HomeMy WebLinkAboutACTION SUMMARY-05/21/2024-RegularCity of Fort Collins Page 1 of 8 City Council Summary Agenda
City Council
Regular Meeting
Action Agenda
May 21, 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
PP 1. Declaring May 19 through 25, 2024 as Emergency Medical Services Week.
PP 2. Declaring May 19 through 25, 2024 as Flood Awareness Week.
PP 3. Declaring June 2024 as Bike Month.
Presented Proclamations.
REGULAR MEETING
6:00 PM
B) CALL MEETING TO ORDER
C) PLEDGE OF ALLEGIANCE
D) ROLL CALL
5-2.
Absent:
Councilmember Canonico
Councilmember Pignataro
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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
H) PUBLIC COMMENT FOLLOW-UP
I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
CONSENT CALENDAR
1. Second Reading of Ordinance No. 058, 2024, Making Supplemental Appropriation of the
2050 Tax for Various Programs and Services Related to Parks, Recreation, Transit and Our
Climate Future.
This Ordinance, unanimously adopted on First Reading on May 7, 2024, appropriates the 2024
funding of the new 2050 Tax. In November 2023, Fort Collins voters approved this 0.5% Sales
and Use Tax increase, which is dedicated to the areas of Parks, Recreation, Transit and Climate.
This tax begins in 2024 and expires at the end of 2050.
Pulled from consent for discussion.
2. Second Reading of Ordinance No. 059, 2024, Making a Supplemental Appropriation from
the Local Planning Capacity Grant for the Affordable Housing and Planning Development
Process Improvement Project and Approving a Related Grant Agreement.
This Ordinance, unanimously adopted on First Reading on May 7, 2024, appropriates awarded
funds from the Proposition 123 Local Planning Capacity (LPC) Grant, administered by the State
Department of Local Affairs (DOLA). This $200,000 grant to the City will support a 12- to 18-month
process improvement project intended to reduce development review timelines for affordable
housing developments to meet Proposition 123’s 90-day “fast track” approval requirements.
Action Taken: Adopted on Second Reading.
3. Second Reading of Ordinance No. 060, 2024, Appropriating Philanthropic Revenue
Received Through City Give for Environmental Services Curbside Recycling.
This Ordinance, unanimously adopted on First Reading on May 7, 2024, appropriates an award
of approximately $664,000 to defray the cost of new recycling carts being purchased for the City’s
Residential Contracted Trash and Recycling Program and to support recycling outreach and
education for the community.
Action Taken: Adopted on Second Reading.
4. Second Reading of Ordinance No. 061, 2024, Appropriating Prior Year Reserves and
Unanticipated Philanthropic Revenue Received Through City Give for Various Programs
and Services as Designated by the Donors.
This Ordinance, unanimously adopted on First Reading on May 7, 2024, requests appropriation
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of $58,235 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.
Action Taken: Adopted on Second Reading.
5. Second Reading of Ordinance No. 062, 2024, Appropriating Philanthropic Revenue
Received Through City Give for the Art in Public Places Program, Pianos About Town
Project.
This Ordinance, unanimously adopted on First Reading on May 7, 2024, considers an
appropriation of $47,115 in philanthropic revenue received through City Give for the Art in Public
Places program for the designated purpose of Pianos About Town, a collaborative effort among
the City of Fort Collins Art in Public Places program, the Fort Collins Downtown Development
Authority, and the donor, Bohemian Foundation.
Action Taken: Adopted on Second Reading.
6. Second Reading of Ordinance No. 063, 2024, Making a Supplemental Appropriation from
the Colorado Department of Local Affairs Gray and Black-Market Marijuana Enforcement
Grant Program for the Fort Collins Police Services Marijuana Enforcement Program.
This Ordinance, unanimously adopted on First Reading on May 7, 2024, supports Fort Collins
Police Services’ Marijuana Enforcement Program in investigating gray and black-market
marijuana cases by appropriating $39,641 of unanticipated grant revenue from the Colorado
Department of Local Affairs (DOLA), Gray and Black-Market Marijuana Enforcement.
