HomeMy WebLinkAboutMINUTES-01/04/2022-RegularJanuary 4,2022
COUNCIL OF THE CITY OF FORT COLLINS,COLORADO
Council-Manager Form of Government
Regular Meeting —6:00 PM
•ROLL CALL
PRESENT:Pignataro,Francis,Arndt,Canonico,Ohlson,Gutow
ABSENT:Peel
STAFF:DiMartino,Daggett,Pusheck
•AGENDA REVIEW:CITY MANAGER
The video outlining public participation options was played.
Interim City Manager DiMartino stated a brief discussion item regarding Council’s summer
meeting schedule has been added under Other Business and withdrew Item No.7,Resolution
2022-018 Denying Request to Involuntarily Designate 528 West Mountain Avenue as a Landmark
Under Chapter 14 of the Code of the City of Fort Collins,from the Consent Agenda due to a
conflict of interest by Councilmember Canonico.
•PUBLIC COMMENT ON ANY TOPIC OR ITEMS
Joe Rowan stated a theme has developed with this Council that decisions are made to support a
predetermined path per discussions that seem to happen outside of the public realm,even if the
decisions contradict Council’s stated priorities.He requested Council spend more time engaging
the community,specifically citing the Election Code Committee’s work to revamp elections when
they may not be broken.He stated the work done by that Committee is being driven by
organizations and agendas outside of the Fort Collins community.
Shayne Weber,People’s Initiative for Equity,quoted the equity indicators final report that ‘racial
and ethnic disparities were found in all areas.’He stated no meaningful action has been taken by
this Council to acknowledge or address those disparities since the publication of the report in
March of 2021.He stated people should not be expected to have one-on-one conversations with
Councilmembers until the questions and concerns already raised are adequately addressed
publicly.
Emily Gallichotte requested Council withdraw Item No.4,First Reading of Ordinance No.005,
2022,Amending Chapter 12 of the Code of the City of Fort Collins Regarding the Requirements
for the Building Energy and Water Scoring Program,from the Consent Agenda.She also
requested all documents be amended to eliminate references to ‘citizen’and replace ‘his or her’
with ‘their.’
Heather Wood discussed the traumatic experiences that have occurred to her since being homeless
after leaving an abusive relationship.She stated it is not a crime to be homeless and questioned
why it is consistently criminalized.
Torin Koletsky expressed frustration with Council regarding the lack of response to the
information he presented and questions he posed during the budget process.He questioned
whether Council is deliberately ignoring public requests.
•PUBLIC COMMENT FOLLOW-UP
Councilmember Ohlson stated the criticisms of Council not responding to public comment are
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valid and requested staff provide an update on the Equity Indicators Report and associated data,as
well as the status of the homeless shelter.Interim City Manager DiMartino replied staff is
preparing a service area request response on these issues.She acknowledged the website data is
out of date and stated that while there are reasons for that,they are not excuses.Regarding the
homeless shelter,she stated staff will follow up in writing and stated a work session or other
Council meeting could be helpful.
Mayor Pro Tern Francis requested the appropriate language changes be made as per the comments
of Emily Gallichotte.
Mayor Amdt withdrew Item No.4,First Reading of Ordinance No.005,2022,Amending Chapter
12 of the Code of the City of Fort Collins Regarding the Requirements for the Building Energy
and Water Scoring Program,from the Consent Agenda.
Councilmember Canonico invited Joe Rowan to attend and provide feedback at the next Election
Code Committee meeting.
•CONSENT CALENDAR
Mayor Pro Tem Francis made a motion,seconded by Councilmember Canonico,to adopt and
approve all items not withdrawn from the Consent Agenda.
RESULT:CONSENT CALENDAR ADOPTED [UNANIMOUS]
MOVER:Emily Francis,District 6
SECONDER:Tricia Canonico,District 3
AYES:Pignataro,Francis,Arndt,Canonico Ohlson,Gutowsky
ASSENT:Peel
1.First Reading of Ordinance No.001,2022.Appropriating Prior Year Reserves in the General
Fund and Golf Fund and Authorizing Transfers of Appropriations for the Southridge Golf
Course Irrigation Project.(Adopted)
The purpose of this item is to appropriate $375000 from the General Fund Southridge Golf Irrigation
Reserve and $825,000 from the Golf Fund to purchase materials for the irrigation system and pond
lining construction project scheduled to begin in October of 2022.
2.Items Relating to the Fort Collins Police Services Victim Services Unit.(Adopted)
A.First Reading of Ordinance No.002,2022,Appropriating Unanticipated Grant Revenue from the
Eighth Judicial District Victim Assistance and Law Enforcement Board in the General Fund for the
Fort Collins Police Services Victim Services Unit.
