HomeMy WebLinkAboutMINUTES-11/21/2023-RegularNovember 21,2023
COUNCIL OF THE CITY OF FORT COLLINS,COLORADO
Council-Manager Form of Government
Regular Meeting —6:00 PM
PROCLAMATIONS &PRESENTATIONS
5:00 PM
A)PROCLAMATIONS AND PRESENTATIONS
PP 1.Declaring November 4,2023 as Fort Collins ARO Flag Football Teams State
Competition Day (Special Olympics).
PP 2.Declaring November 18,2023 as National Injury Prevention Day.
PP 3.Declaring November 23,2023 as Transgender Day of Remembrance and Resiliency.
PP 4.Declaring December 2,2023 as CHSAA Championship Saturday.
PP 5.Declaring November 2023 as Epilepsy Awareness 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 Julie Pignataro
Councilmember Tricia Canonico
Councilmember Shirley Peel
Councilmember Kelly Ohlson
STAFF PRESENT
City Manager Kelly DiMartino
City Attorney Carrie Daggett
City Clerk Anissa Hollingshead
Assistant City Clerk Ann Marie Sharratt
City of Fort Collins Page 224 City Council Proceedings
E)CITY MANAGERS AGENDA REVIEW
City Manager Kelly DiMartino provided an overview of the agenda,including:
•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.)
Derrin Evans,Fort Collins resident,commented on over expansion and experience growing up in San
Diego,asking what rate of expansion landfills and water sources can sustain.
Adam Eggleston,Fort Collins resident,took the opportunity in the spirit of Thanksgiving to express
appreciation and gratitude for the work of the Council and City staff on behalf of the community,noting
both the responsiveness of staff regardless of the issue or personal views and the commitment of
Council to navigating challenges.
Patricia Babbitt,Fort Collins resident,expressed thanks to everyone who supported her write in
candidacy in the mayoral election,offering an observation that too few Fort Collins residents feel like
voting is important.
Kimberly Chambers,Fort Collins resident,offered thanks to the Council for issuing the Transgender
awareness month proclamation,noting yesterday was the Transgender Day of Remembrance,this
year memorializing the loss of 63 lives of transgender people over the last 12 months.Chambers also
provided information about Splash Youth opening a teen center,serving individuals up to age 24,as
a safe space for LGBTQ young people.
Dan McDonald,Fort Collins resident,spoke to make Council aware of a serious issue affecting
disabled residents of the city as a result of reliable public transportation,both public and private.As
someone confined to a wheelchair due to MS,McDonald shared transportation requires a handicap
accessible van with no options available after 6 pm.
Public comment concluded at 6:21 p.m.
H)PUBLIC COMMENT FOLLOW-UP
Councilmember Canonico spoke to the statements of Dan McDonald regarding the lack of availability
of safe transit options.She spoke regarding seeing a community member and advocate today having
trouble crossing a busy intersection on Harmony,as well as her efforts in meeting with Dial A Ride.
City Manager DiMartino spoke to emerging discussions City teams will be engaged in around
additional options in this realm,including exploring microtransit opportunities.
Councilmember Canonico also expressed thanks to all candidates who ran in this election and offered
congratulations to all who won.
Mayor Arndt also offered her support for the importance of accessible public transit and thanked City
Manager DiMartino for staff’s focus on this.
City of Fort Collins Page 225 City Council Proceedings
I)COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
Councilmember Ohison pulled items 17 and 23 from the consent calendar.
J)CONSENT CALENDAR
1.Consideration and Approval of the Minutes of the October 17,2023 Regular Meeting.
The purpose of this item is to approve the minutes of the October 17,2023 regular meeting.
Approved.
2.Second Reading of Ordinance No.139,2023,Approving the Fiscal Year 2024 Budget,and
Being the Annual Appropriation Ordinance for the Fort Collins Downtown Development
Authority,and Fixing the Mill Levy for the Downtown Development Authority for Property
Taxes Payable Fiscal Year 2024.
This Ordinance,unanimously adopted on First Reading on October 17,2023,sets the Downtown
Development Authority (DDA)Budget.
The following amounts will be appropriated:
DDA Public/Private Investments &Programs $6,435,066
DDA Operations &Maintenance $1,477,626
Revolving Line of Credit Draws $9,000,000
DDA Debt Service Fund $9,431,611
The Ordinance sets the 2024 Mill Levy for the Fort Collins DDA at five (5)mills,unchanged since
tax year 2002.The approved Budget becomes the Downtown Development Authority’s financial
plan for 2024.
Adopted on Second Reading.
3.Second Reading of Ordinance No.140,2023,Adopting the 2024 Budget and Appropriating
the Fort Collins Share of the 2024 Fiscal Year Operating and Capital Improvements Funds
for the Northern Colorado Regional Airport.
