HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 07/18/2023Fort Collins City Council Agenda
Regular Meeting
6:00 p.m. Tuesday, July 18, 2023
City Council Chambers at City Hall, 300 Laporte Ave, Fort Collins, CO 80521
Zoom Webinar link: https://zoom.us/j/98241416497
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A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para
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con discapacidad, para que puedan acceder a los servicios, programas y actividades de la
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City of Fort Collins Page 1 of 9 City Council Summary Agenda
City Council
Regular Meeting Agenda
July 18, 2023 at 6:00 PM
Jeni Arndt, Mayor
Emily Francis, District 6, Mayor Pro Tem
Susan Gutowsky, District 1
Julie Pignataro, District 2
Tricia Canonico, District 3
Shirley Peel, District 4
Kelly Ohlson, District 5
City Council Chambers 300
Laporte Avenue, Fort Collins &
via Zoom at
https://zoom.us/j/98241416497
Cablecast on FCTV
Channel 14 on Connexion
Channel 14 and 881 on Xfinity
Carrie Daggett Kelly DiMartino Anissa Hollingshead
City Attorney City Manager City Clerk
PROCLAMATIONS & PRESENTATIONS
5:00 PM
A) PROCLAMATIONS AND PRESENTATIONS
PP 1. Declaring July 2023 as Smart Irrigation Month.
REGULAR MEETING
6:00 PM
B) CALL MEETING TO ORDER
C) PLEDGE OF ALLEGIANCE
D) ROLL CALL
E) CITY MANAGER'S AGENDA REVIEW
• City Manager Review of Agenda
• Consent Calendar Review, including removal of items from Consent Calendar for individual
discussion.
F) COMMUNITY REPORTS - None.
G) PUBLIC COMMENT ON ANY TOPICS OR ITEMS OR COMMUNITY EVENTS
(Including requests for removal of items from Consent Calendar for individual discussion.)
Individuals may comment regarding any topics of concern, whether or not included on this agenda.
Comments regarding land use projects for which a development application has been filed should be
submitted in the development review process** and not to Council.
• Those who wish to speak are required to sign up using the online sign-up system available at
www.fcgov.com/council-meeting-participation-signup/
City of Fort Collins Page 2 of 9
• Each speaker will be allowed to speak one time during public comment. If a speaker comments on
a particular agenda item during general public comment, that speaker will not also be entitled to
speak during discussion on the same agenda item.
• All speakers will be called to speak by the presiding officer from the list of those signed up. After
everyone signed up is called on, the presiding officer may ask others wishing to speak to identify
themselves by raising their hand (in person or using the Raise Hand option on Zoom), and if in
person then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those
who are not able to stand while waiting).
• The presiding officer will determine and announce the length of time allowed for each speaker.
• Each speaker will be asked to state their name and general address for the record, and, if their
comments relate to a particular agenda item, to identify the agenda item number. Any written
comments or materials intended for the Council should be provided to the City Clerk.
• A timer will beep one time and turn yellow to indicate that 30 seconds of speaking time remain and
will beep again and turn red when a speaker’s time has ended.
[**For questions about the development review process or the status of any particular development,
consult the City’s Development Review Center page at https://www.fcgov.com/developmentreview, or
contact the Development Review Center at 970.221.6760.]
H) PUBLIC COMMENT FOLLOW-UP
I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
CONSENT CALENDAR
The Consent Calendar is intended to allow Council to spend its time and energy on the important
items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Agenda items pulled
from the Consent Calendar by either Council or the City Manager will be considered separately under
their own Section, titled “Consideration of Items Removed from Consent Calendar for Individual
Discussion.” Items remaining on the Consent Calendar will be approved by Council with one vote. The
Consent Calendar consists of:
• Ordinances on First Reading that are routine;
• Ordinances on Second Reading that are routine;
• Those of no perceived controversy;
• Routine administrative actions.
1. Consideration and Approval of the Minutes of the June 20, 2023 Regular Meeting.
The purpose of this item is to approve the minutes of the June 20, 2023 regular meeting.
2. Second Reading of Ordinance No. 088, 2023, Making Supplemental Appropriations of
Unanticipated Revenue for the Siphon Overpass Project.
