropriating
Philanthropic Revenue Received Through City Give to Benefit Income-Qualified Youth Sports
Programming and Services in the Recreation Department.
City of Fort Collins Page 358 City Council Proceedings
L)STAFF REPORTS
None.
M)COUNCILMEMBER REPORTS
Councilmember Shirley Peel
•Recent listening session at Front Range Reptiles
•Attended the Linden Street ribbon cutting
•Participated in a Dutch-inspired intersection test
•Boards and Commissions interviews are currently occurring,and she thanked the applicants
•Small business recovery grants are still open
•Remembrance of Hugh McKean,a former Loveland City Councilmember and state
representative,who recently passed away
Councilmember Susan Gutowsky
•Participated in Linden Street ribbon cutting
•Met with restaurant owners
•Attended grand opening of affordable senior housing development on Drake near Timberline
•Attended bias workshop at the Senior Center
•Attended Habitat for Humanity fundraiser breakfast
•Attended Halloween symphony event at the Lincoln Center
Mayor Jeni Arndt
•Announced the Downtown lighting even Friday at 5:30 PM
•Condolences to Hugh McKean’s family
N)CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
None.
0)CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
18.First Reading of Ordinance No.126,2022,Being the Annual Appropriation Ordinance
Relating to the Annual Appropriations for Fiscal Year 2023;Adopting the Budget for the
Fiscal Years Beginning January 1,2023,and Ending December 31,2024;and Fixing the Mill
Levy for Property Taxes Payable in 2023.
The purpose of this item is to present the Annual Appropriation and Budget Ordinance for First
Reading.This Ordinance sets the City Budget for the two-year period (2023-2024)which becomes
the City’s financial plan for the next two fiscal years.This Ordinance sets the amount of
$778,543,584 to be appropriated for fiscal year2O23.However,this appropriated amount does not
include what is being budgeted and appropriated by separate Council/Board of Director actions to
adopt the 2023 budget for the General Improvement District (GID)No.I of $313,275,the 2023
budget for General Improvement District (OlD)No.15 (Skyview)of $1,000,the Urban Renewal
Authority (URA)2023 budget of $6,005,369 and the Downtown Development Authority 2023 budget
of $24,262,482.This results in the City-related total operating appropriation of $809,125,710 in
2023.
This Ordinance also sets the 2023 City mill levy at 9.797 mills,unchanged since 1991.
City of Fort Collins Page 359 City Council Proceedings
Travis Storm,Chief Financial Officer,commented on the process leading up to the presentation of
the budget and provided highlights of enhancement offers across the seven outcome areas.
Lawrence Pollack,Budget Director,summarized the changes that have been made to the budget
resulting from the work sessions and public hearings.
Public Comment
Joe Rowan commented on a false economy created with the federal funding resulting from the
pandemic.He stated the economy is likely heading into a recession and he urged Council to be
more conservative with its spending.
Council Questions and Comments
Councilmember Ohlson requested a staff response regarding Mr.Bruxvoort and the Water
Commission’s request to fund one full-time civil engineer as a project manager to facilitate the
replacement of utilities aging infrastructure.Jason Graham,Water Utility Executive Director,
replied the Water Commission is highly motivated to achieve a 1%replacement rate on water
infrastructure and the offer that will assist in getting to that point is currently unfunded.He stated
the FTE would help in achieving the 1%replacement rate.
Councilmember Ohison asked why the position was not funded.Storm replied a great deal of
turnover amongst the engineering staff has occurred and the desire was to determine whether the
right resources exist to execute on all capital projects that are already appropriated within the
budget.
Councilmember Ohlson asked if the position could come back as a mid-cycle offer.Storm replied
in the affirmative.
Councilmember Pignataro asked about offer 20.9 regarding Fort Collins Public Access.Storm
replied FC Public Media had requested the inclusion of this offer though there was some
reservation by staff as this would constitute a new and different operating agreement with FC Public
Media.
Councilmember Pignataro asked what other options the group has.Storm replied he is unequipped
to answer that question but assumed there may be some federal funding opportunities.City
Manager DiMartino clarified the City is required to have a public access studio as a result of its
franchise agreement with Comcast.She stated there is a competitive process involved and FC
Public Media,which is a non-profit,is the selected provider.She clarified the City does own the
studio equipment and provides office space at a discounted rate.
