HomeMy WebLinkAboutMINUTES-04/04/2023-RegularApril 4,2023
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 April 2023 as Donate Life Month.
PP 2.Proclaiming April 2023 as Fair Housing Month.
PP 3.Proclaiming April 2023 as Sexual Assault Awareness Month.
PP 4.Proclaiming April 2023 as Southwest Asian North African Heritage Month (SWANA).
PP 5.Proclaiming April 22,2023 as Earth Day.
Mayor Jeni Arndt presented the above proclamations at 5:00 p.m.
REGULAR MEETING
6:00 PM
B)CALL MEETING TO ORDER
Mayor Jeni Arndt called the regular 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 (joined at 6:25 p.m.
Councilmember Kelly Ohlson
STAFF PRESENT
City Manager Kelly DiMartino
City Attorney Carrie Daggett
City Clerk Anissa Hollingshead
City of Fort Collins Page 12 City Council Proceedings
E)CITY MANAGERS 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.
•The items on the discussion agenda were reviewed.
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.)
Warren Snyder spoke regarding the importance of independent air quality and emissions monitoring
in Fort Collins.
Evan Welch,Director of Associated Students of Colorado State University (ASCSU),spoke in support
of changing the city’s U+2 policy due to its negative impact on students and many other Fort Collins
residents.
Charlie Williamson (they/them),Director of Diversity and Inclusion for ASCSU,spoke about challenges
finding housing in Fort Collins and against the current discriminatory U+2 policy.
Nick DeSalvo,CSU Speaker of the Senate,spoke regarding all the great things that Fort Collins is
known for as well as one of the most discriminatory housing policies in the nation,recommending
placing a U+2 question on the ballot.
Rob Long,CSU senior,spoke about the impacts of U+2 on CSU students and requested the issue be
placed on the ballot.
Mia Ritter,third year CSU student,spoke as an indigenous community member in support of changes
to U+2 policies and spoke to her desire to be a loud advocate on behalf of students who also care
deeply and are unable to take time away from work and classes to speak to Council.
Barbara Krupnik-Goldman spoke regarding oil and gas regulations in support of looking at pulling a
ban on oil and gas development at some point,perhaps 2025,and to request not passing the
regulations currently before the Council until they are revised and strengthened.
Jorge Garcia,Director of Housing Security for ASCSU to talk about U+2 and the need to put something
on the ballot or take some kind of action to make changes to the existing policies.He indicated
students will be right back before Council on April 18 until something is put on the ballot.
Clerk’s Note:Councilmember Shirley Peel joined the meeting on the dais at 6:25 p.m.
John McDonagh spoke about concerns with the current state of oil and gas regulations and inaccurate
information provided by staff about the strength of the regulations coming before the Council at this
time.
Susan Huse spoke about the poor air quality in Fort Collins and the need to do more in terms of oil
and gas regulations to help address this.
Marcus Valdez,Director of Colorado Association of Realtors,spoke against the creation of a rental
licensing program as unneeded and expensive.He cited figures showing only 1%of renters have filed
a complaint in the last six years and cited the recommendation of the City’s task force formed to review
this issue not to implement a program.
City of Fort Collins Page 13 City Council Proceedings
Tom Tucker spoke as both a renter in Fort Collins and a property manager about the need for some
changes to a proposed rental housing program,including to allow an appeal process that involves
entities that are not City employees.
Andrew Klooster,Colorado field advocate with Earth Works,spoke about bringing issues with
Prospect Energy facilities into compliance and how this process has been repeating itself without a
clear timeline or transparency of how decisions are made,as well as providing no ability for those
living nearby to ensure there is accountability for pollution in their neighborhood.
Samuel Houghteling spoke regarding how proud he is of all the students who have shown up today,
noting the absence of people under 50 in many of the Council’s recent conversations regarding
housing,as well as an absence of input from the academic world,and read research information about
the impact of policy and local control in constraining new development in communities.He noted local
control has not always been used for good.
Mayor Arndt noted Poudre Fire Authority Fire Chief Derek Bergsten was present and invited him to
the dais to make an announcement about the need to keep aisles and doorways clear,noting there
was space in the lobby for people to gather and monitors showing the meeting.
At 6:39 p.m.,Mayor Arndt called for a 5-minute recess to allow time for people to resituate themselves.
The meeting resumed at 6:42 p.m.
Benton Roesler,CSU master’s student and past Director of Housing Security for ASCSU,provided
post cards from CSU students as well as papers he wrote in prior classes finding the occupancy
ordinance is discriminatory and spoke about public health and housing access,noting the
requirements of state law prohibiting discrimination in housing and against U+2.
Adam Eggleston recognized this is Fair Housing Month and asked the Council to support Senate Bill
23-213,the Fair Housing Bill,which will essentially eliminate U+2 and provide more access for
affordable housing,also encouraging the Council to work with other jurisdictions in this support.He
also announced One Voice for Housing has launched a website for its coalition in advocacy of support
for housing access.
Brad Tidd spoke as a mineral rights owner and the impact of changes that take food outtof his family’s
mouth by prohibiting him from taking oil out of his property,noting the ability to extract oil cleanly and
encouraged Council to consider the regular people who are adversely affected by sweeping rules.
Curt Schreiber,real estate broker,spoke about how when he was in college in Boulder,they were
discussing housing policies to restrict housing and the impacts to increasing housing costs,noting a
similar potential impact to rental housing in Fort Collins,if the rental housing program is implemented.
Candace McNear,spoke as a fourth generation Coloradoan and graduate of CSU currently living in
Timnath whose husband owns an oil casing business in Greeley,noting Fort Collins is very different
than it used to be and already has some of the strictest oil and gas laws in the United States,speaking
to the financial impacts of getting rid of all oil and gas.
Lief Youngs spoke as a long-term Fort Collins resident against U+2,sharing a story from a teacher in
Fort Collins who was able to buy a home early but who has many colleagues who are not able to live
in the town and spoke in support of Senate Bill 23-213,encouraging the Council to support that bill.
Isaiah Dennings,senior at CSU and member of the ASCSU Supreme Court,spoke about housing and
Ui-2 to encourage the Council to put this issue on the ballot,sharing his own challenges dealing with
rental housing in Fort Collins as a student.He spoke about students organizing to be an ongoing
constituency.
City of Fort Collins Page 14 City Council Proceedings
Rithik Correa,an international student at CSU,spoke to urge the Council to put U+2 on the ballot for
both students and low-income families,sharing his own negative rental experiences in Fort Collins
and how many students must spend more time working than studying.
Gabriella Lam,undergraduate student at CSU,spoke on behalf of low income and off campus students
who are negatively impacted by policies like U+2,including herself in being priced out of living in Fort
Collins and instead needing to live in Greeley,a 45-minute drive each way from campus.She asked
the Council to either put U+2 on the ballot or support Senate Bill 23-213.
Scoff D.Koskie,Fort Collins native and CSU engineering graduate,spoke about many booms,busts
and changes in businesses that have been impacted by City policy and tax benefit packages,including
decisions by businesses to leave the community due to tax rates,now occurring with residents as well.