B.First Reading of Ordinance No.003,2022,Appropriating Unanticipated Grant Revenue from the
Colorado Division of Criminal Justice under the Federal Victim of Crime Act in the General Fund
for the Fort Collins Police Services Victim Services Unit.
The purpose of this item is to fund the Victim Services Unit of Fort Collins Police Services for victim
advocacy services under the Colorado Victim Rights Amendment for victims of crime and their family
members.The Fort Collins Police Services Victim Services Unit has been awarded a $49,000 VALE
grant for the period from January 1,2022 to December 31,2022.The VALE grant is through the
Eighth Judicial District Victim Assistance and Law Enforcement (VALE)Board to help fund services
provided by this team.
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The VOCA Grant is a 24-month grant in the amount of $49,101 for the period from January 1,2021 to
December 31,2022,by the Colorado Division of Criminal Justice under the Federal Victim of Crime
Act (VOCA),to help fund services provided by this team.The first half of the grant in the amount of
$24,551 was received and appropriated in 2021 (per Ordinance #003)The amount to be received in
2022 is $24,550.These funds will be used for part 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.
3.First Reading of Ordinance No.004,2022.Amending Chapter 26 of the Code of the City of Fort
Collins to Correct a Clerical Error.(Adopted)
The purpose of this item is to correct a clerical error.In Ordinance No.119,2021,Subsection (c)(3)
of City Code Section 26-129 was purposefully deleted.However,that subsection was inadvertently
included in the subsequently enacted Ordinance No.151,2021 and should be deleted as originally
intended.
4.First Reading of Ordinance No.006,2022,Authorizing Conveyance of an Easement on City
Right-of-Way to Hartshorn Waterworks.LLC to Relocate Irrigation Lines Off Traverse Park.
(Adopted)
The purpose of this item is to authorize the conveyance to Hartshorn Waterworks,LLC (“Hartshorn”)
of an easement in a City-owned right-of-way for relocated irrigation lines.The City is developing
Traverse Park.Hartshorn owns certain irrigation lines that traverse the park site and provide non-
potable water to the surrounding neighborhood.Pursuant to a November 16,2021,agreement that
addresses various aspects of the park site,the City and Hartshorn agreed to the relocation of these
irrigation lines from the park site and into the City-owned right-of-way contingent upon (1)the City
granting Hartshorn an easement for the relocated irrigation lines and (2)the City entering into certain
agreements with the owners of the lots adjacent to the right-of-way.The City would not convey the
proposed easement to Hartshorn until the City has acquired these agreements from the adjacent lot
owners.
5.Items Related to Various Appointments to Boards and Commissions.(Adopted)
A.Resolution 2022-001 Making Appointments to the Affordable Housing Board.
B.Resolution 2022-002 Making Appointments to the Arts in Public Places.
C.Resolution 2022-003 Making an Appointment to the Building Review Commission
D.Resolution 2022-004 Making Appointments to the Cultural Resources Board.
E.Resolution 2022-005 Making Appointments to the Disability Advisory Board.
F.Resolution 2022-006 Making an Appointment to the General Employee’s Retirement Committee.
G.Resolution 2022-007 Making Appointments to the Economic Advisory Board.
H.Resolution 2022-008 Making Appointments to the Energy Board.
I.Resolution 2022-009 Making Appointments to the Golf Board.
J.Resolution 2022-010 Making Appointments to the Human Relations Commission.
K.Resolution 2022-011 Making Appointments to the Human Services and Housing Funding Board.
L.Resolution 2022-012 Making Appointments to the Land Conservation and Stewardship Board.
M.Resolution 2022-013 Making Appointments to the Parks and Recreation Board.
N.Resolution 2022-014 Making Appointments to the Planning and Zoning Commission.
0.Resolution 2022-015 Making an Appointment to the Transportation Board.
P.Resolution 2022-016 Making Appointments to the Water Commission.
Q.Resolution 2022-017 Making an Appointment to the Youth Advisory Board.
The purpose of this item is to fill vacancies on various boards and commissions.
CONSENT CALENDAR FOLLOW-UP
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Councilmember Ohison requested additional information regarding the $126,000 savings and the
age of the current irrigation system per Item No.1,First Reading of Ordinance No.001,2022,
Appropriating Prior Year Reserves in the General Fund and Golf Fund andAuthorizing Transfers
ofAppropriations for the Southridge Golf Course Irrigation Project.Scott Phelps,Golf Manager,
replied the original irrigation system was installed in 1984 and it is well beyond the typical life
cycle of an irrigation system.Regarding the cost savings,a contractor has been identified and
quotes were provided.Currently,price increases are between 5%and lO~c per month;therefore,
the cost savings will come from avoiding the inflation costs by purchasing materials now versus
waiting until May when bond funding is available.
