HomeMy WebLinkAboutMINUTES-12/05/2023-RegularDecember 5,2023
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 December 10,2023 as Human Rights Day.
Mayor Pro Tern Emily Francis presented the above proclamation at 5:00 p.m.
REGULAR MEETING
6:00 PM
8)CALL MEETING TO ORDER
Mayor Jeni Arndt called the regular meeting to order at 6:00 p.rn.in the City Council Charnbers 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 Tern Emily Francis
Councilmember Susan Gutowsky
Councilrnember Julie Pignataro
Councilrnember Tricia Canonico
Councilrnember Shirley Peel
Councilrnember Kelly Ohlson
STAFF PRESENT
City Manager Kelly DiMartino
City Attorney Carrie Daggett
City Clerk Anissa Hollingshead
E)CITY MANAGER’S AGENDA REVIEW
City Manager Kelly DiMartino provided an overview of the agenda,including:
•Recommended adoption of the Consent Calendar as presented.
•Reviewed rninor amendments rnade to three items on the agenda Monday as well as the addition
of an Other Business item:
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o Revision to Item 30 to reflect in both the Agenda Item Summary and Resolution that there is
only one source for this software;and
o Updates to the salary ordinances in items 32 and 33 to include the recommended salary
amounts.
o Noted an item was added under Other Business to provide an update on the referendum
petition.
•Reviewed the four discussion items.
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.)
Erin Fussell,Fort Collins resident,indicated a desire to just listen to tonight’s meeting and hold any
comment.
Kevin Cross,Fort Collins resident,spoke to request Mayor Arndt,as a PRPA board member,support
an All Source REP for dispatchable power,noting the board’s recent adoption of an All Source
resolution.
Barbara Krupnik-Goldman,Fort Collins resident,spoke regarding the PRPA proposal noting the
existence of a climate crisis and stating opposition to construction of a new gas plant without even
considering other sources of energy and requested Council support for Mayor Arndt to insist all power
sources be considered by PRPA.
Dolores Williams,Fort Collins resident,commented on PRPA plans to put out an RFP in the next year
for dispatchable energy and generating capacity,indicating a desire to see this include sources
beyond gas and asking for Mayor Arndt’s support.
Sally Dowiatt,Fort Collins resident,spoke to request considering directing PRPA to include renewals
in their RFP for dispatchable generating capacity,and referenced an article read in today’s
Washington Post about what gets people to change,noting it is the community and what we say and
do and commit to.
Keith Ela,Fort Collins resident,thanked Council for their service to the community and asked that
alternative energy sources be considered,such as purchasing power from renewable sources further
from here to accommodate when no sun or wind is available locally and asking for investigation into
how many days other regional communities also have no wind or sun on the same days as Fort
Collins.The grid allows us to bring power to our area from other resources.
Joe Rowan,Fort Collins resident,spoke in appreciation for the tenor of conversations around what a
policy does regarding the cost of housing.Rowan spoke in support of the diligence done by PRPA,
board members,and City staff in investigating options and supporting an RFP for a gas powered
turbine.
Fred Kirsch,Fort Collins resident,spoke representing themself as their organization has not yet had
a chance to meet and discuss this.Kirsch encouraged support for an All Source RFP.
John Border,a senior at CSU,spoke at the request of PRPA looking at all options for meeting peak
demand through an All Source RFP.
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Ed Behan,Fort Collins resident,spoke as a citizen and on behalf of Larimer Alliance in support o
PRPA issuing an All Source RFP.
Jaiden Wade,Fort Collins resident,spoke as a student with a passion for the community pushing for
support for PRPA’s issuance of an All Source RFP.
Gayla Maxwell Martinez,Fort Collins resident,spoke to encourage Mayor Arndt to support an All
Source REP at the upcoming PRPA board meeting,noting we must stop burning fossil fuels.
Michael Stella,ASCSU member,came forward on behalf of ASCSU to present a thank you to
Councilmember Shirley Peel for her work and service to CSU students.
Kevin Jones,resident of the Fort Collins Urban Growth Area and Business Advocacy Director of the
Fort Collins Chamber,shared about monthly discussion forums conducted by the Chamber noting the
topic of the November civic conversation was City Priorities.From that conversation came the
following items:Housing Affordability,Reducing Homelessness,Improving Transit,Increasing
Recycling Options,and getting the Land Use Code passed for good.
Mary Alice Grant,Fort Collins resident,asked Council to refer the Land Use Code to the ballot,stating
the whole issue is so complicated and emotional for all City residents,while noting diversity comes in
many forms and the current Land Use Code is not diverse.
