HomeMy WebLinkAboutMINUTES-02/07/2023-RegularFebruary 7,2023
COUNCIL OF THE CITY OF FORT COLLINS,COLORADO
Council-Manager Form of Government
Regular Meeting —6:00 PM
PROCLAMATIONS &PRESENTATIONS
5:00 PM
A)PROCLAMATIONS AND PRESENTATIONS
PP 1.Proclaiming February 19-25,2023 as National Engineers Week.
Mayor Jeni Arndt presented the above proclamation at 5:00 p.m.
REGULAR MEETING
6:00 PM
8)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 (arrived at 6:26 p.m.)
Councilmember Shirley Peel
Councilmember Kelly Ohlson
STAFF PRESENT
City Manager Kelly DiMartino
City Attorney Carrie Daggett
City Clerk Anissa Hollingshead
E)CITY MANAGER’S AGENDA REVIEW
City Manager Kelly DiMartino provided an overview of the agenda,including:
•There were no changes to the published agenda.
•All items on the consent agenda were recommended for approval.
City of Fort Collins Page 441 City Council Proceedings
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.)
Adam Eggleston,Fort Collins resident,spoke regarding a few items,including housing related items.
Relating to the Land Development Code,he urged finding common ground to move forward including
taking related changes quickly around occupancy regulations.He also suggested looking at impact
fees and how restructuring them could incentivize smaller housing units to help increase more housing
options as well.He also expressed support for the Victim Services Grants on tonight’s agenda.
Stacy Lynne,investigative journalist,spoke regarding John Feyen being sworn in as Larimer County
Sheriff and a recent district court ruling against Feyen regarding his conduct when he was with Fort
Collins Police.She shared her experience having a tracking device placed on her vehicle by Feyen
without a warrant when he was previously with the Larimer County Sheriff’s Office.
Jerry Gavaldon,Fort Collins resident,spoke regarding the proposed trash contract with Republic
Services and his concems regarding the potential for a monopoly and the elimination of choice for
residents.
Dennis Gatlin,Fort Collins resident,spoke as the chair of the Boxelder Sanitation District Board
regarding the proposed 1041 regulations under consideration.He spoke regarding the duplication of
existing sewer regulations at other levels of govemment and how they would result in additional costs
for sanitation district customers.
H)PUBLIC COMMENT FOLLOW-UP
Mayor Jeni Arndt requested written follow up about impact fees and how they incentivize larger homes.
I)COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
Councilmember Ohlson requested to pull item 12 from the consent calendar.
J)CONSENT CALENDAR
1.Consideration and Approval of the Minutes of the December 6,2022 and December 20,
2022,Regular Council Meetings.
The purpose of this item is to approve the minutes of the December 6,2022 and December 20,
2022 regular Council meetings.
Adopted.
2.Second 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 Ordinance,unanimously adopted on First Reading on January 17,2023,is 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 appmpriation since the election results of the 2022 City-Initiated Chafler
Amendment No.I (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
City of Fort Collins Page 442 City Council Proceedings
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.
Adopted on Second Reading.
3.Second Reading of Ordinance No.002,2023,Appropriating Philanthropic Revenue
Received Through City Give for the Acquisition of a Community Soundstage in the Parks
Department.
This Ordinance,unanimously adopted on First Reading on January 17,2023,requests
appropriation of $250,000.00 in philanthropic revenue rece Wed 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.
Adopted on Second Reading.
4.Second 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,
which was unanimously adopted on First Reading on January 17,2023,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.
Adopted on Second Reading.
5.Second 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,which was unanimously adopted on First Reading on January 17,2023,
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.
Adopted on Second Reading.
City of Fort Collins Page 443 City Council Proceedings
6.Second 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.This Ordinance
was unanimously adopted on First Reading on January 17,2023.
Adopted on Second Reading.
7.Second 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 North field developer for its oversizing construction of Suniga Road.The
North field 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.This
Ordinance was unanimously adopted on First Reading on January 17,2023.
Adopted on Second Reading.
8.Second 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”.
On January 17,2023,Council unanimously adopted this Ordinance on First Reading from the
options available to it upon the presentation of a petition certified as sufficient for referendum.
Adopted on Second Reading.
9.Items Related to Code Amendments to Update and Align Wireless Communication Facility
Regulations with the Wireless Telecommunications Master Plan
A.Second 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.
