HomeMy WebLinkAboutMINUTES-08/20/2024-RegularAugust 20,2024
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 August 26,2024 as Women’s Equality Day.
PP 2.Declaring August 17,2024 International Homeless Animals Day.
Mayor Pro Tern Emily Francis presented the above proclamations at 5:00 p.m.
REGULAR MEETING
6:00 PM
B)CALL MEETING TO ORDER
Mayor Pro Tem Emily Francis called the regular meeting to order at 6:00 p.m.in the City Council
Chambers at 300 Laporte Avenue,Fort Collins,Colorado,with hybrid participation available via the
City’s Zoom platforrn.
C)PLEDGE OF ALLEGIANCE
Mayor Pro Tern Emily Francis led the Pledge of Allegiance.
D)ROLL CALL
PRESENT
Mayor Pro Tem Emily Francis
Councilmember Susan Gutowsky
Councilmember Julie Pignataro
Councilmember Tricia Canonico
Councilmember Kelly Ohlson
ABSENT
Mayor Jeni Arndt -excused
Councilmember Melanie Potyondy -excused
STAFF PRESENT
Deputy City Manager Tyler Marr
City Attorney Carrie Daggett
City Clerk Delynn Coldiron
City of Fort Collins Page 486 City Council Proceedings
E)CITY MANAGERS AGENDA REVIEW
Deputy City Manager Tyler Marr provided an overview of the agenda.There were 26 items on the
Consent Agenda and three discussion items,including:
•Ordinance approving reserves for a civic assembly process related to Hughes Stadium site.
•Ordinance banning the retail sale of puppies and kittens.
•Resolution to appoint a member to the Affordable Housing Board.
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.)
All participants were given two minutes for comment.
Mary Roberts spoke in support of the ordinance banning the retail sale of puppies and kittens.
Cherie Trine requested the Hughes Stadium land be given back to the indigenous people.Trine also
expressed disappointment there will be no report on peaceful protest training for Police.
Barbara Krupnik-Goldman opposed Platte River Power Authority (PRPA)building a new gas-powered
plant and spoke of the escalating climate crisis.
Sam Killmeyer opposed PRPA building a new gas-powered plant and investing in more fossil fuel
production.Killmeyer also opposed the City’s elected officials voting in support of the plant.
Kevin Cross provided information opposed to PRPA’s presentation related to solar costs and stated
PRPA can now build its own solar facilities without having to cover profits going to a third party.
Sue McFadden spoke about PRPA and requested a third party evaluate the IRP and the gas plant.
McFadden stated the 100%renewable energy goal is doable and should not be aspirational,and there
is enough baseload power to join the southwest power pool.
Fred Kirsch,Fort Collins Community for Sustainable Energy,opposed PRPA building a new gas-
powered plant and agreed the City should get another opinion related to the IRP efforts.
Leslie Walker expressed concern about the requirement for City residents to get new trashcans as
part of the new single hauler program.
Mary Wilkinson spoke in support of the ordinance banning the retail sales of puppies and kittens.
Scott Carman spoke in support of the ordinance banning the retail sales of puppies and kittens.
Carman shared information on the puppy mills that supply Pet City.
Cara Thorson spoke in support of the ordinance banning the retail sales of puppies and kittens.
Thorson shared information about pop-up puppy and kitten sales in parking lots and out of vehicles
that currently are not regulated and encouraged a ban for these as well.
Ella Tyrrell spoke in support of the ordinance banning the retail sales of puppies and kittens.Tyrrell
shared information about local breeders who practice humane practices and support the community
and stated these,as well as local shelters,provided a much better way to find a pet.
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Mickey Pardo spoke in support of the ordinance banning the retail sales of puppies and kittens.Pardo
spoke about medical issues that exist in pets from mills and pet store fraud related to the issue.
Jennifer Litzau spoke in support of the ordinance banning the retail sales of puppies and kittens.Litzau
shared a story about a wire fox terrier in Pet City that came from a puppy mill in Nebraska and
discussed the poor conditions that exist for pets in pet stores.