Ross Cunniff,Fort Collins resident,spoke about the referendum petition and subsequent potential
actions,noting Preserve Fort Collins strongly feels the Land Use Code should be referred to the ballot,
noting it is an issue that is core to the future of the city.
Ciara Mylen spoke regarding the gas power plant,stating support for looking at all options for meeting
future energy demand.
Eric Sutherland spoke about Connexion as the largest public policy failure in Colorado history,as an
effort that will never be able to pay its own interest.
Rick Casey,Fort Collins resident,spoke for himself and on behalf of Larimer Alliance about the choice
now to vigorously pursue renewable energy options,including through an REP for All Source Power.
Charles Kopp,Fort Collins resident,spoke against the revised Land Use Code and noting the need
to put the interest of those already living in Fort Collins first and look to other methods around
increasing affordability.
Daisy Schaub,Fort Collins resident,requested prioritizing an All Source RFP for sustainable energy
options.
Jared Ross,Fort Collins resident,encouraged the City to pursue an All Source RFP rather than
continuing to support fossil fuels.
Owen Brinder,Fort Collins resident,requested prioritizing an All Source RFP for sustainable energy
options.
Martha Hedrick,Fort Collins resident,requested prioritizing an All Source RFP for sustainable energy
options and also noted that all Fort Collins voters should have the ability to have input on the land use
code by putting it on the ballot.
Elizabeth Hudetz,Fort Collins resident,requested prioritizing an All Source REP for sustainable
energy options.
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Renee Walkup,Fort Collins resident,requested prioritizing an All Source REP for sustainable energy
options.
Anya Kaplan-Hartnett and Hannah (no last name given),Straayer Center students,offered thanks on
behalf of the organization to Councilmember Peel for her dedication and service to residents and
students in Fort Collins.
Public comment concluded at 6:50 p.m.
H)PUBLIC COMMENT FOLLOW-UP
Councilmember Shirley Peel expressed appreciation for the acknowledgements from CSU students
as well as appreciation for the work of students.
Mayor Arndt spoke of her time in Dubai that just ended today at a local climate action conference,
where youth engagement was a major focus.She also noted the availability of grants focused on
youth engagement specifically for the 100 communities whose mayors participated in the summit,
sharing she has already reached out to ASCSU members on this opportunity.
Mayor Arndt also requested Utilities Director Kendall Minor address PRPA’s upcoming REP.Minor
expressed thanks to the community for coming out to share comments tonight,noting the concerns
brought forward have been considered by PRPA and are included in the REP submitted to the state
which is still under consideration.This is a process that must be completed to see the level of
renewables available.He also stated the shared goal remains moving to a solely renewable future.
The initial decision made regarding the gas turbine has been for permitting only at this point and will
remain under consideration until the current REP process is complete at the end of 2024.City Manager
Kelly DiMartino also noted PRPA staff has put together additional information about their perspective
on the all source versus sequenced approach,and indicated there will be a follow up memo provided
that also includes this information.
I)COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
None.
J)CONSENT CALENDAR
1.Second Reading of Ordinance No.150,2023,Making a Supplemental Appropriation for the
Oak Street Stormwater Improvements Project.
This Ordinance,unanimously adopted on First Reading on November 21,2023,appropriates 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 Stormwater Fund for the construction 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 Storm water 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 unde,writer’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.
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A second appropriation request will be brought forth once the construction contractor selection
process is complete and the construction contract value has been finalized.The anticipated
schedule is late December2023 or January2024.
Adopted on Second Reading.
2.Second Reading of Ordinance No.151,2023,Appropriating Prior Year Reserves in the
General Fund and Transportation Services Fund for Snow Removal.
This Ordinance,unanimouslyadoptedon First Reading on November21,2023,appropriates 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 Second Reading.
3.Second Reading of Ordinance No.152,2023,Appropriating Philanthropic Revenue
Received by City Give for the 9111 Memorial,Park Planning and Design for the Construction
of the 9111 Memorial at Spring Park.
This Ordinance,unanimously adopted on First Reading on November 21,2023,appropriates
$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 Colllns 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 Second Reading.
4.Second Reading of Ordinance No.153,2023,Appropriating Philanthropic Revenue by City
Give for Fort Collins Police Services for the 2024 Police Leaders’Summit.
This Ordinance,unanimously adopted on First Reading on November 21,2023,appropriates
$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 Second Reading.
5.Second Reading of Ordinance No.154,2023,Making Supplemental Appropriations of
Unanticipated Grant Revenue and Authorizing Transfers for Transfort and Ebus Charging
Equipment.
This Ordinance,unanimously adopted on First Reading on November 21,2023,appropriates
unanticipated grant funding for Trans fort operational and capital needs.
