HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 04/02/2024
Fort Collins City Council Agenda
Regular Meeting
6:00 p.m., Tuesday, April 2, 2024
City Council Chambers at City Hall, 300 Laporte Avenue, Fort Collins, CO 80521
Zoom Webinar link: https://zoom.us/j/98241416497
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Upon request, the City of Fort Collins will provide language access services for individuals who have
limited English proficiency, or auxiliary aids and services for individuals with disabilities, to access
City services, programs and activities. Contact 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for
assistance. Please provide advance notice. Requests for interpretation at a meeting should be made by
noon the day before.
A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que
no dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para
que puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al
970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione aviso previo. Las
solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día anterior.
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City of Fort Collins Page 1 of 9 City Council Summary Agenda
City Council
Regular Meeting Agenda
April 2, 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
PROCLAMATIONS & PRESENTATIONS
5:00 PM
A) PROCLAMATIONS AND PRESENTATIONS
PP 1. Declaring April 2 through 8, 2024 as International Dark Sky Week.
PP 2. Declaring April 2024 as Autism Acceptance Month.
PP 3. Declaring April 2024 as Fair Housing Month.
PP 4. Declaring April 2024 as Sexual Assault Awareness Month.
REGULAR MEETING
6:00 PM
B) CALL MEETING TO ORDER
C) PLEDGE OF ALLEGIANCE
D) ROLL CALL
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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Individuals may comment regarding any topics of concern, whether or not included on this agenda.
Comments regarding land use projects for which a development application has been filed should be
submitted in the development review process** and not to Council.
• Those who wish to speak are required to sign up using the online sign-up system available at
www.fcgov.com/council-meeting-participation-signup/
• Each speaker will be allowed to speak one time during public comment. If a speaker comments on
a particular agenda item during general public comment, that speaker will not also be entitled to
speak during discussion on the same agenda item.
• All speakers will be called to speak by the presiding officer from the list of those signed up. After
everyone signed up is called on, the presiding officer may ask others wishing to speak to identify
themselves by raising their hand (in person or using the Raise Hand option on Zoom), and if in
person then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those
who are not able to stand while waiting).
• The presiding officer will determine and announce the length of time allowed for each speaker.
• Each speaker will be asked to state their name and general address for the record, and, if their
comments relate to a particular agenda item, to identify the agenda item number. Any written
comments or materials intended for the Council should be provided to the City Clerk.
• A timer will beep one time and turn yellow to indicate that 30 seconds of speaking time remain and
will beep again and turn red when a speaker’s time has ended.
[**For questions about the development review process or the status of any particular development,
consult the City's Development Review Center page at https://www.fcgov.com/developmentreview, or
contact the Development Review Center at 970.221.6760.]
H) PUBLIC COMMENT FOLLOW-UP
I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
CONSENT CALENDAR
The Consent Calendar is intended to allow Council to spend its time and energy on the important
items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Agenda items pulled
from the Consent Calendar by either Council or the City Manager will be considered separately under
their own Section, titled “Consideration of Items Removed from Consent Calendar for Individual
Discussion.” Items remaining on the Consent Calendar will be approved by Council with one vote. The
Consent Calendar consists of:
• Ordinances on First Reading that are routine;
• Ordinances on Second Reading that are routine;
• Those of no perceived controversy;
• Routine administrative actions.
1. Consideration and Approval of the Minutes of the February 27, 2024 Adjourned Meeting,
March 5, 2024 Regular Meeting, and March 18, 2024 Special Meeting.
The purpose of this item is to approve the minutes of the February 27, 2024 adjourned meeting,
March 5, 2024 regular meeting, and March 18, 2024 special meeting.
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2. Second Reading of Ordinance No. 038, 2024, Making Supplemental Appropriations,
Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations for the
Laporte Avenue Multimodal Improvement Project and Related Art in Public Places.