Councilmember Ohlson asked if bond funding is still being sought.Victoria Shaw,Community
Service Finance Manager,replied in the affirmative and stated the bond will be roughly $5 million
which will likely be bonded together with the land acquisition for the Hughes Stadium property.
Mayor Arndt thanked the Boards and Commissions applicants per Item No.6,Items Related to
Various Appointments to Boards and Commissions.
•STAFF REPORTS
A.Staff ReDort:Platinum Bicycle Friendly Community Redesignation
Cortney Geary,FC Moves,reported Fort Collins has been redesignated as a platinum level bicycle
friendly community for 202 1-2025.She stated Fort Collins was first designated at the platinum
level in 2013 and is one of only five communities in the nation to hold the distinction.She noted
the City is also a platinum bicycle friendly business along with 61 others in the city,as well as
CSU.She stated diamond is the highest possible level and to date,no United States community
has achieved that level.
Gear)’outlined the ways in which improving bicycle friendliness aligns with the City’s other
strategic objectives,including improving safety for all travel modes and ensuring equitable access
to all sustainable modes of travel.It also aligns with Council priorities including implementation
of 15-minute communities as well as improved air quality.
Geary provided details on the scorecard statistics for the designation and noted Fort Collins ranks
highest of all the platinum communities in the areas of engineering,education,encouragement,
evaluation,and planning to support bicycling.She outlined areas on which the city can focus to
attempt to reach the diamond level and stated all the steps will be evaluated through the Active
Modes Plan development,which will update and consolidate the Pedestrian and Bicycle Plans and
include options and improvements for micro-mobility with a strong tie to the City’s Vision Zero
efforts.She stated a work session on the Active Modes Plan will occur in February with hopeful
adoption in August.
Mayor Arndt asked about the Bike to Work Day event.Geary replied it is February 11,2022 and
will align with the national Bike To Work Day.
Councilmember Ohlson asked if a previous Council has made the diamond level designation a
goal and if so,what any associated costs might be.Geary replied the 2014 Bike Plan included the
goal of achieving diamond level status;however,that goal could be reevaluated through the
adoption of the Active Modes Plan.
Councilmember Ohlson expressed support for the items on the list that would be necessary to
achieve diamond level status.He commented on the 2005 effort to hire a part-time bicycle
coordinator and stated he would like to focus on the outcomes,not necessarily the award.
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Mayor Pro Tern Francis noted she was the bicycle coordinator in 2009 and stated she is looking
forward to the work session conversation.
Councilmember Pignataro commented on the importance of the Vision Zero implementation.
Councilmember Canonico thanked Geary for her presentation and congratulated staff work on
again achieving platinum level status.
•CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
6.First Reading of Ordinance No.005,2022.Amending Chapter 12 of the Code of the City of Fort
Collins Regarding the Requirements for the Building Energy and Water Scoring Program.
(Adopted as Amended on First Re)
The purpose of this item is to amend City Code sections related to the Building Energy and Water
Scoring (BEWS)program to align with new State of Colorado legislation and to improve the efficiency
of administration.This item does not add any new requirements for building owners.
These changes include:
•Alignment with Colorado NB 21-1286 (codified at CR5.§25-7-1421 “Energy Performance for
Buildings.”
•Removal of program phasing which was included in the original BEWS ordinance in 201 &All
properties 5,000 square feet and larger will have annual reporting requirements starting June 1,
2022
•Removal of prohibition on setting a required minimum ENERGY STAR score for non-City
buildings.
•Addition of a requirement for the City Manager to set Building Energy Performance Standards for
all City owned facilities in alignment with NB 2 1-1286.
•Revisions to violations and penalties to align with Municipal Court processes outlined by §115(17
of the Code
•Add exemption categories that align with 1-18 21-1286.
Emily Gallichotte commented on the City’s ambitious climate and greenhouse gas reduction goals
and stated she would like to ensure all the steps being taken are ambitious enough to support those
goals.She requested this item be amended to reduce building energy use by at least 7°a by 2026
rather than limiting that to 7°a.
Councilmember Pignataro asked if any standards are being decreased.Kurt Friesen,Director of
Park Planning and Development,replied in the negative and stated the language is consistent with
the state statute related to benchmarking and building performance standards.He stated the City
will be leading by example in following the state’s program and he does not see any issue with
including the phrase ‘at least.’
John Phelan,Energy Services Manager,stated the purpose of this ordinance is to do some cleanup
regarding the experience of implementation to align with the state,and to add the component of
providing building performance standards for City-owned buildings that was not in the prior
ordinance.
Mayor Pro Tem Francis made a motion,seconded by Councilmember Gutowsky,to adopt
Ordinance No.005,2022,on First Reading,as amended to include the words ‘at least’to Section
12-203(C).
