HomeMy WebLinkAboutACTION SUMMARY-02/06/2024-RegularCity of Fort Collins Page 1 of 11 City Council Action Agenda
City Council
Regular Meeting
Action Agenda
February 6, 2024 at 6:00 PM
Jeni Arndt, Mayor
Emily Francis, District 6, Mayor Pro Tem
Susan Gutowsky, District 1
Julie Pignataro, District 2
Tricia Canonico, District 3
Melanie Potyondy, District 4
Kelly Ohlson, District 5
City Council Chambers
300 Laporte Avenue, Fort Collins
& via Zoom at
https://zoom.us/j/98241416497
Cablecast on FCTV
Channel 14 on Connexion
Channel 14 and 881 on Xfinity
Carrie Daggett Kelly DiMartino Heather Walls
City Attorney City Manager Interim City Clerk
The purpose of the action agenda is to provide a brief overview of the actions taken by the City
Council to be available shortly after a Council meeting.
Council Proceedings are the complete official record of the meeting and are prepared for
approval by the Council generally at its next meeting. They are published following their approval
as the minutes of the meeting.
PROCLAMATIONS & PRESENTATIONS
5:00 PM
A) PROCLAMATIONS AND PRESENTATIONS
No Proclamations scheduled.
REGULAR MEETING
6:00 PM
B) CALL MEETING TO ORDER
C) PLEDGE OF ALLEGIANCE
D) ROLL CALL
6-0.
Excused: Councilmember Pignataro.
E) CITY MANAGER'S AGENDA REVIEW
• City Manager Review of Agenda
• Consent Calendar Review, including removal of items from Consent Calendar for individual
discussion.
F) COMMUNITY REPORTS – None.
G) PUBLIC COMMENT ON ANY TOPICS OR ITEMS OR COMMUNITY EVENTS
(Including requests for removal of items from Consent Calendar for individual discussion.)
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H) PUBLIC COMMENT FOLLOW-UP
I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
CONSENT CALENDAR
1. Consideration and Approval of the Minutes of the January 16, 2024 Regular Meeting.
The purpose of this item is to approve the minutes of the January 16, 2024 regular meeting.
Action Taken: Approved.
2. Second Reading of Ordinance No. 001, 2024, Appropriating Prior Year Reserves in the
Transportation Capital Expansion Fee Fund for Eligible Reimbursement to the Waterfield
Fourth Filing Developer for Construction of Suniga Road, Vine Drive, and Merganser Street
Improvements as Part of Waterfield Fourth Filing Phases 1 through 4; and for the
Dedication of Suniga Road Right-of-Way.
This Ordinance, unanimously adopted on First Reading on January 16, 2024, appropriates
$1,413,645 of Transportation Capital Expansion Fee (TCEF) Funds for expenditure from the
Transportation Capital Expansion Fee Program Budget to reimburse the Waterfield Fourth Filing
developer, DFC Waterfield, LLC (Developer), for its oversizing construction of Suniga Road, Vine
Drive, and Merganser Drive. As part of Phases 1 through 4 of the Waterfield Fourth Filing, the
Developer has constructed Suniga Road as a four-lane arterial, Vine Drive as a collector, and
Merganser Drive to City standards as part of its development requirements. Per Section 24-112
of the City Code, the Developer is eligible for reimbursement from TCEF funds for the oversized,
non-local portion of Suniga Road, Vine Drive, and Merganser Drive not attributed to the local
portion obligation. Additionally, the Developer has dedicated Suniga Road right-of-way as a four-
lane arterial from its western boundary to Timberline Road and is also eligible for reimbursement
from TCEF funds for the oversized, non-local portion of Suniga Road right-of-way.
Action Taken: Adopted on Second Reading.
3. Second Reading of Ordinance No. 002, 2024, Appropriating Funds for Change Management
Resources to Support Legislative Management Software Implementation Funds.
This Ordinance, unanimously adopted on First Reading on January 16, 2024, appropriates
$375,000 of general fund reserves to contract with Prosci, Inc., to provide change management
support for the Legislative Management Software project throughout its implementation in 2024.
Council Finance Committee recommended this move forward to Council at their December 19
meeting.
Action Taken: Adopted on Second Reading.
4. Second Reading of Ordinance No. 003, 2024, Authorizing Transfers and Reappropriation
of Funds Previously Appropriated for the Utilities’ Grid Flexibility Programs.