Councilmember Ohlson stated this situation is not analogous to other non-profit organizations
because of the franchise agreement.
Mayor Pro Tern Francis moved,seconded by Councilmember Pignataro,to adopt Ordinance
No.126,2022,on First Reading.
The motion carried 7-0.
Councilmember Ohlson thanked staff and management for their efforts and commended the
response to Council concerns.
Councilmember Peel thanked staff and acknowledged Mr.Rowan’s comments.
City of Fort Collins Page 360 City Council Proceedings
Mayor Pro Tern Francis thanked staff.
Mayor Arndt thanked all involved in the budget process.
19.Items Relating to 2023 Utility Rates,Fees,and Charges.
A.First Reading of Ordinance No.127,2022,Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Electric Rates,Fees and Charges and Updating Related Provisions.
B.First Reading of Ordinance No.128,2022,Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Water Rates,Fees and Charges.
C.First Reading of Ordinance No.129,2022,Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Wastewater Rates,Fees and Charges.
D.First Reading of Ordinance No.130,2022,Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Storm water Rates,Fees and Charges.
E.First Reading of Ordinance No.131,2022,Amending Chapter 26 of the Code of the City of
Fort Collins Regarding Calculation and Collection of Development Fees Imposed for the
Construction of New or Modified Electric Service Connections.
F.First Reading of Ordinance No.132,2022,Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Sewer Plant Investment Fees.
G.First Reading of Ordinance No.133,2022,Amending Chapter 26 of the Code of the City of Fort
Collins to Revise the Storm water Plant Investment Fees.
H.First Reading of Ordinance No.134,2022,Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Water Plant Investment Fees.
The purpose of this item is to consider Ordinances related to proposed 2023 rates and fees being
brought forward for Council consideration,including the following items:
Items (A-D)—Monthly utility charges to increase 5%for Electric customers,4%for Water
customers,4%for Wastewater customers,and 3%for Storm water customers.
Items (E—H)—A 9%inflationary increase to development fees including Electric Capacity Fees
(ECFs)and Water,Wastewater,Storm water Plant In vestment Fees (PlFs).
Lance Srnith,Utilities Finance Director,introduced Randy Rusher.
Randy Pusher,Utilities,discussed the difference between monthly fees and one-time
development fees and outlined the area served by City of Fort Collins Utilities.He detailed the
proposed monthly rate increases and one-time fees.He also discussed the portfolio of
affordability and efficiency programs,including the Income-Qualified Assistance Program,
medical assistance program,and water and electric retrofit programs.
Public Comment
None.
City of Fort Collins Page 361 City Council Proceedings
Council Questions and Comment
None.
Mayor Pro Tern Francis moved,seconded by Councilmernber Canonico,to adopt
Ordinance No.127,2022,on First Reading.
Councilmember Peel thanked staff for addressing her questions and reiterated her concerns
about moving completely toward solar and wind energy.
Councilmember Pignataro noted there was an extensive discussion about this topic at the Council
Finance Committee meeting and she stated the recording of that meeting is available for members
of the public.
The motion carried 7-0.
Mayor Pro Tern Francis moved,seconded by Councilmernber Pignataro,to adopt
Ordinance No.128,2022,on First Reading.
The rnotion carried 7-0.
Mayor Pro Tern Francis moved,seconded by Councilmember Pignataro,to adopt
Ordinance No.129,2022,on First Reading.
The motion carried 7-a
Mayor Pro Tem Francis moved,seconded by Coundilmember Canonico,to adopt
Ordinance No.130,2022,on First Reading.
The motion carried 7-a
Mayor Pro Tern Francis moved,seconded by Councilmember Pignataro,to adopt
Ordinance No.131,2022,on First Reading.
The motion carried 7-0.
Mayor Pro Tern Francis moved,seconded by Coundllmernber Ohison,to adopt Ordinance
No.132,2022,on First Reading.
The motion carried 7-0.
Mayor Pro Tern Francis moved,seconded by Councilmernber Pignataro,to adopt
Ordinance No.133,2022,on First Reading.
The motion carried 7-0.
Mayor Pro Tern Francis moved,seconded by Councilmember Gutowsky,to adopt
Ordinance No.134,2022,on First Reading.
The motion carried 7-0.
City of Fort Collins Page 362 City Council Proceedings
20.First Reading of Ordinance No.135,2022,Amending Chapter 26 of the Code of the City of
Fort Collins Related to Water,Wastewater and Electric Rates,Fees,and Charges Applied
Under the Income-Qualified Assistance Program.
