HomeMy WebLinkAboutMINUTES-07/18/2023-RegularJuly 18,2023
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
PP 1.Declaring July 2023 as Smart Irrigation 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 6:00 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 Tricia Canonico (remote)
Councilmember Shirley Peel (remote)
Councilmember Kelly Ohlson
EXCUSED
Councilmember Julie Pignataro
STAFF PRESENT
Deputy City Manager Tyler Marr
City Attorney Carrie Daggett
Assistant City Clerk Ann Marie Sharratt
City Attorney Daggett noted Councilmembers Canonico and Peel are participating remotely and
therefore do not technically count toward a quorum or vote on any voted items.
City of Fort Collins Page 115 City Council Proceedings
E)CITY MANAGER’S AGENDA REVIEW
Deputy City Manager Tyler Marr provided an overview of the agenda,including:
•Noting 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.)
Janssen Nielsen stated he has lived in Fort Collins for about a year and has been working as a school
psychologist.He stated he would like to build a life here in Fort Collins;however,it is quite expensive
and unattainable for the working class.He would like to see the benefits of living in this beautiful and
progressive city be accessible for all and urged Council to follow the Land Use Code guiding principles
of increasing overall housing capacity,enabling more affordability,and increasing the diversity of
housing options as it is considering future changes.
Wayne Brothers stated he has lived in Fort Collins for 46 years.He commented on the evolving Land
Use Code noting Council has received two memos from staff,one regarding community engagement
activities and one regarding possible Code alternatives,which he stated fell short of its stated purpose.
He stated the alternatives presented by staff provide only minor tweaks to the repealed Land
Development Code and do not address many of the concerns highlighted in the community
engagement report,including the four alternatives for additional dwelling units (ADU5)in RL zones
which do not include an alternative for not allowing ADUs in low-density residential neighborhoods.
He stated ‘no change’should be offered as an alternative and stated increased density does not
directly lead to affordability.
Vicki Rossen (remote)stated she lives in the RL zone in southwest Fort Collins and was a public-
school teacher for 30 years.She stated there is a prevalent consensus among the majority of
homeowners in established single-family neighborhoods that they have not been heard in the new
Land Use Code proposals.She stated the density brought on by increased occupancy,changing the
U+2 Code,external ADU5,and multi-plex buildings will result in direct safety concerns to families
residing in established neighborhoods.She stated new neighborhoods will be able to integrate safety
into their design;therefore,the proposed changes would work for new neighborhoods.However,she
stated imposing radical increased density changes on existing neighborhoods will have disastrous,
unintended consequences to residential safety.
Ronald Hanser (remote)stated he lives in an RL neighborhood and made the investment in his home
two years ago based on the City’s existing housing Codes and the HOA covenants and with the faith
that the City would not do anything to damage the City or the underlying value of HOA neighborhoods.
He stated 80 percent of RL residents who participated in a survey expressed concern the proposed
Land Use Code changes may threaten their investments and neighborhoods.He stated he has worked
to support affordable housing;however,increased density does not equate to more affordability and
forced density in established single-family HOA neighborhoods is not a solution for affordability.
Additionally,he stated the City’s efforts to override longstanding covenants of HOAs in Fort Collins in
an effort to increase density are misguided and only serve to breed resentment.He supported
establishing new neighborhoods with higher density.
Adam Eggleston supported the Land Use Code outreach efforts and commented on rumors related
to intimidation tactics being used by a certain group threatening recalls and additional ballot measures
City of Fort Collins Page 116 City Council Proceedings
to repeal Land Use Code changes with which they disagree.He stated those types of tactics do not
reflect the character and culture of Fort Collins.He also commented on misinformation regarding
HOA5 noting there is state statute from 1992 that allows City policies to override HOA policies.
Rich Stave commented on item 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,Coordina ted Election,stating he did not
fully understand the dates referenced in the item.He also commented on riding Transfort and noted
the service does not run late enough to provide rides home from Council meetings.Additionally,he
commented on a transient breaking sprinkler heads off at a private business and stated those costs
will be passed on to the public.
Public Comment concluded at 6:24 p.m.
H)PUBLIC COMMENT FOLLOW-UP
Mayor Pro Tem Emily Francis requested a follow-up to Mr.Stave’s question regarding item 16.City
Attorney Daggett replied the City must enter into an intergovernmental agreement (IGA)with the
County before the end of July to participate in the County’s coordinated election,though the Council
has until the end of the first week in September to determine the actual ballot questions.
Mayor Pro Tem Francis asked if it would still be possible for a citizen-initiated item to be placed on the
ballot.City Attorney Daggett replied it would not be workable timewise for a petition to begin and make
its way to the November ballot due to deadlines for setting up the County election.