This Ordinance,unanimously adopted on First Reading on October 17,2023,adopts the 2024
budget for the Northern Colorado Regional Airport and appropriates Fort Coffins’s share of the
2024 fiscal year operating and capital funds for the Airport.Under the Amended and Restated
Intergovernmental Agreement for the Joint Operation of the Airport between Fort Collins and
Loveland (the “IGA’),the Airport is operated as a joint venture with each city owning 50°c of the
assets and revenues and responsible for 50%of the operating and capital costs.The proposed
budget does not include any financial contributions from the City’s General Fund.Because each
city has an ownership interest in 50%of the Airport revenues,each city must appropriate its 50°c
share of the annual operating and capital budget for the Airport under the IGA.
Adopted on Second Reading.
4.Second Reading of Ordinance No.141,2023,Appropriating Philanthropic Revenue
Received by City Give for the 2023 Parks Independence Day Celebration.
This Ordinance,unanimously adopted on First Reading on October 17,2023,appropriates
philanthropic revenue designated for the 2023 Parks Independence Day Celebration.
Adopted on Second Reading.
City of Fort Collins Page 226 City Council Proceedings
5.Second Reading of Ordinance No.142,2023,Appropriating Philanthropic Revenue
Received Through City Give for the Art in Public Places Program,Pianos About Town
Project.
This Ordinance,unanimously adopted on First Reading on October 17,2023,appropriates
$45,221 in philanthropic revenue rece Wed by city Give for the Art in Publlc Places (APP)program.
This grant award was received from Bohemian Foundation for the designated purpose of Pianos
About Town,a collaborative effort among the City’s Art in Public Places program,the Fort Collins
Downtown Development Authority (DDA),and the donor,Bohemian Foundation.
Adopted on Second Reading.
6.Second Reading of Ordinance No.143,2023,Making a Supplemental Appropriation,
Appropriating Prior Year Reserves,Authorizing Transfers and Authorizing
Intergovernmental Agreements for the Air Toxics Community Monitoring Project.
This Ordinance,unanimously adopted on First Reading on October 17,2023,appropriates an
award the City received in the amount of $499,139 for an Air Toxics Community Monitoring Project
Grant from the Environmental Protection Agency (EPA)to provide air toxic monitoring that
responds to concerns of residents in underserved communities,builds a broader understanding
of air quality issues through innovative approaches including storytelling and art and empowers
residents to engage in policy and regulatory discussions.This three-year project will be conducted
in partnership with Colorado State University and the Larimer County Department of Health and
Environment with support from the Colorado Department of Public Health and Environment and
various community organizations.
The purpose of this item is to support the Air Toxics Community Monitoring project by:
•Appropriating $499,139 of unanticipated grant revenue awarded by the EPA
•Appropriating $70,178 from the General Fund reserves
•Utilizing matching funds in the amount of $3,230 from existing 2023 appropriations into this
new grant project
This item would authorize the City to accept the grant award and comply with the terms and
conditions.This item would also authorize the City to enter into an agreement with Colorado State
University to conduct the work contemplated by the grant agreement.
Adopted on Second Reading.
7.Second Reading of Ordinance No.144,2023,Appropriating Unanticipated Revenue From
a CDOT Safe Routes to School Grant and Authorizing Transfers for the Zach Elementary
School Crossings Project and Related Art in Public Places.
This Ordinance,unanimously adopted on First Reading on October 17,2023,enables the City to
receive and expend federal,Colorado Department of Transportation (CDOT),and local funds for
the Zach Elementary School Crossings Project (the Project).The funds will be used to design and
construct improvements at the intersection of Kechter Road and Jupiter Drive and at the
intersection of Kechter Road and ~in que foil Lane.These improvements will create safer
conditions for bicyclists,pedestrians,and motorists traveling in this location.If approved,the item
will:1)authorize the Mayor to execute an intergovernmental agreement (IGA)for the Project with
CDOT 2)appropriate $745,587 of Safe Routes to School (SRTS)grant funds for the Project;3)
City of Fort Collins Page 227 City Council Proceedings
appropriate matching funds from the SRTS School Transportation Safety Studies;4)appropriate
matching funds from the Bicycle Community Capital Improvement Program (Bicycle CCIP);5)
appropriate matching funds from the Pedestrian Community Capital Improvement Program
(Pedestrian CCIP);6)acknowledge anticipated funds contributed by the Poudre School District
(PSD);and 7)appropriate funds to the Art in Public Places Program.
Adopted on Second Reading.
8.Second Reading of Ordinance No.145,2023,Being the Annual Appropriation Ordinance
Relating to the Annual Appropriations for the Fiscal Year 2024;Amending the Budget for
the Fiscal Year Beginning January 1,2024,and Ending December 31,2024;and Fixing the
Mill Levy for Property Taxes Payable Fiscal Year 2024.
This Ordinance,unanimously adopted on First Reading on October 17,2023,amends the
adopted 2024 Budget.This Ordinance sets the amount of $802,507,950 to be appropriated for
fiscal year 2024.This appropriated amount does not include what is also being appropriated by
separate Council/Board of Director actions to adopt the 2024 budgets for the General
Improvement District (GID)No.I of $318,275,the 2024 budget for GID No.15 (Skyview)of
$1,000,the Urban Renewal Authority (URA)2024 budget of $6,121,898 and the Downtown
Development Authority 2024 budget of $26,344,303.The sum of these ordinances results in City-
related total appropriations of $835,293,426 for 2024.This Ordinance also sets the 2024 City mill
levy at 9.797 mills,unchanged since 1991.