B.Second 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.These
Ordinances were unanimously adopted on First Reading on January 17,2023.
City of Fort Collins Page 444 City Council Proceedings
To avoid confusion with the Codifier in accurately updating the Land Use Code,a new Section
47 has been added to Ordinance No.011,2023,to specifically state that the definitions of
“Wireless telecommunication equipment”,“Wireless telecommunication facility”and “Wireless
telecommunication services”are deleted from Section 5.1.2 of the Land Use Code.This is not a
substantial change to the Code language Council approved on First Reading.
Adopted Both Ordinances on Second Reading.
10.First Reading of Ordinance No.013,2023,Appropriating Unanticipated Grant Revenue
From the Colorado Community Revitalization Grant Program in the Cultural Services &
Facilities Fund for the Renovation of the Carnegie Center for Creativity and Approving the
Associated Grant Agreement
The purpose of this item is to appropriate unanticipated grant revenue in the Cultural Services &
Facilities Fund for the renovation of the Carnegie Center for Creativity.This appropriation
includes $2,400,000 of supplemental grant revenues awarded on November 25,2022,provided
by the State of Colorado through the Colorado Creative Industries Office.
Adopted on First Reading.
11.First Reading of Ordinance No.014,2023,Appropriating Philanthropic Revenue Received
by City Give for Tree Planting in the Forestry Department.
The purpose of this item is to request appropriation of $50,000.00 in philanthropic revenue
received by City Give for Forestry,Community 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.015,2023,Appropriating Philanthropic Revenue By City
Give and Conservation Trust Funds for the Construction of the 9111 Memorial at Spring
Park and Related Art in Public Places.
The purpose of this item is to request appropriation of $480,765.00 for the designated purpose
toward the construction of the 9/11 Memorial at Spring Park,2100 Mathews Steet,Fort Collins,
CO.
A partnership between the City of Fort Collins and Poudre Fire Authority,the 9/Il Memorial will
be located in midtown Fort Collins,and will honor firefighters,emergency medical technicians,
law enforcement officers,and nearly 3,000 others who lost their lives on September 11,2001.
Pulled from Consent Calendar to Allow for Discussion
City of Fort Collins Page 445 City Council Proceedings
13.Items Relating to the 2023 City Classified Employee Pay Plan as Provided in the Collective
Bargaining Agreement with the Fraternal Order of Police.
A.First Reading of Ordinance No.016,2023,Adopting the 2023 Amended City Classified
Employee Pay Plan to Update Classified Positions as Provided in the Collective
Bargaining Agreement with the Fraternal Order of Police.
B.First Reading of Ordinance No.017,2023,Appropriating Prior Year Reserves in the
General Fund for the Cost of Police Services Salary and Benefit Increases as Provided
in the Collective Bargaining Agreement with the Fraternal Order of Police.
The purpose of this item is to recommend changes to the 2023 City Classified Employee Pay
Plan based on an annual market analysis conducted as agreed upon through the 2022-2024
Collective Bargaining Agreement (the “Agreement”)with the Northern Colorado Lodge #3 of the
Fraternal Order of Police (“FOP”).The Agreement was approved by Council by Resolution on
December 7,2021.The Agreement specifies a salary data collection method and evaluation
process that includes market data as of early January.This data has been collected and
analyzed,resulting in the revised 2023 City Classified Employee Pay Plan.
Adopted Both Ordinances on First Reading.
14.Items Relating to The Landing at Lemay Plan Amendment to the City Structure Plan Map
and Rezoning.
A.First Reading of Ordinance No.018,2023 Amending the City’s Structure Plan Map.
B.Public Hearing and First Reading of Ordinance No.019,2023 Amending the Zoning
Map of the City of Fort Collins by Changing the Zoning Classification of that Certain
Property Known as The Landing at Lemay Rezoning.
The purpose of this item is to amend the City’s Structure Plan Map,which is part of City Plan,to
change the place type land use designation of approximately 17 acres of land east of the Lemay
Avenue and Duff Drive intersection from the Industrial Place Type to the Mixed Neighborhood
Place Type and to rezone the property from the Industrial (I)District to the Medium Density Mixed
Use Neighborhood (MMN)District.