Paul Anderson spoke about Fort Collins’unique status as a university town that requires policies that
help neighborhoods thrive,including U+2 to protect family neighborhoods from for-profit vulture
investors and to protect family units.
Sabrina Herrick spoke in support of repeal of U+2,noting being told that if 200 people showed up
tonight there would be a motion to put this topic on the ballot.Herrick spoke about the racist nature of
U+2 policies;and also noted some supporters voted for Councilmember pay increases to make those
offices more accessible and will be looking to ensure Council seats are representative.
William Haire spoke in opposition to U+2,noting spending a majority of monthly income on housing,
and how this is a privilege that many do not enjoy.
Dane Dinnsen,member of ASCSU,spoke regarding getting U+2 on the ballot due to the cost of living
in Fort Collins requiring many,including faculty,to live outside the city,as well as many students to
drop out of school or seek additional employment opportunities.
Marcus Zacarias,Chief Justice for ASCSU,spoke about the negative impacts of U+2 on many
community members including himself,requiring holding multiple jobs and recognizing the need to
live elsewhere after graduation.
Madeleine Kamberg Jennings spoke as a wife,mother and student at CSU in support of repealing
U+2,finding the policy to be in conflict with both free-market capitalism and diversity,equity and
inclusion.
Dan Dugal said he was here tonight like these students because he heard there was free beer and
pizza and party afterwards,undoubtedly funded by unknown groups outside the city,and spoke about
his experience as a student in the 90s and how now as someone in his SOs he wants more peace and
quiet and having this law in place has made that possible.
Hanna McCaslin,a graduate student at CSU,spoke about how great it is to see all the students here
to speak about their housing challenges and in support of placing U+2 on the ballot,sharing personal
challenges with affording housing;and,also shared support for Senate Bill 23-213.
Doug Henderson spoke on behalf of the Larimer Alliance regarding the failures of City administration
in public engagement regarding oil and gas regulations and the failure to draft more rigorous
regulations.
Tim Gosar spoke about oil and gas regulations,noting Larimer County already went through a similar
process a few years ago and asking why the City is now doing the same,expressing concerns about
setbacks and encouraging more robust oil and gas regulations.
Jim Curry shared his family chose to relocate here from Houston,Texas,16 years ago because it felt
like a good fit and spoke against Senate Bill 23-213 as not a housing bill but rather as a control bill,
City of Fort Collins Page 15 City Council Proceedings
quoting Ronald Reagan in saying the nine words every American should fear is “I’m from the
government,and I’m here to help.”
Alayna Truxal,member of the ASCSU Supreme Court,spoke of the shock in initially discovering such
a progressive city has such strict occupancy limits,and in learning about its history saw how it was
shrouded in racism,classism and bigotry.
Madeleine Grigg spoke as a CSU staff member and career educator against U+2 and in support of
students who want to design more inclusive and equitable systems for themselves and the community.
Henley Holland,senior at CSU,spoke about U+2 to request it be placed on the ballot so the community
can show how they feel about it and its many implications,sharing experiences as a student with
significant scholarships who still has to work two jobs to be able to afford housing.
Lorenzo Gomez,third year transfer student at CSU,spoke to encourage Council to immediately begin
the process to place U+2 on the ballot in November.
Greg Vogel spoke to ask the Council to scrap the proposed rental housing program due to its potential
to harm Fort Collins,noting how it is pushing landlords out of the business leading to a lack of rental
supply and therefore higher rents.
Conner Dobson spoke on the U+2 housing law and its effects on the youth of Fort Collins and CSU
students,speaking about knowing many others who quite literally cannot afford to do so,sharing
personal knowledge about many residents who must violate the U+2 law because they have no other
choice and cannot afford to pay for school,housing and other necessities.
Mike Vogel spoke as a Fort Collins resident since 2005,who has been investing in real estate since
2006,with concerns about the impacts on affordable housing on the proposed rental housing program
and requesting Council vote against it.
Christopher Conway spoke about how the explicit goal of U+2 is to discriminate against certain people,
specifically students,but noting this law also impacts many others beyond students now and is
intrusive in asking who is related to whom and asked the Council to support Senate Bill 23-213.
Kell Winslow (he/him/they)requested the U+2 policy be placed on the ballot as a highly discriminatory
policy.
Sara Tarr spoke to encourage rethinking oil and gas exploration in the state of Colorado,noting
children and future generations are powerless in this issue and we must vote for them.
Alicia Barron,junior at CSU and deputy director of State Law and Policy with ASCSU,spoke in support
of removing the U+2 policy due to the immense hardships it places on students seeking housing,
noting friends are indeed family for many.
Kenneth Kinneer,CSU senior and ASCSU Director of Environmental Affairs,spoke in support of
prioritizing increased regulations on oil and gas developments by implementing the recommendations
outlined in the letter from the coalition of groups presented to the Council previously.
Kim Carracedo,senior at CSU and Speaker Pro Tempore of ASCSU,spoke as a first-generation
student about the stress of the search for housing,asking the Council to follow in the steps of the state
legislature in actions in support of housing access.
Haydyn Deason spoke about being at a loss for how anyone can oppose repealing U+2 as it is non-
economically viable and is discriminatory,harming CSU as a primary driver of economic benefits in
the community,with students at its core.
Joe Rounds spoke as a 25-year worker of the food industry against U+2 as a discriminatory ordinance.
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Nickolas Shinn spoke as a college student at Front Range Community College on behalf of himself
and his brother who is also a student,both of whom have different abilities that add to challenges with
working and going to school to be able afford to move out of their parents’home without being able to
have more roommates.
Logan LaPierre spoke as a CSU student against U+2 because of the challenges associated with
finding housing,noting how the ordinance treats all students as the same and keeps a stranglehold
on both students and as well as others in the community.
Dylan Chambers-Faust spoke as a Fort Collins resident who is not a student and is not planning to go
anywhere and will continue to speak against things like U+2.
Kaelyn Swetala spoke to represent a lot of community members in supporting repealing U+2 because
it is not working.
Erin Hottenstein spoke about another aspect of democracy and the upcoming Health District election
on May 2nd as a special entity providing mental health and dental services as well as health insurance
navigation and other services such as quitting smoking.Because this is a special election,it is
necessary to request a ballot by going to healthdistrict.org or going to vote in person on May 2.
Justine spoke about three historic houses at the site of Alpine Dental on the 1700 block of South
College that are threatened for demolition,sharing concern that these houses are historic but were
not found as such by the Council despite being found eligible for historic designation and are now
being demolished for a parking lot and shared other homes that have been demolished since the land
development code was adopted.
Lennon Brooks spoke as a lifelong Fort Collins resident who loves this city and would like others to be
able to experience it by eliminating U+2.
Braxton Deetz spoke as an on-campus resident at CSU who will be living off campus next year in
support of repealing U+2,noting there is ample student involvement on this topic despite the lack of
agency felt by many students,and spoke regarding potential concerns about the potential for
overcrowded homes,acknowledging there may be options to increase occupancy limits rather than
eliminating them.
Noah Winston,Ranger with Colorado Parks and Wildlife in support of housing equity by getting rid of
U+2 and the need to take active measures to replace housing that could have been part of preserved
open space by increasing density and the limits now in place under U÷2.