This Ordinance, unanimously adopted on First Reading on January 16, 2024, approves the
funding of grid flexibility programs through the appropriation of prior year reserves and
reappropriation of previously approved Light and Power funds. The ordinance does not
appropriate any new funding, but rather optimizes previously appropriated funds to accelerate
progress toward Our Climate Future (OCF) goals.
Action Taken: Adopted on Second Reading.
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5. Second Reading of Ordinance No. 004, 2024, Authorizing Transfers of Appropriations and
Appropriating Related Funds for the Environmental Services Radon Program.
This Ordinance, unanimously adopted on First Reading on January 16, 2024, supports the City’s
Environmental Services Radon program by:
● Appropriating $9,000 of unanticipated grant revenue awarded by the Colorado Department of
Public Health and Environment (CDPHE); and
● Utilizing matching funds in the amount of $6,000 from existing 2024 appropriations for this grant
project.
In December 2023, CDPHE awarded the City $9,000 under the CDPHE Indoor Radon grant
program. The City will provide an additional $6,000 in required matching funds. The award funds
and City’s matching funds will support radon testing and mitigation programs to protect public
health for the Fort Collins community.
Pursuant to the State of Colorado Purchase Order Terms and Conditions, and in accordance with
Section 1-22 of the City Code, the City Manager has accepted the grant agreement. The $9,000
are federal funds from the Environmental Protection Agency being passed through to the City by
CDPHE.
Action Taken: Adopted on Second Reading.
6. Second Reading of Ordinance No. 005, 2024, Authorizing Transfers of Appropriations and
Appropriating Related Funds for the Timberline Recycling Center Infrastructure and
Efficiency Improvements.
This Ordinance, unanimously adopted on First Reading on January 16, 2024, supports Timberline
Recycling Center (TRC) infrastructure and efficiency improvements by:
● Appropriating $294,853 of unanticipated revenue awarded by the Colorado Departments of
Public Health and Environment’s Front Range Waste Diversion Enterprise (FRWD); and
● Transfer $28,393 matching funds from existing appropriations in the Capital Projects Business
Unit for the project.
The grant funds and matching funds will support replacement of equipment that has exceeded its
useful life, as well as incorporation of new infrastructure to provide a safe, accessible and
functional recycling facility. Contribution to the Art in Public Places (APP) Program is not required
due to grant restrictions.
Action Taken: Adopted on Second Reading.
7. Second Reading of Ordinance No. 006, 2024, Authorizing Transfers and Appropriating
Related Funds for the Oak Street Stormwater Improvements Project.
This Ordinance, unanimously adopted on First Reading on January 16, 2024, appropriates
funding for the construction of the Oak Street Stormwater Improvements Project. It will fund the
construction contract with the general contractor; contracts for resident engineering and
construction management services, permitting and internal project support and management;
construction contingency (~4%) and funding for the Art in Public Places (APP) program. The
construction contingency included herein is less than the typical amount that would normally be
associated with this size of contract (10-15% is typical). If additional contingency funds are
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needed in the future, those funds would be requested to be appropriated from the Stormwater
Reserve Fund.
The total amount being requested for appropriation is $39,962,815:
● Construction Contract $36,645,015
● Construction Support (Resident Engineer, Construction Manager, Permitting and Internal
Support) $1,720,000
● Construction Contingency $1,550,000
● APP Program $47,800
The Stormwater Utility Enterprise Board adopted Ordinance No. 011, 2023 (First Reading on
September 19, 2023, and Second Reading on October 3, 2023) authorizing bond issuance in the
Stormwater Fund for the construction of the Oak Street Stormwater Improvements project.
Following the sale and closing of the bonds, gross proceeds in the amount of $40.4M were
deposited into the Stormwater Fund reserves on October 31, 2023.
Action Taken: Adopted on Second Reading.
8. Second Reading of Ordinance No. 007, 2024, Amending Article II of Chapter 5 of the Code
of the City of Fort Collins to Exempt Plumbing Fixtures from Permits and Inspections.
This Ordinance, unanimously adopted on First Reading on January 16, 2024, amends City Code
to exempt plumbing fixture replacements, such as sinks, faucets, drains, showers, tubs, and
toilets from the permit requirements under Chapter 5 of the City Code, for the following reasons:
Colorado State does not require permits for this type of work, very few fixture replacements are
currently done with a permit, there are no concerns with life or safety, and requiring permits
creates additional barriers and cost impacts to improving indoor water efficiency.