This Ordinance, unanimously adopted on First Reading on June 20, 2023, appropriates funds for
the Siphon Overpass Project (Project), which will design and construct a trail overpass spanning
the existing railroad tracks near the southwest corner of the Willow Springs neighborhood. This
Ordinance will enable the City to receive and expend Multimodal Options Fund (MMOF) funds
and Carbon Reduction Program (CRP) funds from the Colorado Department of Transportation
(CDOT) and to appropriate those funds for the Project. This Ordinance will also appropriate an
additional $750,000 in the Capital Projects Fund for the Project.
City of Fort Collins Page 3 of 9
3. Second Reading of Ordinance No. 089, 2023, Amending Chapter 26 of the Code of the City
of Fort Collins Regarding Calculation and Collection of Development Fees Imposed for the
Construction of New or Modified Electric Service Connections.
This Ordinance, unanimously adopted on First Reading on June 20, 2023, is related to electric
capacity fees imposed for the construction of new or modified electric service to add a 200-amp
service option for multi-family developments. This additional service option will not impact existing
customers or developments; rather, it will provide an alternative sizing option to the existing 150-
amp multi-family service in Code today.
4. Second Reading of Ordinance No. 090, 2023, Authorizing an Extension of the Temporary
Exception to the Land Use Code to Allow T-Mobile to Place a Temporary Wireless
Telecommunication Facility at 1800 East Harmony Road to Replace Lost Wireless Service
Coverage.
This Ordinance, unanimously adopted on First Reading on June 20, 2023, extends the
authorization for a temporary wireless telecommunication facility known as a cell-on-wheels
(COW), operated by T-Mobile, currently located at 1800 East Harmony. The current temporary
authorization expired on June 1, 2023. This temporary facility is in place to address a critical loss
in T-Mobile's existing cellular coverage in south Fort Collins caused by T-Mobile’s removal of
wireless equipment from Platte River Power Authority (“PRPA”) infrastructure, to be used only
until a permanent facility (proposed at 4518 Innovation Drive) is fully constructed by December
2023. This is the final request for an extension of authorization.
5. Second Reading of Ordinance No. 091, 2023, Amending the Boundary of the Fort Collins
Historic Landmark at 401 Smith Street, the Loomis-Jones Property, Pursuant to Chapter
14 of the Code of the City of Fort Collins.
This Ordinance, unanimously adopted on First Reading on June 20th, 2023, approves the
property owners of 401 Smith Street, a City landmark designated in 2008, to seek a modification
to the landmark boundary as listed in the designation ordinance to allow for subdivision of the
property and construction of an additional home. After review and consideration of the proposal,
the Historic Preservation Commission recommended approval of the boundary change at their
April 19, 2023, hearing. Municipal Code 14-35 requires Council action within seventy-five days of
this recommendation.
6. Second Reading of Ordinance No. 092, 2023, Designating the Alexander and Emma Barry
Farm Property, 232 East Vine Drive, as a Fort Collins Landmark Pursuant to Chapter 14 of
the Code of the City of Fort Collins.
This Ordinance, unanimously adopted on First Reading on June 20, 2023, is requesting a City
Landmark designation for the Alexander and Emma Barry Farm Property at 232 East Vine Drive.
In cooperation with the property owner, City staff and the Historic Preservation Commission (HPC)
have determined the property to be eligible for designation under Standards 1, Events, 2,
Persons/Groups, and 3, Design/Construction. Under Standard 1, the property is associated with
the early settlement era of Fort Collins history, from the systematic removal of Native Americans
for Anglo western land acquisition to the agricultural district that once existed just north of the
historic core. Under Standard 2, this property is associated with early Anglo settlers and prominent
farmers Alexander and Emma Barry, with acknowledgement of Native American occupation of
the area before Anglo settlers. Under Standard 3, the farmhouse on this property is a good and
rare example of an early farmhouse in this area and features Gothic Revival design elements.
The owner is requesting designation, which will provide protection of the property's exterior and
access to financial incentives for historic property owners.
City of Fort Collins Page 4 of 9
7. First Reading of Ordinance No. 093, 2023, Appropriating Prior Year Reserves and
Unanticipated Revenue from Philanthropic Donations Received Through City Give for
Various Programs and Services as Designated by the Donors.
