Loading...
HomeMy WebLinkAboutMINUTES-06/06/2023-RegularJune 6,2023 COUNCIL OF THE CITY OF FORT COLLINS,COLORADO Council-Manager Form of Government Regular Meeting —6:00 PM PROCLAMATIONS AND PRESENTATIONS 5:00 PM A)PROCLAMATIONS AND PRESENTATIONS PP 1.Declaring the Week of May 21-27,2023 as Flood Awareness Week. PP 2.Declaring the Week of June 1-7,2023 as National CPR and AED Awareness Week. PP 3.Declaring the Week of June 4-10,2023 as Wildfire Awareness and Prevention Week. PP 4.Declaring June 19,2023 as Juneteenth Independence Day. PP 5.Declaring June 2023 as LGBTQ+Pride Month. 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 6:01 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 Councilmember Susan Gutowsky Councilmember Julie Pignataro Councilmember Tricia Canonico Councilmember Shirley Peel Councilmember Kelly Ohlson ABSENT Mayor Pro Tem Emily Francis City of Fort Collins Page 81 City Council Proceedings impact local small businesses and requested the regulations be revisited during the Land Use Code revision process. Lori Kempter (remote),Executive Director for Crossroads Safe House,thanked Council and the City for continued support of victims of domestic violence. Joe Sarr,Executive Regional Director for Catholic Charities,thanked Council and the City for funding for their program. Mark Houdashelt,Fort Collins resident,requested the formation of a committee or panel to assist residents in getting maximum benefit from the federal infrastructure bill and the inflation reduction act which provide significant incentives for both businesses and individuals to electrify buildings and vehicles.He stated he believes this work will be necessary for the City to reach its 2030 climate goals as natural gas and transportation emissions need be cut by 50 percent to reach those goals. John Sanderson,Fort Collins resident,encouraged Council to continue to work toward securing future water supply with the Halligan plan. Elizabeth Hudetz,Fort Collins resident,encouraged Council to support the large emitter tax and read parts of an article regarding the negative effects of the oil and natural gas industry.Additionally,she announced a ‘phase out fracking’ballot initiative event this weekend and an event on Father’s Day at Avogadro’s. Paul Anderson,Fort Collins resident,commented on family homebuyers versus private equity ~capitalists and stated the playing field needs to be equalized.He opposed the elimination of the ‘you ~plus two’(U+2)ordinance. ~Sarah Dentoni,Fort Collins resident and local landlord,discouraged the adoption of the rental ~registration program stating it will not increase affordability or housing supply.She expressed specific ~concern with the information requested as part of the implementation plan. ~~Mara Johnson,Chief Development Officer at Habitat for Humanity,thanked Council and the City for ~CDBG funding and provided an example of a family that will benefit from the program. Laurie Pasricha (remote),Fuerza Latina,requested revisions to the rental licensing program,including exemptions or optional registration for owner-occupied rentals and mobile home parks and including equity-based fee waivers or reductions for low-or fixed-income landlords. Melanie Potyondy (remote),Fort Collins resident,encouraged the City to shift from the use of non functional turf to more sustainable landscaping projects on City property. Dolores Williams,Fort Collins resident,expressed disagreement with the rental registration program stating it will not assist those on the verge of homelessness. Dr.Tim McLemore,Executive Director of Elderhaus,thanked Council and the City for support of the Elderhaus program through the competitive grant process,stated the program is the only adult daycare program for individuals with dementia remaining in the city allowing caregivers to work full-time knowing their loved ones are being well cared for. Public comment concluded at 6:58 p.m. H)PUBLIC COMMENT FOLLOW-UP Mayor Arndt requested input from staff regarding Mark Houdashelt’s comments related to the formation of a committee related to the inflation reduction act funding.Travis Storm,Chief Financial Officer,replied that by repurposing existing staff responsibilities a new City Senior Grants City of Fort CoIllns Page 83 City Council Proceedings This Ordinance,unanimously adopted on First Reading on May 16,2023,appropriates $3.58 million from Larimer County and authorizes transfers for the design and construction of Connexion in an area near the Harmony Road and Taft Hill Road intersection.At the June 6,2023 meeting, Council adopted a Resolution to enter into an Intergovernmental Agreement (IGA)to enable the City and Larimer County to collaborate to provide Connexion broadband communication service within unincorpora ted Larimer County,including within the City’s Growth Management Area.The initial project under the IGA to provide service to this area will establish a cost-and revenue- sharing relationship through which the County will provide $3.58M to fund the design and construction of the expansion of Connexion service on behalf of the County.Upon appropriation of these funds and completion of this work,approximately 1,000 premises will be connected to Connexion service,and Connexion will thereafter share with the County a portion of the service revenue from these areas,subject to annual appropriation.Subsequent projects will be authorized through similar work orders executed pursuant to the IGA. Adopted on Second Reading. 