Action Taken: Adopted on Second Reading.
9. Second Reading of Ordinance No. 008, 2024, 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 for the New Airport
Terminal Facility.
This Ordinance, unanimously adopted on First Reading on January 16, 2024, authorizes a
permanent non-exclusive utility easement over a portion of the Northern Colorado Regional
Airport property owned jointly by the City of Fort Collins and the City of Loveland to allow for the
installation and maintenance of electrical infrastructure for the new Airport terminal facility.
Action Taken: Adopted on Second Reading.
10. Second Reading of Ordinance No. 009, 2024, Amending Section 2-596 of the Code of the
City of Fort Collins and Setting the Salary of the City Manager.
This Ordinance, unanimously adopted on First Reading on January 16, 2024, amends City Code
to establish the 2024 salary of the City Manager. Council met in executive session on December
19, 2023, to conduct the performance review of Kelly DiMartino, City Manager, and to consider
the salary market analysis for this position.
Action Taken: Adopted on Second Reading.
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11. Items Relating to the Fort Collins Police Services Victim Services Unit.
A. First Reading of Ordinance No. 010, 2024, Making a Supplemental Appropriation from the
Eighth Judicial District Victim Assistance and Law Enforcement Board in the General Fund for the
Fort Collins Police Services Victim Services Unit.
B. First Reading of Ordinance No. 011, 2024, Making a Supplemental Appropriation from the
Colorado Division of Criminal Justice Under the Federal Victim of Crime Act in the General Fund
for the Fort Collins Police Services Victim Services Unit.
The purpose of these items is to provide funding for the Victim Services Unit of Fort Collins Police
Services for victim advocacy services which are required under the Colorado Victim Rights
Amendment for victims and witnesses of crime and their supporting family members.
The Victim Services Unit has been awarded a $70,000 Victim Assistance and Law Enforcement
(VALE) grant for the period from January 1, 2024 to December 31, 2024. The VALE grant is
awarded through the Eighth Judicial District Board to help fund services provided by the Victim
Services team. This grant will fund one part-time victim advocate, as well as 65% of the salary for
a contractual 40-hour per week victim advocate.
The Victim Services Unit has also been awarded a 24-month grant in the amount of $47,959 for
the period from January 1, 2023 to December 31, 2024, by the Colorado Division of Criminal
Justice under the Federal Victim of Crime Act (VOCA). This grant will help fund services provided
by the Victim Services Unit. These funds will be used to pay 35% of the salary for a contractual
victim advocate who provides crisis intervention services for sexual assault victims between the
school ages of kindergarten through 12th grade.
Action Taken: Adopted both Ordinances on First Reading.
12. First Reading of Ordinance No. 012, 2024, Making a Supplemental Appropriation from the
Colorado Division of Criminal Justice Synthetic Opiate Poisoning Investigation and
Distribution Interdiction Grant for the Fort Collins Police Services Forensic Services Unit.
The purpose of this item is to support Fort Collins Police Services’ Forensic Services Unit work in
the prevention and investigation of serious injuries and deaths caused by illegal synthetic opiate
poisoning and for disrupting synthetic opiate distribution by appropriating $40,000 of unanticipated
grant revenue from the Colorado Department of Public Safety, Division of Criminal Justice (DCJ).
Action Taken: Adopted on First Reading.
13. First Reading of Ordinance No. 013, 2024, Appropriating Philanthropic Revenue Received
by City Give for the Renovation of the Historic Carnegie Library.
The purpose of this item is to request an appropriation of $214,000 in philanthropic revenue
received by City Give for the renovation of the historic Carnegie Library as designated by the
donor.
In 2019, the City launched City Give, a formalized enterprise-wide initiative to create a
transparent, non-partisan governance structure for accepting and appropriating charitable gifts.
Action Taken: Adopted on First Reading.
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14. First Reading of Ordinance No. 014, 2024, Appropriating Philanthropic Revenue Received
Through City Give for Youth Sports Programming and Services.
The purpose of this item is to request an appropriation of $15,550 in philanthropic revenue
received through City Give for Recreation to benefit income-qualified youth sports programming
and services.
In 2019, the City launched City Give, a formalized enterprise-wide initiative to create a
transparent, non-partisan governance structure for accepting and appropriating charitable gifts.
Action Taken: Adopted on First Reading.