Sarah Latempleo spoke as a concerned citizen deeply alarmed about climate change to urge the
strongest possible oil and gas regulations,urging the Council if these regulations are passed as is,
not to become complacent and to continue pursuing future additional regulations;then also spoke to
support the repeal of U+2.
Ron Herkstroeter spoke as one of four generations of Colorado ranchers and resident of Fort Collins
since 1964 noting doing Uber and Lyft to supplement supporting himself and urged Council to consider
the ramifications of additional regulations on oil and gas and the impacts on businesses,as well as to
the cost of oil and gas.
Kevin Cafirey spoke with appreciation for the concerns being raised around U+2,then expressed
concerns with increased fracking and the permission of setbacks that will impact quality of life just as
U+2 does as well,providing examples of neighbors who work in oil and gas but live in Fort Collins
instead of Weld County because of quality-of-life concerns.
Alejandra Major,an associate director with the American Petroleum Institute (API)Colorado,
expressed gratitude to City staff for their work on this topic and expressed concerns API Colorado
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desires to see addressed prior to final adoption,noting currently proposed regulations would leave
virtually no land on which oil and gas activities can occur.
Jason Knebel spoke about the lack of representation received by the current Council and noted it is
not necessary to wait until November to get new representatives due to the availability of recall
provisions that can be pursued now.
James Burtis spoke as a non-student community member living one block from campus with a family
in support of placing U+2 on the November ballot.
Public comment concluded at 8:16 p.m.
H)PUBLIC COMMENT FOLLOW-UP
Mayor Pro Tem Emily Francis thanked everyone for coming out tonight and noted Council has a work
session on occupancy regulations on May 9.
Councilmember Julie Pignataro also thanked everyone for speaking tonight,noting how it is good to
see new faces coming out.
Councilmember Tricia Canonico added her appreciation for the level of participation tonight and
thanked ASCSU for providing tonight’s dinner.
Councilmember Kelly Ohlson thanked everyone for coming tonight and stated he was looking forward
to seeing some of these same faces in a few weeks at an upcoming roundtable on campus.
Mayor Arndt noted the upcoming work session on occupancy is well timed as the legislature will be
adjourned then and we will have a better sense of whether the current proposed housing legislation
has been enacted.
Clerk’s Note:Mayor Arndt called for a 10-minute recess at 8:19 p.m.The meeting resumed at 8:32
p.m.
I)COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
None.
J)CONSENT CALENDAR
1.Consideration and Approval of the Minutes of the March 21,2023 Regular Meeting.
The purpose of this item is to approve the minutes of the March 21,2023,Regular meeting.
Approved.
2.Second Reading of Ordinance No.032,2023,Authorizing the Release of Restrictive
Covenants on Property at 1947 Phia Way Developed by Fort Collins Habitat for Humanity.
This Ordinance,unanimously adopted on First Reading on March 7,2023,obtains authorization
from Council to release the Agreement of Restrictive Covenants Affecting Real Property on the
single-family home located at 1947 Phia Way,which was developed by Fort Collins Habitat for
Humanity.The development of this home was initially assisted with funding from the Department
of Housing and Urban Development (HUD).At the time of completion,the project no longer met
the HUD requirements,triggering a HUD mandated repayment of the funds and cancellation of
the project.
Adopted on Second Reading.
City of Fort Collins Page 18 City Council Proceedings
3.Second Reading of Ordinance No.033,2023,Extending the Moratorium on Certain
Activities of State Interest Designated in Ordinance No.122,2021.
This Ordinance,unanimously adopted on First Reading on March 7,2023,extends the length of
a moratorium previously imposed through Ordinance No.122,2021,and further extended with
Ordinance No.139,2022,on two designated activities of state interest.The proposed Ordinance
extends the length of the existing moratorium for three months beyond March 31,2022,or until
City Council adopts guidelines for the administration of the two designated activities.Extending
the moratorium allows staff to reengage with stakeholders and develop policy decision points for
Council’s consideration along with first reading of the version-three 1041 regulations,May 2,
2023.
Adopted on Second Reading.
4.Second Reading of Ordinance No.034,2023,Making Supplemental Appropriations from
the Colorado Water Conservation Board Grant and Water Fund Reserves and Authorizing
Transfers of Appropriations for the Water Efficiency Plan Update.
This Ordinance,unanimously adopted on First Reading on March 7,2023,updates the City’s
Water Efficiency Plan by end of 2024 by:
•Appropriating $160,000 of unanticipated grant revenue,awarded by the Colorado Water
Conservation Board,to the Water Fund
•Appropriating $65,795 from the Water Fund reserves
•Utilizing matching funds in the amount of $126,705 from existing 2023 appropriations into this
new grant project
Adopted on Second Reading.
5.Second Reading of Ordinance No.035,2023,Authorizing the City Manager to Execute
Agreements,Conveyances,and Other Documents to Incorporate the Spring Cañon Waste
Way Ditch.
This Ordinance,unanimously adopted on First Reading on March 7,2023,approves the City’s
conveyance of its 2/1 2ths fractional ownership of the Spring Cañon Waste Way Ditch (Ditch)to a
newly formed and incorporated Spring Cañon Wasteway Ditch Company (Ditch Company),and
thereby receive 211 2ths share of the Ditch Company This item would also authorize the City
Manager to execute related agreements needed to form the Ditch Company This administrative
restructuring of the Ditch and water right ownership will allow for a variety of efficiencies including
easier shareholder transfers,providing a single point of contact,and improving coordination of
Ditch maintenance.
Adopted on Second Reading.
6.Second Reading of Ordinance No.036,2023,Appropriating Prior Year Reserves and
Authorizing Transfers of Appropriations in Multiple Utility Funds for the Purchase of
Vendor Services to Support a Major Upgrade to the Utilities Billing System.
This Ordinance,unanimously adopted on First Reading on March 21,2023,appropriates from
reserves in the Light &Power,Water,Wastewater and Stormwater enterprise funds.The use of
these reserves is necessaty to implement a modem Utility Customer Information System —
Customer Self Service Portal (CIS-CX)Solution.These funds are being requested to maintain
project momentum as the City completes the selection of a solution partner and prepares to
contract for professional services.This proposed appropriation will allow the City to secure CIS
CX project management and solution quality assurance services through go-live,provide legal
City of Fort Collins Page 19 City Council Proceedings
review of professional services contracts,and provide funding to hire contractual staff throughout
the implementation.
The total amount being recommended for appropriation is $4,250,000 as detailed in the
background section.
Implementation Project Management and Quality Assurance $1,500,000
Contract Review and Counsel $100,000
Contractual Implementation Staffing $2,650,000
Total $4,250,000
Once the full solution scope with the City’s preferred vendor is negotiated,another appropriation
will be requested for the direct solution costs including licensing and hardware.
Adopted on Second Reading.
7.Second Reading of Ordinance No.037,2023,Appropriating Prior Year Reserves in the
General Fund for Cultural Development and Programming Activities,Tourism
Programming,and Convention and Visitor Program Services.