The Income-Qualified Assistance Program (IQAP)that provides income-qualified Fort Collins
Utilities (Utilities)customers reduced rates on select Utilities services was introduced in October
2018 as a pilot program.The IQAP program bill adjustment effectivelyapplies a 23%rate discount
on electric,water,and wastewater services,and is due to expire December 31,2022.In July
2021,City Council approved moving the program from an application-based,opt-in program to
an auto-enroll,opt-out program,subject to participants’participation in the complementa,y state
Low-income Energy Assistance Program (LEAP).At that time,City Council also requested an
evaluation of the discounted rate percentage to ensure it was still sufficient to meet program
objectives.Since July 2021,participation in IQAP has increased 128%.Staff are seeking a motion
from City Council to adopt the program.The Council Finance Committee reviewed this proposal
on October20,2022 and provided staff direction for presentation to the full City Council.
Gretchen Stanford,Utilities Customer Connections Director,introduced her team and provided a
history of the Income-Qualified Assistance Program (IQAP).She stated this item would adopt the
IQAP as an ongoing program.
Heather Young,Community Engagement Manager,discussed the IQAP’s areas of strategic
alignment,including Neighborhood Livability and Social Health and Our Climate Future.
Shannon Ash,Utilities Affordability Supervisor,discussed the background of the IQAP and stated
staff would like to have the program be formally adopted prior to the end of the year so as to
prevent program participants from having any disruptions in their discounts.She stated the IQAP
provides a 23%rate reduction on electric,water,and wastewater services and she noted
customers are approved through the Low-Energy Assistance Program,or LEAP,and are
automatically enrolled in IQAP if they are approved through LEAP.She noted there are still
qualifying households that are not yet enrolled;therefore,staff will be doing specific and targeted
outreach during this time period of LEAP enrollment.
Young provided an update on the program and noted there was a 128%increase in enrollment
when the auto-enrollment component was instituted.She discussed the energy use for IQAP
customers and noted statistics showed it increased for IQAP customers in the initial years of
participation but evened out with non-IQAP customers after the third year of participation.She
summarized the benefits customers have experienced when being on the program and stated
staff is recommending the rate reduction be increased from 23%to 25%based on the fact that
utility bills have increased at a higher rate than income since 2018.She suggested the number
should be reexamined every three to five years and she outlined the financial implications to
customers and the utilities of that change,noting it would be nominal for the utilities and other
customers.Young summarized the reasons to make the IQAP a permanent utilities program.
Public Comment
None.
Council Questions and Comments
Mayor Arndt asked how the program works given Fort Collins water service does not
geographically cover the same area as Fort Collins electric service.Young replied customers only
receive the discount on the services they have with Fort Collins Utilities.
City of Fort Collins Page 363 City Council Proceedings
Mayor Pro Tern Francis supported the program becoming perrnanent and the rate reduction being
increased.Mayor Arndt concurred and stated she was glad to see water included in the prograrn.
Mayor Pro Tern Francis moved,seconded by Councilmernber Pignataro,to adopt
Ordinance No.135,2022,on First Reading.
The rnotion carried 7-0.
Clerk’s Note:MayorArndt called for a ten-minute break at 9:17p.m.The meeting resumed at 9:26 p.m.
21.Items Relating to the Adoption of the Land Development Code.
A.Second Reading of Ordinance No.114,2022,Repealing and Reenacting Section 29-1 of the
Code of the City of Fort Collins to Adopt the Land Development Code and Separately Codifying
the 1997 Land Use Code as “2022 Transitional Land Use Regulations”.
B.Second Reading of Ordinance No.115,2022,Amending the Zoning Map of the City of Fort
Collins to Rename all Neighborhood Conservation Low Density,Neighborhood Conservation
Medium Density,and Neighborhood Conservation Buffer Zone District to the Old Town Zone
District in Conjunction with the Adoption of the Land Development Code.