Adopted on Second Reading.
6.Second Reading of Ordinance No.155,2023,Appropriating Unanticipated Revenue and
Authorizing Transfers for Replacement of Bicycle Racks in Downtown Fort Collins.
This Ordinance,unanimously adopted on First Reading on November 21,2023,appropriates
funds to support replacement of aged and corroded bike racks with new bike racks that provide
improved accessibility along downtown sidewalks by:
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•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,and in accordance
with Section 1-22 of the City Code,the City Manager has accepted this grant agreement.
Adopted on Second Reading.
7.Second 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.
This Ordinance,unanimously adopted on First Reading on November 21,2023,appropriates
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 Second Reading.
8.Second Reading of Ordinance No.158,2023,Amending the City’s Master Street Plan.
This Ordinance,unanimously adopted on First Reading on November 21,2023,requests
approval 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 Second Reading.
9.Second Reading of Ordinance No.159,2023,Authorizing the Purchasing Agent to Enter
into a Contract for Services,Professional Services andlor Construction in Excess of Five
Years for the Golf Professional and the Food and Beverage Concessionaire at City Park
Nine Golf Course.
This Ordinance,unanimously adopted on First Reading on November 21,2023,authorizes 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 Second Reading.
City of Fort Colllns Page 248 City Council Proceedings
10.Second 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.
This Ordinance,unanimously adopted on First Reading on November21,2023,vacates 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 Storm water Utilities Department.
Adopted on Second Reading.
11.Second 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.
This Ordinance,unanimously adopted on First Reading on November 21,2023,permits 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 faculties.
Adopted on Second Reading.
12.Second Reading of Ordinance No.162,2023,Adopting the East Mulberry Plan as an Update
of the 2002 East Mulberry Corridor Plan.
This Ordinance,unanimously adopted on First Reading on November 21,2023,adopts 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.”
Exhibit A to the Ordinance has been revised with edits made on First Reading.
Adopted on Second Reading.
13.First Reading of Ordinance No.163,2023,Appropriating Unanticipated Revenue in the
Transportation Services Fund for “Work For Others”Program Expenses.
The purpose of this item is to appropriate $700,000 in unanticipated revenue in the Transportation
Services Fund rece Wed for work to be completed through the Planning,Development,and
Transportation’s “Work for Others”program.This appropriation will be used for casts
corresponding to the program and the generated revenue.
Adopted on First Reading.
14.First Reading of Ordinance No.164,2023,Appropriating Prior Year Reserves for the Golf
Enterprise.
The purpose of this item is to consider an appropriation of $185,000 from golf reserves to the
2023 budget associated with the additional costs in golf related to higher revenues.
Adopted on First Reading.
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15.First Reading of Ordinance No.165,2023,Appropriating Prior Year Reserves and New
Philanthropic Revenue Received through City Give for Various Programs and Services as
Designated by the Donors.
The purpose of this item is to request an appropriation of $11,968.53 in philanthropic revenue
received through City Give.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 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.
16.First Reading of Ordinance No.166,2023,Amending Chapters 18 and 26 of the Code of the
City of Fort Collins Regarding Mobile Home Park Management and Livability.
The purpose of this item is to present Municipal Code updates related to the livability issues
identified by residents,property managers,and owners of manufactured housing
communities/mobile home parks in our community.This item also addresses analysis of unmet
needs in the State of Colorado Mobile Home Park Oversight Program.
Staff’s recommendation includes the following Code changes:
•Expansion of authorization to conduct inspections in mobile home parks to include not only the
Building Official,but also Specially Commissioned Officers under the Chief of Police.
•Establishment of protection for use and installation of clotheslines by residents in mobile home
parks in Section 18-6(g).
•Establishment of protection for use and installation of window-mounted air conditioning units or
evaporative coolers on homes within mobile home parks in Section 18-6(h).
•Establishment of new water utility billing/rebilling transparency requirements for Fort Collins
Utility mobile home park water customers including:
Require as a condition of mobile home park service from the City’s water utility that a mobile
home park customer directly provide a designated Specially Commissioned Officer,or
authorize such Officer to obtain,a copy of any notice,correspondence,invoice,and water
leak notice from the water utility within seven days of receipt in Section 18-7(c).
Require as a condition of mobile home park service from the City’s water utility that a mobile
home park customer participates in the continuous consumption water usage/leak notification
system through Fort Collins Utilities in Section 18-7(c).
Authorize the City’s water utility in serving a mobile home park to provide the designated
Specially Commissioned Officer a copy of any notice,correspondence,invoice,and water
leak notice sent to the mobile home park in Section 18-7(c).Add a cross-reference to these
changes to Section 26-97 (water utility lines;general regulations).