Action Taken: Adopted on Second Reading.
7. Second Reading of Ordinance No. 064, 2024, Making Supplemental Appropriations of Prior
Year Reserves and Grant Revenue from the Colorado Department of Transportation and
Authorizing Transfers for the College Avenue-Trilby Road Intersection Improvements
Project.
This Ordinance, unanimously adopted on First Reading on May 7, 2024, enables the City to
receive and expend Colorado Department of Transportation (CDOT) funds for the College
Avenue-Trilby Road Intersection Improvements Project (Project). The funds will be used for
construction of improvements at the intersection of South College Avenue and Trilby Road. If
approved, this item will 1) appropriate $361,361 of Congestion Mitigation and Air Quality (CMAQ)
Improvement Program grant funds for the Project; 2) appropriate $1,870,000 of Highway
Improvement Program (HIP) grant funds; 3) appropriate $5,272,260 of Surface Transportation
Block Grant (STBG) Program funds; 4) appropriate $2,000,000 of Funding Advancements for
Surface Transportation and Economic Recovery (FASTER) Act grant funds; 5) use $14,800 from
development contributions to construction as part of the local match; 6) appropriate as part of the
local match contribution $1,300 from the Transportation Capital Expansion Fee (TCEF) Reserves;
7) appropriate $113 (0.7% of the local match amount) from TCEF Reserves to the Art in Public
Places Program; and 8) appropriate $48 (0.3% of the local match amount) for maintenance of art
from Transportation Fund Reserves to the Art in Public Places Program.
Action Taken: Adopted on Second Reading.
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8. Second Reading of Ordinance No. 065, 2024, Authorizing the Conveyance of a Permanent
Non-Exclusive Sewer Easement on Property Jointly Owned by the City of Fort Collins and
the City of Loveland at the Northern Colorado Regional Airport.
This Ordinance, unanimously adopted on First Reading on May 7, 2024, authorizes a conveyance
of an easement to the Sanitation District to allow for a sewer 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.
Action Taken: Adopted on Second Reading.
9. First Reading of Ordinance No. 066, 2024, Making a Supplemental Appropriation and
Appropriating Prior Year Reserves to Develop a Digital Accessibility Roadmap.
The purpose of this item is to request an appropriation of $150,000 in General Funds in order to
work with a consultant to develop a comprehensive and actionable Digital Accessibility Roadmap.
The purpose of this roadmap is to provide a strategy for compliance with both Colorado and
federal laws and regulations pertaining to digital accessibility requirements, including both the
Americans with Disabilities Act and Colorado House Bill 21-1110.
Action Taken: Adopted on First Reading.
10. First Reading of Ordinance No. 067, 2024, Making a Supplemental Appropriation from the
Colorado Department of Transportation Colorado Highway Safety Office Click It or Ticket
Grant for the Fort Collins Police Services Traffic Enforcement Unit.
The purpose of this item is to appropriate $16,529 of unanticipated federal grant revenue from
the Colorado Department of Transportation, Colorado Highway Safety Office (HSO), to support
Fort Collins Police Services’ Traffic Enforcement Unit work toward traffic safety and reducing
serious injuries and fatal crashes through the enforcement of traffic laws and specifically those
related to driver and passenger restraint system use.
Action Taken: Adopted on First Reading.
11. First Reading of Ordinance No. 068, 2024, Appropriating Prior Year Reserves in the
Transportation Capital Expansion Fee Fund for Eligible Reimbursement to the Waters
Edge Second Filing Developer for Construction of Turnberry Road, Brightwater Drive, and
Morningstar Way Improvements.
The purpose of this item is to appropriate $612,027 of Transportation Capital Expansion Fee
(TCEF) Funds for expenditure from the Transportation Capital Expansion Fee Program Budget
to reimburse the Waters Edge Second Filing developer, Waters Edge Development Inc.