These Ordinances,adopted on First Reading on October 18,2022 by a vote of 6-1 (Nay:Qhlson),
consider adoption of changes to the City’s Land Use Code including renaming to the Land
Development Code.The Land Use Code (LUC)Phase I Update implements policy direction in
City Plan,the Housing Strategic Plan,and the Our Climate Future Plan.Changes are intended to
address one or more of the following Guiding Principles:
1.Increase overall housing capacity and calibrate market-feasible incentives for affordable
housing
2.Enable more affordability,especially near high frequency transit and priority growth areas
3.Allow more diverse housing choices that fit in with the existing context and priority place types
4.Make the LUC easier to use and understand
5.Improve predictability of the development review process,especially for housing
In conjunction with adoption of the Land Development Code,a con forming change to the zoning
map to rename the Neighborhood Conservation Low Density,Neighborhood Conservation
Medium Density,and Neighborhood Conservation Buffer Zone District to the Old Town zone
district is proposed by means of a rezoning.
At first reading,Council directed that “2022”be added to the term “Transitional Land Use
Regulations”to avoid possible confusion with the previous Transitional Land Use Regulations
utilized when the Land Use Code was adopted in 1997.
If adopted by Council,staff recommends that the proposed LUC changes and renaming to the
Old Town zone district take effect on January 1,2023.
Meaghan Overton,Housing Manager,noted the proposed updates to the City’s land use
regulations are a direct implementation of the City’s adopted policies and plans.She sumrnarized
Council’s actions at First Reading,including the 15 specific changes Council voted to add to the
public draft of the Land Development Code.She noted Council voted to adopt the Code overall
including those changes.
City of Fort Collins Page 364 City Council Proceedings
Noah Beals,Development Review Manager,further detailed the specific changes Council
adopted during First Reading as well as three edits that pertain to grammar,clarification,and
existing Code language that was not visible in the initial draft.
Public Comment
Robin Hause stated the change in the density needs to be revised downward as an increase in
density will result in a decrease in trees and increase in global warming.She opposed the
proposed changes to the Old Town zones and supported allowing public input for all development
projects.
Kathy Williams opposed the elimination of single-family neighborhoods and stated she believes
Old Town is being unfairly targeted.
James Burtis expressed support for the proposed Land Development Code updates.He
suggested the adoption of the Code should be followed up by a comprehensive affordable
housing plan.
Martha Hedrick stated this process has not been transparent and she was unaware of these
proposed changes until yesterday.She stated these changes would alter the character of Old
Town,which is known nation-wide for its charm.
Amy Hahn spoke in favor of many of the strategies put forth in the Land Development Code;
however,she expressed concern about the lack of data-driven background as to how the updates
will create affordable housing and about the lack of communication and outreach in the process.
Adam Eggleston expressed support for the proposed Land Development Code updates and
stated single-family and multi-family uses can co-exist.
Jim Troxell discussed the history of the Mantz neighborhood and its residents and expressed
concern the proposed Land Development Code changes may potentially change the unique
character and significance of Old Town.He requested Council postpone a vote until more
engagement of affected neighborhoods is completed.
Kristin Fritz,Housing Catalyst,expressed support for the proposed Land Development Code
updates stating it provides tools that reflect the City’s adopted goals related to affordable housing.
Joe Rowan,One Voice for Housing,expressed support for the proposed Land Development Code
updates.
Tom Ridgely stated he does not want to see the character of Old Town change.
Chris Holmquist-Johnson stated there was a lack of public input in this process and requested
neighborhood meetings not be eliminated from the development review process.
Virginia Pervis stated she appreciates the uniqueness of Old Town and stated there was not
enough public outreach in this process.She suggested employment should be mapped to
affordable housing locations.
Gary Fisher expressed concern about the lack of transparency and public input in this process.
He questioned how these changes will improve housing affordability.
Kevin Murray stated it has taken ten to twelve years to change the development review process
to allow the community to be notified early and these changes seem to be moving backward.
City of Fort Collins Page 365 City Council Proceedings
Paul Patterson opposed the public input process regarding the Land Development Code updates.
Suzanne Murray stated she worked hard to have her neighborhood designated as an historic
district and expressed concern the proposed allowed densities would change the character of the
district.
Susan Patchen stated these Code updates will lead to increased investment opportunities;
however,residents are not well represented.
Nicole Swan spoke in support of the Land Development Code updates.
Diane Marshky stated she was not aware of the Land Development Code updates and while she
understands the goals,she expressed concern there may be unintended consequences.She
specifically expressed concern about reduced parking requirements for affordable developments.
Mary Grant requested Council postpone this vote and expressed concern about the lack of
transparency in the process.She stated many of the proposed updates are too dramatic.