Sarah Swanty,Animal Friends Alliance,spoke in support of the ordinance banning the retail sales of
puppies and kittens stating this is a way for Council to support the health and welfare of pets in this
community.Swanty stated more people need to consider adoption versus buying and noted several
homeless dogs are currently available.
Roland Halpern,Colorado Voters for Animals,spoke in support of the ordinance banning the retail
sales of puppies and kittens.Halpern encouraged adoption over purchasing and spoke to health
issues that result from mills.
Molly Obert,Until They’re Home,spoke in support of the ordinance banning the retail sales of puppies
and kittens.Obert stated that eight states have recently adopted similar legislation,and it is becoming
more common.
Ashley Waddel spoke in support of the ordinance banning the retail sales of puppies and kittens and
shared examples of businesses that have adapted to similar bans,including shifting to grooming
services,providing services to help shelters and rescues find forever homes for homeless pets,and
providing food and supplies.
Dani McCoy opposed the ordinance banning the retail sales of puppies and kittens without significant
changes to what has been written.McCoy stated this does nothing to take care of the bad actors in
this space and would result in retail stores having to shut down.McCoy concurred mills should be
regulated but opposed an overly broad ordinance.
Silen Wellington spoke in support of giving the Hughes Stadium property back to the indigenous
people stating this would give Fort Collins the chance to right a previous wrong while helping the entire
community.
3 Inguabta spoke in support of giving the Hughes Stadium property back to the indigenous people
stating this would give Fort Collins the chance to right a previous wrong.Inguabta mentioned the
beautiful plans for the property.
Kimberly Conner spoke in support of a ceasef ire resolution and shared some educational resources
related to this.Conner also spoke in support of giving the Hughes Stadium property back to the
indigenous people.
Nicole Wilson spoke in support of the ordinance banning the retail sales of puppies and kittens stating
there are a wide variety of people in the community who are concerned about this.Wilson stated the
adoption of the ordinance would hopefully set a precedent for other municipalities in this regard.
Tory Pappas shared concerns about current Poudre School District policies and funding inequities.
Pappas stated there should be a routine review of school boundaries that includes PSD,City staff,
families,and Safe Routes to School.Pappas expressed concern about the superintendent agreeing
to provide transportation for students to schools of choice stating this would hurt neighborhood
schools.
Christinia Eala spoke in support of giving the Hughes Stadium property back to the indigenous people.
Eala commented on the landscape and property improvements they want to do and stated the space
would provide a location for religious ceremonies.
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Edward Behan spoke in opposition to PRPA’s decision to move forward with an aeroderivative gas
turbine and stated there are other alternatives to help fill the gap during dark calm moments that should
be considered.Behan stated that he retired here in 2016 and was drawn here due to community
efforts to be carbon free.
Kristin Candella,Habitat for Humanity Director,stated she came straight from a ribbon culling for a
new Habitat for Humanity home thanks to the generosity of neighbors helping neighbors.Candella
thanked Council for having a vision in this space and making changes to land use codes that support
affordable housing.
An Powers opposed the civic assembly process stating it could have the unintended consequence of
underrepresenting the voices of black,indigenous,or other people of color.Powers stated the process
has already been expensive and suggested the funds could be used in better ways.Powers
expressed support for Council giving the land back to the indigenous people.
Linda Vescio spoke about living in a community that is as sustainable as possible and expressed
concern about the new requirement for a second set of trashcans for duplexes which have previously
shared bins.Vescio opposed being charged to opt out of a service the neighborhood has never had
nor needed and questioned how the City expects the residents to keep the bins out of site when there
will now be twice as many.Additionally,Vescio questioned how penalizing the residents for producing
less trash supports Fort Collins’sustainability goals.Vescio urged the City not to charge them for
unneeded trash cans.
Andre Dunn spoke in support of returning the Hughes Stadium property back to the indigenous people
and thanked all who have spoken before him related to this topic.
Richard Viktorin spoke about being brutally assaulted in a parking lot behind 120 West Laurel Street
four years ago and stated the Police have yet to investigate the assault.Additionally,Viktorin spoke
in support of the ordinance banning the retail sales of puppies and kittens.
Elizabeth Hudetz shared concerns about air quality monitoring and PRPA’s decision to move forward
with another gas-powered plant.