On Second Reading,some minor additional edits have been made to the recitals and Section 4
of the Ordinance to identify that budgeted grant funds for Trans fort are designated as a non
lapsing appropriation,and that other grants and donations will be separately appropriated when
necessary.
Adopted on Second Reading.
9.Items Relating to 2024 Utility Rates,Fees,and Charges.
A.Second Reading of Ordinance No.146,2023,Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Electric Rates,Fees,and Charges and Updating the Related Income-
Qualified Assistance Program.
S Second Reading of Ordinance No.147,2023,Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Water Rates,Fees,and Charges.
C.Second Reading of Ordinance No.148,2023,Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Waste water Rates,Fees,and Charges.
D.Second Reading of Ordinance No.149,2023,Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Storm water Rates,Fees,and Charges.
These Ordinances,unanimously adopted on First Reading on October 17,2023,proposed the
2024 Utility Rates for Council consideration,which align with the 2024 City Manager’s
Recommended Budget Monthly utility charges are proposed to increase 5%for electric
customers,4%for water customers,4%for wastewater customers,and 3%for stormwater
customers.
Adopted all Ordinances on Second Reading.
City of Fort Collins Page 228 City Council Proceedings
10.First Reading of Ordinance No.150,2023,Making a Supplemental Appropriation for the
Oak Street Stormwater Improvements Project.
The purpose of this item is to request appropriation to cover the expenses related to the recent
bond issuance for the Oak Street Storm water Improvements Project.
The Storm water Utility Enterprise Board unanimously adopted Ordinance No.011 on October 3,
2023,authorizing a bond issuance in the Storm water Fund for the cons truction of the Oak Street
Storm water Improvements project Following the sale and closing of the bonds’gross proceeds,
the amount of $40.4M have been paid into the Stormwater Fund on October 31,2023.
This first appropriation request is being brought for your consideration to cover expenses for the
recent bond issuance,including closing costs and underwriter’s fees associated with closing of
the bond.Payment for expenses will be made by the end of 2023.
The total amount being requested for appropriation is:$375,931.
A second appropriation request will be brought forth once the cons truction contractor selection
process is complete and the construction contract value has been finalized.The anticipated
schedule is late December2023 or January2024.
Adopted on First Reading.
11.First Reading of Ordinance No.151,2023,Appropriating Prior Year Reserves in the General
Fund and Transportation Services Fund for Snow Removal.
The purpose of this item is to appropriate prior year reserves to cover snow removal costs that
have exceeded the 2023 budget.Overspend in the snow budget is driven by severe snowstorms
that present cold temperatures,ice,and higher volumes of snow.
Adopted on First Reading.
12.First Reading of Ordinance No.152,2023,Appropriating Philanthropic Revenue Received
by City Give for the 9/11 Memorial,Park Planning and Design for the Construction of the
9/11 Memorial at Spring Park.
The purpose of this item is to request appropriation of $24,870.70 for the designated purpose
toward the park planning and design for the construction of the 9/11 Memorial at Spring Park,
2100 Mathews Street,Fort Collins,Colorado.
A partnership between the City of Fort Collins and Poudre Fire Authority (PFA),the 9/11 Memorial
will be located in midtown Fort Collins,and will honor firefighters,emergency medical technicians,
law enforcement officers,and nearly 3,000 others who lost their lives on September 11,2001.
Adopted on First Reading.
13.First Reading of Ordinance No.153,2023,Appropriating Philanthropic Revenue by City
Give for Fort Collins Police Services for the 2024 Police Leaders’Summit.
The purpose of this item is to request appropriation of $5,850 in philanthropic revenue received
by City Give for Fort Collins Police Services for the 2024 Police Leaders’Summit 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.
City of Fort Collins Page 229 City Council Proceedings
14.First Reading of Ordinance No.154,2023,Making Supplemental Appropriations of
Unanticipated Grant Revenue and Authorizing Transfers for Transfort and Ebus Charging
Equipment.
The purpose of this item is to appropriate unanticipated grant funding for Trans fort operational
and capital needs.
Adopted on First Reading.
15.First Reading of Ordinance No.155,2023,Appropriating Unanticipated Revenue and
Authorizing Transfers for Replacement of Bicycle Racks in Downtown Fort Collins.
The purpose of this item is to support replacement of aged and corroded bike racks with new bike
racks that provide improved accessibility along downtown sidewalks by:
•Appropriating $15,050 of unanticipated grant revenue awarded by Colorado Department of
Transportation (CDOT);and
•Utilizing matching funds in the amount of$1,672 from existing 2023 appropriations for this new
grant project.
Pursuant to the State of Colorado Small Dollar Grant Terms and Conditions (Attachment 3),and
in accordance with Section 1-22 of the City Code,the City Manager has accepted this grant
agreement.
Adopted on First Reading.
16.First Reading of Ordinance No.156,2023,Making a Supplemental Appropriation from the
Colorado Division of Criminal Justice of Unanticipated Grant Revenue for Various
Restorative Justice Services Programs.