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RESULT:ORDINANCE NO.005,2022 ADOPTED AS AMENDED ON FIRST READING
[UNANIMOUSJ
MOVER:Emily Francis,District 6
SECONDER:Susan Gutowsky,District 1
AYES:Pignataro,Francis,Arndt,Canonico,Ohlson,Gutowsky
ABSENT:Peel
7.Resolution 2022-018 Denying Reauest to Involuntarily Designate 528 West Mountain Avenue
as a Landmark Under Chapter 14 of the Code of the City of Fort Collins.(Adopted)
The purpose of this item is to complete the citizen-initiated City landmark designation request for the
property at 528 W.Mountain Avenue,also known as the Moore,Samuel and Jessie,Prope fly (the
“Property”).The resolution documents the decision and findings of the Council declining this request.The
resolution for adoption documents Council’s finding that the Property is not eligible for designation under
Municipal Code 14,Article Ill,because the Property does not meet the policies of 14-1 and 14-2
sufficiently to outweigh the owner’s objection to the designation.
(Secretary’s Note:Councilmember Canonico withdrew from the discussion of this item due to a
conflict of interest.)
Mayor Pro Tern Francis made a motion,seconded by Councilmember Pignataro,to adopt
Resolution 2022-018.
RESULT:RESOLUTION 2022-018 ADOPTED C5 TO 0J
MOVER:Emily Francis,District 6
SECONDER:Julie Pignataro,District 2
AYES:Pignataro,Francis,Arndt,Ohlson,Gutowsky
ABSENT:Peel
RECUSED:Canonico
•DISCUSSION ITEMS
No Discussion Items Scheduled
OTHER BUSINESS
A.Discussion of summer meeting schedule and sua~ested cancellation dates with Dossible direction to
staff for follow uo action
Mayor Pro Tem Francis noted the proposal is for Council to take a summer break either July 19-
August 9,or July 26-August 9.
Councilmember Ohlson stated he does not understand the reason for the break he would like
Council’s aggressive work plan to be brought to conclusion under this Council.He also stated he
would not like the State of the City address to occur on a Tuesday thereby taking up a meeting
time.He suggested July 13-August 1 which would eliminate one work session and one regular
meeting.
Mayor Arndt noted Neighborhood Night Out also causes a Council meeting to be missed and she
commented on the intentionality of the calendar.
Councilmember Ohlson noted 1/3 of this Council’s two-year period is already gone.
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Councilmember Pignataro stated she would like to ensure all the Council priorities are addressed
at the end of the two years.She commented on the importance of taking a break when necessary.
Councilmember Ohlson agreed breaks are necessary and stated members have never been called
out for not being present at meetings.
Interim City Manager DiMartino stated this topic was derived from discovering other City
Councils across the state have started to take deliberate pauses in meetings to give members more
time to focus on other business they do.She stated staff opted to bring the topic forward earlier to
allow time to better plan the calendar to accomplish the work plan.
Councilmember Ohlson suggested staff return with several calendar suggestions for a formal
decision to be made at a later date.
Mayor Arndt concurred and Interim City Manager DiMartino replied staff would return with
options.
B.Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers.
Councilmember Pignataro discussed the Marshall fire in Superior and Louisville and suggested
Council bring forth an emergency temporary ordinance to help some of the displaced families by
perhaps overcoming HOA or zoning rules to provide housing in existing units.
Councilmember Ohlson expressed support for looking at options but stated any long-term changes
should be done through the formal process.
Councilmember Canonico also expressed support for looking at options and stated it may need to
be an ongoing short-term solution as other communities may be needing similar assistance given
the climate crisis.
Mayor Pro Tem Francis also expressed support.She stated she would like to ensure appropriate
staff is present in the planning department to process applications and would like to ensure proper
publicity occurs.
Mayor Amdt asked if this would be more of a City-led or matching process.She also questioned
how large the demand would be given the distance from Boulder County.
Councilmember Pignataro agreed the demand may not be high but stated her main goal would be
to ensure individuals are able to take advantage of housing without being in violation of City Code.
Interim City Manager DiMartino stated staff could do some quick vetting and scaling of some
available options.She noted Fort Collins’emergency preparedness office is in direct contact with
Boulder County and that provides direct access to the joint information center and communication
channels.
Councilmember Gutowksy stated she would like to ensure any type of program is limited to those
who actually need the assistance but expressed support for the idea.
Councilmember Canonico noted Airbnb provides a great deal of the services necessary for
matching those who need housing with those who may have a rental.
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Councilmember Pignataro requested and received Council support to direct staff to provide an
ordinance for consideration by the next Council meeting.
Mayor Amdt requested and received Council support for directing staff to provide a memo about
how to possibly formalize additional protections of civility and public discourse to maintain
decorum in the Chamber.
•ADJOURNMENT
The meeting adjourned at 7:29 PM.
ATTEST:
City C≥1C 4—
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