This Ordinance,unanimously adopted on First Reading on March 21,2023,appropriates
$598,668 of which $261,527 is proposed for Cultural Development and Programming Activities
(Fort Fund),$169,624 is proposed for Tourism Programming (Fort Fund),and $167,517 is
proposed for Convention and Visitors Bureau from a combination of 2022 Lodging Tax collections
and Prior Year Reserves (unspent appropriations)in the General Fund Lodging Tax Reserves.
Lodging taxes are annually collected by the City of Fort Collins for Cultural Development and
Tourism programming activities.Anticipated revenue is projected through each Budgeting for
Outcomes (BFO)cycle and then adjusted annually as needed based on final actual collections.
For 2022,total Lodging Tax revenues collected came in $239,310 above projected collections.
Adopted on Second Reading.
8.Second Reading of Ordinance No.038,2023,Authorizing the City Manager to Accept a
Grant Award and Comply with the Terms of the Grant and Making Supplemental
Appropriations and Authorizing Transfers for the Xeriscape Incentive Program.
This Ordinance,unanimously adopted on First Reading on March 21,2023,supports businesses,
homeowner associations (“HOAs”)and other commercial properties pursuing costly landscape
projects that reduce water use long-term through the Xeriscape Incentive Program by utilizing:
(1)$75,000 in grant funds from the Bureau of Reclamation and (2)$75,000 in matching funds
from existing 2023 appropriations.This item would also authorize the City Manager or their
designee to accept the grant award and comply with the terms of the grant application and award.
Adopted on Second Reading.
City of Fort Collins Page 20 City Council Proceedings
9.Second Reading of Ordinance No.039,2023,Making Supplemental Appropriations,
Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations for the
Timberline Mulberry Lincoln Intersection Project and Related Art in Public Places.
This Ordinance,unanimously adopted on First Reading on March 21,2023,enables the City to
receive and expend Colorado Department of Transportation (CDOT)funds and to appropriate
development payment-in-lieu funds for the Timberilne Mulberry Lincoln Intersection Project (the
Project).The funds will be used for design,right-of-way acquisition,and construction of
improvements at the intersection of Timberline Road,Mulberry Street,and Lincoln Avenue.If
approved,the item will:(1)authorize the Mayor to execute an Intergovernmental Agreement for
the Project with CDOT,~(2)appropriate $1,523,915 of Highway Safety Improvement Program
(HSIP)grant funds for the Project;(3)appropriate $23,651 from the Capital Funds Reserve
received in 2020 as a development payment-in-lieu contributed to this Project by an adjacent
development;and (4)appropriate $237 (1%of the development payment-in-lieu amount)to the
Art in Public Places Program.
Adopted on Second Reading.
10.Second Reading of Ordinance No.040,2023,Appropriating Prior Year Reserves and
Authorizing Transfers of Appropriations for the Childcare Space Modifications at the
Northside Aztlan Community Center and Related Art in Public Places.
This Ordinance,unanimously adopted on First Reading on March 21,2023,appropriates
$260,000 from the Recreation Reserve to close the funding gap on the Childcare Space
Modifications at Northside Aztlan Community Center and transfer 1%of the applicable
construction costs to Art in Public Places.
Adopted on Second Reading.
11.Second Reading of Ordinance No.041,2023,Reappropriating Funds Previously
Appropriated in 2022 But Not Expended and Not Encumbered in 2022.
This Ordinance,unanimously adopted on First Reading on March 21,2023,reappropriates
monies in 2023 that were previously authorized by City Council for expenditure in 2022 for various
purposes.The authorized expenditures were not spent or could not be encumbered in 2022
because:
•There was not sufficient time to complete bidding in 2022 and therefore,them was no known
vendor or binding contract as required to expend or encumber the monies;or
•The project for which the dollars were originally appropriated by Council could not be completed
during 2022 and reappropriation of those dollars is necessary for completion of the project in
2023.
Additionally,there may have been sufficient unspent dollars previously appropriated in 2022 to
carry on programs,services,and facility improvements in 2023 for those specific purposes.
In the above circumstances,the unexpended and/or unencumbered monies lapsed into individual
fund balances at the end of 2022 and reflect no change in Council policies.
Adopted on Second Reading.
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City of Fort Collins Page 21 City Council Proceedings
12.Second Reading of Ordinance No.042,2023,Making Supplemental Appropriations from
Lease Financing Proceeds and Appropriating Prior Year Reserves for the Purchase of
Vacant Land at the Former Hughes Stadium Site.
This Ordinance,unanimously adapted an First Reading an March 21,2023,is an appropriation
to purchase the land of the former Hughes Stadium.
Adopted on Second Reading.
13.Second Reading of Ordinance No.043,2023,Adopting the Vision Zero Action Plan as a
Component of City Plan.
This Ordinance,unanimously adopted on First Reading on March 21,2023,adopts the Vision
Zero Action Plan.
Adopted on Second Reading.
14.Items Related to Election Code Changes.
A.Second Reading of Ordinance No.044,2023,Amending Chapter 7 of the Code of the City of
Fort Collins Relating to the Conduct of the City’s Regular Municipal Election.
B.Second Reading of Ordinance No.045,2023,Amending Chapter 7 of the Code of the City of
Fort Collins Relating to Candidacy in a Municipal Election.
C.Second Reading of Ordinance No.046,2023,Amending Chapter 7 of the Code of the City of
Fort Collins Relating to Financial Disclosure Requirements.
These Ordinances,unanimously adopted on First Reading on March 21,2023,adopt changes to
City Code required by the approval of Fort Collins voters to move the City’s regular municipal
election from April to November in odd-numbered years.
Specific changes proposed include:clarifying election administration provisions applying to City
run elections and the applicability of State law to coordinated elections,establishing that regular
municipal elections will be coordinated with the County unless the Council provides othe,wise,
adapting deadlines for filing for office to align with the requirements of the Uniform Election Code,
and updating the timing for filing financial disclosures to align with the timing of regular municipal
elections.
Adopted all Ordinances on Second Reading
15.First Reading of Ordinance No.047,2023,Authorizing Transfers of Appropriations for the
Renovation of the Carnegie Center for Creativity.
The purpose of this item is to transfer $2,400,000 appropriated in the Cultural Services &Facilities
Fund to the Capital Projects Fund.
Adopted on First Reading.
City of Fort Collins Page 22 City Council Proceedings
16.First Reading of Ordinance No.048,2023,Authorizing the City Manager to Accept a Grant
Award and Comply with the Terms of a Grant from the Colorado Water Conservation Board,
Making Supplemental Appropriations in the Water Fund and Authorizing Transfers from
the Water Fund,for the Xeriscape Incentive Program.
The purpose of this kern is to support businesses,homeowner associations,other commercial
properties,and residential properties pursuing costly landscape projects that reduce water use
long-term through the Xeriscape Incentive Program by:
•Appropriating $100,000 of unanticipated grant revenue,awarded by the Colorado Water
Conservation Board,to the Water Fund;
•Appropriating $65,890 from the Water Fund reserves;and
•Utilizing matching funds in the amount of $57,220 from existing 2023 appropriations into this
new grant project
This item would also authorize the City Manager or their designee to accept the grant award and
comply with the terms of the grant application and award.
