HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 01/17/2023 - REGULAR MEETINGFort Collins City Council Agenda
Regular Meeting
6:00 p.m. Tuesday, January 17, 2023
City Council Chambers at City Hall, 300 Laporte Ave, Fort Collins, CO 80521
Zoom Webinar link: https://zoom.us/j/98241416497
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A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para
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con discapacidad, para que puedan acceder a los servicios, programas y actividades de la
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City of Fort Collins Page 1 of 9 City Council Summary Agenda
City Council Regular
Meeting Agenda
January 17, 2023 at 6:00 PM
Jeni Arndt, Mayor
Emily Francis, District 6, Mayor Pro Tem
Susan Gutowsky, District 1
Julie Pignataro, District 2
Tricia Canonico, District 3
Shirley Peel, District 4
Kelly Ohlson, District 5
City Council Chambers 300
Laporte Avenue, Fort Collins &
via Zoom at
https://zoom.us/j/98241416497
Cablecast on FCTV
Channel 14 on Connexion
Channel 14 and 881 on Xfinity
Carrie Daggett Kelly DiMartino Anissa Hollingshead
City Attorney City Manager City Clerk
PROCLAMATIONS & PRESENTATIONS
5:00 PM
A) PROCLAMATIONS AND PRESENTATIONS
REGULAR MEETING
6:00 PM
B) CALL MEETING TO ORDER
C) PLEDGE OF ALLEGIANCE
D) ROLL CALL
E) CITY MANAGER'S AGENDA REVIEW
•City Manager Review of Agenda
•Consent Calendar Review, including removal of items from Consent Calendar for
individual discussion.
F) COMMUNITY REPORTS
G) PUBLIC COMMENT ON ANY TOPICS OR ITEMS OR COMMUNITY EVENTS
(Including requests for removal of items from Consent Calendar for individual discussion.)
Individuals may comment regarding any topics of concern, whether or not included on this agenda.
Comments regarding land use projects for which a development application has been filed should be
submitted in the development review process** and not to Council.
• Those who wish to speak are required to sign up using the online sign-up system available at
www.fcgov.com/council-meeting-participation-signup/
City of Fort Collins Page 2 of 9
• Each speaker will be allowed to speak one time during public comment. If a speaker comments on
a particular agenda item during general public comment, that speaker will not also be entitled to
speak during discussion on the same agenda item.
• All speakers will be called to speak by the presiding officer from the list of those signed up. After
everyone signed up is called on, the presiding officer may ask others wishing to speak to identify
themselves by raising their hand (in person or using the Raise Hand option on Zoom), and if in
person then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those
who are not able to stand while waiting).
• The presiding officer will determine and announce the length of time allowed for each speaker.
• Each speaker will be asked to state his or her name and general address for the record, and, if
their comments relate to a particular agenda item, to identify the agenda item number. Any written
comments or materials intended for the Council should be provided to the City Clerk.
• A timer will beep one time and turn yellow to indicate that 30 seconds of speaking time remain and
will beep again and turn red when a speaker’s time has ended.
[**For questions about the development review process or the status of any particular development,
consult the Development Review Center page on the city’s website at
https://www.fcgov.com/developmentreview/, or contact the Development Review Center at
970.221.6760.]
H) PUBLIC COMMENT FOLLOW-UP
I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
CONSENT CALENDAR
The Consent Calendar is intended to allow council to spend its time and energy on the important items
on a lengthy agenda. Staff recommends approval of the Consent Calendar. Agenda items pulled from
the Consent Calendar by either Council or the City Manager will be considered separately under the
their own Section, titled “Consideration of Items Removed from Consent Calendar for Individual
Discussion.” Items remaining on the Consent Calendar will be approved by Council with one vote. The
Consent Calendar consists of:
• Ordinances on First Reading that are routine;
• Ordinances on Second Reading that are routine;
• Those of no perceived controversy;
• Routine administrative actions.
1. Second Reading of Ordinance No. 150, 2022, Amending Ordinance No. 084, 2022 to Amend
the Effective Date of the 2022 Council District-Precinct Map.
This Ordinance, adopted 6-0 on December 20, 2022, amends Ordinance No. 084, 2022,
Amending the City of Fort Collins District-Precinct Map, adopted on second reading on July 19,
2022, in order to move forward clarification and amendment of the District-Precinct Map in order
to eliminate confusion and practical impacts and inconsistencies in Councilmember districts.