The purpose of this item is to appropriate grant revenue to fund Restorative Justice Services
within Community Development and Neighborhood Services.
Additional grant funds in the amount of $12,000 have been awarded from the Colorado Division
of Criminal Justice (DCJ)Juvenile Diversion fund for the continued operation of Restorative
Justice Services,which includes the RESTORE program for shoplifting offenses,and the
Restorative Justice Con ferencing Program (RJCP)and Reflect Program for all other offenses.
The $12,000 in grant funds are in addition to a grant awarded to Restorative Justice Services
earlier this year from DCJ in the amount of $57,356,bringing the total amount of the awarded
grant to $69,356.No match is required and the grant period is July 1,2023,to June 30,2024.
Adopted on First Reading.
17.First Reading of Ordinance No.157,2023,Making A Supplemental Appropriation,
Appropriating Prior Year Reserves,Authorizing Transfers and Authorizing the City
Manager to Enter into an Agreement for the Zero Carbon Performance Code Project.
The purpose of this item is to support the Zero Carbon Performance Code Project by:
•Appropriating $693,595 of unanticipated revenue awarded by the Department of Energy (DOE);
•Appropriating $152127 from Light and Power Fund reserves;
City of Fort Collins Page 230 City Council Proceedings
•Transferring $7,600 matching funds from existing 2023 appropriations in the Light &Power
Fund;and
•Appropriating $46,842 from General Fund reserves.
In July 2023,the Department of Energy (DOE)awarded the City of Fort Colllns (City)$693,595
under the Bipartisan Infrastructure Law,Resilient and Efficient Codes Implementation (RECI)
funding.The award supports development of a Zero Carbon Performance Energy Code
framework by 2030 to meet energy use and carbon emissions reduction targets and replace
prescriptive energy code models.This framework will be developed as a Code path to include
successive code update cycles focused on an end goal of zero carbon new construction in the
2030 code cycle.
This project directly aligns with Our Climate Future’s Big Move 6 “Efficient,Emissions Free
Buildings.”It also recognizes the importance of building energy codes as an effective strategy to
improve health and safety,comfort,climate resilience and lower energy costs within community
buildings.
While the DOE did not provide the final grant agreement before first reading of this Ordinance,
staff is seeking approval to being spending resources toward the City’s anticipated match.The
City’s $206,569 match will be met principally through Energy Services and Building Services staff
personnel time.Upon presentation of its final grant agreement and DOE confirmation of its
$693,505 award (anticipated to occur before or contemporaneous with second reading),the DOE
grant will be applied to reimburse project partners and the City.DOE funds and the City’s match
support total project costs of $900,164.
Pulled from Consent Calendar.
18.First Reading of Ordinance No.158,2023,Amending the City’s Master Street Plan.
The purpose of this item is to request approval by Council of proposed amendments to the Master
Street Plan for the purposes of implementing recommendations from the North College MAX Plan,
regular clean-up items,and a request from Montava.
Adopted on First Reading.
19.First Reading of Ordinance No.159,2023,Authorizing the Purchasing Agent to Enter Into
a Contract for Services,Professional Services anwor Construction in Excess of Five Years
for the Golf Professional and the Food and Beverage Concessionaire at City Park Nine Golf
Course.
The purpose of this item is to authorize the Purchasing Agent,pursuant to City Code Section 8-
186(a),to enter into a contract greater than five years in length for the Golf
Professional/Concessionaire at City Park Nine Golf Course.This contract was originally awarded
by competitive purchasing processes in accordance with City Code Section 8-158,Competitive
sealed proposals.The contract for the Golf Professional/Concessionaire includes a provision for
the City to extend the contract for up to an additional five years,subject to Council approvaL
Extending the contract for the Golf Professional/Concessionaire at City Park Nine Golf Course is
in the City’s best interest.
Adopted on First Reading.
City of Fort Collins Page 231 City Council Proceedings
20.First Reading of Ordinance No.160,2023,Approving the Vacation of a Drainage Easement
Located on Tract A of the Old Town North,Fifth Filing Subdivision.
The purpose of this item is to approve an Ordinance that would vacate a 0.808 acre drainage
easement (the “Easement”)that was dedicated on Tract A of the Plat of the Old Town North Fifth
Filing (the “Subdivision”)for the benefit of the City because the Easement is no longer required
by the City’s Stormwater Utilities Department.
Adopted on First Reading.
21.First Reading of Ordinance No.161,2023,Authorizing the Conveyance of Three Permanent
Easements and a License to Enter to Colorado State University for Installation of Fiber
Optic Cables on City Property.
The purpose of this item is to approve an Ordinance that would permit the conveyance of three
(3)permanent easements (the “Easements”)and one (1)license to enter (the “License’)to
Colorado State University (“CSU’)for the installation and operation of fiber optic cables on City
property to connect the Powerhouse Energy Campus (the “Powerhouse Campus’)located at 430
North College Avenue to the CSU main campus and allow for future CSU fiber optic connectivity
to the Powerhouse 2 facilities.
Adopted on First Reading.