In order to approve a Structure Plan Map change,Council must determine that the Structure Plan
Map is in need of the proposed amendment,and that the proposed amendment will promote the
public welfare and will be consistent with the vision,goals,principles,and policies of City Plan
and its elements.
The rezoning request is subject to criteria in Section 2.9.4 of the Land Use Code.The rezoning
may be approved,approved with conditions,or denied by Council after receiving a
recommendation from the Planning and Zoning Commission,which voted 5-I at their December
2022 hearing to recommend approval of the request with two conditions as recommended in the
staff report and with agreement from the petitioner.
The rezoning is a quasi-judicial mailer and if it is considered on the discussion agenda,it will be
considered in accordance with Section 2(d)of the Council’s Rules of Meeting Procedures
adopted in Resolution 2022-068.The Structure Plan Map amendment is a legislative matter.
Adopted Both Ordinances on First Reading.
City of Fort Collins Page 446 City Council Proceedings
15.Items Relating to Victim Services Grants.
A.First Reading of Ordinance No.020,2023,Making Supplemental Appropriation from
the Eighth Judicial District Victim Assistance and Law Enforcement Board for the
Fort Collins Police Services Victim Services Unit.
B.First Reading of Ordinance No.021,2023,Making Supplemental Appropriation from
the Colorado Division of Criminal Justice under the Federal Victim of Crime Act for
the Fort Collins Police Services Victim Services Unit
The purpose of these items is to help fund the Victim Services Unit of Fort Collins Police Services
for victim advocacy services which are required under the Colorado Victim Rights Amendment
for victims of crime and their family members.
The Victim Services Unit has been awarded a $70,000 VALE grant for the period from January
1,2023,to December 31,2023.The VALE grant is awarded through the Eighth Judicial District
Victim Assistance and Law Enforcement (VALE)Board to help fund services provided by the
Victim Services team.This grant will fund one part-time victim advocate,as well as 65%of the
salary of a contractual 40-hour per week victim advocate.
The Victim Services Unit has also been awarded a 24-month grant in the amount of $47,959 for
the period from January 1,2023,to December 31,2024,by the Colorado Division of Criminal
Justice under the Federal Victim of Crime Act (VOCA).The amount to be received in 2023 is
$23,979 with the remaining amount to be received in 2024.This grant will help fund services
provided by the Victim Services Unit These funds will be used to pay 35%of the salary for the
victim advocate who provides crisis intervention services for sexual assault victims between the
school ages of kindergarten through 12th grade.
Adopted Both Ordinances on First Reading.
16.First Reading of Ordinance No.022,2023,Making Supplemental Appropriations and
Authorizing Transfers for the Environmental Services Radon Program.
The purpose of this item is to appropriate unanticipated grant revenue in the General Fund for
the Environmental Services Radon Program.This appropriation includes $9,000 of grant
revenues provided by the Colorado Department of Public Health and Environment (CDPHE)to
support radon testing and mitigation programs.The grant directly supports radon activities
identified in the Environmental Services Department’s core budget offer and requires a local
match of $6,000.Matching funds are appropriated and unexpended in the 2023 Environmental
Services operating budget and will be transferred to the Environmental Services Radon Program.
Adopted Ordinance on First Reading.
17.Resolution 2023-015 Making an Appointment to the Youth Advisory Board.
The purpose of this item is to fill a vacancy on the Youth Advisory Board.
Adopted.
City of Fort Collins Page 447 City Council Proceedings
18.Resolution 2023-016 Authorizing the Initiation of Exclusion Proceedings of Annexed
Properties Within the Territory of the Poudre Valley Fire Protection District and Authorizing
an Intergovernmental Agreement with Said District.
The purpose of this item is to authorize the City Attorney to file a petition in Larimer County District
Court to exclude properties annexed into the City in 2022 from the Poudre Valley Fire Protection
District (the “District”)in accordance with state law.The properties affected by this Resolution
are the Peakview Annexation Number One and the Timber Lark Annexation.Colorado Revised
Statutes Section 32-1 -502 requires an order of exclusion from the District Court to remove these
annexed properties from special district territories.The properties have been receiving fire
protection services from the Poudre Fire Authority and will continue to do so.The City Attorney’s
Office files the petition in Larimer County District Court each year seeking exclusion for all
properties annexed in the previous year that should be removed from the District to avoid double
taxation.