City of Fort Collins Page 3 of 9
2. Second Reading of Ordinance No. 152, 2022, Amending the Definition of Discrimination in
City Code Chapter 13 to Prohibit Discrimination on the Bases of Sexual Orientation,
Gender Identity and Gender Expression.
This Ordinance, adopted 6-0 on December 20, 2022, modifies anti-discrimination language in City
Code Chapter 13, Article II, to prohibit discrimination on the bases of “sexual orientation, gender
identity and gender expression.” Absent this new language, our residents in these classes feel
unprotected from discrimination, resulting in not including “all” in our growing community. The
amendment advances the City of Fort Collins’ vision to be a safe and welcoming community for
all.
3. Second Reading of Ordinance No. 153, 2022, Amending Section 2-569 of the Code of the
City of Fort Collins to Update and Clarify the Process for Review of Ethics Complaints.
This Ordinance, adopted 6-0 on December 20, 2022, updates the Code provisions describing the
ethics complaint process and establishing a new process for screening and investigation of
complaints alleging ethics violations by Councilmembers. The Ethics Review Board met in
November 2021, January 2022, May 2022, and October to discuss options for improvements to
the ethics complaint screening and review process. The Ethics Review Board recommended the
changes in the Ordinance for adoption.
4. First Reading of Ordinance No. 001, 2023, Appropriating Funds in the General Fund for
2023 Increases in Salary Compensation for the Mayor and Councilmembers as Approved
by the City of Fort Collins Voters on November 8, 2022, by the Amendment of Section 3 in
Article II of the City Charter.
The purpose of this item is for a General Fund supplemental appropriation to fund 2023-2024
Budget Offer 28.12 - City Council Voter Approved Pay Increase but only for fiscal year 2023. This
budget request was not funded in the 2023 annual appropriation since the election results of the
2022 City-Initiated Charter Amendment No. 1 (Council Compensation) ballot initiative would not
be known until after First Reading of the City’s annual appropriation ordinance for 2023. The
initiative was approved by Fort Collins voters and this action is to appropriate the increased
spending in the General Fund to implement the ballot initiative for the salary increases in 2023.
5. First Reading of Ordinance No. 002, 2023, Appropriating Philanthropic Revenue Received
Through City Give for the Acquisition of a Community Soundstage in the Parks
Department.
The purpose of this item is to request appropriation of $250,000.00 in philanthropic revenue
received by City Give for Parks for the purchase and acquisition of a community soundstage.
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.
6. First Reading of Ordinance No. 003, 2023, Declaring a Portion of City-Owned Property at
835 Wood Street as Right-of-Way.
The purpose of this item is to declare a strip of property owned by the City as road right -of-way
(ROW) via the proposed plat for the Fort Collins Fleet Maintenance Subdivision. City staff recently
discovered that a portion of the City’s property at 835 Wood Street is being used for public street
purposes, but was never dedicated or declared to be public ROW. This Ordinance establishes
this portion of the property as ROW for Wood Street and authorizes the City Manager to dedicate
such ROW through execution of the plat.
City of Fort Collins Page 4 of 9
7. First Reading of Ordinance No. 004, 2023, Authorizing the Sale of the Real Property
Located at 945 East Prospect Road to Kum & Go, L.C.
The purpose of this item is to authorize the sale of the City-owned property located at 945 East
Prospect Road to Kum & Go, L.C., an Iowa limited liability company (Kum & Go), for $403,000.
The sales price was determined by an appraisal by CBRE Valuation and Advisory Services, which
provides on-call property appraisals for the City. A purchase and sale agreement was executed
by Kum & Go and the City Manager on November 3, 2022. Completion of the purchase is
contingent on City Council’s approval of the sale by its final adoption of this Ordinance in
accordance with Section 23-111 of the City Code, and approval of the final development plans by
the City’s Director of Community Services and Neighborhood Development.
8. First Reading of Ordinance No. 005, 2023, Appropriating Prior Year Reserves and
Authorizing Transfers of Appropriations for the 215 North Mason Municipal Court 15-Year
Buildout Design and Related Art in Public Places.
The purpose of this item is to receive Council approval for an appropriation for Design of the 215
North Mason Municipal Court 15-year build-out using Capital Expansion Fees.
9. First Reading of Ordinance No. 006, 2023, Appropriating Prior Year Reserves in the
Transportation Capital Expansion Fee Fund for Eligible Reimbursement to the Northfield
Developer for the Construction of Suniga Road Improvements.