This Ordinance, unanimously adopted on First Reading on March 19, 2024, enables the City to
receive and expend Colorado Department of Transportation (CDOT) funds for the Laporte Avenue
Multimodal Improvement Project (Laporte Project). The funds will be used for construction of
improvements along Laporte Avenue from Fishback Avenue to Sunset Street. If approved this item:
1) appropriates $2,500,000 of Transportation Alternative grant funds for the Laporte Project; 2)
uses $122,727 from the Bicycle Infrastructure Improvements Community Capital Improvement
Program (CCIP Bike Program) as part of the local match; 3) uses $102,273 from the Pedestrian
Infrastructure Improvements Community Capital Improvement Program (CCIP Pedestrian
Program) as part of the local match; 4) appropriates as part of the local match contribution
$223,425 from the Transportation Capital Expansion Fee Reserves (TCEF); 5) appropriates as
part of the local match contribution $222,750 from General Fund Reserves; 6) appropriates $1,755
(0.78% of the TCEF amount of the 1% contribution for the artwork portion of APP) from TCEF
Reserves to the Art in Public Places Program; 7) appropriates $495 (0.22% of the TCEF amount
of the 1% contribution to APP) from the Transportation Fund Reserves to the Art in Public Places
Program; and 8) appropriates $2,250 (1% of the General Fund amount) from the General Fund to
the Art in Public Places Program.
3. Second Reading of Ordinance No. 040, 2024, Making a Supplemental Appropriation in the
General Fund of Grant Funds from the Colorado Department of Public Health and
Environment and Appropriating Prior Year Reserves in the Water Fund to Support
Transitioning City Fossil Fuel Vehicles to Clean Energy Vehicles.
This Ordinance, unanimously adopted on First Reading on March 19, 2024, supports the City of
Fort Collins (City) in transitioning fossil fuel vehicles to clean energy vehicles as a measure of
reducing greenhouse gas emissions to achieve maximum air quality benefits for the people of
Fort Collins and Colorado.
The City was awarded $910,000 from the State’s Clean Fleet Vehicle and Technology (CFVT)
grant program in support of the City purchasing clean energy vehicles that align with vehicles
approved through the State’s CFVT grant program. The awarded funds will support purchase of
approved vehicles, with the City contributing the remaining needed funds. Based on needs of City
departments, Operation Services and departments within City Utilities will be funding the
additional funds needed for purchase of approved vehicles.
Approval of this item will support the City in transitioning fossil fuel fleet vehicles to clean energy
by:
● Appropriating $910,000 of unanticipated grant revenue from the State of Colorado’s CFVT grant
program; and
● Appropriating $96,504 from Water Fund reserves.
4. Second Reading of Ordinance No. 041, 2024, Making Supplemental Appropriations in the
Capital Projects Fund of Colorado Department of Transportation Alternative Program
Grant Funds and the Congestion Mitigation and Air Quality Grant Funds, for the Power
Trail and Harmony Grade Separated Crossing Project.
This Ordinance, unanimously adopted on First Reading on March 19, 2024, enables the City to
receive and expend federal pass-thru funds for the Power Trail and Harmony Grade Separated
Crossing Project (the Project). The funds will be used for construction of a pedestrian and bicycle
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underpass located approximately 500 feet west of the intersection of Harmony Road and Union
Pacific Railroad. If approved this item will:
● Appropriate $800,000 of unanticipated Transportation Alternative Program (TAP) grant funds
for the Project; and
● Appropriate $2,700,000 of Congestion Mitigation and Air Quality (CMAQ) grant funds for the
Project.
Previously appropriated funds will be used for local match requirements.
5. Second Reading of Ordinance No. 042, 2024, Appropriating Prior Year Reserves in the
General Fund for Cultural Development and Programming Activities, Tourism
Programming, and Convention and Visitor Program Services.
This Ordinance, unanimously adopted on First Reading on March 19, 2024, appropriates
$560,178, of which $392,125 is proposed for Convention and Visitors Bureau, $140,044 is
proposed for Cultural Development and Programming Activities (Fort Fund), and $28,009 is
proposed for Tourism Programming (Fort Fund) all from unanticipated 2023 Lodging Tax revenue
collections.