Adopted.
19.Resolution 2023-017 Adopting Amendments to the City’s Financial Management Policies.
The purpose of this item is to update three of the internal Financial Management Policies:
Policy 5—Fund Balance
Policy 7—Debt
Policy 8—Investment
The policies are reviewed on a three-year rolling schedule.The recommended changes have
been presented to the Council Finance Committee which supported the changes recommended.
Adopted.
END OF CONSENT CALENDAR
Mayor Pro Tern Francis moved,seconded by Councilmember Pignataro,to approve the
recornmended actions on items 1-11 and 13-19 on the consent calendar.
The motion carried 6-0.
Absent:Councilmernber Canonico.
K)CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Coundilmembers to comment on
items adopted or approved on the Consent Calendar)
Councilmember Ohlson requested follow up before second reading on item 10,which is an ordinance
appropriating unanticipated grant revenue for the renovation of the Carnegie Center for Creativity.He
requested more details about the nature of the whole project and the total dollars and sources involved
in the renovation.
L)STAFF REPORTS
Multicultural Business and Entrepreneur Center (MBEC)Update.
SeonAh Kendall,Economic Health Director,and Edgar Ramos,Business Connector,provided the
update as set forth in the presentation slide deck in the agenda packet.
City of Fort Collins Page 448 City Council Proceedings
Mayor Pro Tern Francis asked about the biggest barriers seen in starting a business in Fort Collins.
The staff tearn shared one common trend is not being able to find information,which is compounded
by language challenges.Confusion is also an issue at some levels,such as the requirements in some
grant programs to have a business license,which in Fort Collins is handled as a sales tax license
which is not always required for service businesses.Mayor Pro Tern Francis requested future follow
up on the irnpacts of the program.
Clerk’s Note:Councilmember Canonico arrived at 6:26 p.m.
M)COUNCILMEMBER REPORTS
Councilmember Julie Pignataro
•A targeted listening session focused on renters will be held next week.
Councilmember Susan Gutowsky
•A listening session will be held this week which will be focused on thoughts around the Land
Use Code moving forward.
•Attended Municipal Judge Jill Hueser’s Right Track Docket Program focused on allowing
offenders to work through issues.
•Attended the recent Fort Collins Police Services Award ceremony,celebrating the excellent
work of our police employees and comrnunity members.
•Attended the grand opening of Animal Friends Alliance’s new facility caring for dogs and cats.
•Attended the Women Give luncheon held by the United Way in support of their work in
providing child care for women returning to the work force.
•Attended the Chinese New Year at Early Colleges which included a wonderful show.
Councilmember Shirley Peel
•Had the opportunity to visit with Claire Brossard at the Care Initiative and shared information
about community grants being offered with applications open through the end of February.
•Mill City Church held a Giving Sunday in December and raised over $127,000 to give money
to several housing initiatives as well as providing support for Lincoln Middle School.
Mayor Jeni Arndt
•Reminded everyone Friday is Bike to Work (or Anywhere)day.
N)CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
12.First Reading of Ordinance No.015,2023,Appropriating Philanthropic Revenue By City
Give and Conservation Trust Funds for the Construction of the 9111 Memorial at Spring
Park and Related Art in Public Places.
The purpose of this item is to request appropriation of $480,765.00 for the designated purpose
toward the construction of the 9/11 Memorial at Spring Park,2100 Mathews Steet,Fort Collins,
Co.
A partnership between the City of Fort Collins and Poudre Fire Authority,the 9/11 Memorial will
be located in midtown Fort Collins,and will honor firefighters,emergency medical technicians,
law enforcement officers,and nearly 3,000 others who lost their lives on September II,2001.
City of Fort Collins Page 449 City Council Proceedings
Councilmember Ohlson noted he supports the memorial but objects to the way things were
handled with this item,as originally it was slated to involve no public dollars which has now shifted
and is using conservation trust fund dollars rather than general fund dollars.
Councilmember Pignataro asked about the eligible purposes for Conservation Trust Fund dollars.
City Manager Kelly DiMartino provided some general guidelines as those eligibility parameters
which City Give Director Nina Bodenhamer expanded upon.Councilmember Pignataro spoke
regarding some degree of confusion for what open space means,and requested a definition.