The purpose of this item is to appropriate $2,081,548 of Transportation Capital Expansion Fee
(TCEF) Funds for expenditure from the Transportation Capital Expansion Fee Program Budget
to reimburse the Northfield developer for its oversizing construction of Suniga Road. The
Northfield developer has constructed Suniga Road as a four-lane arterial to City standards as part
of its development requirements. Per Section 24-112 of the City Code, the developer is eligible
for reimbursement from Transportation Capital Expansion Fee (TCEF) funds for the oversized,
non-local portion of Suniga Road not attributed to the local portion obligation.
10. Resolution 2023-001 Authorizing an Intergovernmental Agreement Between the Cities of
Fort Collins, Greeley and Loveland for the Exchange of Judicial Services, and Appointing
Temporary Judges.
The purpose of this item is to authorize an intergovernmental agreement (IGA) with t he Cities of
Greeley and Loveland for judicial services to be used in the event that a conflict of interest or
other circumstance prevents the Municipal Judge and assistant judges from hearing a particular
Municipal Court case. This agreement is intended to replace an existing 2020 IGA between Fort
Collins, Loveland, and Greeley. This agreement is updated to include all current, eligible judges
from each jurisdiction.
11. Items Relating to the Appointment of Assistant Municipal Judges.
A. Resolution 2023-002 Reappointing Kristin Brown as an Assistant Municipal Judge of the Fort
Collins Municipal Court and Authorizing the Execution of an Employment Agreement.
B. Resolution 2023-003 Reappointing Vicki Cirbo as an Assistant Municipal Judge of the Fort
Collins Municipal Court and Authorizing the Execution of an Employment Agreement.
C. Resolution 2023-004 Reappointing Michelle Kline as an Assistant Municipal Judge of the Fort
Collins Municipal Court and Authorizing the Execution of an Employment Agreement.
City of Fort Collins Page 5 of 9
D. Resolution 2023-005 Reappointing Brandi Nieto as an Assistant Municipal Judge of the Fort
Collins Municipal Court and Authorizing the Execution of an Employment Agreement.
E. Resolution 2023-006 Reappointing Courtney Patterson as an Assistant Municipal Judge of
the Fort Collins Municipal Court and Authorizing the Execution of an Employment Agreement.
F. Resolution 2023-007 Appointing Sarah Simchowitz as an Assistant Municipal Judge of the
Fort Collins Municipal Court and Authorizing the Execution of an Employment Agreement.
The purpose of this item is to reappoint all current Assistant Municipal Judges for a term of two
years and to appoint Sarah Simchowitz to her first two year term. The City Charter provides for
the appointment of judges of the Municipal Court for two (2) year terms. Chief Judge Jill A. Hueser
recommends that all current Assistant Municipal Judges be reappointed, to serve in the absence
of the Chief Judge.
12. Resolution 2023-008 Authorizing the Execution of an Intergovernmental Agreement
Between the City of Fort Collins and the Fort Collins Downtown Development Authority
Regarding the Renovation and Redevelopment of Olive Street Alley, Harper Goff Alley and
East Myrtle Street Alley.
The purpose of this item is to authorize the execution of an Intergovernmental Agreement (the
“IGA”) between the City and the Downtown Development Authority (the “DDA”) for renovation and
redevelopment of Olive Street, Harper Goff and East Myrtle Street Alleys. The alley names listed
are temporary and are designated as such only for the purpose of identification in the IGA and
during design and construction. These alleys will be named in the future after consideration of the
City's practice of naming downtown alleys to honor exemplary individuals who reflect the historic
and cultural geography of the downtown area.
13. Resolution 2023-009 Adopting Findings of Fact in Support of the City Council’s Decision
to Remand to the Historic Preservation Commission for Rehearing the Determination of
Eligibility for Landmark Designation of the Service Station Located at 825 North College
Avenue.
The purpose of this item is to adopt findings of fact in support of City Council’s decision to remand
back to the Historic Preservation Commission (“HPC”) the Landowner’s application and appeal
concerning the service station located at 825 North College Avenue. The HPC’s decision, which
was appealed to Council, found that the service stations is a historic resource for the purposes of
development review under Land Use Code Section 3.4.7 and, therefore, is eligible for Landmark
Designation. Council heard the Landowner’s appeal on December 20, 2022, and denied the claim
that the HPC conducted an unfair hearing, but remanded the matter to the HPC for consideration
of additional evidence in determining eligibility for designation.