(Developer), for its oversizing construction of Turnberry Road, Brightwater Drive, and Morningstar
Way. As part of the development plans and development agreement for Waters Edge Second
Filing and permitted for construction under the Waters Edge Third Filing Development
Construction Permit, the Developer has constructed to City standards Turnberry Road as a two -
lane arterial, and Brightwater Drive and Morningstar Way as collectors 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 Turnberry Road, Brightwater Drive, and
Morningstar Way not attributed to the local portion obligation.
Action Taken: Adopted on First Reading.
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12. First Reading of Ordinance No. 069, 2024, Making a Supplemental Appropriation from the
Colorado Department of Early Childhood in Support of Licensed City Childcare Programs.
The purpose of this item is to support licensed City childcare programs by appropriating $21,069
of unanticipated grant revenue awarded by the Colorado Department of Early Childhood (CDEC).
Through the CDEC’s Childcare Stabilization Grants program the City was awarded $21,069 in
federal pass-through funds to provide enhancements in licensed City Childcare programs.
Action Taken: Adopted on First Reading.
13. First Reading of Ordinance No. 070, 2024, Correcting Ordinance No. 003, 2024, Authorizing
Transfers and Reappropriating Funds Previously Approved for the Utilities’ Grid Flexibility
Programs.
The purpose of this item is to appropriate $200,000 of prior year reserves in the Light and Power
Fund to support Ordinance No. 003, 2024, which authorized transfers and reappropriation of
funds previously appropriated for the Utilities’ Grid Flexibility Programs. The ordinance, as
adopted, omitted the need for $200,000 of prior year reserves to fully fund the requested
appropriation, since those funds had technically lapsed at the end of fiscal year 2023.
Action Taken: Adopted on First Reading.
14. First Reading of Ordinance No. 071, 2024, Approving the First Amendment to the Hangar
Ground Lease Agreement with IC Loveland, LLC, for the Aero FNL Hangar Development at
the Northern Colorado Regional Airport.
The purpose of this item is to request City Council approval of an amendment to an existing
hangar ground lease between the City of Fort Collins, the City of Loveland, and IC Loveland, LLC,
to allow for subleasing and fractional ownership of multi-unit aircraft hangar buildings.
Action Taken: Adopted on First Reading.
15. Items Relating to the I-25 & Mulberry Annexation.
A. Resolution 2024-069 Setting Forth Findings of Fact and Determinations Regarding the I -25 &
Mulberry Annexation.
B. Public Hearing and First Reading of Ordinance No. 072, 2024, Annexing the Property Known
as the I-25 & Mulberry Annexation to the City of Fort Collins, Colorado.
The purpose of this item is to annex a 46.92-acre property located at the NE Corner of the I-25 and
East Mulberry interchange. A specific project development plan proposal is not included with the
annexation application. The Initiating Resolution was adopted on April 16, 2024. A related item to
zone the annexed property is presented as the next item on this Agenda.
This annexation request is in conformance with the State of Colorado Revised Statutes as they
relate to annexations, the City of Fort Collins City Plan, and the Larimer County and City of Fort
Collins Intergovernmental Agreement regarding Growth Management.
Resolution 2024-069 Adopted.
Ordinance No. 072, 2024, Adopted on First Reading.
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16. Public Hearing and First Reading of Ordinance No. 073, 2024, Amending the Zoning Map
of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in
the I-25 & Mulberry Annexation to the City of Fort Collins, Colorado, and Approving
Corresponding Changes to the Residential Neighborhood Sign District Map and Lighting
Context Area Map.
The purpose of this item is to zone the property included in the I-25 & Mulberry Annexation into
the Industrial (I), and General Commercial (CG) zone districts and place the property into the LC2
Lighting Context Area and Non-residential Sign District.
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be
considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of
Meeting Procedures adopted in Resolution 2015-091.
Action Taken: Hearing held, adopted on First Reading.