15. First Reading of Ordinance No. 015, 2024, Appropriating Philanthropic Revenue Received
Through City Give for Park Planning and Development to Fund Pickleball Site Feasibility
and Community Engagement.
The purpose of this item is to request an appropriation of $40,000 in philanthropic revenue
received by City Give for Park Planning & Development, for site feasibility and community
engagement toward a future City-owned pickleball complex.
In 2019, the City launched City Give, a formalized enterprise-wide initiative to create a
transparent, non-partisan governance structure for accepting and appropriating charitable gifts.
Action Taken: Pulled from Consent.
16. First Reading of Ordinance No. 016, 2024, Appropriating Prior Year Reserves in the
Recreation Fund for the Mulberry Pool Replacement Feasibility Study.
The purpose of this item is to appropriate $78,000 from Recreation Reserves to fund the Mulberry
Replacement Feasibility Study. This study is in partnership with Colorado State University
Athletics (CSU), who will be funding 50% of the study.
Action Taken: Adopted on First Reading.
17. First Reading of Ordinance No. 017, 2024, Appropriating Prior Year Reserves in the
Recreation Fund for the Purchase of Ponies and Sheds at Lee Martinez Farm.
The purpose of this item is to appropriate $72,000 from Recreation Reserves to purchase ponies
and replace sheds at the Lee Martinez Farm.
Action Taken: Adopted on First Reading.
18. First Reading of Ordinance No. 018, 2024, Appropriating Prior Year Reserves for
Compensation of the Mayor, Mayor Pro Tem and Councilmembers.
The purpose of this item is for a General Fund supplemental appropriation to fund 2023-2024
Budget Offer 28.12 - City Council Voter Approved Pay Increase for fiscal year 2024. This budget
request was not funded in the 2023-2024 Adopted Budget since the election results of the 2022
City-Initiated Charter Amendment No. 1 (Council Compensation) ballot initiative would not be
known until after first reading of the City’s annual appropriation ordinance for 2023. The initiative
was approved by Fort Collins voters and this action is to appropriate the increased spending in
the General Fund to implement the ballot initiative for the salary increases in 2024.
Action Taken: Adopted on First Reading.
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19. First Reading of Ordinance No. 019, 2024, Amending Article III of Chapter 19 of the Code
of the City of Fort Collins Regarding Municipal Court Referees.
The purpose of this item is to amend the City Code to clarify that municipal court referees may
hear cases involving camera radar and red light photo citations. Defendants in this type of case
would have a choice to have a hearing with a referee in a more informal setting or a hearing in
front of a municipal judge. The proposed Code changes would also allow the Chief Judge in the
future to authorize referees to hear cases involving other zero-point infractions.
Action Taken: Adopted on First Reading.
20. Items Relating to Amending City Code to Adjust for Inflation the Following Fees: Capital
Expansion Fees; Transportation Expansion Fee; Electric Capacity Fee; Water Plant
Investment Fee; Sewer Plant Investment Fee; and Stormwater Plant Investment Fee.
A. First Reading of Ordinance No. 020, 2024, Amending Chapter 7.5 of the Code of the City of
Fort Collins to Increase for Inflation the Capital Expansion Fees and Transportation Expansion
Fee.
B. First Reading of Ordinance No. 021, 2024, Amending Chapter 26 of the Code of the City of
Fort Collins Regarding Calculation and Collection of Development Fees Imposed for the
Construction of New or Modified Electric Service Connections.
C. First Reading of Ordinance No. 022, 2024, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Water Plant Investment Fees.
D. First Reading of Ordinance No. 023, 2024, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Sewer Plant Investment Fee.
E. First Reading of Ordinance No. 024, 2024, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Stormwater Plant Investment Fees.
The purpose of this item is to make annual inflation adjustments effective March 1, 2024,
associated with the City’s Capital Expansion Fees, Transportation Expansion Fee, Utility Plant
Investment Fees, and Electric Capacity Charge.
Action Taken: Adopted all Ordinances on First Reading.
21. First Reading of Ordinance No. 025, 2024, Adopting the 2024 Larimer County Regional
Transportation Capital Expansion Fee Schedule.
The purpose of this item is to adopt the 2024 Larimer County Regional Transportation Capital
Expansion Fee Schedule.
Action Taken: Adopted on First Reading.
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22. First Reading of Ordinance No. 026, 2024, Authorizing the Purchasing Agent to Enter into
a Contract for Professional Services in Excess of Five Years for the Proposed Oak Street
Stormwater Improvements Project.