The purpose of this item is to request appropriation of $56,974 in philanthropic revenue received
through City Give in 2022 and 2023. These miscellaneous gifts to various City departments
support a variety of programs and services and are aligned with both the City’s strategic priorities
and as per the respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
8. First Reading of Ordinance No. 094, 2023, Appropriating Philanthropic Revenue in the
General Fund Through City Give for Neighborhood Services for Community Workshops
and the Creation and Distribution of a Neighborhood Business Guide.
The purpose of this item is to appropriate $20,000 in philanthropic revenue for Neighborhood
Services within the Community Development and Neighborhood Services Department of the
Planning and Transportation services area.
Neighborhood Services has been awarded a gift of $20,000 through the 2023 American
Association of Retired Persons (AARP) Community Challenge with the designated intent to
support healthy outcomes for residents’ homes and personal wellbeing through three one-day
Homeowner Workshops, each at a different mobile home community in the City, including Skyline,
North College and Hickory Village. The gift funds also will be used to create and distribute a
neighborhood business guide to residents.
9. First Reading of Ordinance No. 095, 2023, Authorizing Expenditure of American Rescue
Plan Act Funds for Affordable Housing Fee Credits as Specified.
The purpose of this item is to provide previously appropriated American Rescue Plan Act (ARPA)
funding for 5 units targeting forty percent (40%) Area Median Income (AMI) households at the
Heartside Hill development. Council already appropriated $350,000 of ARPA funding for
affordable housing fee credits, and this funding must be fully committed by 2024. Affordable
housing fee credits have been approved administratively for 20 units serving households at thirty
percent (30%) AMI or below, including 8 units at Heartside Hill. There are no additional thirty
percent (30%) AMI units expected before the ARPA deadline to commit funds in 2024. Though
fee credits for units up to sixty-five percent (65%) AMI are a presumptive eligible use of ARPA
funds, the City’s fee credit policy as codified in City Code Article VIII, Section 7.5 requires Council
approval for fee credits for any units serving income ranges above thirty percent (30%) AMI. This
Council action would ensure that the remaining appropriated funds are used for their intended
purpose as affordable housing fee credits.
10. First Reading of Ordinance No. 096, 2023, Appropriating Prior Year Reserves and
Authorizing Transfers of Appropriations in Multiple Utility Funds for the Purchase of
Vendor Services to Support the Replacement of the City’s Utilities Billing System.
The purpose of this item is to consider an appropriation from the Light and Power, Water,
Wastewater and Stormwater Enterprise Funds available reserves to implement a modern Utility
Customer Information System – Customer Self Service Portal (CIS-CX) Solution. This
appropriation request is the second, and final, request related to the new CIS-CX.
In March 2023, Ordinance No. 036, 2023, appropriated $4,250,000 to begin the process of
temporarily increasing staffing for the implementation while contract review and negotiations were
being finalized. The City has now identified the Vendor of Choice, reviewed the functional
City of Fort Collins Page 5 of 9
requirements in detail with that vendor and negotiated terms of the contract sufficient to determine
the amount of investment needed to successfully deploy a new CIS-CX. This appropriation
request of $9,700,000 will provide the additional funding needed for all costs associated directly
with the software deployment, software testing, training, and the organizational change
management (OCM) associated with moving onto a modern CIS-CX. With this appropriation, the
CIS-CX implementation will begin in October of this year and be fully operational by the end of
2025.
The total amount being requested for appropriation here is $9,700,000 and is broken out as
follows:
Software as Service Implementation $3,250,000; Software Licensing through Implementation
$2,400,000; Organizational Change Management (OCM) $1,500,000; Testing Protocol
Development and Management $900,000; Training Development and Initial Training $900,000;
and Business Process Analysis and Alignment $750,000.
11. Items Relating to Parking of Shared Mobility Devices and Electric Scooters.
A. First Reading of Ordinance No. 097, 2023, Amending Sections 2002, 2106 and 2108 of the
Fort Collins Traffic Code to Address the Parking of Shared Mobility Devices and Electric Scooters.
B. First Reading of Ordinance No. 098, 2023, Repealing Chapter 24, Article VI, Parking of Shared
Mobility Devices, of the Code of the City.
The purpose of this item is to add shared mobility devices and electric scooters to the Fort Collins
Traffic Code regulations for parking of bicycles and electric bicycles, and also to repeal two
sections of the City Code that separately relate only to parking of shared mobility devices and
electric scooters.