Adopted on First Reading.
17.Items Relating to the Thompson Thrift Spaulding Addition Annexation.
A.Resolution 2023-031 Setting Forth Findings of Fact and Determinations Regarding the
Thompson Thrift Spaulding Addition Annexation.
B.Public Hearing and First Reading of Ordinance No.049,2023,Annexing the Property Known
as the Thompson Thrift Spaulding Addition Annexation to the City of Foil Collins,Colorado.
The purpose of this item is to annex a 3.743-acre property located off Terry Lake Road/Highway
on Spaulding Lane,closest to the Spaulding Lane and Valley View Lane intersection.A specifi
project development plan proposal is not included with the annexation application.The Initiating
Resolution was adopted by City Council on February 21,2023.A separate related item to amend
the Zoning Map and classify for zoning purposes the annexed property is presented as the next
item on this Agenda.
This annexation request is in conformance with the State of Colorado Revised Statutes as
they relate to annexations,the City of Fort Collins City Plan,and the Larimer County and City of
Fort Collins Intergovernmental Agreement Regarding Growth Management
Adopted Resolution and Ordinance on First Reading.
18.Public Hearing and First Reading of Ordinance No.050,2023,Amending the Zoning Map
of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in
the Thompson Thrift Spaulding Addition Annexation to the City of Fort Collins and
Approving Corresponding Changes to the Residential Neighborhood Sign District Map and
Lighting Context Area Map.
The purpose of this item is to zone the property included in the Thompson Thrift Spaulding
Addition Annexation into the Low Density Mixed-Use (L-M-N)zone district and place the property
into the LCI Lighting Context Area.
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be
considered in accordance with the procedures described in Section 1(d)of the Council’s Rules of
Meeting Procedures adopted in Resolution 2015-091.
Adopted on First Reading.
City of Fort Collins Page 23 City Council Proceedings
19.Items Relating to the Carpenter and Timberline Intersection Project.
A.Resolution 2023-032 Authorizing the Execution of an Intergovernmental Agreement Between
the City of Fort Collins and the State of Colorado Department of Transportation for the Carpenter
and Timberline Intersection Project
B.First Reading of Ordinance No.051,2023,Making Supplemental Appropriations for the
Carpenter and Timberline Intersection Project
The purpose of this item is to enable the City to receive and expend Federal and Colorado
Department of Transportation (CDO T)funds for the Carpenter and Timberline Intersection Project
(the Project).The funds will be used for design and construction of improvements at the
intersection of Carpenter Road and Timberline Road.If approved,the item will:(1)authorize the
Mayor to execute an Intergovernmental Agreement (IGA)for the Project with CDOT;and (2)
appropriate $696,285 of Highway Safety Improvement Program (HSIP)grant funds for the
Project This Project will not appropriate any money to Art in Public Places Program as the Project
is 100%federally funded.
Adapted Resolution and Ordinance an First Reading.
20.Items Relating to the Repeal and Reenactment of Certain Ordinances.
A.First Reading of Ordinance No.052,2023,Repealing Ordinance No.024,2023,and
Appropriating Philanthropic Revenue Received by City Give for Fort Collins Police Services for
the Safe Futures Initiative.
B.First Reading of Ordinance No.053,2023,Repealing Ordinance No.025,2023,and
Appropriating Prior Year Reserves and Unanticipated Revenue from Philanthropic Donations
Received Through City Give for Various Programs and Services as Designated by the Donors.
C.First Reading of Ordinance No.054,2023,Repealing Ordinance No.027,2023,and Amending
Chapter 12,Article II and Chapter 15,Article XV of the Code of the City of Fort Collins to Allow
for the Establishment of a City Waste Collection Program and Generally Updating Provisions of
the Code Governing Waste Collection Within the City
D.First Reading of Ordinance No.055,2023,Repealing Ordinance No.028,2023,and
Authorizing the City Manager to Enter into a Contract for the Provision of Residential Waste
Collection Services.
E.First Reading of Ordinance No.056,2023,Repealing Ordinance No.029,2023,and
Appropriating Prior Year Reserves for Start-up Costs to Create a Contracted Residential Waste
Collection Program.
F.First Reading of Ordinance No.057,2023,Repealing Ordinance No.030,2023,and Adopting
the North College MAX BRT Plan as a Component of City Plan.
Due to a publication error,staff requests Council repeal and reenact each Ordinance as they were
adopted on March 7,2023.
Adapted all Ordinances on First Reading.
City of Fort Collins Page 24 City Council Proceedings
21.Resolution 2023-033 Terminating the Oil and Gas Operator Agreement between the City of
Fort Collins and Prospect Energy.
The purpose of this item is to consider termination of the Oil and Gas Operator Agreement
between the City and Prospect Energy,which was originally executed in 2013 and is eligible for
termination in May 2023.This is recommended as the Operator Agreement is outdated and
indicates that the operator is not required to go through the City’s Development Review Process
for approvals prior to modifications to existing sites.
Adopted.
22.Items Relating to FLEX Route Regional Transit Services Intergovernmental Agreements.
A.Resolution 2023-034 Authorizing the Execution of an Intergovernmental Agreement between
the City of Fort Collins,Colorado and the City of Loveland for FLEX Route Regional Transit
Services.
B.Resolution 2023-035 Authorizing the Execution of an Intergovernmental Agreement between
the City of Fort Collins,Colorado and the Town of Berthoud for FLEX Route Regional Transit
Services.
C.Resolution 2023-036 Authorizing the Execution of an Intergovernmental Agreement between
the City of Fort Collins,Colorado and the County of Boulder for FLEX Route Regional Transit
Services.
D.Resolutions 2023-037 Authorizing the Execution of an Intergovernmental Agreement between
the City of Fart Collins,Colorado and the City of Boulder for FLEX Route Regional Transit
Services.
E.Resolution 2023-038 Authorizing the Execution of an Intergovernmental Agreement between(~
the City of Fort Collins,Colorado and the City of Longmont for FLEX Route Regional Transit
Services.
The purpose of these items is to authorize the City Manager to sign separate Intergovernmental
Agreements (“IGA5”)with the City of Loveland,the Town of Berthoud,the City of Boulder,the
County of Boulder,and the City of Longmont (collectively,the “FLEX Partners”)by which the
FLEX Partners will contribute funds toward the operating cost of the FLEX Route Regional Transit
Service bus route to further the goals of regional connectivity through transit
Adopted all Resolutions.
23.Resolution 2023-039 Making an Appointment to the General Employees Retirement
Committee.
The purpose of this item is to fill a vacancy on the General Employee’s Retirement Committee.
Adopted.
END OF CONSENT CALENDAR
Mayor Pro Tern Francis moved,seconded by Councilmember Pignataro,to approve the
recommended actions on items 1-23 on the Consent Calendar.
The motion carried 7-0.
City of Fort Collins Page 25 City Council Proceedings
K)CONSENT CALENDAR FOLLOW-UP (This is an oppodunity for Coundilmembers to comment on
items adopted or approved on the Consent Calendar.)
None.
L)STAFF REPORTS
None.