Lodging taxes are annually collected by the City of Fort Collins for Cultural Development and
Tourism programming activities. Anticipated revenue is projected through each Budgeting for
Outcomes (BFO) cycle and then adjusted annually as needed based on final actual collections.
For 2023, total Lodging tax revenues collected came in $560,178 above projected collections.
6. Second Reading of Ordinance No. 043, 2024, Appropriating Prior Years Reserves Received
in the General Fund By City Give for Fort Collins Police Services for the 2024 Police
Leaders’ Summit.
This Ordinance, unanimously adopted on First Reading on March 19, 2024, requests
appropriation of $30,000 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.
7. Second Reading of Ordinance No. 044, 2024, Appropriating Prior Year Reserves Received
By City Give for Fort Collins Police Services for the Safe Futures Initiative.
This Ordinance, unanimously adopted on First Reading on March 19, 2024, requests an
appropriation of $80,000.00 in philanthropic revenue received by City Give for Fort Collins Police
Services for the Safe Futures initiative.
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.
8. Second Reading of Ordinance No. 045, 2024, Making a Supplemental Appropriation in the
General Fund of the Internet Crimes Against Children Grant in Support of Fort Collins
Police Services Cyber Crimes Unit.
This Ordinance, unanimously adopted on First Reading on March 19, 2024, supports the Fort
Collins Police Services’ Cyber Crimes Unit by appropriating $6,585 of unanticipated grant revenue
awarded by the Colorado Springs Police Department.
City of Fort Collins Page 5 of 9
9. Second Reading of Ordinance No. 046, 2024, Amending Chapter 26 of the Code of the City
of Fort Collins to Clarify Terminology Regarding Control Valves and Water Service and Fire
Lines.
This Ordinance, unanimously adopted on First Reading on March 19, 2024, clarifies and makes
consistent certain terminology in City Code. This item will remove “curb stop” from City Code, to
be replaced by “control valve.” Replacement of this terminology removes any potential
assumption that a water control valve on a service or fire line must have proximity to a street or
sidewalk curb to define ownership of the valve and of the line extending from the valve.
10. Second Reading of Ordinance No. 047, 2024, Establishing Rental Rates and Delivery
Charges for Use of Water Available Under Fort Collins Utilities’ Raw Water Interests for
2024 Through March 2027.
This Ordinance, unanimously adopted on First Reading on March 19, 2024, obtains Council
approval for the proposed formulas for calculating rental rates and delivery charges for Fort
Collins Utilities’ (Utilities) raw water supplies for the next three years, including proposed rental
rates and delivery charges for fully consumable water. The rates and charges would be effective
through March 2027. Setting the rates and charges via formula ensures Utilities can recoup the
ownership and administrative costs for rented supplies and provides planning certainty for the
agricultural rental community.
Proposed formulas for most supply sources remain consistent with those from the previous rental
rate and delivery charge ordinance (Ordinance No. 038, 2021). Staff is recommending an
increase in the rental rate and delivery charge for fully consumable water to be in line with market
conditions for this type of water. In addition, staff is recommending the rental rate for Water Supply
and Storage Company supplies to be 130% of assessment versus the prior rate of assessment
plus a flat administration fee. These are the only changes to rental rates and delivery charge
methods.
11. Second Reading of Ordinance No. 048, 2024, Authorizing the Conveyance of a Permanent
Non-Exclusive Domestic Waterline 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 March 19, 2024, authorizes the
conveyance of an easement to the water district to allow for a water service line for the terminal.
The easement is over a portion of the Northern Colorado Regional Airport property, which is
owned jointly by the City of Fort Collins and the City of Loveland.
12. First Reading of Ordinance No. 049, 2024, Reappropriating Funds Previously Appropriated
in 2023 But Not Expended and Not Encumbered in 2023.
The purpose of this item is to reappropriate monies in 2024 that were previously authorized by
Council for expenditures in 2023 for various purposes. The authorized expenditures were not
spent or could not be encumbered in 2023 because:
● There was not sufficient time to complete bidding in 2023 and therefore, there was no known
vendor or binding contract as required to expend or encumber the monies; or
● The project for which the dollars were originally appropriated by Council could not be completed
during 2023 and reappropriation of those dollars is necessary for completion of the project in
2024.