12. Items Relating to The Landing at Lemay Two Plan Amendment to the City Structure Plan
Map and Rezoning.
A. Public Hearing and First Reading of Ordinance No. 099, 2023, Amending the City’s Structure
Plan Map.
B. Public Hearing and First Reading of Ordinance No. 100, 2023, Amending the Zoning Map of
the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as
The Landing at Lemay Two Rezoning.
The purpose of this item is to amend the City Structure Plan Map to change the land use
designation of approximately nine acres of land east of the Lemay Avenue overpass over Vine
Drive from the Industrial Place Type to the Mixed Neighborhood Place Type and rezone the
property from the Industrial (I) District to the Medium Density Mixed Use Neighborhood (MMN)
District. The site is a remnant area of Industrial zoning resulting from the first Landing at Lemay
Rezone which was approved in February 2023.
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 7-0 on their consent
agenda to recommend approval of the request at their May 2023 hearing.
This item is a quasi-judicial matter 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.
City of Fort Collins Page 6 of 9
13. First Reading of Ordinance No. 101, 2023, Designating the Emma Malaby Grocery Property,
313 North Meldrum Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to
Chapter 14 of the Code of the City of Fort Collins.
The purpose of this item is to request City Landmark designation for the Emma Malaby Grocery
Property at 313 North Meldrum Street. In response to an application from the property owner,
Historic Larimer County, City staff and the Historic Preservation Commission have determined
the property to be eligible for designation under City Code Section 14-22, Standards 1 – Events,
2 – Persons/Groups, 3 – Design/Construction, and 4 – Information Potential. The owner is
requesting designation to ensure protection of the property's buildings and features and to gain
access to financial incentives for historic property owners.
14. Resolution 2023-066 Approving an Exception to the Use of a Competitive Process for
Biosolids Dewatering Polymer for the Drake Water Reclamation Facility.
The purpose of this item is to request an exception to the use of a competitive bid process for a
contract extension not to exceed five (5) years with Aqua Ben Corporation for purchase of
biosolids dewatering polymer is being brought forward for consideration.
The alternative is contrary to the City’s best interests for the following reasons:
Selection of an alternative biosolids dewatering polymer would require modification of the Drake
Water Reclamation Facility (DWRF) National Pollutant Discharge Elimination System (NPDES)
permit by Colorado Department of Public Health and Environment (CDPHE). Modification of
NPDES permits is prohibited when the status of a permit is administratively extended. The DWRF
NPDES permit is in a status of administrative extension.
Exception to the Competitive Bid or Proposal Rationale:
Section 8-161(d)(1)b. Although there exists more than one (1) responsible source, a competitive
process cannot reasonably be used or, if used, will result in a substantially higher cost to the City,
will otherwise injure the City’s financial interest, or will substantially impede the City’s
administrative functions or the delivery of services to the public.
15. Resolution 2023-067 Authorizing the City Manager to Execute an Intergovernmental
Agreement with Larimer County for the Funding of the Colorado Front Range Trail –
Poudre River Trail Segment with the Great Outdoors Colorado (GOCO) Grant
Reimbursement.
The purpose of this item is to support the Intergovernmental Agreement (IGA) with the City and
Larimer County for the Poudre River Trail segment grant. Larimer County, in partnership with Fort
Collins, Timnath, and Windsor, received a $2.0 million grant from Great Outdoors Colorado
(GOCO) for the completion of the remaining segments of the Poudre River Trail. The Grant will
fund construction of gaps in the trail from Colorado State University’s (CSU) Environmental
Learning Center (ELC) to River Bluffs Open Space west of Windsor including a spur connection
to Windsor’s Kyger Reservoir property.
Funds from the award will be used to close two gaps of the Poudre River Trail within the City, one
between Arapaho Bend Natural Area and the existing Timnath trail system on the east side of I-
25, and the other connecting the existing trail near Rigden Reservoir to CSU’s ELC. Alternative
alignments are being explored for the segment of trail between Rigden Reservoir and the ELC
(see attachment 2).
City of Fort Collins Page 7 of 9
16. Resolution 2023-068 Directing an Intergovernmental Agreement with Larimer County and
Certification of Ballot Questions for the Municipal Election to be Conducted by Larimer
County in Conjunction with the November 7, 2023, Coordinated Election.