Acknowledge,as a condition of service,the designated Specially Commissioned Officer
may exercise the power to audit and collaborate with the City’s water utility to verify and
maintain accuracy of water rebilling by the mobile home park.
Adopted on First Reading.
City of Fort Collins Page 250 City Council Proceedings
17.First Reading of Ordinance No.167,2023,Amending Chapters 3 and 17 of the Code of the
City of Fort Collins to Update and Align City Code Regarding Alcohol Beverages with State
Law Changes and Adding Municipal Code Violations for Certain Alcohol-Related Offenses.
The purpose of this item is to request approval of the proposed amendments to Chapter 3 (Alcohol
Beverages)and Chapter 17 (Miscellaneous Offenses).
Adopted on First Reading.
18.First Reading of Ordinance No.168,2023,Amending Article Ill of Chapter 25 of the Code
of City of Fort Collins for the Voter Approved One-Half Cent Sales Tax Rate Increase
Effective January 1,2024.
The purpose of this item is to amend Section 25-75 of City Code to reflect the 0.50%sales and
use tax approved by the voters at the City’s November 7,2023,election.The City of Fort Collins
tax rate will increase from 3.85%to 4.35%beginning January 1,2024.The use of the revenue is
specifically identified in the ballot measure and,in general,may be used for parks and recreation
facilities,environmental sustainability,and for public transit system improvements.The tax will not
apply to:(1)items exempt from sales and use tax under the City Code;(2)food for home
consumption;and (3)for the use tax only,manufacturing equipment.
The Ordinance would also amend Section 25-75 to remove reference to a 0.85%sales and use
tax that expired at midnight on December 31,2020.City staff is recommending this change as a
clean-up item to remove extraneous provisions from the City Code.
Adopted on First Reading.
19.First Reading of Ordinance No.169,2023,Amending Chapter 2,Article Ill of the Code of
the City of Fort Collins to Update Ex-Officio Member Provisions for Various Boards and
Commissions.
The purpose of this item is to consider an amendment to add an ex-officio seat for the Housing
Catalyst to the Affordable Housing Board and to eliminate ex-officio members from the Art in
Public Places Board and Water Commission.
Adopted on First Reading.
20.First Reading of Ordinance No.170,2023,Authorizing the Conveyance of a Permanent
Non-Exclusive Utility Easement on Property Jointly Owned by the City of Fort Collins and
the City of Loveland at the Northern Colorado Regional Airport to the Fort Collins-Loveland
Water District.
The purpose of this item is to authorize a permanent non-exclusive utility easement over a portion
of the Northern Colorado Regional Airport property to allow for the installation and maintenance
of a regional waterline to serve the Fort Collins-Loveland Water District’s (the “District”)public
water system.This project will directly benefit the Airport by providing water infrastructure to areas
that currently lack it and service connection points,which have been strategically located to serve
future Airport development
Adopted on First Reading.
21.First Reading of Ordinance No.171,2023,Vacating a Portion of Public Right-of-Way
Dedicated by the Redwood Village PUD Phase II Plat.
The purpose of this item is to approve the vacation of a portion of public right-of-way that has
never been used for street purposes.Once this right-of-way area is vacated,the property will be
privately developed as a multifamily housing project,and new public right-of-way will be dedicated
City of Fort Collins Page 251 City Council Proceedings
to support the housing project and provide public street connections to the adjacent North field
subdivision.
Adopted on First Reading.
22.First Reading of Ordinance No.172,2023,AdoptIng the 2024 Classified Employee Pay Plan.
The purpose of this item is to recommend the 2024 City Classified Employee Pay Plan.Classified
jobs are grouped according to job functions,a business practice commonly used by both the
public and private sectors.Pay ranges are developed by career group (management,
pro fessional,administrative,operations and trades)and level for each job function.The result of
this work is a City Classified Employee Pay Plan (Pay Plan)which sets the minimum,midpoint,
and maximum pay ranges for the level within each career group and function.Actual employee
pay increases are awarded through a separate administrative process in accordance with the
budgeted amount approved by CounciL
Adopted on First Reading.
23.Resolution 2023-102 Adopting the 2023 Three-Mile Plan Update for the City of Fort Collins.
The purpose of this item is to adopt the annual update of the Three-Mile Plan for the City of Fort
Collins.The Three-Mile Plan is a reference document of plans and policies coordinating the
general location,character,utilities,infrastructure,and land uses for areas of potential annexation
within three miles of the municipal boundary.