Public comment concluded at 7:11 p.m.
H)PUBLIC COMMENT FOLLOW-UP
Councilmember Pignataro asked about the date of the next PRPA meeting.Deputy City Manager
Marr replied there is a Board meeting a week from Thursday and public comment is allowed at every
meeting.Councilmember Pignataro encouraged those who spoke on PRPA to attend and speak at
that meeting.
Councilmember Pignataro congratulated the new Habitat for Humanity homeowner and encouraged
community members to get involved in the organization.
Councilmember Pignataro asked why the Revive neighborhood was unable to be exempted from the
single hauler trash contract.Deputy City Manager Marr replied the neighborhood falls under the new
waste contract because there are fewer than eight units per building;however,staff is monitoring the
situation and will make changes as needed.
Mayor Pro Tem Francis asked if the provision that allows people to share trash and be exempt from
the opt out fee would apply to this situation.Deputy City Manager Marr replied staff could get Council
and the residents additional information.
City of Fort Collins Page 489 City Council Proceedings
Councilmember Pignataro requested additional information on the Poudre School District’s plan to
bus students to schools of choice and on the collaboration opportunities Council has with the District.
Mayor Pro Tern Francis asked about the status of a study between the City and PSD related to sharing
buses.Deputy City Manager Marr replied staff would provide follow up.
Councilrnernber Ohlson stated he hopes Council would consider a resolution urging PRPA to have an
objective third-party evaluation of the proposed new gas plant.Additionally,he echoed the questions
related to PSD bussing and the irnpact of school of choice on neighborhood schools.
Councilrnember Gutowsky requested sorne follow up from staff regarding why the assault mentioned
by Richard Viktorin was not investigated.Deputy Police Chief Yeager stated the case was
investigated and presented to the District Attorney;however,the District Attorney’s Office did not
believe there was sufficient evidence to reach a successful prosecution and therefore,there is no
further action for the Police Department to take.Deputy Police Chief Yeager provided Viktorin with a
case nurnber for record access.
I)COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
No iterns were pulled.
J)CONSENT CALENDAR
1.Consideration and Approval of the Minutes of the July 2,2024,and the July 16,2024
Regular Meetings.
The purpose of this item is to approve the minutes of the July 2,2024,and July 16,2024 regular
meeting.
Approved.
2.Items Relating to Golf Enterprise Expenses.
A.Second Reading of Ordinance No.100,2024,Appropriating Prior Year Reserves for the Golf
Enterprise.
B.Second Reading of Ordinance No.101,2024,Appropriating Prior Year Reserves in the Golf
Fund for the Replacement of Necessary Systems at the Southridge and Collindale Golf Courses.
These Ordinances,unanimously adopted on First Reading on July 16,2024,appropriate the
amount of $730,930 from Golf Fund Reserves for necessary system replacement and an
appropriation of $350,000 from unanticipated excess revenue to the 2024 budget to address the
additional costs in Golf primarily related to higher revenues.
Adopted on Second Reading.
3.Second Reading of Ordinance No.102,2024,Appropriating Prior Year Reserves in the
Conservation Trust Fund for Park Planning and Development Funding Community Bike
Park Feasibility and Community Engagement.
This Ordinance,unanimously adopted on First Reading on July 16,2024,appropriates $70,000
to Park Planning and Development to conduct a community-scale bike park feasibility study as
directed by Council at the June 11 Work Session.The feasibility study will include an evaluation
of potential bike park locations,associated capital and on-going costs,identification of park
amenities and features,and a community enga gement process.This item is in response to public
input from the 2021 Parks and Recreation Plan:Recreate,and recent significant community input
Adopted on Second Reading.
City of Fort Collins Page 490 City Council Proceedings
4.Second Reading of Ordinance No.103,2024,Appropriating Philanthropic Revenue
Received by City Give for the Renovation of the Historic Carnegie Library as Designated
by the Donor.
This Ordinance,unanimously adopted on First Reading on July 16,2024,appropriates $100,000
in philanthropic revenue received by City Give for The Community Center for Creativity as
designated by the donor.