22.Resolution 2023-094 Approving an Exemption to the Competitive Purchasing Process to
Procure Cornerstone OnDemand,Inc.’s Talent Management Software.
The purpose of this item is to request approval of an exception to the competitive purchasing
process to continue to use Cornerstone as the City’s Talent Management software.The City’s
existing five-year agreement with Cornerstone for the software will expire in December2023 and
the City seeks to enter into a new agreement with Cornerstone.Not continuing the City’s
contractual relationship with Cornerstone would substantially impede the City’s administrative
functions and would also harm the City’s financial interests.
Adopted.
23.Resolution 2023-095 Adopting the City’s 2024 Legislative Policy Agenda.
The purpose of this item is to consider and adopt the City’s 2024 Legislative Policy Agenda.Each
year the Legislative Review Committee develops a legislative agenda to assist in the formation,
analysis,and advocacy of pending legislation and regulation.The Legislative Policy Agenda is
used as a guide by Council and staff to determine positions on legislation and regulation under
consideration at the state and federal levels and as a general reference for state legislators and
the City’s congressional delegation.
The Legislative Review Committee reviewed and made changes/updates at the October 3,2023,
meeting and reviewed and recommended adoption at the November 14,2023,meeting.
Pulled from Consent Calendar.
City of Fort Collins Page 232 City Council Proceedings
24.Public Hearing and Resolution 2023-096 Approving $1.2 Million in HOME Investment
Partnership Act American Rescue Plan Act Funding to the Heartside Hill Affordable
Housing Development.
The purpose of this item is to approve the funding recommendations of $1.2 Million in HOME
In vestment Partnership Act-American Rescue Plan Act funding (HOME-ARP)to the Heartside Hill
affordable housing development
Adopted.
25.Resolution 2023-097 Approving the 2024 Operating Plan and Proposed Budget of the Fort
Collins Midtown Business Improvement District.
The purpose of this item is to consider a Resolution approving the Fort Collins Midtown Business
Improvement District’s 2024 Annual Budget and 2024 Operating Plan,which are attached as
Exhibits A and B,respectively,to the proposed Resolution.
Adopted.
26.Resolution 2023-098 Approving the 2024 Annual Plan and Proposed Budget of the Fort
Collins Tourism Improvement District.
The purpose of this item is to consider a Resolution approving the Fort Colllns Tourism
Improvement District’s 2024 Annual Budget and 2024 Annual Plan,which are attached as Exhibits
A and B,respectively,to the proposed Resolution.
Adopted.
27.Resolution 2023-099 Making an Appointment to the Human Services and Housing Funding
Board.
The purpose of this item is to appoint Michael Kulisheck to the Human Services and Housing
Funding Board.Michael Kulisheck was originally appointed in 2020,however,his term has
expired,creating a vacancy he has applied to fill.
Adopted.
END OF CONSENT CALENDAR
Mayor Pro Tern Francis moved,seconded by Councilmember Pignataro,to approve the
recommended actions on items 1-16,18-22,and 24-27 on the Consent Calendar.
The rnotion carried 7-0.
K)CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on
items adopted or approved on the Consent Calendar.)
Councilmember Pignataro:asked on item 22,the exemption to the competitive purchasing price,if
there will be a final price prior to second reading.City Manager DiMartino indicated she would check
into that about not yet having a final price,and if we will have that price by second reading.DiMartino
will follow up
City of Fort Collins Page 233 City Council Proceedings
On item 26,Councilmember Pignataro requested clarification on the Colorado Tourism District
regarding why they have a contingency and reserves and what they see as the difference between
those two.Josh Birks,Deputy Director,Sustainability Services,indicated he would need to follow up
with that answer.
On item 27,Mayor Arndt commented and offered congratulations to Mike Kulisheck on his
appointment to the Human Services and Housing Funding Board,noting confidence in his service.
Councilmember Ohlson commented on items 19 &22 as similar items,both extending contracts
beyond five years.He requested in the future long term contracts should be presented early enough
to allow other considerations if needed in the event Council doesn’t support extending it,rather than
a month and a half before a 5-year contract expires.He shared he doesn’t have any trouble with these
two contracts but as a matter of good policy the role of Council should be respected with more timely
consideration of options.
L)STAFF REPORTS
None.
M)COUNCILMEMBER REPORTS
Councilmember Shirley Peel gave a shout out to Natural Areas for work that was done on the parking
lot at Cathy Fromme that was much needed.
Councilmember Susan Gutowsky shared appreciation for the impressive special event by the Air
Force ROTC at Veterans Plaza on Veterans Day;and also noted the annual turning on of the holiday
lights was also a very special event in partnership with the ODA that never loses its luster.She
encouraged residents to spend time in our beautiful downtown and patronizing our small businesses.
Mayor Jeni Arndt noted the ongoing work of Don Butler for his commitment to guiding the North Fort
Collins Business Association in running the Coats and Boots project,now in its 17111 year,this year
delivering new items,delivering 2,417 pieces of new outdoor wear to more than 1200 children in the
PSD.Don has raised over $100,000 for the program.Scheels Sporting Goods has also been a good
partner in the program in helping supply discounted wear.