An annual update of the Three-Mile Plan is required by Colorado Revised Statutes and highlights
applicable plans and policies adopted or amended by Council over the preceding year.
Adopted.
24.Resolution 2023-103 Authorizing the Execution of an Intergovernmental Agreement
Between the City of Fort Collins and the Colorado Department of Transportation for the
FASTER Transit Program Grant for Fiscal Year 2023 to Fund Transfort’s FLEX Service.
The purpose of this item is to receive and expend federal funds through the Colorado Department
of Transportation (CDOT)for Trans fort’s commuter FLEX service.This agreement will result in
the receipt of $200,000 in grant funds through the Statewide Competitive Pool of the FASTER
(Funding Advancement for Surface Transportation and Economic Recovery Act of 2009)Transit
program for fiscal year (FY)2023.Trans fort will be required to match the $200,000 in grant funds
with a $200,000 local match.Both the grant and local match were appropriated through the 2023
BFO (Budgeting for Outcomes)cycle and are accounted for in the approved 2023 Trans fort
budget.If approved,this agenda item will authorize the City Manager to execute an
intergovernmental agreement for the FY2023 FASTER funds from CDOT.
Adopted.
25.Resolution 2023-104 Authorizing the Mayor to Execute an Amendment to an
Intergovernmental Agreement with Larimer County and the City of Loveland Regarding the
Heaven’s Door Ranch Conservation Project.
The purpose of this item is to seek authorization to amend an Intergovernmental Agreement (IGA)
with Larimer County and the City of Loveland for the Heaven’s Door Ranch Conservation Project
The amendment will extend the time frame to complete a conservation easement conveyance.
Adopted.
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26.Resolution 2023-1 05 Authorizing the City Manager to Enter Into an Agreement Between the
City of Fort Collins and Numerous Stakeholders Regarding Operation and Maintenance of
Boxelder Creek Watershed Dams (B Dams 8-2,8-3,and 8-4).
The purpose of this item is to authorize the City Manager to execute an intergovernmental
agreement (IGA)between the City of Fort Collins and numerous stakeholders regarding the
operation and maintenance of the Boxelder Creek Watershed Dams (B Dams 8-2,B-3,and B-4).
These flood control dams were built in the 1970s and 1980s to protect agricultural lands and rural
properties from flooding and erosion damage.In 2014,the Colorado State Engineer’s Office
(SEO)elevated their hazard classification for the dams from “moderate”to “high”due to the
increased urban and suburban development and resulting flood risk to properties and citizens
downstream of the faculties.
Initial costs to design and construct improvements to the B Dams were in the range of $70 million
to meet dam safety requirements.Municipal stakeholders joined together to pursue a new
approach that utilized a Risk and Consequence Analysis to demonstrate that the risk will be
greatly mitigated if adequate warning of flooding could be provided for the dams in lieu of the
costly improvements.The IGA allocates respective costs to fund the flood warning system as
well as the operations and maintenance of the B Dams.
The IGA also establishes a Management Committee to provide technical and other
recommendations related to the agreement.Each party will designate one person to represent
and act on the party’s behalf.When possible,appointees should have applicable technical
knowledge and skills.
Adopted.
27.Resolution 2023-106 Authorizing an Intergovernmental Agreement with the Downtown
Development Authority for Designated Financial Support of the Carnegie Center for
Creativity.
The purpose of this item is to seek approval of an intergovernmental agreement (IGA)between
the City and the Downtown Development Authority for the financial support of renovation of the
Carnegie Center for Creativity.
Adopted.
28.Resolution 2023-107 Supporting a Grant Application for Gray and Black Market Marijuana
Enforcement Funding for Fort Collins Police Services.
The purpose of this item is to obtain support for the City to apply for grant money to support
enforcement of gray and black market marUuana actuvity for Fort Collins Police Services.
Adopted.
29.Items Relating to Gratitude and Appreciation to the Members of the Golf Board and Bicycle
Advisory Committee.
A.Resolution 2023-108 Expressing Gratitude and Appreciation to the Members of the Golf Board
for their Service and Contributions to the Community.
B.Resolution 2023-109 Expressing Gratitude and Appreciation to the Members of the Bicycle
Advisory Committee for their Service and Contributions to the Community.
City of Fort Colllns Page 253 City Council Proceedings
The purpose of these items is to acknowledge the work that has been done by the Golf Board as
well as the Bicycle Advisory Committee.The attached Resolutions acknowledge the con tributions
that the board and committee have made individually.
Both Resolutions Adopted.
30.Resolution 2023-110 Approving an Exception to the Competitive Purchasing Process with
SMART Mobility Office,Unit of Panasonic Corporation of North America for Equipment,
Software,Consulting and Support Services for Execution of the USDOT SMART Grant.