In 2019,City Give,a formalized enterprise-wide initiative was launched to create a transparent,
non-pa rtisan governance structure for the acceptance and appropriations of charitable gifts.
Adopted on Second Reading.
5.Second Reading of Ordinance No.104,2024,Appropriating Unanticipated Revenue in the
Cultural Services and Facilities Fund for Artist and Musicians’Fees for Shows at the
Lincoln Center.
This Ordinance,unanimously adopted on First Reading on July 16,2024,appropriates the amount
of $644,000 in unanticipated revenue in 2024 for expenses related to Artists and Musicians Fees
for LC Live shows at the Lincoln Center.
Adopted on Second Reading.
6.Second Reading of Ordinance No.105,2024,Making a Supplemental Appropriation of
Funds from the Colorado Department of Public Health and Environment,Environmental
Justice Grant for the Cultivating Community-Led Resilient Homes Project and Approving a
Related Intergovernmental Agreement.
This Ordinance,unanimously adopted on First Reading on July 16,2024,supports the City’s
commitment to advancing equity and environmental justice for all Fort Collins community members
by appropriating $168,874 of unanticipated grant revenue awarded by the Colorado Department
of Public Health and Environment (CDPHE)for the Cultivating Community-Led Resilient Homes
project
Adopted on Second Reading.
7.First Reading of Ordinance No.107,2024,Appropriating Unanticipated Philanthropic
Revenue Received by City Give for Various Programs and Services as Designated by the
Donors.
The purpose of this item is to request an appropriation of $58,120 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.
8.First Reading of Ordinance No.108,2024,Authorizing Transfer of Appropriations for the
Affordable Housing and Planning and Development Process Improvement Project.
The purpose of this item is to transfer matching funds in the amount of $55,000 from the Licensing,
Permitting,and Code Enforcement operating business unit to the non-lapsing grant business unit
for the Affordable Housing Development Review Process grant On May 21,2024,City Council
City of Fort Collins Page 491 City Council Proceedings
adopted Ordinance No.059,2024,appropriating the $200,000 awarded to the City by the State
Department of Local Affairs (DOLA).
Adopted on First Reading.
9.First Reading of Ordinance No.109,2024,Making Supplemental Appropriations of New
Revenue in the 2050 Tax Park Rec Transit OCF Fund for Consulting Work Contributing to
the Transfort Optimization Study.
The purpose of this item is to appropriate 2050 Transit Tax Resesves for additional consulting work
for the Trans fort Optimization Study.
Adopted on First Reading.
10.First Reading of Ordinance No.110,2024,Making Supplemental Appropriations of
Unanticipated Grant Revenue in the Transit Services Fund and New Revenue From the 2050
Tax Parks Rec Transit OCF Fund for Transfort Consulting Work Related to the West
Elizabeth Corridor.
The purpose of this item is to appropriate unanticipated grant funding and 2050 Transit Tax
Reserves for additional consulting work for West Elizabeth design work
Adopted on First Reading.
11.First Reading of Ordinance No.111,2024,Appropriating Prior Year Reserves in the Parking
Services Fund for Parking Structure Maintenance,Parking Planning,and Safety.
The purpose of this item is to enable the City to appropriate Civic Center Parking Structure (CCPS)
reserve funds and Parking Services reserve funds.The funds will be used for the completion of
maintenance projects and for increased security costs.If approved,this item will:1)appropriate
$1,20c~000 in CCPS Reserve funds and 2)appropriate $395,000 from Parking Services reserves.
Adopted on First Reading.
12.First Reading of Ordinance No.112,2024,Making a Supplemental Appropriation from the
U.S.Department of Energy’s Energy Efficiency and Conservation Block Grant in support of
the Edora Pool and Ice Center Lighting System Replacement Project.
The City received $206,680 in formula funds under the U.S.Department of Energ/s Energy
Efficiency and Conservation Block Grant (“EECBG’9 program.The City was required to apply
under the EECBGs voucher program,specifically to demonstrate the beneficial use of funds in
replacing the fluorescent lighting system in both ice rinks at Edora Pool and Ice Center (“EPIC’9
with an energy efficient LED lighting system.Based on the Cit/s successful application,this item
is to support the project by appropriating $206,680 of unanticipated revenue from the DOE.