Council Questions and Comments
Mayor Pro Tem Francis requested clarification regarding how square footage is calculated in Old
Town.Beals replied the different calculation in Old Town has been in place for some time and is
calculated from outside wall to outside wall counting every floor at grade or above.He stated that
calculation formula was developed in part to maintain the character of the Old Town area and the
proposed changes maintain some of that while also tweaking the definition to align more with the
new building types being presented.
Mayor Pro Tern Francis asked about the process for the proposed multi-units that would be added
as an allowed use in Old Town.Beals replied building types that can relate to the character of
the neighborhoods were introduced as part of the form-based standards.He noted historic
preservation standards are not being changed and historic review as currently required will
remain.Overton noted the Old Town districts have specific building design requirements that
apply when things are changing.Additionally,none of the current setback requirements are
proposed to change.
Mayor Pro Tem Francis requested information about form-based standards.Overton replied the
new Code will regulate more what something looks like and how it relates to its context and less
about what is happening inside.She also noted the new Code proposes to carry forward the rear
lot area limitations.
Mayor Arndt noted the current Code already allows non-single-family homes in Old Town,citing
the townhomes on Mountain at Shields.Overton noted the zoning of that parcel was different
and allowed that use.
Councilmember Peel asked if adding these dwellings to Old Town would be supported by existing
utilities infrastructure.Beals replied Utilities updates and increases capacity as projects are
added.He noted capital expansion fees would be paid by any new development to help cover
costs.
Councilmember Peel asked about the concerns mentioned about parking.Beals replied parking
is a tradeoff in terms of increasing housing capacity and affordable housing.He stated the parking
standards that are proposed for reduction only apply to studio and one-bedroom units.For
affordable housing projects,the new parking requirements would match those that are currently
in the transit-oriented parking overlay zones.
City of Fort Collins Page 366 City Council Proceedings
Mayor Arndt requested staff review the public input process for the Code update project.Overton
replied it is an implementation action of many different policy and planning processes beginning
in 2018 with City Plan engagement,followed by the Housing Strategic Plan and Our Climate
Future in 2020 and 2021,both of which included their own years-long engagement processes.
She stated all the engagement processes resulted in specific policies that directed updates to the
City’s land use regulations and the Land Development Code is a tool the City has to shape the
built environment based on alignment with those policy documents.Overton discussed the
opportunities for public engagement since the draft Land Development Code was made available
to the public in July,including office hours,virtual public workshops,internal workshops,and
meetings with community groups and Boards and Commissions.
Councilmember Ohlson noted he never saw it clearly stated that single-family low-density housing
is set to be eliminated in 98%of the city.Additionally,he stated the ability for public input is being
reduced due to the elimination of neighborhood meetings and the involvement of the Planning
and Zoning Commission.He stated that is a massive governance and leadership failure.He
opposed the formation of the updates solely by people with a vested economic interest as
opposed to a broad sector of the city population.
Councilmember Peel requested clarification on Councilmember Ohlson’s comments related to
eliminating 98%of single-family zoning.Beals replied there are still zone districts that will not
allow multi-unit buildings;however,accessory dwelling units are being proposed to be allowed
throughout the city.Overton noted the different types of housing permitted in different zone
districts depends on geographic locations within the city.
Councilmember Peel asked if neighbors would still be notified of developments.Beals replied,
for any project that would increase density,mailings to the surrounding neighborhood will still
occur,signs will still be posted,and staff will be available for questions and comments via email
or in person.
Mayor Arndt asked if there is an instance in which a notification process would not occur.Beals
replied in the negative.
Councilmember Ohlson asked what new uses would be allowed in the low-density residential
zone district.Beals replied the proposed Code would allow a detached house with a detached
accessory dwelling unit,a detached house with an attached accessory dwelling unit,a duplex,or
a three-unit building if one of the units is deed-restricted affordable housing.
Councilmember Canonico asked about the number of out-of-state investors and the number of
units they own in the city.Overton replied she would collect that information and share the
statistics shortly.Councilmember Pignataro replied her recollection is that 90%of investors own
another rental and live in a unit.
Mayor Pro Tern Francis moved,seconded by Councilmember Canonico,to adopt
Ordinance No.114,2022,on Second Reading.
Councilmember Pignataro suggested adding links to the videos of work sessions and previous
meetings on this topic to the City’s website.