Mayor Pro Tem Francis stated there has been some discussion around which Code is being updated
and requested staff clarification.Deputy City Manager Marr replied Council has a work session on the
topic on July 31 and the updates being considered now are to the existing Land Use Code,and based
on Council direction from the last couple work sessions,staff will be presenting a range of options in
various areas,some of which mirror aspects of the repealed Land Development Code and some of
which do not.
Councilmember Kelly Ohlson noted that work session is on a Monday and asked if there will be any
extra promotion of that fact.Deputy City Manager Marr replied in the affirmative and noted that meeting
was rescheduled several weeks ago due to Neighborhood Night Out on August 1st.
I)COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
None.
J)CONSENT CALENDAR
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.
Approved.
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
City of Fort Collins Page 117 City Council Proceedings
(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.
Adopted on Second Reading.
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.
Adopted on Second Reading.
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.
Adopted on Second Reading.
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.
Adopted on Second Reading.
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,
City of Fort Collins Page 118 City Council Proceedings
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.
Adopted on Second Reading.
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.
Adopted on First Reading.
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.
Adopted on First Reading.
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
City of Fort Collins Page 119 City Council Proceedings
Council action would ensure that the remaining appropriated unds are used for their intended
purpose as affordable housing fee credits.
Adopted on First Reading.
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 ClS-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
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 (0CM)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 (0CM)$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.
Adopted on First Reading.
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.
Adopted both Ordinances on First Reading.
City of Fort Collins Page 120 City Council Proceedings
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 rezonirig 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.
Adopted both Ordinances on First Reading.
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.
Adopted on First Reading.
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.
City of Fort Collins Page 121 City Council Proceedings
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.
Adopted.
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).
Adopted.
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.
Adopted.
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.
Adopted,
END OF CONSENT CALENDAR
Mayor Pro Tern Francis moved,seconded by Councilmember Gutowsky,to approve the
recomrnended actions on items 1-17 on the Consent Calendar.
The motion carried 4-0.
City of Fort Collins Page 122 City Council Proceedings
K)CONSENT CALENDAR FOLLOW-UP
Councilmember Susan Gutowsky requested additional detail regarding item 8,First Reading of
Ordinance No.094,2023,Appropriating Philanthropic Revenue in the General Fund Through City
Give for Neighborhood Ses’vices for Community Workshops and the Creation and Distribution of a
Neighborhood Business Guide.Nina Bodenhamer,City Give Director,replied the grant was received
from the American Association of Retired Persons (AARP)and funds will be utilized to prepare
winterization kits and resource guides for mobile home park residents.
Mayor Arndt congratulated Michael Williams on his appointment per item 17,Resolution 2023-069
Making an Appointment to the Northern Colorado Regional Airport Commission.
L)STAFF REPORTS
None.
M)COUNCILMEMBER REPORTS
Councilmember Susan Gutowsky
•Judged the Fourth of July parade and commended the entries and patriotic energy.
•Attended the Northern Colorado Regional Airport terminal groundbreaking.
•Toured the Carnegie Building renovations with the DDA Board and staff and noted it will be a state
of the art venue for cultural events.
•Attended the NoCo Pride in the Park celebration.
•Commented on the opening of the Community Justice Alternative Center and on a presentation
by a panel of residents who have been able to circumvent jail by going through a step by step
program.
•Announced tomorrow’s cesarian birth of her grandson in California.
Councilmember Tricia Canonico
•Attended a listening session with Councilmember Peel for businesses in the South College
corridor.
•Toured the Northern Colorado Wildlife Center which aids wildlife in crisis.
•Attended the regional broadband celebration which highlighted municipal broadband in the region
and celebrated the hundreds of millions of dollars in funding Colorado is receiving from the
Broadband Equity Access and Deployment Initiative.
•Attended the asphalt art installation with FC Moves at the Roosevelt and Maple intersection.
Councilmember Shirley Peel
•Recognized individuals who donate to the community through City Give.
•Attended a tour of Crossroads Safehouse.
•Attended the Northern Colorado Regional Airport terminal groundbreaking.
•Announced a listening session Saturday from 9:00-11:00 a.m.at the Harmony Library.
•Thanked her neighbor,Gabe,who is nine,for a note thanking her for running for reelection.
Mayor Jeni Arndt
•Attended the Colorado Municipal League conference.
•Recognized City Manager Kelly DiMartino on attending the Harvard Leadership Training Program
and receiving a scholarship from the International City Managers Association based on a vote of
her peers.Noted the Poudre Fire Authority Chief is also in attendance at the training program.