The purpose of this Resolution is to authorize the City Manager to enter into an Intergovernmental
Agreement (IGA) with Larimer County for the conduct of the November election, and to direct the
City Clerk to certify ballot content to the County no later than September 8, 2023. Both of these
actions are required by State statute.
17. Resolution 2023-069 Making an Appointment to the Northern Colorado Regional Airport
Commission.
The purpose of this items is to appoint Michael Williams as the Fort Collins appointed Citizen
Member to the Northern Colorado Regional Airport Commission.
END OF CONSENT CALENDAR
J) ADOPTION OF CONSENT CALENDAR
K) CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on
items adopted or approved on the Consent Calendar.)
L) STAFF REPORTS - None.
M) COUNCILMEMBER REPORTS
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
The method of debate for discussion items is as follows:
• Mayor introduced the item number and subject; asks if formal presentation will be made by staff
• Staff presentation (optional)
• Mayor requests public comment on the item (three minute limit for each person)
• Council questions of staff on the item
• Council motion on the item
• Council discussion
• Final Council comments
• Council vote on the item
Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure
all have an opportunity to speak. The timer will buzz when there are 30 seconds left and the light will
turn yellow. It will buzz again at the end of the speaker’s time.
18. Items Relating to a City-Initiated Charter Amendment Relating to Referendum
Requirements.
A. Possible Public Hearing and Motion(s) Regarding Protest(s) of Ballot Language.
B. First Reading of Ordinance No. 102, 2023, Submitting to a Vote of the Registered Electors of
the City of Fort Collins Proposed Amendments to Sections 2 and 5 of Article X of the City Charter
Relating to Referendum and Petition Requirements.
City of Fort Collins Page 8 of 9
The purpose of this item is to set ballot language regarding proposed amendments to Sections 2
and 5 of Article X of the City Charter relating to referendum and petition requirements.
Following work with the Election Code Committee and through a Work Session on May 9, 2023,
Council directed staff to bring forward a potential ballot option to amend the City Charter to
reconcile contradictions in the referendum process.
Any protest of the proposed ballot language must be received no later than Monday, July 17,
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.
19. Items Relating to a City-Initiated Charter Amendment Relating to Residency Requirements.
A. Possible Public Hearing and Motion(s) Regarding Protest(s) of Ballot Language.
B. First Reading of Ordinance No. 103, 2023, Submitting to a Vote of the Registered Electors of
the City of Fort Collins Proposed Amendments to Articles II and IV of the City Charter Concerning
the Requirement that Certain Employees Live in or Near Fort Collins.
The purpose of this item is to set ballot language regarding the requirement that certain
employees live in or near Fort Collins.
Based on feedback from Councilmembers at the May 9, 2023, staff brings forward a potential
ballot option to amend the City Charter to remove requirements that certain employment position
types live in or near Fort Collins, allowing Council to establish any residency requirements by
ordinance or by employment agreement for employees reporting directly to Council. Currently, a
vote of the registered electorate is required to amend the Charter language that specifies City
positions that must live in or near Fort Collins.
Any protest of the proposed ballot language must be received no later than Monday, July 17,
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.
P) OTHER BUSINESS
OB 1. Possible consideration of the initiation of new ordinances and/or resolutions by
Councilmembers.
(Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate
and move forward with development and preparation of resolutions and ordinances not originating
from the Council's Policy Agenda or initiated by staff.)
Q) ADJOURNMENT
Every regular Council meeting will end no later than midnight, except that: (1) any item of business
commenced before midnight may be concluded before the meeting is adjourned and (2) the Council may,
at any time prior to adjournment, by majority vote, extend a meeting beyond midnight for the purpose of
considering additional items of business. Any matter that has been commenced and is still pending at the
conclusion of the Council meeting, and all matters for consideration at the meeting that have not yet been
considered by the Council, will be deemed continued to the next regular Council meeting, unless Council
determines otherwise.
City of Fort Collins Page 9 of 9
Upon request, the City of Fort Collins will provide language access services for individuals who have limited
English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services,
programs and activities. Contact 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for assistance.
Please provide advance notice. Requests for interpretation at a meeting should be made by noon the day
before.
A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no
dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que
puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al
970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione aviso previo cuando sea
posible. Las solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día
anterior.