M)COUNCILMEMBER REPORTS
Councilmember Susan Gutowsky
•Attends behavioral health facility progress meeting every month,and it is on track to be finished
in August with a move in date of September and first clients anticipated in December for this
welcome addition to our community.
•This past Friday was the Transgender Day of Remembrance in Old Town Square,the event was
fantastic,beautifully done and well presented as an opportunity for those present to read selected
bills that have passed or proposed in every state in the US challenging the human rights of
transgender individuals in our country.
Councilmember Shirley Peel
•Invited everyone to see her at a listening session on April 22 on Earth Day as part of the festivities
that will be occurring that day in Civic Center Park.
•Recognized Mary Donaldson with the City Attorney’s Office upon her retirement after 28 years last
year.
Mayor Jeni Arndt
•Recognized City Manager Kelly DiMartino for being selected to participate in the Harvard
Kennedy School Senior Executives in Local Government program this year,noting DiMartino also
applied for and received the ICMA (International City/County Management Association)
scholarship for Colorado to sponsor this attendance.
•Attended National League of Cities last week along with Councilmembers Peel,Canonico,and
Gutowsky along with City Manager DiMartino and Deputy City Manager Marr.The time included
successful lobbying visits on Capitol Hill during that time.
N)CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
None.
City of Fort Collins Page 26 City Council Proceedings
0)CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
24.Second Reading of Ordinance No.151,2022,Amending the Land Use Code to Regulate Oil
and Gas Facilities and Pipelines.
This Ordinance,unanimously adopted on First Reading on December20,2022,updates the Land
Use Code (L UC)to regulate new oil and gas facilities and pipelines within City limits.These
regulations include zoning,setbacks,development standards and a process for development
review which limits new Oil and Gas facilities to less than 1%of available land.Per new authority
granted through Senate Bill 19-181,these local regulations exceed Colorado Oil and Gas
Conseivation Commission (COGCC)requirements related to surface oil and gas act ivities and
are designed to ensure the protection of public health,safety,welfare,the environment,and
wildlife resources.
Interim Planning Manager Clay Frickey introduced this item and turned the presentation over to
Senior Environmental Planner Kirk Longstein.Planner Longstein presented as set forth in the
slide deck in the agenda packet.
PUBLIC COMMENT
Kevin Cross,Fort Collins resident,spoke on behalf of the Fort Collins Sustainability Group in
support of the recommendations provided in conjunction with the Larimer Alliance in a joint letter
provided to the Council.Since the ordinance has not substantially changed since it was last before
Council,he requested the ordinance be voted down and noted the ability for horizontal drilling to
impact much more than 1%of the land in Fort Collins.
Ed Behan,Fort Collins resident and media and outreach consultant for the Larimer Alliance,
spoke about the concerns that had been communicated about the current format of the
regulations,noting if there is any sense that further provisions should be written into the Land Use
Code regarding these regulations the ordinances should be voted down tonight.
Marty Anderson,Fort Collins resident who has worked in the energy generation business for over
forty years,spoke about concerns for revenue streams and the potential impacts restrictions on
oil and gas could have on those streams including for the Poudre School District.He noted he
has listened to Air Quality Board discussions on this topic and how regulations will also increase
costs.He asked why we are doing this when it is seeking regulation on something that isn’t even
happening?
Will Walters,Fort Collins resident,spoke in support of:1)the staff recommendation to postpone
code adoption and to schedule a work session,2)more public engagement 3)wants setback to
be 3,200 feet,as adopted in other locals,4)relating to setback starting at walls,requested they
be related to residential property lines and compared likeness to park setback regulations;and 5)
that the proposed zoning and setback regulations are not sufficient;and,instead the City needs
more comprehensive regulations and should be in line with the “Environmental Coalition”and
other cities.He noted that our regulations in Colorado have led us to the most poisonous air in
the Nation.
COUNCIL DISCUSSION
Councilmember Ohlson asked for an answer to the question about,“Why did we do walls,instead
of residential property lines?”Longstein noted the 2,000-foot setbacks are based on a CDPHE
(Colorado Department of Public Health and Environment)study that have used the building rather
than the property boundaries.This was discussed at the Planning and Zoning meeting back in
December and noted that moving to the property boundary would run out of the area that would
be protected.If we went wider,would it essentially eliminate all areas?Yes,it would be more
restrictive.
City of Fort Collins Page 27 City Council Proceedings
Mayor Arndt asked about setbacks in the Land Use Code and those operational standards,noting
other places that are being referenced are all counties.Westminster did an IGA with their county.
She asked if there are any other cities that have done their operational standards?Longstein
noted that those cities that have their own standards have substantial oil and gas activities,such
as Aurora.
•Councilmember Peel expressed thanks to the members of the Larimer Alliance who met with
her as well as the representative from API as part of working to understand this issue.She
indicated the letter from API seems to show their concerns have not been addressed.She
noted she kept reading they were only allowed to regulate surface impacts.Senior Assistant
City Attorney Brad Yatabe responded by noting there is a split jurisdiction that the Colorado
Oil and Gas Conservation Commission (COGCC)it is true does have jurisdiction over some
aspects.There are surface impacts and mitigation of the surface aspects of that.We are not
regulating how those wells may be plugged,we are looking at the surface impacts instead.
•She asked why we cant align with COGCC rule 304 includes the alternative location analysis;
and there is a list of criteria where that is required.Our code will always require an alternatives
analysis when an application comes in as part of conceptual review for presentation at a
neighborhood meeting prior to a full review.
•Are these going to regulate new national gas lines to residential developments?Longstein:
These regulations do not require regulation of the provision of utilities.Yatabe:The intent
behind these is to apply to both the extraction as a resource and not the delivery of the refined
gas.The applicability is to oil and gas operations and the transport for the processing.
•Does the City’s request for mapping create a security risk as claimed by API?Longstein:We
can administratively create a process where that information that is protected by the Public
Utility commission and other entities,we can administratively manage the protection of that
information.
•Why is there a request to make a distinction between parcel and proposed location related to
the notices?Longstein:Not having a clear location to send notices to —made the change that
all notices will go to property owners and lease hold tenant and renters as part of the
development application process.
•Was the 6-month reclamation changed whereas 12 was asserted to be more feasable?
Longstein:If that’s a change Council would like to see,we can make that change.
•Can you explain the City’s capacity to enforce and monitor these regulations?Will it require a
third-party consultant and how much City resources are involved?Longstein:That’s a two-
part question.After the site plan is approved,there are future work session conversations
needed.Currently we do have zoning inspectors and other existing staff that are monitoring
these site plans through our zoning inspection process and that is currently the way the
enforcement of the approved site plan would work.Given we don’t anticipate development
applications,we would be able to use existing staff resources for that.What about plugging
and abandoning wells?For that process we would be reviewing the appropriate forms and
information as staff through zoning inspections and enforcement of the development
standards.
•Can you explain the reason behind no variances?Longstein:Currently as it’s written,
modification of the setback standards is not allowed.This is included in response to
stakeholder feedback.That is a potential decision point for Council.
•Because the tax revenue was brought up,did we even look at that?Do we know the possible
impact to the City’s tax revenue base?Are we foregoing potential revenue?Not understanding
how that would fit into a new development application.We don’t have that kind of data
available tonight.