4.First Reading of Ordinance No.075,2023,Making Supplemental Appropriation of Unanticipated Grant Revenue and Authorizing Transfers for the Development of a Paratransit Mobile Application and Web Portal. The purpose of this item is to appropriate unanticipated grant revenue awarded to Trans fort by the Colorado Department of Transportation (“CDOT”),together with unencumbered Transit Services Fund amounts that will satisfy the grant’s local match requirement. Trans fort has applied for and been awarded a $50,000 state grant through CDOT’s Office of Innovative Mobility,to be used for the development of a para transit client web portal and mobile application.This grant requires a $10,000 local match. This Ordinance appropriates $50,000 in state grant revenue,and $10,000 in local match from the Transit Services Fund. Adopted on First Reading. 5.First Reading of Ordinance No.076,2023,Appropriating Prior Year Reserves for the Administration of the Land Use Code Regulations for Designated Areas and Activities of State Interest. The purpose of this Ordinance is to appropriate general fund dollars to administer the recently adopted 1041 regulations.The 1041 regulations represent a new permitting program for designated activities of statewide interest,including major domestic water,sewage treatment and highway projects. Pulled from Consent Adopted on First Reading. 6.First Reading of Ordinance No.077,2023,Appropriating Philanthropic Revenue Received Through City Give for the Carnegie Center for Creativity as Designated by the Donor. The purpose of this item is to request appropriation of $200,000 in philanthropic revenue received through City Give for the Carnegie Center for Creativity as designated by the donor. In 2019,City Give,a formalized enterprise-wide initiative was launched to create a transparent, non-partisan governance structure for the acceptance and appropriations of charitable gifts. Adopted on First Reading. 7.First Reading of Ordinance No.078,2023,Appropriating Philanthropic Revenue Received through City Give for Various Programs and Services as Designated by the Donors. City of Fort Collins Page 85 City Council Proceedings Both Ordinances Adopted on First Reading. 11.First Reading of Ordinance No.083,2023,Amending Chapter 23.5 of the Code of the City of Fort Collins Regarding Special Events. The purpose of this item is to update the City Code regarding special event permitting so that it allgns with current standards and practices.The majority of the changes are related to administrative tasks,such as fees,timelines,and permitting authorities.The amendment also includes allowing most of those changes to be handled at the administrative level,with City Manager approval,without coming back to City Council for every change. Adopted on First Reading. 12.First Reading of Ordinance No.084,2023,Amending Article IX of Chapter 2 of the Code of the City of Fort Collins Regarding Emergency Management. The purpose of this item is to amend the City Code to reflect updates on how emergency management programming is done and where the responsibility for that programming sits.This includes some updated language changes,as well as authorities and roles for staff and elected officials during a critical event. At Second Reading of the Ordinance,Council will be asked to consider a Resolution to adopt an updated Emergency Operation Plan (EOP)that supports and is consistent with the requested changes in the City Code. Adopted on First Reading. 13.First Reading of Ordinance No.085,2023,Repealing and Reenacting Article II of Chapter 9 of the City Code Regarding Open Fire and Burning Restrictions. The purpose of this item is to update the City Code provisions regarding restrictions on open fires and burning in the City to update references to the International Fire Code,improve defined terms, better describe what activities are or are not permitted during declared Stage 1 and Stage 2 fire restrictions,and provide a mechanism for Poudre Fire Authority to act quickly to postpone previously permitted burns when changes in weather conditions increase the fire danger. Adopted on First Reading. 14.Resolution 2023-048 Authorizing the Assignment of the City’s 2023 Private Activity Bond Allocation to Housing Catalyst and Colorado Housing and Finance Authority for CARE Housing to Finance the Construction and Rehabilitation of Affordable Homes. The purpose of this item is to support the new construction and rehabilitation of affordable housing at several locations in the City by assigning the City’s 2023 Allocation of Private Activity Bond (PAB)capacity.PAB capacity is required for development projects using 4°o Low-Income Housing Tax Credit financing. Adopted. 