This item was amended after initial publication to indicate there is only one source for the software.
The purpose of this item is to approve the sole source award of a contract with Panasonic
Corporation of North America (“Panasonic”)to complete the work set forth within the USDOT
Strengthening Mobility and Revolutionizing Transportation (SMART)Grant Agreement.
This request for an exception to the competitive process was noted in the original request to the
US DOT for this grant and that it is in accordance with the Code of Federal Regulations
procurement process:‘This item is available only from a single source.”2 CFR §200.320(c)(2)
Piloting the PEFSA software is fundamental to the SMART grant awarded the City.The US DOT
has approved the exception because the PEFSA software is proprietary to Panasonic and only
available from Panasonic.In addition,this project is being funded 100%by the SMART grant and
is not utilizing local funds.
This exception to the competitive process will authorize the continuation of the relationship
between Panasonic and the City through an agreement that will continue for a five (5)year term.
This approval will be in line with federal procurement guidelines required by the grant.
This election will enable a timely completion of the work plan set forth within the signed SMART
Grant Agreement
Adopted.
END OF CONSENT CALENDAR
Mayor Pro Tern Francis moved,seconded by Councilrnernber Peel,to approve the
recommended actions on items 1-30 on the Consent Calendar.
The motion 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 Peel commented on item 16 on the mobile home code updates,sharing appreciation
for the safeguards being put in place.
Councilmember Ohlson shared regarding the following items;
•On Item 13,requested a breakdown of the total number of where the monies went,as well as
which funds were public,and which were private.
•On Item 19,noted he is not a fan of ex officio members on boards and commissions;however
Housing Catalyst is the one commission that makes the most sense for an ex officio member.
•On Item 22,requested a printed hard copy on legal sized paper so the document can be read
straight across rather than going onto two pages.
City of Fort Collins Page 254 City Council Proceedings
L)STAFF REPORTS
None.
M)COUNCILMEMBER REPORTS
Councilmember Susan Gutowsky
•Shared about serving on the Behavioral Health Policy Council and recently attending its first
meeting at the new facility on Trilby,noting what a wonderful and beautiful environment it has.It
opened Saturday,December 2,after getting its certificate of occupancy and welcomed its first
client at 8:04 that morning.
•Attended the annual North Fort Collins Business Association Christmas event yesterday,noting
the wonderful services for the community offered,including the Coats and Boots Program run by
Don Butler for many years and Operation Smile providing dental care for students.
Councilmember Shirley Peel
•Noted it is small business season and she was able to visit All Star Cleaning,which provides free
cleaning for many non-profits and community organizations and gave them a shout out for their
contributions to the community.
•Shared about her visit to Washington,DC last week with Councilmembers Canonico and Pignataro
to visit with legislators,stressing the value of these trips to connect with federal legislators and
agencies around the needs of the city and community,also acknowledging Deputy City Manager
Tyler Marr and his knowledgeable support for this work.
Clerk’s Note:Mayor Arndt called for a break at 7:15 p.m.,noting the meeting would resume at 7:30
p.m.
N)CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
None.
0)CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
31.Second 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.
This Ordinance,adopted on First Reading by a vote of 6-1 (nay:Ohlson)on November21,2023,
supports the appropriation of funds for 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;
•Transferring $7,600 matching funds from existing 2023 appropriations in the Light &Power
Fund;and
•Appropriating $46,842 from General Fund reserves.
In July2023,the Department of Energy (DOE)awarded the City of Fort Collins (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
City of Fort Collins Page 255 City Council Proceedings
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.
Note:At the time of the December 5 agenda publication,the DOE was still processing the
final grant agreement.
PUBLIC COMMENT
Eric Sutherland spoke about energy use,including comparing Fort Collins to other communities
and asking for the metrics and data that indicate Fort Collins is ahead of other communities.
Sutherland also stated,based on several sources,that previous code amendments are not being
followed and the results are immeasurable.There are no metrics to indicate that the City should
continue down this road.
Glen Colton,Fort Collins resident,spoke about the need for real discussions about growth in this
community when taking other climate action plan goals while looking to add 70,000 residents
without regard for the impacts of this growth on the climate.Colton also stated Council should
educate itself on population growth and suggested a community discussion with the Center for
Public Deliberation about growth as it surfaced as a big issue while circulating referendum
petitions.