17. Resolution 2024-070 Authorizing the Execution of an Amendment to the Intergovernmental
Agreement for Solid Waste Programming and Infrastructure Improvements.
The purpose of this item is to make an amendment to the 2019 Intergovernmental Agreement for
Solid Waste Programming and Infrastructure Improvements (the “IGA”) to place the existing
agreement into abeyance until the parties agree on further amendments to address the changed
circumstances and updated timelines. The new amended agreement will supersede the existing
one.
Pulled from consent for discussion.
18. Resolution 2024-071 Adopting Findings of Fact in Support of the City Council’s Decision
on Appeal to Uphold the Planning and Zoning Commission Approval of the Mason Street
Infrastructure Overall Development Plan ODP230001.
The purpose of this item is to make findings of fact and conclusions regarding Council’s decision
at the May 7, 2024, Mason Street Infrastructure Overall Development Plan appeal hearing that
the Planning and Zoning Commission held a fair hearing and dismissing the failure to properly
interpret and apply allegations and thereby upholding the Planning and Zoning Commissions’
approval of the Mason Street Infrastructure Overall Development Plan.
Action Taken: Adopted.
END OF CONSENT CALENDAR
J) ADOPTION OF CONSENT CALENDAR
Action Taken: Adopted Consent Calendar Items 1-18, Minus 1 and 17, 5-0.
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
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1. Second Reading of Ordinance No. 058, 2024, Making Supplemental Appropriation of the
2050 Tax for Various Programs and Services Related to Parks, Recreation, Transit and Our
Climate Future.
This Ordinance, unanimously adopted on First Reading on May 7, 2024, appropriates the 2024
funding of the new 2050 Tax. In November 2023, Fort Collins voters approved this 0.5% Sales
and Use Tax increase, which is dedicated to the areas of Parks, Recreation, Transit and Climate.
This tax begins in 2024 and expires at the end of 2050.
Adopted on Second Reading. 4-1
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmember Potyondy, Councilmember
Gutowsky
Nays: Councilmember Ohlson
17. Resolution 2024-070 Authorizing the Execution of an Amendment to the Intergovernmental
Agreement for Solid Waste Programming and Infrastructure Improvements.
The purpose of this item is to make an amendment to the 2019 Intergovernmental Agreement for
Solid Waste Programming and Infrastructure Improvements (the “IGA”) to place the existing
agreement into abeyance until the parties agree on further amendments to address the changed
circumstances and updated timelines. The new amended agreement will supersede the existing
one.
Adopted 4-1
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmember Potyondy, Councilmember
Gutowsky
Nays: Councilmember Ohlson
Absent: Councilmembers Canonico, Pignataro
O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION – None.
P) OTHER BUSINESS
OB 1. Possible consideration of the initiation of new ordinances and/or resolutions by
Councilmembers.
OB 2. Consideration of a motion to adjourn this meeting until after the completion of the
Electric Utility Enterprise Board business:
"I move that Council adjourn this meeting until after the completion of the Electric Utility
Enterprise Board business."
Council Adjourned into Electric Utility Enterprise Board Meeting at 7:30 pm.
Council Reconvened to Consider the last item of Other Business at 7:32 p.m.
OB 3. Consideration of a motion to go into Executive Session for Mid-Year Reviews of Chief
Judge, City Manager, and City Attorney:
Chief Judge 60 minutes
City Manager 60 minutes
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City Attorney 60 minutes
Note: Times are approximate with breaks, as necessary.
“I move that the City Council go into executive session, as permitted under Article Two,
Section Eleven of the City Charter, Section 2-31(a)(1) of the City Code and Colorado Revised
Statutes Section 24-6-402(4)(f)(roman numeral one), for the purpose of conducting mid-year
performance reviews of the Chief Judge, City Attorney and City Manager.”
Council recessed at 7:32 and then entered into executive session at 7:45 pm.
Q) ADJOURNMENT
Meeting adjourned at 9:24 p.m.