Councilmember Julie Pignataro shared about the recently concluded National League of Cities
conference in Atlanta that she attended along with Councilmembers Gutowsky and Canonico.She will
also be serving on the NLCs Women in Municipal Government board for the next two years.She
concluded by noting sessions and conversations at NLC clearly demonstrated housing is an issue
throughout the United States.
N)CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
17.First Reading of Ordinance No.157,2023,Making A Supplemental Appropriation,
Appropriating Prior Year Reserves,Authorizing Transfers and Authorizing the City
Manager to Enter into an Agreement for the Zero Carbon Performance Code Project.
The purpose of this item is to support the Zero Carbon Performance Code Project by:
•Appropriating $693,595 of unanticipated revenue awarded by the Department of Energy (DOE);
•Appropriating $152,127 from Light and Power Fund reserves;
City of Fort Collins Page 234 City Council Proceedings
•Transferring $7,600 matching funds from existing 2023 appropriations in the Light &Power
Fund;and
•Appropriating $46,842 from General Fund reserves.
In July 2023,the Department of Energy (DOE)awarded the City of Fort Collins (City)$693,595
under the Bipartisan Infrastructure Law,Resillent and Efficient Codes Implementation (RECI)
funding.The award supports development of a Zero Carbon Performance Energy Code
framework by 2030 to meet energy use and carbon emissions reduction targets and replace
prescriptive energy code models.This framework will be developed as a Code path to include
successive code update cycles focused on an end goal of zero carbon new construction in the
2030 code cycle.
This project directly aligns with Our Climate Future’s Big Move 6 “Efficient,Emissions Free
Buildings.”It also recognizes the importance of building energy codes as an effective strategy to
improve health and safety,comfort,climate resilience and lower energy costs within community
buildings.
While the DOE did not provide the final grant agreement before first reading of this Ordinance,
staff is seeking approval to begin spending resources toward the City’s anticipated match.The
City’s $206,569 match will be met principally through Energy Services and Building Services staff
personnel time.Upon presentation of its final grant agreement and DOE confirmation of its
$693,595 award (anticipated to occur before or contemporaneous with second reading),the DOE
grant will be applied to reimburse project partners and the City.DOE funds and the City’s match
support total project costs of $900,164.
There was not a staff presentation,however staff was available for questions.
There was no public comment on this item.
Councilmember Ohlson commented on a paragraph in the Agenda Item Summary that implied
businesses and others with vested economic interests get a seat at the table to offer input on
developing work product relating to environmental issues where members of the public do not have
that same access through the working groups that are convened by the City,expressing his
disappointment with what is being presented today and offering his dissent.
Mayor Pro Tem Francis noted her perceptions are different and requested clarification from staff on
intent.
Staff member Brad Smith with Energy Services commented on the intent to deviate from the typical
process used of a development code committee typically made up exclusively of those in the building
industry.Instead,the objective is to convene a much more diverse group including a range of
stakeholders,including environmental advocates,to participate in this process.
Councilmember Ohlson indicated language around vested interests does not demonstrate the type of
approach he is looking to see.
Councilmember Canonico offered her interpretation vested interests can include a range of
perspectives,including around environmental concerns,affordability and other issues.
Councilmember Pignataro asked if there will be follow up with the Council what kind of working group
is formed.City Manager DiMartino noted the staff team has heard clearly from Council the importance
of a diverse work group and are happy to share the makeup of this group as it comes together.
City of Fort Colllns Page 235 City Council Proceedings
Councilmember Ohlson noted that historically ‘vested interest implies economic interests,and
suggested more care on wording used is important.
Mayor Pro Tern Francis rnoved,seconded by Councilrnernber Canonico,to adopt on First
Reading Ordinance No.157,2023,Making A Supplemental Appropriation,Appropriating Prior
Year Reserves,Authorizing Transfers and Authorizing the City Manager to Enter into an
Agreement for the Zero Carbon Performance Code Project
The motion carried 6-1.
Ayes:Councilmembers Gutowsky,Peel,Canonico,and Pignataro,Mayor Pro Tern Francis,and
Mayor Arndt.
Nays:Councilrnember Ohison.
23.Resolution 2023-095 Adopting the City’s 2024 Legislative Policy Agenda.
The purpose of this item is to consider and adopt the City’s 2024 Legislative Policy Agenda.Each
year the Legislative Review Committee develops a legislative agenda to assist in the formation,
analysis,and advocacy of pending legislation and regulation.The Legislative Policy Agenda is
used as a guide by Council and staff to determine positions on legislation and regulation under
consideration at the state and federal levels and as a general reference for state legislators and
the City’s congressional delegation.
The Legislative Review Committee reviewed and made changes/updates at the October 3,2023,
meeting and reviewed and recommended adoption at the November 14,2023,meeting.
There was no staff presentation or public comment on this item.
Councilmember Ohlson asked if the language that was struck under the Recycling and Solid Waste
Reduction section,that had been listed as item 6,regarding supporting extended producer
responsibility initiatives that fund recycling programs was moved or if something was passed in the
legislature.He shared his belief this is one of the most important things that can be done at the local
level to reduce the need for recycling.