COUNCIL DISCUSSION
Councilmember Ohlson asked when Council decided to move away from the existing code or if
that decision was made at the staff level.Brad Smith,Energy Code Project Manager,noted the
direction was set in the development of the Our Climate Future plan.Smith also noted that staff
has analyzed residential building utility use per square foot and further explained that performance
code models for energy performance.The focus is on reduction in utility use and greenhouse gas
emissions so staff is looking to align the focus with the new building code.Each code update has
indicated that energy used is reduced.
Mayor Pro Tem Francis clarified the item is funding to develop the framework and code updates
will be presented to Council at a later date.
Councilmember Pignataro thanked Smith for the thorough answer.
Mayor Pro Tern Francis moved,seconded by Councilmember Pignataro,to adopt on
second 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 7-a
City of Fort Collins Page 256 City Council Proceedings
32.First Reading of Ordinance No.173,2023,Amending Section 2-606 of the Code of the City
of Fort Collins and Setting the Salary of the Chief Judge.
This item was amended after agenda publication to include the proposed 2024 salary amount
The purpose of this item is to amend City Code to establish the 2024 compensation of the Chief
Judge.Council met in executive session on November 28,2023,to conduct the performance
review of Jill Hueser,Chief Judge and to consider the salary market analysis for this position.
Teresa Roche,Human Resources Executive,offered thanks to Council for spending significant
time looking at the market data,evaluating performance,and speaking individually with Roche to
develop a salary level recommendation.
PUBLIC COMMENT
None.
COUNCIL DISCUSSION
None.
Mayor Pro Tern Francis moved,seconded by Councilmember Peel,to adopt on First
Reading Ordinance No.173,2023,Amending Section 2-606 of the Code of the City of Fort
Collins and Setting the Salary of the Chief Judge.
Councilmember Pignataro offered thanks to Judge Hueser and noted how impressed Council has
been with the changes made since her appointment,including working in a challenging physical
space.
Mayor Pro Tem Francis also spoke in support of the motion,noting the work done in diversion
programs and other innovative efforts.
Mayor Arndt reiterated these remarks,also noting the collaboration with Police Services and
efforts resulting in bringing crime rates down in Fort Collins.
The motion carried 7-0.
33.First Reading of Ordinance No.174,2023,Amending Section 2-581 of the Code of the City
of Fort Collins and Setting the Salary of the City Attorney.
This item was amended after agenda publication to include the proposed 2024 salary amount
The purpose of this item is to amend City Code to establish the 2024 compensation of the City
Attorney.Council met in executive session on November 28,2023,to conduct the performance
review of Carrie Daggett,City A ttorney and to consider the salary market analysis for this position.
Teresa Roche reiterated her comments and shared the recommended salary amount.
PUBLIC COMMENT
None.
COUNCIL DISCUSSION
None.
City of Fort Collins Page 257 City Council Proceedings
Mayor Pro Tern Francis moved,seconded by Councilmember Ohison,to adopt on First
Reading Ordinance No.174,2023,Amending Section 2-581 of the Code of the City of Fort
Collins and Setting the Salary of the City Attorney.
Councilmember Pignataro thanked City Attorney Daggett for all the work done in this last year,
especially in addressing the challenges in getting the office fully staffed.
Councilmember Ohlson shared appreciation for how City Attorney Daggett serves the organization
and community well and has done so consistently for many years.
Councilmember Peel expressed appreciation for City Attorney Daggett,noting the challenges that
come with council turn over and how Daggett has risen to the challenge.
Mayor Arndt also showed appreciation to City Attorney Daggett for always keeping the City within
the law while consistently doing good work,also offering congratulations on the Open suit as a
major success.
The motion carried 7-0.
34.Resolution 2023-111 Adopting an Update to the Economic Health Strategic Plan for the
City of Fort Collins.
The purpose of this item is to consider adoption of the 2023 Economic Health Strategic Plan
(EHSP)which includes the Circular Economy Work Plan.The EHSP does not take a one-size-
fits-all approach to economic health but a people-centered,inte grated economic,social,and
environmental approach so Fort Collins is a healthy,equitable,and resilient community where
people and businesses can thrive.
Jacob Castillo,Chief Sustainability Officer,introduced the item and noted he was joined by
Shannon Hem,Economic Health Manager and SeonAh Kendall,Economic Sustainability
Director,for the presentation.Kendall presented as set forth in the slide deck in the agenda
materials.
PUBLIC COMMENT
Joe Rowan,Fort Collins resident,spoke about the impacts of achieving social and environmental
objectives and requested that this strategic plan really dive into looking at how we make sure
economic health measures are equal partners with these other factors in the triple bottom line.