Councilmember Ohlson stated he believes the motives and intentions of the rest of Council are
sincere.However,he stated he does not support the proposed updates and stated this is one of
the worst proposals to ever make it this far with such extensive changes.He stated the elimination
of single-family zoning will negatively impact existing neighborhoods and residents and lead to a
denser more congested community with little to no impact on affordable housing.He stated this
proposal will eliminate neighborhood meetings,public hearings,and Planning and Zoning
City of Fort Collins Page 367 City Council Proceedings
Commission involvement which is a huge step backward.He stated increased density does not
create increased affordable housing.He suggested the Second Reading should be postponed
until the new year to garner additional public input.
Councilmember Gutowsky noted the number of comments related to members of the public
having not had enough time to understand these changes.She stated the City needs to do a
better job of informing community members of the impacts of the proposed updates.She
suggested postponing this vote and questioned the rush to adopt these updates.
Mayor Pro Tem Francis thanked the individuals who spoke.She concurred with Councilmember
Ohlson that these updates are a huge change but are more representative of what the community
wants.She noted housing choice has been listed as a number one priority over the years of
development of plans and policies and stated the Land Development Code is a technical
document that reflects that;therefore,there was a technical advisory committee to provide input.
She stated housing choice is essential to the foundation of the community.She stated the city
does not have the density to support inclusionary zoning that would require the development of
affordable housing.
Mayor Pro Tem Francis stated public hearings and the Planning and Zoning Commission are not
being eliminated;however,projects that meet the objectives and regulations are not required to
have a public hearing,though public involvement is still an option.She stated this is not a high-
density plan.
Councilmember Peel stated she still believes the name should be Land Use and Development
Code and opposes the 2,400 square foot limitation in Old Town and the restriction on square
footage of accessory dwelling units.However,she stated the city is growing and the needs of its
residents are changing,and this Code will help the city adapt to the changes.
Councilmember Canonico stated this Code reflects the values of the community which is seeking
diversity of housing,more affordability,and sustainability.She specifically cited the plan providing
options for seniors and the Code updates being data-driven.
Councilmember Peel noted the Land Use Code has not been updated since 1997 and
development happening under that Code is not beneficial,which is part of the reason for the rush
to make changes.She stated this process has been ongoing for three years and does not seem
rushed.
Councilmember Pignataro concurred and stated constituents want the accessory dwelling unit
option.
Mayor Arndt stated this Code makes generational changes and sets the city up for the next 50
years.She noted these changes are not going to occur overnight and she is solidly in support of
the changes.
Councilmember Gutowsky stated she believes the community will feel it has not been heard and
she will not support the motion.
The motion carried 5-2.
Ayes:Mayor Arndt,Mayor Pro Tern Francis,and Coundilmembers Pignataro,Canonico
and Peel.
Nays:Councilmembers Gutowsky and Ohison.
City of Fort Collins Page 368 City Council Proceedings
Mayor Pro Tern Francis moved,seconded by Councilmember Pignataro,to adopt
Ordinance No.115,2022,on Second Reading.
The motion carried 6-1.
Ayes:Mayor Arndt,Mayor Pro Tem Francis,and Councilrnernbers Gutowsky,Pignataro,
Canonico and Peel.
Nay:Coundilmember Ohison.
22.First Reading of Ordinance No.136,2022,Repealing and Reenacting Article IX of City Code
Chapter 20 Concerning Public Nuisances and Making Conforming Changes to City Code
Section 19-3.
The purpose of this item is for Council to consider the adoption of a new public nuisance ordinance
(PNO)that allows for a clearer,broader definition of public nuisance and adds new enforcement
mechanism for abating public nuisances and chronic nuisance properties.The new PNQ will
allow staff to address the current community issues and nuisance situations more effectively.
City Manager DiMartino gave Council the option to discuss this item at its next work session prior
to considering it at a regular meeting.
Mayor Pro Tem Francis moved,seconded by Coundilmember Peel,to postpone
consideration of Ordinance No.136,2022,to November 15,2022.
The motion carried 7-0.
P)OTHER BUSINESS
OB 1.Possible consideration of the initiation of new ordinances and/or resolutions by
Councilmembers.
No other business was discussed.
0)ADJOURNMENT —11:26 pm
There being no further business before the Council,the meeting adjourned at 11:26 p.m.to a
meeting of the General Improvement District No.1.
City Clerk
City of Fort Collins Page 369 City Council Proceedings