City of Fort Collins Page 6 of 9
Additionally, there may have been sufficient unspent dollars previously appropriated in 2023 to
carry on programs, services, and facility improvements in 2024 for those specif ic purposes.
In the above circumstances, the unexpended and/or unencumbered monies lapsed into individual
fund balances at the end of 2023 and reflect no change in Council policies.
Monies reappropriated for each City fund by this Ordinance are as follows:
General Fund $2,498,249
Cultural Services Fund 55,000
Recreation Fund 251,064
Museum Fund 61,265
Transportation Service Fund 1,288,625
Water Fund 52,500
Date & Communications Fund 390,600
Total $4,597,303
13. First Reading of Ordinance No. 050, 2024, Approving the Conveyance of a Temporary
Construction Easement for the Construction of Permanent Stormwater Improvements on
City Property to DHIC-Enclave, LLC.
The purpose of this item is to approve an Ordinance that would permit the conveyance of a
Temporary Construction Easement (the “Easement”) on approximately 4.36 acres (189,996 sf) of
City property known as the Redwood Detention Pond and the Redwood Channel (collectively, the
“City Property”) to DHIC – Enclave, LLC (“Developer”), in exchange for the construction of
permanent stormwater master plan improvements on the City Property.
14. First Reading of Ordinance No. 051, 2024, Approving the Conveyance of a Permanent
Easement for Stormwater Drainage, a Temporary Construction Easement for the
Construction of Stormwater Drainage Improvements, and a Temporary Construction
Easement for the Construction of Sewer Facilities on City Property to PS-Poudre River,
LLC.
The purpose of this item is to approve an Ordinance that would permit the conveyance of one
permanent drainage easement (the “Drainage Easement”), one temporary construction easement
(the “Drainage TCE”) for the modification of current drainage facilities, and one temporary
construction easement (the “Sewer TCE”) for the installation of public sewer facilities to PS-
Poudre River, LLC (“PSPR”), on City Property located at 101 1st Street, which is the current
location of Buckingham Park (“Buckingham Park”). Construction pursuant to the Drainage TCE
will modify existing floodplain boundaries, and the Drainag e Easement will allow PSPR to store
additional stormwater on a portion of Buckingham Park. The Sewer TCE is for the installation of
public sewer facilities required by the City so that PSPR may proceed with the development of
the adjoining lands. The actual conveyance of the easements will be conditional upon PSPR, or
its successors and assigns, obtaining City development approval of the contemplated work within
the easements.
15. First Reading of Ordinance No. 052, 2024, Approving the Conveyance of One Permanent
Easement and One Temporary Construction Easement for the Construction of a Portion of
Phemister Trail on City Property to Colorado State University.
The purpose of this item is to approve an Ordinance that would permit the conveyance of one (1)
permanent easement (the “Trail Easement”) and one (1) temporary construction easement (the
“TCE”) to Colorado State University (“CSU”), for the construction, operation, and maintenance of
City of Fort Collins Page 7 of 9
a public multi-modal trail (the “Phemister Trail”) on City Property located at 2145 Centre Street,
which is the current location of The Gardens on Spring Creek (the “Gardens on Spring Creek”).
16. Public Hearing and Resolution 2024-053 Approving the Programs that will Receive a Total
of $400,000 in HOME Investment Partnership Act American Rescue Plan Act Funding
(HOME-ARP) for Supportive Services Funding.
The purpose of this item is to approve the programs recommended for funding with the $400,000
in HOME Investment Partnership Act American Rescue Plan Act funding (HOME-ARP)
designated for Supportive Services.
17. Resolution 2024-054 Ratifying the Reappointment of Corey Radman and Joshua Fudge
and the Appointment of Vicki Woods to the Poudre River Public Library District Board of
Trustees.
The purpose of this item is to fill vacancies on the Poudre River Public Library District Board of
Trustees.