Glen Colton,Fort Collins resident,noted he was involved with the original economic health group
as well as serving on the Economic Advisory Board when the 2015 plan was developed.This
work focused on government supporting businesses,not on attracting businesses.Colton shared
concerns about the plan being largely written by consultants,with no evidence of getting input
from a range of stakeholders and focusing on growth.
COUNCIL DISCUSSION
Mayor Arndt commented on a desire to ensure the City looks broadly across departments to help
make sure this plan comes to fruition and is successful.
Mayor Pro Tem Francis asked why the housing plan and climate plan were not called out in the
goals of the plan.Kendall responded that staff discussed how to help and support these plans.It
was noted there has been job growth but no significant wage growth.Staff then looked at what
we are trying to achieve,which is good quality job growth so that residents can spend money as
they choose to rather than on basic needs,such as housing and medical care.Efforts were made
City of Fort Collins Page 258 City Council Proceedings
to include those plans by mapping out and aligning strategically to areas where there was not a
point by point alignment.
Councilmember Ohlson thanked staff for their hard work,noting that it is clear the efforts that have
gone into this plan.He stated his philosophies and values are different and he will therefore not
be supporting the plan,but that does not negate the hard work that has been done.He stated he
views this plan as focused on growth and government in the role of spending resources to make
that growth happen at a more rapid rate.
Councilmember Pignataro noted growth has been a constant whether desired or not.She asked
CSO Castillo to speak to the equity focus of this plan.He noted the equity overlay present in the
plan and efforts to support both small businesses and primary employers,and provided
information on proactively attracting businesses that match the ethos of the community.
Councilmember Gutowsky asked Hem to share about the Multicultural Business and Entrepreneur
Center.Hem provided an overview and noted that this program was considered in the reporting
in the realm of the plan goals.
Councilmember Ohison requested clarification on some points,noting he has not opposed or
supported no growth policies,but rather has looked for discussions on what the role of
government should be.He asked what the end game of growth was.
Councilmember Canonico asked for more background on the population forecast of 70,000
additional residents.Castillo noted Fort Collins has had a steady growth rate of 1.5%and that
means the growth being experienced is neither off the charts nor unprecedented.These estimates
come from the state demographer as well as a range of other sources looking at several factors.
Councilmember Canonico noted the role of government is the need to be prepared for growth.
Mayor Pro Tem Francis asked for clarification on the sentence about not achieving social equity
without economic growth in specific populations,noting she reads it as not speaking to general
growth but rather growth in specific populations.Castillo concurred.Mayor Pro Tem Francis spoke
to her support for this plan and the important work it supports.
Mayor Arndt noted she thought the population of Fort Collins went down a little bit last year.
Mayor Pro Tern Francis moved,seconded by Councilmember Gutowsky,adopting an
Update to the Economic Health Strategic Plan for the City of Fort Collins.
The motion carried 6-1.
Ayes:Mayor Arndt,Mayor Pro Tern Francis,Councilmembers Gutowsky,Pignataro,
Canonico,and Peel.
Nays:Councilmember Ohlson.
P)OTHER BUSINESS
OB 1.Update on Status of the Referendum Petition Process.
City Clerk Anissa Hollingshead updated Council on the status of the current referendum
petition noting the examination of signatures is complete and 5,776 signatures were
determined to be valid.This exceeds the threshold of 4,228 signatures required for a petition
to be determined sufficient.A statement of referendum petition sufficiency was issued today.
Hollingshead explained the process to protest the determination of sufficiency,the protest
hearing process and the next steps in the referendum process.A final certification of a finding
of sufficiency cannot be made until either the expiration of the protest period or any protest
process concludes.
City of Fort Collins Page 259 City Council Proceedings
Mayor Pro Tern Francis requested clarification on the nurnber of options that would be
presented if the petition is certified sufficient.Mayor Arndt noted that Council could repeal,
arnend,and repass at the same meeting.City Attorney Daggett clarified amendrnents to the
Land Use Code are required by the Land Use Code to be heard by the Planning and Zoning
Cornmission before they are presented to Council.
OB 2.Possible consideration of the initiation of new ordinances and/or resolutions by
Councilmembers.
(Three or more individual Coundilmembers may direct the City Manager and City A ttorney to
initiate and move forward with development and preparation of resolutions and ordinances
not originating from the Councirs Policy Agenda or initiated by staff.)
Councilmember Canonico requested that staff bring forward to Council the previously
presented code amendment options at First Reading of Ordinance No.136,2023,as well as
procedural options for Council to consider.Council supported this request.
0)ADJOURNMENT
There being no further business before the Council,the meet was adjour d 8:41 p.m.
&1/.
ATTEST:
City Clerk tOontr~
City of Fort Colllns Page 260 City Council Proceedings