City of Fort Collins Page 123 City Council Proceedings
N)CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
None.
0)CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
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.
a 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.
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 rece Wed 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
Ginny Sawyer,Senior Policy and Project Manager,stated this item and the next involve two
potential Charter amendments that Council showed some interest in possibly referring.She
provided the ballot language for the items.
PUBLIC COMMENT
Rich Stave stated the ten day time period for protests discourages public participation and
commented on the lack of opportunities for public participation leading up to a final decision being
made by Council.
COUNCIL DISCUSSION
Mayor Pro Tern Francis moved,seconded by Councilmember Ohison,to adopt on first
reading Ordinance Na 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.
Mayor Pro Tem Francis mentioned this clears up the City process given there was some confusion
during the last petition.Mayor Arndt concurred.
The motion carried 4-0.
Motion to Reconsider:
Mayor Pro Tern Francis moved,seconded by Councilmember Ohlson,to reconsider the
vote by which the first reading 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 was
adopted.
The motion carried 4-0.
City of Fort Collins Page 124 City Council Proceedings
Motion to Repass and add number 2:
Mayor Pro Tern Francis moved,seconded by Councilmember Ohison,to repass 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,as number 2 on the ballot
The motion carried 4-0.
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 Concern ing
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 ilve 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 IWe in or near Fort Collins.
Any protest of the proposed ballot language must be rece Wed 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.
Ginny Sawyer,Senior Policy and Project Manager,stated this item relates to residency
requirements based on City title and position that are currently in the Charter.It would pull those
requirements from the Charter and place them in the Code with the exception of the City Manager
residency requirement which would remain in the Charter.
PUBLIC COMMENT
Rich Stave stated this creates opportunity for political patronage and citizens of Fort Collins
expect those in public positions to be there to represent their best interests and live in the City.
COUNCIL DISCUSSION
None.
City Attorney Daggett noted the prior ordinance needs to have a number 2 or 3 inserted and
recommended moving forward with this vote then reconsidering the previous motion with that
inclusion.
Mayor Pro Tern Francis moved,seconded by Coundilmember Ohlson,to adopt on first
reading Ordinance No.103,2023,Submitting to a Vote of the Registered Electors of the
City of Fort Collins Proposed Amendments to Articles Il and IV of the City Charter
Concerning the Requirement that Certain Employees Live in or Near Fort Collins,as
number 3 on the ballot.
City of Fort Collins Page 125 City Council Proceedings
Mayor Arndt concurred with Mr.Stave’s comments.
The motion carried 4-0.
P)OTHER BUSINESS
OB 1.Possible consideration of the initiation of new ordinances and/or resolutions by
Councilmembers.
(Three or more mdi vidual Coundilmembers 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 Poilcy Agenda or initia ted by staff.)
Mayor Arndt stated she would like the Council to consider placing an item on the ballot asking the
registered electors whether Council should increase occupancy in Fort Collins given the level of public
interest in the topic.
Councilmember Ohlson opposed the suggestion stating it is a last-minute addition of a substantial
topic and its addition would be poor governance.He stated it should be Council that works out the
details on this issue and stated a Council vote to add this question to the ballot would not occur until
August which is only ten weeks prior to the election.
Mayor Arndt noted there was a previous petition attempt;therefore,she did not bring it up previously
so as to avoid interrupting the citizen initiative and this is the first Council meeting since.She stated
that having voter input on this topic would be beneficial.
Councilmember Ohlson stated he does not believe Council should react and place an item on the
ballot after a failed citizen-initiated petition attempt.
Mayor Pro Tem Francis supported asking voters whether to proceed with occupancy increases and
stated Council would still do the work of determining what those changes would be.
Councilmember Gutowsky stated placing this item on the ballot seems rushed and timing it with
Council elections could be troublesome given the contentiousness of the issue.
Councilmember Peel supported the Mayor’s suggestion as it would aid in identifying the will of voters.
Councilmember Canonico stated this has been an ongoing topic for years and giving voters the
opportunity to voice their opinions would be valuable.
Councilmember Ohlson commented on the importance of the language in phrasing a ballot question.
City Attorney Daggett stated staff will provide some variations for the August 15th meeting and stated
Council could adopt a resolution with the desired language then act to refer it to the voters.
City of Fort Collins Page 126 City Council Proceedings
0)ADJOURNMENT
There being no further business before the Council,the mee~ç~was adj~M~nedat7:7.gm.
ATTEST:
A,
Chief Deputy City Clerk
City of Fort Collins Page 127 City Council Proceedings