The purpose of this item is to authorize the City’s purchasing agent, pursuant to City Code Section
8-186(a), to enter into contracts greater than five years in length, for professional services for the
proposed Oak Street Stormwater Improvements Project. The contract authorized under the
proposed ordinance could be extended up to the life of the project. Design for the project began
in 2020, construction is anticipated to begin in 2024 with a 2-year duration, and project close-out
may take several months, making the overall duration of the project seven (7) years or more.
Under this scenario and without this proposed ordinance, the design contract would expire while
the project is under construction, a situation that would result in logistical and cost ramifications
for the City and the project.
Action Taken: Adopted on First Reading.
23. First Reading of Ordinance No. 027, 2024, Authorizing the Mayor to Execute an Easement
Agreement with Larimer County, the City of Loveland and South Fort Collins Sanitation
District Regarding an Existing Sewer Line on Long View Farm Open Space.
The purpose of this item is to seek authorization to approve conveyance of a sewer line easement
to South Fort Collins Sanitation District (SFCSD) across Long View Farm Open Space. This
easement is intended to formally document an existing sewer line that was installed in 1981 prior
to the purchase of Long View Farm Open Space.
Action Taken: Adopted on First Reading.
24. First Reading of Ordinance No. 028, 2024, Approving and Authorizing the Execution of an
Amendment to a Reciprocal Stormwater Drainage Easement Agreement with Sun Foothills
Fort Collins, LLC, and Ratifying the Original Conveyance.
The purpose of this item is to authorize the amendment of that certain Reciprocal Stormwater
Drainage Easement Agreement (the “Original Easement”) dated September 7, 2022, recorded at
Reception No. 20220061510, Clerk and Recorder’s Records, Larimer County, Colorado, by and
between the City and Sun Foothills Fort Collins, LLC (the “Owner”), which originally conveyed a
stormwater drainage easement to the Owner on City property in exchange for the City’s right to
retain stormwater on the Owner’s property. The Amendment to the Original Easement (the
“Amended Easement”) will modify the legal description and revise language pertaining to access
rights. Approval of the Ordinance would also ratify the Council’s prior action in 2022 approving
the easement exchange, the ordinance for which was missing its intended exhibits.
Action Taken: Adopted on First Reading.
25. First Reading of Ordinance No. 029, 2024, Approving the Conveyance of a Temporary
Construction Easement, Dedication of a Permanent, Nonexclusive Water Line Easement,
and Dedication of a Permanent, Nonexclusive Sewer Line Easement, all on City Property,
for the Benefit of the Sun Foothills Fort Collins Development.
The purpose of this item is to approve an Ordinance that would authorize the conveyance of the
following:
1. One (1) temporary construction easement (TCE) to Sun Foothills Fort Collins LLC (the “Owner”)
for the modification of existing grades and current stormwater drainage facilities;
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2. One (1) permanent, nonexclusive water line easement to the Fort Collins-Loveland Water
District (the “Waterline Easement”); and
3. One (1) permanent, nonexclusive sewer line easement to the Fort Collins-Loveland Sanitation
District (the “Sewer Easement”).
The easements are located on 17 acres of City property located in the North West 1/4 of Section
13, Township 6 North, Range 69 West, Larimer County, Colorado, being currently held as a City
of Fort Collins Land Bank property (the “City Property”).
Construction pursuant to the TCE will modify existing stormwater facilities. The Waterline
Easement and the Sewer Easement are entitlements required by the City so that the Owner may
proceed with the development of the adjoining lands.
The easements will include the extension of stubbed water, sewer, and drainage improvements
directly onto the City Property resulting in a significant benefit to the City Property.
Action Taken: Adopted on First Reading.
26. Items Relating to the 2024 City Classified Employee Pay Plan as Provided in the Collective
Bargaining Agreement with the Fraternal Order of Police.
A. First Reading of Ordinance No. 030, 2024, Adopting the 2024 Amended Classified Employees
Pay Plan to Update Classified Positions as Provided in the Collective Bargaining Agreement with
the Fraternal Order of Police.
B. First Reading of Ordinance No. 031, 2024, Appropriating Prior Year Reserves in the General
Fund for the Cost of Police Services Salary and Benefit Increases as Provided in the Collective
Bargaining Agreement with the Fraternal Order of Police.