15.Resolution 2023-049 Authorizing the Execution of an Intergovernmental Agreement Between the City of Fort Collins,Colorado,and the Colorado Department of Transportation for the Maintenance of Traffic Signals,Signs,and Pavement Markings Within Fort Collins and Within the Fort Collins Growth Management Area. The City has a long-standing agreement with the Colorado Department of Transportation (CDOT) to maintain traffic control devices within the City and within the Growth Management Area (GMA). This update increases the amount that CDOT pays to the City for maintenance of signs and City of Fort Collins Page 87 City Council Proceedings Mayor Jeni Arndt •Visited a Friendship City,in Portugal and visited a wastewater treatment plant and a textile factory which was converted to biofuel. •Reported on a compliment from Ron Simmons,who classified himself as a frequent Transfort critic,about Charles Beaver,a Transfort driver. Councilmember Susan Gutowsky •Attended the Memorial Day celebration,complimented Councilmember Pignataro on her presentation,and discussed an emotional veteran presentation. •Reported on Open Streets event and speaking with Amber Kelly.She commended staff on moving forward with the program as planned despite rainy weather. Clerk’s Note:Mayor Arndt called for a break at 7:19 p.m.The meeting resumed at 7:32p.m. N)CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL DISCUSSION 5.First Reading of Ordinance No.076,2023,Appropriating Prior Year Reserves for the Administration of the Land Use Code Regulations for Designated Areas and Activities of State Interest. The purpose of this Ordinance is to appropriate general fund dollars to administer the recently adopted 1041 regulations.The 1041 regulations represent a new permitting program for designated activities of statewide interest,including major domestic water,sewage treatment and highway projects. Councilmember Peel requested clarification on the purpose of the funding.Deputy Planning, Development,and Transportation Director Paul Sizemore explained that a large portion of the appropriation will be reimbursed via billing applicants,and it will be used to fund the third-party consultants who will be completing the reviews.He clarified the $80,000 is not recoverable and will be used for mapping and additional data improvements for the program. Councilmember Peel requested clarification on why third-party consultants are being used instead of City staff.Sizemore replied staff does not have the expertise nor bandwidth to complete the reviews given their technical nature and the variable number of projects. Councilmember Peel stated she will not support the item. Councilmember Pignataro moved,seconded by Councilmember Canonico,to adopt on first reading Ordinance No.076,2023,Appropriating Prior Year Reserves for the Administration of the Land Use Code Regulations for Designated Areas and Activities of State Interest. Motion carried 5-1. Ayes:Councilmembers Ohlson,Canonico,Pignataro,Gutowsky and Mayor Arndt. Nay:Councilmember Peel. 0)CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION 17.Items Relating to Housing Strategic Plan Implementation:Rental Housing Registration Program. A.First Reading of Ordinance No.086,2023,Amending Chapter 5 of the Code of the City of Fort Collins to adopt a Rental Housing Registration Program as an Implementation Action of the Housing Strategic Plan and the Our Climate Future Plan. City of Fort Collins Page 89 City Council Proceedings developed through a community-centered approach that includes input from previous engagement efforts,public comments,guidance from Council,and updated input from non-profit partners,renters,and landlords.She detailed the program components and implementation strategies and provided examples of questions that could be asked as part of the rental registration application,including some that will be voluntary.Additionally,Yoder outlined the improvements to the mediation component of the program and detailed its implementation strategies,timeline,and budget structure. PUBLIC COMMENT Jolianne (no last name given),District 3 resident,stated no data has been presented to support the need for this program and the money it will cost to implement it.She stated the software should first be updated and data should be collected prior to the implementation of an entire new program.She suggested improving the current complaint-based system by allowing the public to access complaint records and results. Amber Kelley,Fort Collins landlord,suggested this is more like a licensing program than a registration program and stated any program should allow for ongoing collaboration between all parties. Kaori Keyser spoke in support of the program and stated the education component will be very important to advance the program. COUNCIL DISCUSSION Councilmember Canonico thanked staff for considering Council’s requests.She asked if there is a possibility of excluding mobile home parks or owner-occupied rentals and how that would impact the program financially.Yoder replied,it would be Council’s prerogative to allow exceptions.She noted the number of owner-occupied rentals is unknown,but the number of mobile home rentals is low;therefore,there would not likely be a significant financial impact. Councilmember Pignataro asked how often reports would be provided to Council.Yoder replied that quarterly reports will be provided. Councilmember Pignataro asked about the purpose of some of the requested information that is optional.Yoder replied staff was seeking some comparative data and the plan was to begin with individuals voluntarily providing some information to see if it adds