Mayor Arndt asked if the 2,000-foot setback is from the wall,what happens if you add on?Are
there any restrictions to making changes to your home?The restrictions are for new applications.
The reverse setbacks are one of the three work streams that are planned for returning to Council
with.
City of Fort Collins Page 28 City Council Proceedings
Councilmember Ohlson asked about slide 11 and asked if the spots indicated as drillable areas
if those happen to be City natural areas.Frickey indicated the portions west of Taft Hill are natural
areas outside of the growth management area.Need to look up areas east of Taft Hill.
Development standards do not apply to areas outside of the GMA.
Mayor Pro Team Francis asked if it was correct that there would be a delay if the Land Use Code
updates were adopted tonight and directed staff to come back on further regulations.Longstein
reviewed the decision points before the Council as outlined in the presentation documents.
Adopting the Land Use Code standards tonight would not delay adoption of the operational
standards.
Mayor Arndt addressed the concern that we should kill it tonight,and how that would speed
anything up.Longstein indicated again that doing so would delay work on operational standards.
Without adoption of these standards,it would go to the COGCC.
Councilmember Pignataro noted a lot of the environmental groups are advocating for doing things
more like some specific cities named,such as Broomfield.She requested clarification on a
statement from staff that our Land Use Code is different.Frickey responded about requirements
for comprehensive development standards that already exist in the Fort Collins Land Use Code
applying to a range of things that would be applied to these types of applications as well whereas
other communities have specific requirements for oil and gas applications.
Pignataro asked again about timing —does delaying ‘A’make ‘B’slower than it would if ‘A’was
adopted tonight?Longstein stated that delaying ‘A’would delay the time when work on ‘B’would
start,but the work on ‘B’would take the same amount of time from whatever point is starts.Kelly
DiMartino interjected with clarification that operational standards would be a new work stream.
There is also a question around a new application requirement.If that were to be added to the
code,that would have to be delayed tonight.The operational standards are a new body of work
and therefore what you do tonight does not make that work take longer.
Mayor Arndt stated delaying action tonight would delay the implementation of setbacks and would
result in applications going to COGCC.Pignataro:If we adopt this tonight,we could still make
additional changes in the future?Longstein:Yes,in a future ordinance.
Ohlson stated a preference that these two streams would’ve come back together and stated his
preference for our own operational agreements and had been inclined to vote no tonight because
of that but is moving towards supporting this action tonight.If we discover some new things that
are needed in the Land Use Code in the future,there is nothing that stops us from adding more
to those at a future time.He stated a preference for a work session to discuss what kind of things
we want to see what we’d like to pursue and examine our own operational framework.
Councilmember Gutowsky asked when we would be looking at the operational standards body
of work.Longstein indicated that needs to be part of direction from Council.The intent to return
on reverse setbacks that would be in the June or July timeframe and staff would then also be
looking for guidance on sequencing and whether the work on operational standards should
preceded or follow that planned work.
Mayor Pro Team Francis asked if we need to provide additional direction on the new body of work
around operational standards,potentially under other business.(Decision points from slide 6 in
the presentation)—passing the code as presented would be electing not to make changes.
Councilmember Peel stated she would like to amend the ordinance as it is before the Council
now but does not see support from Council for doing so and therefore will likely vote no.
Councilmember Ohlson stated support for the language as presented on points one and two.
Mayor Arndt concurred.
City of Fort Collins Page 29 City Council Proceedings
Mayor Pro Tern Francis moved,seconded by Councilrnernber Canonico,to adopt on
second reading Ordinance No.151,2022.
The motion carried 6-1.
Ayes:Councilrnembers Gutowsky,Pignataro,Canonico,Ohison,Mayor Pro Tern Francis,
and Mayor Arndt.
Nays:Councilrnember PeeL
25.Items Relating to Rental Housing Program.
A.First Reading of Ordinance No.058,2023,Adopting a Rental Housing Program as an
Implementation Action of the Housing Strategic Plan and the Our Climate Future Plan.
8.First Reading of Ordinance No.059,2023,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 that begins with
registration and adds proactive rental inspections after one year of full implementation and to
consider an off-cycle general fund appropriation in the amount of $1.1 million over a 2-year period
($421,583 in 2023 and $669,500 in 2024)to support the start-up phase of the proposed program.
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
pro gram 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 Council,staff recommend that the proposed Rental Housing Program commence
the start-up phase by QI 2024.The 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.
Caryn Champine introduced this item and introduced neighborhood Services Manager Marcy
Yoder and Housing Manager Meaghan Overton to present as set forth in the slide deck in the
agenda packet.
PUBLIC COMMENT
Adam Eggleston spoke against the proposed program,stating concerns with underestimating the
costs of this program and expressed concern with not having an understanding of what the
problem is that is being sought to be addressed.
Joe Rowan challenged the Council to provide staff with better direction and to take time to think
this through before adopting something with so much left to be determined,including what
success looks like.
Arpi Miller spoke as someone who works with ISAAC (Interfaith Solidarity and Accompaniment
Coalition)of Northern Colorado,an organization working with low-income tenants as well as low-
income landlords with concerns about the impacts of this potential program.
Amber Kelley,owner of 24 units in town,spoke about her love for her tenants and the challenges
with all the regulations at multiple levels of government and how these are leading her down the
path to need to sell her units or raise rents.
City of Fort Collins Page 30 City Council Proceedings
Don Dunn spoke as a native of Fort Collins and 20-year property manager and owner asking the
Council to rethink this ordinance,asking what the intent is of this ordinance.He indicated tenants
speaking earlier tonight were not fearful of their landlords but rather of increased rents and
government regulations.He indicated he estimates the costs of this will raise rents by 20%in 2
years.
Rich Lockwood identified himself as a landlord and indicated his property managers do their own
inspections every time someone moves out.He indicated he has some long-term tenants,for 17
and 20 years,and had kept his rents flat during COVID and tries to be good,both because it
makes him feel good and supplements his retirement.All these costs are going to be put on the
tenant.
Michael Hansen shared the experience his children have been having with their rental program
in Boulder,which was provided as a model for what staff is looking at.Both his children have
rented over occupied properties or properties without permits in Boulder with other issues that are
not being adhered to,with out-of-town property owners who are immune to enforcement efforts.
Madeleine Kamberg Jennings spoke about how this topic relates to U+2 as well,and how making
things more difficult for landlords and tenants alike will waste time and money.
Crystal (no last name given)spoke as a senior at CSU to offer perspective from working with
homeless shelters in Fort Collins on how homelessness is a major issue in the city and the need
to focus on affordable housing rather than measures like this that will increase rents.
Laurie Pasricha who works with Fuerza Latina shared concern with the inevitability of rent
increases if this is adopted.A befter focus would be on better outreach to communicate with
residents across the city about existing protections already in place and managing inspections
from a complaint-based system.Also,proposing proactive inspections only on repeat offenders.
COUNCIL DISCUSSION
Councilmember Canonico thanked everyone for coming out and speaking on this issue.She
asked if we have any information on tenant consequences for low-income residents from any peer
communities that have implemented similar programs.The discussion in this area from the
February work session was reviewed regarding analysis of potential outcomes,showing what
could be possible from a program at its most effective versus its least effective.