The purpose of these items is to recommend changes to the 2024 City Classified Employee Pay
Plan based on an annual market analysis conducted as agreed upon through the 2022-2024
Collective Bargaining Agreement (Agreement) with the Northern Colorado Lodge #3 of the
Fraternal Order of Police (FOP). The Agreement was approved by Council by Resolution on
December 7, 2021. The Agreement specifies a salary data collection method and evaluation
process that includes market data as of early January each year. This data has been collected
and analyzed, resulting in the revised 2024 Amended City Classified Employee Pay Plan.
Action Taken: Adopted both Ordinances on First Reading.
27. Resolution 2024-006 Supporting Grant Application for Local Match Funding in Support of
the Midtown Central Corridor Project.
The purpose of this item is to obtain support for the City to apply for the non-federal match
requirement included in the Department of Transportation’s FY2024 Rebuilding American
Infrastructure with Sustainability and Equity (RAISE) discretionary grant program.
Action Taken: Adopted.
28. Resolution 2024-007 Approving the Appointment of Heather Walls as Interim City Clerk
Effective February 4, 2024.
The purpose of this item is to appoint Heather Walls as Interim City Clerk.
Action Taken: Adopted.
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END OF CONSENT CALENDAR
J) ADOPTION OF CONSENT CALENDAR
Action Taken: Adopted Consent Calendar Items 1-28 minus item 15, 6-0.
K) CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on
items adopted or approved on the Consent Calendar.)
L) STAFF REPORTS – None.
M) COUNCILMEMBER REPORTS
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
15. First Reading of Ordinance No. 015, 2024, Appropriating Philanthropic Revenue Received
Through City Give for Park Planning and Development to Fund Pickleball Site Feasibility
and Community Engagement.
Action Taken: Adopted on First Reading, 5-1.
Ayes: Mayor Arndt, Councilmembers Ohlson, Potyondy, Canonico, and Gutowsky.
Nays: Francis
Absent: Councilmember Pignataro
O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
29. Resolution 2024-008 Making Board and Commission Liaison and Council Committee
Assignments and Making Appointments to Various External Boards and Authorities.
The purpose of this item is to make Councilmember liaison assignments to City boards and
commissions and Council committees as well as make appointments to external boards and
authorities on behalf of the City.
Action Taken: Adopted motion to amend Resolution 2024-008, to add the name of Mayor
Pro Tem Francis as Planning and Zoning Commission Liaison, 6-0.
30. Polestar Village Project Development Plan Appeal.
The purpose of this quasi-judicial item is to consider an appeal of the Planning and Zoning
Commission’s decision on November 17, 2023, approving the Polestar Village Project
Development Plan (#PDP220010). The Appellants filed a Notice of Appeal on December 1, 2023,
with supplemental new evidence filed on December 8, 2023, alleging:
● That the Planning and Zoning Commission (P&Z) failed to conduct a fair hearing in that they
considered evidence relevant to their findings which was substantially false or grossly
misleading. The Appellants assert that; 1) Polestar used persuasive language during the
hearing and presented misleading information as well as non-confirmable statements; and 2)
Hearing attendees and council members also did not get to hear all the details of the proposal.
The Appellants offer seven points in support of their assertion.
● That P&Z failed to conduct a fair hearing in that two members were biased against the
appellant by reason of a conflict of interest or close relationship that interfered with their
independence of judgement.
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● That P&Z failed to properly interpret and apply relevant provisions of the Land Use Code
including subsections:
○ 3.6.2 (A) and (I) regarding layout and design of streets and drives;
○ 4.5(A), the Purpose statement of the Low Density Mixed Use Neighborhood (LMN) zone
district; and
○ 4.(B) and (C), permitted and prohibited uses in the Low Density Residential zone district.
Action Taken: The decision of the Planning and Zoning Commission was upheld, 5-1.
Ayes: Mayor Arndt, Councilmembers Ohlson, Potyondy, Canonico, and Gutowsky.
Nays: Francis
Absent: Councilmember Pignataro
P) OTHER BUSINESS
OB 1. Possible consideration of the initiation of new ordinances and/or resolutions by
Councilmembers.
(Three or more individual Councilmembers may direct the City Manager and City Attorney to
initiate and move forward with development and preparation of resolutions and ordinances
not originating from the Council's Policy Agenda or initiated by staff.)
Q) ADJOURNMENT
Adjourned at 11:15 p.m.