value. Councilmember Pignataro asked how data will be protected.Staff replied the software platform will protect the data. Councilmember Pignataro asked why the property representative must be within 70 miles.Yoder replied staff had the goal of an hour response time;however,the mileage number is easier to quantify. Councilmember Pignataro asked what would need to happen if the City opted to start mandating upgrades that go beyond minimum habitability into a space of more environmentally-friendly upgrades,for example.Yoder replied additional Council action would be required. Councilmember Pignataro asked if the mediation program could also be used for landlords with problem tenants.Yoder replied in the affirmative. Councilmember Pignataro asked if an equity-based fee or fee reduction would be included in the program.Yoder replied that would take an amendment to what is written,and general fund dollars could be used to offset some of those fees.City Attorney Daggett noted provisions allow the City Manager to set fees and provide for fee reductions based on policies in place to promote City objectives. City of Fort Collins Page 91 City Council Proceedings to 44 different violations that needed to be corrected.She noted the mediation process is not used for habitability issues but for conflicts. Councilmember Gutowsky asked if the City has any rental properties.Overton replied there are a small number of City-owned rentals and those would be required to participate in the program if within City limits. Councilmember Pignataro asked about the options for exempting mobile home parks and owner- occupied rentals and including a registration fee sliding scale.City Attorney Daggett outlined options. Councilmember Pignataro moved,seconded by Councilmember Canonico,to adopt on first reading Ordinance No.086,2023,Amending Chapter 5 of the Code of the City of Fort Collins to adopt a Rental Housing Registration Program as an Implementation Action of the Housing Strategic Plan and the Our Climate Future Plan,modifying Code Section 5-283 in the Ordinance to exclude mobile home parks and owner-occupied rentals from the registration requirement. Councilmember Peel expressed concerns related to the information that is required to be provided, the legal boiler plate language in the Ordinance related to imprisonment being a consequence, and the two-week post move out allowance for reporting concerns.Mayor Arndt suggested Councilmember Peel work with staff to come back with amendments for second reading. Yoder clarified the two-week piece is not in the Code but is a suggestion for implementation. Councilmember Peel stated she will not support the item on first reading but will look for some compromises on second reading. Councilmember Ohlson complimented staff on the thoroughness of the presentation.He supported allowing for a period of time after a tenant moves out to file a complaint and concurred photo or video evidence should be required.He requested staff provide pros and cons of the mobile home rental exclusion prior to second reading. Councilmembers Gutowsky and Canonico also supported allowing for a period of time after move- out for an individual to file a complaint. Mayor Arndt commended staff and Council for work on this item. Motion passed 5-1. Ayes:Councilmembers Canonico,Pignataro,Gutowsky,Ohlson,and Mayor Arndt. Nay:Councilmember Peel Councilmember Pignataro moved,seconded by Coundilmember Canonico,to adopt on first reading Ordinance No.087,2023,Appropriating Prior Year Reserves in the General Fund for the Startup Phase of the Rental Housing Registration Program. Motion passed 6-0. City of Fort Collins Page 93 City Council Proceedings June 13,2023 COUNCIL OF THE CITY OF FORT COLLINS,COLORADO Council-Manager Form of Government Special Meeting —Following the Scheduled Work Session Clerk’s Note:No remote participation or FCTV broadcast.Public comment could be made live in the Colorado River Community Room at 222 Laporte Avenue. A)CALL MEETING TO ORDER Mayor Jeni Arndt called the meeting to order at 7:07 p.m.in the Colorado River Community Room at 222 Laporte Avenue,Fort Collins,Colorado. B)ROLL CALL PRESENT Mayor Jeni Arndt Councilmember Julie Pignataro Councilmember Susan Gutowsky Councilmember Kelly Ohlson Councilmember Shirley Peel Councilmember Tricia Canonico ABSENT Mayor Pro Tern Emily Francis STAFF PRESENT City Manager Kelly DiMartino City Attorney Carrie Daggett Assistant City Clerk Amani Charnberlin C)ITEMS FOR DISCUSSION 1.Consideration of a motion to adjourn into executive session. At the June 6 regular meeting,Council called a Special Meeting to consider going into Executive Session to conduct the mid-year evaluations of the City Manager,City Attorney,and Chief Municipal Judge. ‘1 move that the City Council go into Executive Session,as permitted under Article Two,Section Eleven of the City Charter,Section 2-31 (a)(1)of the City Code and Colorado Revised Statutes Section 24-6-402(4)(f)(roman numeral one),for the purpose of conducting mid-year performance reviews of the City Manager,City Attorney,and Chief Municipal Judge. City Manager 60 minutes City Attorney 60 minutes Chief Municipal Judge 45 minutes Note:Times are approximate with breaks,as necessary. City of Fort Collins Page 95 City Council Proceedings