Community Services Interim Director Dean Klingner responded,noting it can mean many
different things.
Councilmember Gutowsky shared her excitement for this memorial as a member of the Poudre
Fire Authority Board,including providing information about the location for the memorial in Spring
Park.
Councilmember Ohlson reiterated his support for the memorial and emphasized his concern with
how it is funded.
Mayor Pro Tern Francis moved,seconded by Councilmember Peel,to adopt on first
reading Ordinance No.015,2023.
The motion carded 6-1.
Ayes:Councilmembers Canonico,Pignataro,Gutowsky,Peel,Mayor Arndt,Mayor Pro
Tern Francis.
Nays:Councilrnernber Ohlson.
Clerk’s Note:Mayor Arndt called for a 5-minute break at 7:00 p.m.The meeting resumed at 7:10
p.m.
0)CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
20.First Reading of Ordinance No.023,2023,Amending the Land Use Code to Include
Regulations for Areas and Activities of State Interest
The purpose of this ordinance is to amend the Fort Collins Land Use Code to include regulations
for reviewing and permitting designated areas and activities of statewide interest -a new 1041
permit process for major domestic water,sewage treatment and highway projects.1041 powers
give local governments the ability to regulate particular development projects occurring within
their jurisdiction,even when the project has broader impacts.
If Council wishes to provide additional time for review and consideration of the Ordinance,a
postponement by motion to a date certain would be appropriate or providing additional time
between first and second reading.Regardless,staff recommends Council use Februaiy ~for
discussion and further clarifications.If there will not be a hearing on Februaiy 2l~a new notice
will need to be published in a newspaper of general circulation at least 30 days prior to the
hearing.
Paul Sizemore,Community Development and Neighborhood Services Director,introduced the
item.Senior Environmental Planner Kirk Longstein led the presentation as set forth in the slide
deck in the agenda packet.
PUBLIC COMMENT
Windsor Mayor Paul Rennemeyer spoke regarding the importance to Windsor and the region for
NISP (Northern Integrated Supply Project)and a secure water supply.
City of Fort Collins Page 450 City Council Proceedings
Barry Wilson,Mayor Pro Tern in Windsor,spoke regarding the irnpacts to Windsor and other
areas throughout the region of the decision to be rnade by Council,and ernphasized the
irnportance of proactive water projects including NISP.
Shane Hale,Windsor Town Manager,shared his belief the regulations in front of the Council go
further than rnay be intended and spoke to the collaborative work done by Windsor in the realm
of water use and encouraged Fort Collins’participation in ongoing collaboration.
Jordan Radin,Fort Collins resident and chair of the Fort Collins Water Commission,noted the
Commission has not yet had the opportunity to review the latest version of the proposed
ordinances and requested on behalf of the cornrnission to have that opportunity before action by
the Council.
Chris Fletcher,Fort Collins Loveland Water District General Manager,spoke on behalf of the
water provider for part of the city and requested an opportunity to review the current version of
the ordinance before any action is taken.
Kevin Jones,Fort Collins resident and Fort Collins Area Chamber of Commerce director,spoke
in support of delaying action on this ordinance until Council can better articulate why stricter
regulations are required and more time is made available for review of the current proposal.On
behalf of the Chamber,he formally requested that Council reject these proposed regulations.
Stefanie Furman,Finance Director of the Town of Erie,spoke on behalf of the Town with concerns
about the regulations and its impact on other communities.The Town requested a limit to the
scope of the regulations to be adopted by the City.
Mike Scheid,Executive Director of the ELCO Water District providing service to Fort Collins
residents,spoke about the need for additional time for stakeholders to continue conversations
with City staff to ensure full understanding of the impact of regulations on others.
Gary Wockner commented on behalf of the Save the Poudre organization to speak in support of
the City moving forward with 1041 regulations,including considering changes to extend
regulations to projects outside of the city with impacts inside the city.
Brad Wynn,Manager of Northern Water for NISP,commented about the importance for
collaborative action around water needs in the region.
Joe Rowan,Fort Collins resident,spoke about the why behind moving forward and his belief it is
connected to NISP which should be explicit.
Brian Zick,District Manager of Boxelder Wastewater District,spoke about how he sees these
regulations coming into practice and concerns with cost implications.