Adopted on First Reading.
13.First Reading of Ordinance No.113,2024,Making Supplemental Appropriations from Prior
Year Reserves and Developer Contributions and Authorizing Transfers of Appropriations
for the College Avenue-Trilby Road Intersection Improvements Project and Related Art in
Public Places.
The purpose of this item is to provide supplemental appropriations 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 appropriate the following ultimate amounts as designated:1)$11,781 from a payment-in-lieu
(PIL)to the City from a development contribution to construction;2)$900,000 from Transportation
City of Fort Collins Page 492 City Council Proceedings
Capital Expansion Fee (TCEF)reserves;3)$600,000 from Community Capital Improvement
Program (CCIP)Arterial Intersection Improvements reserves;4)$119 (1%of PIL)from a PIL to
the City from a development contribution to construction to the Art in Public Places (APP)program;
5)$8,820 (0.8%of TCEF Project contribution)from TCEF reserves to the APP program;and 6)
$180 (0.2%of TCEF Project contribution)for maintenance of art from the Transportation Services
fund reserves to the APP program.
Adopted on First Reading.
14.First Reading of Ordinance No.114,2024,Authorizing Transfer of Appropriations from the
South Timberline Mail Creek Trail Underpass Project to the South Timberline Corridor
Project.
The purpose of this item is to reappropriate funding from the South Timberline Mall Creek Trail
Underpass project (“Underpass’9 to the South Timberline Corridor project (“Corridor”).No new
funding will be appropriated.
Adopted on First Reading.
15.First Reading of Ordinance No.115,2024,Making Supplemental Appropriations of Prior
Year Reserves from Developer Contributions and Authorizing Transfers for the Future Vine
and Timberline Overpass Project and Related Art in Public Places.
The purpose of this item is to enable the City to appropriate development payment-in-lieu (PIL)
funds for the Vine and Timberline Overpass Project (Project).The funds will be used for design
services and grant appilcation support services.If approved,this item will:1)appropriate $273,361
rece Wed in 2016 as a development contribution to construction by an adjacent development;and
2)appropriate $3,318 (1%of PIL)from a PIL to the City from a development contribution to
construction to the Art in Public Places (APP)program.
Adopted on First Reading.
16.First Reading of Ordinance No.116,2024,Making Supplemental Appropriations of Revenue
from Developer Contributions and Authorizing Transfers for the Cordova Road Right-of-
Way Acquisition.
The purpose of this item is to appropriate developer contribution funds for the City to acquire right-
of-way for Cordova Road as provided in the development agreement for The Landing at Lemay.If
approved,this item will appropriate $500,000 received in July as a development contribution for
Cordova Road Right-of-Way Acquisition.
Adopted on First Reading.
17.First Reading of Ordinance No.117,2024,Amending Chapters 12 and 19 of the Code of the
City of Fort Collins Regarding the Requirements for the Building Energy and Water Scoring
Program.
The purpose of this item is to amend City Code Chapters 12 and 19 relating to the Building Energy
and Water Scoring (BEWS)program.This amendment would modify service requirements for
municipal court citations issued under City Code Section 12-20 7.This item does not add any new
requirements for building owners.
Adopted on First Reading.
City of Fort Collins Page 493 City Council Proceedings
18.Items Relating to the Laporte Avenue Multimodal Improvement Project.
A.Resolution 2024-097 Authorizing the Execution of an Amendment to An Existing
Intergovernmental Agreement between the City of Fort Collins,Colorado,and the Colorado
Department of Transportation for the Laporte Avenue Multimodal Improvement Project
B.First Reading of Ordinance No.118,2024,Making Supplemental Appropriations from Grant
Revenue and Prior Year Reserves and Authorizing Transfers of Appropriations for the Laporte
Avenue Multimodal Improvement Project and Related Art in Public Places.