18. Resolution 2024-055 Appointing Amanda Cossey, Troy Erickson, Casey Kittel, Danielle
Lowry, and Aryell Mattern to the Fort Collins Tourism Improvement District Board of
Directors.
The purpose of this item is to consider the appointments of Amanda Cossey, Troy Erickson,
Casey Kittel, Danielle Lowry, and Aryell Mattern to the Fort Collins Tourism Improvement District
(the “District”) Board of Directors. Amanda Cossey will serve a thr ee-year term to fill a vacancy
created by the resignation of another member. Troy Erickson will serve the remainder of a three-
year term ending on September 1, 2024, due to early resignation. Casey Kittel will serve the
remainder of the term ending January 17, 2026, vacated by a resignation. Danielle Lowry will
serve a second term lasting three years starting as soon as appointed by Council. Aryell Mattern
will serve a three-year term starting as soon as appointed by Council.
19. Items Relating to Appointments to Various Boards and Commissions.
A. Resolution 2024-056 Making Appointments to the Historic Preservation Commission.
B. Resolution 2024-057 Making an Appointment to the Land Use Review Commission.
C. Resolution 2024-058 Making Appointments to the Planning and Zoning Commission.
The purpose of this item is to fill vacancies on various Boards and Commissions.
In 2023, the Council adopted a Code of Conduct and updated Boards and Commissions Policy,
along with other policies and procedures that apply to service on City boards and commissions.
Each board and commission appointee is required to acknowledge and accept these
requirements in order to take appointed office. Each Resolution provides that no person appointed
may take office until they have completed the required acknowledgement and acceptance of the
Code of Conduct and the applicable laws and policies that govern service on City of Fort Collins
boards and commissions.
END OF CONSENT CALENDAR
J) ADOPTION OF CONSENT CALENDAR
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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
O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
The method of debate for discussion items is as follows:
• Mayor introduced the item number and subject; asks if formal presentation will be made by staff
• Staff presentation (optional)
• Mayor requests public comment on the item (three minute limit for each person)
• Council questions of staff on the item
• Council motion on the item
• Council discussion
• Final Council comments
• Council vote on the item
Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure
all have an opportunity to speak. The timer will buzz when there are 30 seconds left and the light will
turn yellow. It will buzz again at the end of the speaker’s time.
20. Second Reading of Ordinance No. 039, 2024, Amending the City Code to Provide Additional
Procedural Options for the Conduct of City Council Meetings.
This Ordinance, adopted on First Reading with amendments at the March 18, 2024, special
meeting, by a vote of 6-1 (Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers
Gutowsky, Pignataro, Canonico, and Potyondy; Nays: Councilmember Ohlson), updates Code
provisions related to the conduct of Council meetings to allow Councilmembers to attend and vote
remotely if a meeting has been relocated to a remote mode due to circumstances preventing a
meeting from proceeding.
Council amended the Ordinance at the time of adoption on First Reading to remove a provision
allowing Council to limit public comment to agenda items only and to correct an obsolete pronoun
reference.
Resolution 2024-026 Adopting Amending Rules of Procedure Governing the Conduct of City
Council Meetings and Council Work Sessions failed unanimously.
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.)
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Q) ADJOURNMENT
Every regular Council meeting will end no later than midnight, except that: (1) any item of business
commenced before midnight may be concluded before the meeting is adjourned and (2) the Council may,
at any time prior to adjournment, by majority vote, extend a meeting beyond midnight for the purpose of
considering additional items of business. Any matter that has been commenced and is still pending at the
conclusion of the Council meeting, and all matters for consideration at the meeting that have not yet been
considered by the Council, will be deemed continued to the next regular Council meeting, unless Council
determines otherwise.
Upon request, the City of Fort Collins will provide language access services for individuals who have limited
English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services,
programs and activities. Contact 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for assistance.
Please provide advance notice. Requests for interpretation at a meeting should be made by noon the day
before.
A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no
dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que
puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al
970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione aviso previo cuando sea
posible. Las solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día
anterior.