14. Resolution 2023-010 Approving an Intergovernmental Agreement Between the City of Fort
Collins and the United States Drug Enforcement Administration to Staff an Anti-Narcotics
Trafficking Taskforce.
The purpose of this item is to obtain approval for an Intergovernmental Agreement between the
City and the United States Drug Enforcement Administration (DEA) to station one Fort Collins
Police Services (FCPS) police officer with a DEA anti-narcotics trafficking taskforce
headquartered in Denver.
15. Resolution 2023-011 Authorizing Amendment One to the Intergovernmental Agreement
Regarding Larimer County Regional Opioid Settlement Implementation.
City of Fort Collins Page 6 of 9
The purpose of this item is to approve an amendment to Regional Intergovernmental Agreement
approved in Resolution 2022-055 adopted by Council in May 2022 to add the Town of Estes Park
as a participating local government. Current participants include Larimer County, City of Fort
Collins, City of Loveland, and Town of Wellington. The amendment adds an Estes Park
representative to the Regional Opioid Abatement Council that oversees funding received by the
Larimer County Region from the national settlements reached with opioid distributors and
manufacturers.
16. Resolution 2023-012 Appointing Daniel Benton and Carl Pratt to the Fort Collins Tourism
Improvement District Board of Directors.
The purpose of this item is to appoint Daniel Benton and Carl Pratt to the Fort Collins Tourism
Improvement District (District) Board of Directors. Daniel Benton will serve a second term
representing large lodging establishments and Carl Pratt will serve as an at-large director. The
terms for both directors will begin January 17, 2023, and end January 17, 2026. The District Board
has adopted resolutions nominating both directors in 2022.
17. Resolution 2023-013 Repealing Resolution 2001-120, Establishing Criteria for Arterial
Intersection Analysis.
The purpose of this item is to consider repealing Resolution 2001-120. This resolution established
that:
• An intersection alternatives analysis must be completed for any major improvement at
arterial/arterial and arterial/collector intersections to assist transportation staff in determining the
most appropriate improvements for the intersection.
• The analysis shall include evaluation of a roundabout and traditional intersection improvements.
• The City Manager shall submit proposals for roundabouts to City Council for a final
determination. This is not required if a roundabout is not selected as the preferred alternative.
Very few modern roundabouts were in use in the Front Range in the early 2000’s and this
resolution was a tool to help encourage their implementation. Roundabouts have become much
more common since then, and several have been successfully constructed in Fort Collins and
surrounding communities. In general, roundabouts have proven to be an efficient and safe
intersection control type for certain intersections. Additionally, Fort Collins adopted the Master
Street Plan, which identified many intersections throughout the community as potential locations
for roundabouts.
Alternatives outside of traditional intersection controls and roundabouts should also be considered
as we move forward to better align with the vision and priorities of our community and allow Fort
Collins to remain nimble to innovations in traffic engineering and design.
Repealing this resolution will:
• Allow the City to evolve and improve our intersection alternatives criteria to reflect the vision,
priorities and conditions of our community at the time.
• Allow additional intersection alternatives to be considered beyond roundabouts and traditional
intersections.
• Change authority on the final determination of roundabouts from City Council’s authority to City
staff.
City of Fort Collins Page 7 of 9
END OF CONSENT CALENDAR
J) ADOPTION OF CONSENT CALENDAR
K) CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on
items adopted or approved on the Consent Calendar.)
L) STAFF REPORTS
Volunteer Services Program
M) COUNCILMEMBER REPORTS
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
The method of debate for discussion items is as follows:
• Mayor introduced the item number and subject; asks if formal presentation will be made by staff
• Staff presentation (optional)
• Mayor requests public comment on the item (three minute limit for each person)
• Council questions of staff on the item
• Council motion on the item
• Council discussion
• Final Council comments
• Council vote on the item
Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure
all have an opportunity to speak. The timer will buzz when there are 30 seconds left and the light will
turn yellow. It will buzz again at the end of the speaker’s time.
18. Reconsideration 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”, Following
a Successful Referendum Petition.