Mayor Pro Tem Francis asked how the state warrant of habitability is enforced.Assistant City
Aftorney Holly Coulehan provided information about the process of making such a complaint to
the state through an identified legal process.Francis followed up clarifying this is why the City has
established its own complaint process.City building official Marcus Coldiron provided details on
how the City responds to complaints with the enforcement remedies available,including fine-
based enforcement action.The proposed program does also include potential civil and criminal
infractions.
Mayor Pro Tem Francis stated concerns with how to resolve what is a challenging issue,noting it
is difficult to know how big of an issue this is without doing inspections.She asked if we did
education and outreach around the City’s complaint-based system.Staff indicated some outreach
and education was done.
Councilmember Ohlson stated his support for rental licensing,and how even in this form of
registration is still a no brainer for supporting our goals and expectations to ensure habitability.
He stated a lack of understanding of how this increases rent,unless properties are not habitable
and stated support for additional measures to help support these standards,including low interest
loans and other measures for needed fixes.There is no requirement for units to be brought up to
2023 building codes.
City of Fort Collins Page 31 City Council Proceedings
Mayor Arndt expressed concerns that the costs involved with starting this new program are not
justified,especially when full costs are undetermined.She stated she is unable to support this
program and has not heard from stakeholders who do.
Councilmember Pignataro asked why owner-occupied rentals are not excluded from this program.
Yoder indicated that is to avoid creating a loophole that would allow the purchase of property that
is placed in the name of a college student,for instance,and then have it used as a rental property.
Councilmember Pignataro indicated her concern with not having data to make decisions at this
point,and asked if there is an off ramp during the first year of this program as inspections begin
and data does start to come in.Yoder indicated staff will be returning to Council with that data
and Council would have the ability to make shifts to the program based on that information.
In response to a question from Councilmember Gutowsky about the status of the implementation
of software,Yoder indicated estimates have been obtained and additional staff is needed to move
forward with this.
There was discussion around the cost estimates for the program and whether it is underestimated.
Marcy Yoder provided more detailed information about how the cost estimates were developed
and the factors going into those estimates.As part of these discussions,there was consideration
of not charging registration fees initially and covering costs that would have been offset by
registration fees could instead be covered by the general fund.It was also clarified that there is
an initial ramp-up period being proposed prior to the point where registration starts.Good data
will likely be available in December of 2024.Registrations would be slated to kick off at the
beginning of 2024 with the expectation of having all of them complete by the end of 2024.
Councilmember Peel asked about the legality of entering a renter’s home and if we do anticipate
running into an issue with entering homes.Holly Coulehan indicated leases typically include
provisions that require allowing access with reasonable notice.This was indicated as something
that more information could be provided at second reading about what kind of recourse would
exist if tenants did not allow access.
Councilmember Pignataro moved,seconded by Councilmember Ohlson,to adopt on first
reading Ordinance No.058,2023.
There was a request for clarification on what was being voted on for adoption.It was clarified what
is included in Ordinance No.058 represents what was presented to Council as option 2 at the last
work session this topic was discussed at.
The motion carded 4-3.
Ayes:Mayor Pro Tern Francis and Councilrnembers Gutowsky,Pignataro,Ohison.
Nays:Mayor Arndt and Coundffrnernbers Peel and Canonico.
Coundllrnernber Pignataro rnoved,seconded by Councilrnernber Ohlson,to adopt on first
reading Ordinance No.059,2023.
Mayor Arndt reiterated her concerns regarding making an appropriation with undetermined
amounts included.
The motion carried 4-3.
Ayes:Mayor Pro Tern Francis and Councilmembers Gutowsky,Pignataro,Ohlson.
Nays:Mayor Arndt and Councilmernbers Peel and Canonico.
City of Fad Collins Page 32 City Council Proceedings
26.Items Relating to the Repeal and Reenactment of Certain Ordinances.
A.First Reading of Ordinance No.060,2023,Repealing Ordinance No.026,2023,and
Appropriating Philanthropic Revenue Received Through City Give for The Gardens on Spring
Creek for General Operations as Designated by the Donor.
B.First Reading of Ordinance No.061,2023,Repealing Ordinance No.031,2023,and
Appropriating Prior Year Reserves for a Capital Contribution of $1,000,000 for Construction of a
New Public Terminal Facility at the Northern Colorado Regional Airport.
Due to a publication error,staff requests Council repeal and reenact each Ordinance as they were
adopted on March 7,2023.These Ordinances were placed on discussion because the votes
adopting these items originally were not unanimous.
There was no staff presentation and no public comment on this item.
Councilmember Ohison indicated although he initially voted against Ordinance No.026,2023,he
would be voting in favor of Ordinance No.060,2023,since its action is purely procedural,and he
was able to voice his concerns initially.
Mayor Pro Tern Francis moved,seconded by Councilrnember Pignataro,to adopt on first
reading Ordinance No.060,2023.
The rnotion carried 7-0.
Mayor Pro Tern Francis moved,seconded by Councilrnernber Pignataro,to adopt on first
reading Ordinance No.061,2023.
The motion carried 5-2.
Ayes:Mayor Arndt and Councilmembers Gutowsky,Pignataro,Canonico,and Peel.
Nays:Mayor Pro rem Francis and Councilmernber Ohison.
27.Items Relating to a City-Initiated Charter Amendment Regarding Making Candidate
Qualifications Comport with the State Constitution.
A.Possible Public Hearing and Motion(s)Regarding Protest(s)of Ballot Language.
B.First Reading of Ordinance No.062,2023,Submitting to a Vote of the Registered Electors of
the City of Fort Collins Proposed Amendments to Article II of the City Charter Conforming the
Limits on Holding Council Office to the Limits in the Colorado Constitution Applicable to Those
With Disqualifying Felony Convictions.
The purpose of this item is to set the ballot language regarding making candidate qualifications
comport with the Colorado Constitution.
Any protest of the proposed ballot language must be received no later than Monday,April 3,2023,
at noon.Protest(s)shall be heard,considered,and resolved by the Council prior to adoption of
the related Ordinance.If protests are received,copies will be included in Council’s “Read Before
the Meeting”packet
City Clerk Anissa Hollingshead provided a brief verbal report on the purpose of this item.There
was no public comment.
Mayor Pro Tern Francis moved,seconded by Councilrnember Pignataro,to adopt on first
reading Ordinance No.062,2023.
The motion carried 7-0.
City of Fort Collins Page 33 City Council Proceedings
P)OTHER BUSINESS
OB 1.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 foiviard with development and preparation of resolutions and ordinances not
originating from the Council’s Poilcy Agenda or initiated by staff)
Councilmember Pignataro brought up interest in initiating another work stream associated with oil
and gas regulations,including the potential to develop operational standards.There was
consensus from Council for staff to proceed with this work.
Q)ADJOURNMENT
There being no further business
ATTEST>rm
City er
before the Council,the meetinp was adjourne t 11:25 p.m.
(~
7,Av~
M alor
City of Fort Collins Page 34 City Council Proceedings