COUNCIL DISCUSSION
Mayor Arndt asked staff what would be desired if Council chose to delay action tonight.Senior
Environmental Planner Longstein asked for clarity on what kind of changes Council would like to
see prior to the item returning to Council.
Councilmember Gutowsky shared her desire to pass this on first reading and delay second
reading to see an opportunity to utilize the advice of some commenters,including Save the
Poudre,for more robust environmental regulations.
Councilmember Ohlson stated support for passing this item on first reading and delaying second
reading while staying within the moratorium.He shared his concern with using a pipeline through
natural areas as the ath of least resistance and a desire to see that ractice end.Stakeholders
City of Fort Collins Page 451 City Council Proceedings
involve more than water utilities and waste water utilities.Staff has requested direction on what
Council would like to see and for him it is for other stakeholders to get the same level of
consideration as the utilities.He also stated his support for the City having to follow its own rules
and for these regulations to impact us as well as other providers.
Councilmember Peel shared appreciation for all the work of staff while noting she is not yet ready
to vote yes on this,with several areas of concern,including around cost and the timing of this
moving forward.
Mayor Arndt shared her questions and concerns with what constitutes a mailer of statewide
interest and its scope.She also requested a legal read on staff’s recommendation not to explore
regulations on projects outside of the City.Senior Assistant City Attorney Brad Yatabe responded
it was not our interpretation that the specific criteria exceeds the authority granted under the
statute.Mayor Arndt offered her support for the staff recommendation and a desire to see a
requirement of Council to provide reasons for its findings related to a 1041 permit application.
Mayor Arndt inquired if ditches were included under the permitting process.Senior Environmental
Planner Kirk Longstein indicated they would not be included if a facility is in support of stormwater
or irrigation.
Mayor Pro Tem Francis stated her support for postponing the item entirely rather than adopting
on first reading and then postponing second reading.She reiterated support for the three
recommendations made by the Planning and Zoning Commission.She asked for more
information about the impacts in other municipalities that have implemented 1041 regulations.
Councilmember Pignataro shared her support for postponing action at this point.Finding middle
ground compromise will not leave everyone happy but is necessary.
Councilmember Canonico thanked staff for their work and stated her support for delaying first
reading.She asked if Larimer County is using a 12”diameter sewer collector for wastewater
projects as well.Longstein noted it was 15”which is what the City is looking at as well.She
indicated she would like to see more pairing with Larimer County to create more predictability.
Councilmember Ohlson asked if stormwater was eliminated from day one.Longstein noted
stormwater is not a matter of state interest.Are we choosing to allow existing easements?Are we
exempting all easements and are we required to do so?Longstein indicated that was a
compromise in conversations with community partners and is consistent with SPAR (site plan
advisory review)process.From a planning perspective,it is preferred that these projects are
incentivized to work within existing easements rather than creating or expanding existing
easements and rights-of-way.Ohlson stated his concern with compromises because they don’t
usually support the environment.He also reiterated his encouragement to consider equally the
input of Save the Poudre,the Land Conservation and Stewardship Board (LCSB),Sierra Club,
and the Fort Collins Sustainability Group,in addition to the utilities.He concurred with Council
delaying first reading as long as the moratorium is respected.
Mayor Pro Tem Francis suggested Council may need another work session on this topic before
an ordinance comes back.
There was discussion around working from the current version,seeking additional outreach and
input to inform the development of alternatives as part of a work session,and ultimately a
presentation of potential amendments that clearly delineate the tradeoffs involved in various
options.Staff requested more time to review potential amendments similar to what was provided
with the Land Development Code which will require an extension of the current moratorium.Staff
will bring the moratorium extension to a meeting prior to the expiration of the moratorium.
Councilmember Ohlson suggested the term tolerable ground versus middle ground.He also
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requested more time for Council to review the alternatives than was provided for the Land
Development Code discussion.
Mayor Pro Tern Francis rnoved,seconded by Councilmember Canonico,to postpone first
reading of the ordinance to May 2,2023.
The rnotion carried 7-0.
Q)OTHER BUSINESS
A.Possible consideration of the initiation of new ordinances andlor 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)
R)ADJOURNMENT
There being no further business before the Council,the meeting was adjourned at 8:53 p.m.
I
ATTEST:
City Clerk
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City of Fort Collins Page 453 City Council Proceedings