Mayor Arndt noted the producer responsibility bill was passed last year under the leadership of
Senator Lisa Cutter.This is currently in rule making.
Councilmember Ohlson talked about Colorado having one of the worst rates of recycling in the
country,as a recent story in the Denver Post documented,solidifying why this is so important to him
and encouraging the City to remain involved in rule making.
In the Housing Section,Councilmember Ohlson noted he does not support item 8,regarding support
for consideration of incentives and/or requirements to encourage land use reforms that will increase
housing supply statewide,as that seems similar to what the State tried to do last year.He stated he
views these issues as a matter of home rule and local control and something the City should do at
the local level rather than asking the State to step into that space.
Lead Project Manager Ginny Sawyer noted there was conversation the recycling piece that was
discussed.She noted the struck language has actually already been added back into the clean copy
based on the interest in remaining engaged in rulemaking as was just requested.
Mayor Pro Tern Francis moved,seconded by Councilmember Canonico,to adopt Resolution
2023-095,Adopting the City’s 2024 Legislative Policy Agenda.
The motion carried 6-1.
City of Fort Collins Page 236 City Council Proceedings
Ayes:Councilmembers Peel,Canonico,Pignataro,and Gutowsky,Mayor Pro Tern Francis,and
Mayor Arndt.
Nays:Councilmember Ohison.
0)CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
28.First Reading of Ordinance No.162,2023,Adopting the East Mulberry Plan as an Update
of the 2002 East Mulberry Corridor Plan.
The purpose of this item is for Council to consider adoption of the draft East Mulberry Plan and
potential annexation considerations related to the plan.Staff will share a potential approach to
annexation for Council to consider based on a concept referred to as ‘Thresholds.”
Chief Financial Officer Travis Storm provided an introduction to this topic and the work done by staff
in accordance with the guidance of Council to produce this plan in parallel with a robust public
engagement effort.Storm also noted concerns heard from some community members about the
predictability of actions under this plan,while also noting annexation is not the primary focus of the
plan.
Senior Policy and Project Manager Sylvia Tatman-Burrus -noted tonight’s presentation would include
briefly reviewing information already provided at the recent work session,as well as the additional
information provided to City Council today in read before packet materials,including information from
the Planning and Zoning Commission hearing with that body’s recommendations.Tatman-Burruss
and Senior Long Range Planner Megan Keith presented as set forth in the slide deck in the agenda
materials.
PUBLIC COMMENT
None.
COUNCIL DISCUSSION
Councilmember Pignataro asked staff to talk about the annexation transition committee and whether
it is right-sized.Planner Keith noted the committee is a requirement of Colorado Revised Statutes
based on parameters of 100 people and 50 acres,which a number of thresholds for annexation may
meet,leading to the recommendation this committee be formed with the first threshold undertaken,
with a primary purpose of ensuring adequate communication about the annexation.
Councilmember Gutowsky asked who does the selection of annexation transition committee
members.Planner Keith noted leadership positions in each entity make selections for county and city
members,with those initial members developing an application process to identify people who are
interested in serving who are within the threshold area.
Councilmember Peel expressed appreciation to staff for the hard work on this plan and the approach
used,including incorporating lessons learned from the South College Annexation.In responses to
questions about ensuring we clearly know who is responsible for specific roads post-annexation,
Planner Keith pointed to data between the County and the City about maintenance responsibilities.
CEO Storm identified how the Mulberry Plan lays out the 46 miles of roads potentially involved,with
clarity on which agency a given mile of roadway falls under.What may not be satisfactory is the level
of standards for maintenance under each responsibility,but there are not similar areas in this plan
area without clarity on who is responsible as occurred in some parts of the South College Plan.
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Peel also asked about electric lines and that being dependent on budget,and how it can be assured
this will not be put on hold indefinitely.CEO Storm spoke to how the thresholds model can reduce the
predictability of when services are rolled out in different parts of the city,given there may not always
be clear lines of sight for adding service with each threshold.The overall intent,however,is to
ultimately ensure full underground electric service is provided throughout the enclave when annexed.
Peel asked how the City will prevent agricultural businesses being displaced due to annexation and
zone changes.Planner Keith indicated the plan includes specific considerations for maintaining these
businesses,including adding these types of businesses to the City’s industrial zone classification.
Regarding effects on small businesses,Peel spoke about the hardship of bringing businesses up to
code as part of any redevelopment.She expressed concern about the level of discretion that seems
to be given to whomever is conducting the development review.Planner Keith indicated there is some
existing flexibility within the City’s standards that can be applied in any part of the city,identifying
where in this plan this flexibility can be used to support identified goals in the plan.Councilmember
Peel commented that this is a concern as it may not do enough to protect small businesses.Peel also
asked about the capacity of the Economic Health Office to support businesses in the area under the
threshold approach.Planner Keith indicated that is something that will need to be looked at as each
threshold moves forward,also noting smaller areas moving forward at a time may also help support
staff capacity.Peel also asked when collaboration with Larimer County on development review would
start.Tatman-Burruss indicated this is already happening when applications for property contiguous
with city boundaries come in to Larimer County and this will continue.