The purpose of this item is to provide Council with the options available for action following the
presentation of a petition certified as sufficient for referendum. These options include:
• OPTION 1: Repealing the Ordinance subject to the referendum petition;
A. First Reading of Ordinance No. 007, 2023, Repealing 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”.
If this option is approved, Council may choose to discuss next steps regarding any future shifts to
the current Land Use Code.
or
City of Fort Collins Page 8 of 9
• OPTION 2A: Referring the Ordinance to a vote of the registered electors of the City. Such
referral can be to the next regular or special election called for any other purpose or can
be to a special election called for that specific purpose:
B. Resolution 2023-014, Referring 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” to a Vote of the
Registered Electors of the City at the Next Municipal Election.
and, if desired, OPTION 2B:
C. First Reading of Ordinance No. 008, 2023, Calling a Special Municipal Election for the Purpose
of Submitting to the Registered Electors a Citizen Referendum 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 the1997 Land use Code as “2022 Transitional Land
Use Regulations”.
19. Items Relating to Rental Housing Program.
A. First Reading of Ordinance No. 009, 2023, Adopting a Rental Housing Program as an
Implementation Action of the Housing Strategic Plan and the Our Climate Future Plan.
B. First Reading of Ordinance No. 010, 2023, Appropriating Prior Year Reserves in the General
Fund for the Start Up Phase of the Rental Housing Program.
The purpose of this item is to consider the adoption of a Rental Housing Program. Ordinance No.
009, 2023 would amend the City Code to create the regulations for a Rental Housing Program
that includes registration and proactive rental inspections and relocate and add new definitions
within Article VI of Chapter 5. Ordinance No. 010, 2023, would approve an off-cycle general fund
appropriation in the amount of $750,000 to support the start-up phase of the proposed program
in 2023. An additional $850,000 will be requested to complete the start-up phase in 2024.
The development of a Rental Housing Program implements policy direction in both the Housing
Strategic Plan (2021) and the Our Climate Future Plan (2021):
• Housing Strategic Plan, Strategy 20 – Explore the option of a mandated rental license/registry
program for long-term rentals and pair with best practice rental regulations
• Our Climate Future Plan, Strategy HAH6 – Explore the option of mandated rental licensing/rental
registry with minimum standards for health, safety, stability, and efficiency
If adopted by City Council, staff recommends that the proposed Rental Housing Program
commence the start-up phase in October 2023. The time period between adoption and start-up
will be used to hire and train staff, implement new software, and conduct education and outreach
with landlords, tenants, property managers, and others impacted by the Rental Housing Program.
20. Items Related to Code Amendments to Update and Align Wireless Communication Facility
Regulations with the Wireless Telecommunications Master Plan
A. First Reading of Ordinance No. 011, 2023, Amending the Fort Collins Land Use Code to
Update Standards for Wireless Communications Facilities Consistent with the Wireless
Telecommunications Master Plan.
City of Fort Collins Page 9 of 9
B. First Reading of Ordinance No. 012, 2023, Amending the Code of the City of Fort Collins to
Update Standards for Wireless Communications Facilities in Public Highways Consistent with the
Wireless Telecommunications Master Plan.
The purpose of the update to the Wireless Communication section of the Land Use Code and
corresponding revisions to the City Code is to ensure City standards and requirements for
wireless communication development proposals align with the goals, policies, and implementation
strategies of the recently adopted Wireless Telecommunications Master Plan and current state
and federal regulatory standards. Doing so will enable the City to fully exercise its regulatory
authority during the review and siting of new wireless communication infrastructure throughout
the community. The Planning and Zoning Commission has reviewed and recommended approval
of the revised City Code and Land Use Code language.
P) OTHER BUSINESS
OB 1. Possible consideration of the initiation of new ordinances and/or resolutions by
Councilmembers.
(Three or more individual Councilmembers may direct the City Manager and City Attorney to
initiate and move forward with development and preparation of resolutions and ordinances not
originating from the Council's Policy Agenda or initiated by staff.)
Q) ADJOURNMENT
Every regular Council meeting will end no later than midnight, except that: (1) any item of business
commenced before midnight may be concluded before the meeting is adjourned and (2) the Council
may, at any time prior to adjournment, by majority vote, extend a meeting beyond midnight for the
purpose of considering additional items of business. Any matter that has been commenced and is still
pending at the conclusion of the Council meeting, and all matters for consideration at the meeting that
have not yet been considered by the Council, will be deemed continued to the next regular Council
meeting, unless Council determines otherwise.
Upon request, the City of Fort Collins will provide language access services for individuals who have
limited English proficiency, or auxiliary aids and services for individuals with disabilities, to access City
services, programs and activities. Contact 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for
assistance. Please provide advance notice. Requests for interpretation at a meeting should be made by
noon the day before.
A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no
dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que
puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al
970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione aviso previo cuando sea
posible. Las solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día
anterior.