Mayor Pro Tem Francis expressed thanks to staff on the work done,noting it is both a thoughtful plan
and thoughtful approach.Francis also offered thanks to Councilmember Peel for her advocacy and
determination to ensure the City has learned from issues that arose in prior annexations.Mayor Arndt
reiterated those remarks and also expressed appreciation for the hard work of the Planning and
Zoning Commission in considering these topics and making thoughtful recommendations.
Councilmember Gutowsky also expressed appreciation for the development of the thresholds
approach that was able to get to this point from what had seemed like an overwhelming starting place.
Gutowsky asked at point in the process do discussions about the money for moving forward with
annexation.CEO Storm noted the financial analysis provides an overall look at this topic.As each
threshold moves forward,the financial analysis will need to looked at closely at that point as part of
the determination of whether to annex or note.Eor utilities,dollars will come from capital sources,
including bonding.On the government side,it would be through general fund,both for revenue and
expenses.Gutowsky also asked about the expected timing for being able to remake the Mulberry
corridor entrance view.Storm indicated the high-level answer is that is not known.He spoke
specifically to the approach to interchanges in partnership with CDOT,generally with 50%participation
by CDOT.
Councilmember Canonico added her gratitude to staff for their great work.
Mayor Pro Tern Francis rnoved,seconded by Councilrnember Pignataro,to adopt Ordinance
No.162,2023,Adopting the East Mulberry Plan as an Update of the 2002 East Mulberry Corridor
Plan,incorporating the staff recommendations from the Planning and Zoning Commission,on
First Reading.
The motion carried 7-0.
City of Fort Collins Page 238 City Council Proceedings
29.Resolution 2023-1 00 Expressing Gratitude and Appreciation to Deputy City Attorney John
Duval for his Contributions to the City and the Community.
The purpose of this item is to express gratitude and appreciation to John Duval for his
contributions to the City and the community as Deputy City Attorney.
PUBLIC COMMENT
None.
COUNCIL DISCUSSION
The members of Council each offered their individual appreciation to John Duval.
By unanimous consent,the rules of Council were suspended to allow a member of the public to address
Council.John Duval offered remarks regarding his service and history in the community of Fort Collins.
Mayor Pro Tern Francis moved,seconded by Coundilmember Canonico,to adopt Resolution
2023-100 Expressing Gratitude and Appreciation to Deputy City Attorney John Duval for his
Contributions to the City and the Community.
The motion carried 7-0.
Clerk’s Note:Mayor Arndt called for a 10-minute break at 7:50 p.m.The meeting resumed at
8:01 p.m.
30.Resolution 2023-101 Appointing Two Councilmembers to a Joint Committee with Loveland
Regarding Airport Governance for the Northern Colorado Regional Airport and Authorizing
Release of a Related Confidential Legal Memorandum.
The purpose of this item is to designate two Coundilmembers to represent Fort Collins as part of
a joint committee with the Loveland City Council to discuss,evaluate and make recommendations
regarding alternative models of governance at the Northern Colorado Regional Airport.
City Manager Kelly DiMartino provided some background and context on this item,outlining recent
actions associated with the Northern Colorado Regional Airport and the work that has been
undertaken around the future of airport governance.DiMartino reviewed the two asks to Council
tonight,including the identification of two members of Council to share on a governing board,and also
to consider waiving attorney-client privilege to allow the release of a related confidential legal memo.
PUBLIC COMMENT
None.
COUNCIL DISCUSSION
Mayor Arndt shared her support for making the memorandum public and also stated her willingness
to serve on this committee.
Councilmember Pignataro also stated support for releasing the memo and expressed willingness to
serve as well.
City of Fort Collins Page 239 City Council Proceedings
Mayor Pro Tern Francis moved,seconded by Councilmernber Canonico,to adopt Resolution
2023-101 Appointing Two Councilmembers to a Joint Committee with Loveland Regarding
Airport Governance for the Northern Colorado Regional Airport,appointing Mayor Arndt and
Councilrnernber Pignataro and Authorizing Release of a Related Confidential Legal
Memorandum.
The motion carried 7-0.
P)OTHER BUSINESS
OB 1.Possible consideration of the initiation of new ordinances andlor resolutions by
Councilmembers.
(Three or more individual 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 Policy Agenda or initiated by staff)
0)ADJOURNMENT
Consideration of a motion to adjourn to 6:00 p.m.on November 28,2023,for the purpose of
annual performance evaluations of Councils direct-report employees:
Mayor Pro Tern Francis moved,seconded by Councilmember Peel,that Council adjourn this
meeting to 6:00 p.m.on Tuesday,November 28,2023,in order to consider a motion to go into
executive session to conduct annual performance reviews of the Council’s direct report
employees,and for such other business as may come before the Council.
The motion carried 7-0.
At 8:08 p.m.,the meeting was adjourned to 6:00 p.m.on Novem er 28,2023,in Council Chambers,
at 300 Laporte Avenue,Fort Collins.
Pt;
ATTEST:
City Clerk I
City of Fort Collins Page 240 City Council Proceedings