The purpose of this item is to reappropriate funding from the Laporte Bridges project (“Bridges”)
to the Laporte Avenue Multimodal Improvements Project (the Project”),receive and appropriate
Colorado Department of Transportation (“CDOT’9 funds,and provide supplemental appropriations
to the Project.The CDOT funds will be used for the construction of a Rectangular Rapid Flashing
Beacon (“RRFB’9 signal at Laporte Avenue and Impala Drive.If approved this item will:1)
authorize the Mayor to execute an amendment to the Intergovernmental Agreement (the IGA’)
for the Project with CDOT;2)appropriate $49,500 of Highway Safety Improvement Program
(“HSIP’9 grant funds to the Project;3)appropriate $330,500 from Transportation Capital Expansion
Fee (‘TCEF’)reserves to the Project;4)appropriate $175,000 from Transportation Services Fund
reserves to the Project;5)reappropriate $517,000 from Bridges to the Project;6)appropriate
$4,044 (0.8%of TCEF and Transportation Services Project contribution)from TCEF reserves to
the Art in Public Places (‘APP’)program;5)appropriate $1,011 (0.2%of TCEF and Transportation
Services Project contribution)for maintenance of art from the Transportation Services Fund
Reserves to the APP program.
Adopted Resolution and Ordinance on First Reading.
19.First Reading of Ordinance No.119,2024,Making Supplemental Appropriations from
Colorado Department of Transportation Revenue for the Intersection Improvements on US-
287 (College Avenue)Project.
The purpose of this item is to appropriate Colorado Department of Transportation (CDOT)revenue
dedicated to infrastructure improvements complying with the Americans with Disabilities Act
(ADA).
Adopted on First Reading.
20.Items Relating to the Rocky Ridge Conservation Project.
A.Resolution 2024 -098 Authorizing the Mayor to Execute an Intergovernmental Agreement with
Larimer County to Partner on the Purchase of a 484-acre Property in the Wellington Community
Separator.
B.First Reading of Ordinance No.120,2024,Authorizing the Conveyance to Larimer County of a
Conservation Easement and a Right of First Refusal on the Rocky Ridge Property.
The purpose of this item is to authorize an Intergovernmental Agreement (IGA)with Larimer
County for the Rocky Ridge Conservation Project.The Project will conserve 484-acres in fee within
in the Wellington Community Separator.The Ordinance will authorize the conveyance of a
conservation easement and right of first refusal on the property.
Adopted Resolution and Ordinance on First Reading.
City of Fort Collins Page 494 City Council Proceedings
21.Items Relating to the Poudre Water Supply Infrastructure Wildfire Ready Action Plan.
A.Resolution No.2024-099 Authorizing the City Manager to Enter into a Grant Agreement with
the State of Colorado Regarding the Poudre Water Supply Infrastructure Wildfire Ready Action
Plan.
B.First Reading of Ordinance No.121,2024,Making Supplemental Appropriations of
Unanticipated Grant Revenue,Prior Year Reserves,and Authorizing Transfers for the Poudre
Water Supply Infrastructure Wildfire Ready Action Plan.
The purpose of this item is to support Fort Collins Utilities (Utilities)in developing a Wildfire Ready
Action Plan (WRAP)in collaboration with the City of Greeley (Greeley)and the Water Supply and
Storage Company (WSSC).The WRAP will help Utilities and its partners mitigate the vulnerability
of water supplies and water supply infrastructure in the upper Poudre and Michigan River
watersheds to the threat of wildfire.Accordingly,pursuant to Resolution No.2024-066,the City,
Greeley,and WSSC entered into an agreement,dated May 21,2024,to coordinate their joint
efforts related to funding and developing the WRAP.In addition,the City has recently been
awarded grant funding from the Colorado Water Conservation Board (CWCB)through the Wildfire
Ready Watershed Grant Program to assist in the development of a WRAP.Once adopted,this
resolution will authorize Utilities to enter into the Intergovernmental Grant Agreement (IGGA)with
the State of Colorado to receive funding to support the development of the WRAP.The Ordinance
will:1)appropriate the grant revenue from the State of Colorado;2)appropriate monetary
contributions from Greeley and WSSC;and 3)appropriate and authorize transfers of Utilities grant
match commitments.
Adopted Resolution and Ordinance on First Reading.
22.First Reading of Ordinance No.122,2024,Designating the ChavezlAmbrizlGonzales
Property,724 Martinez Street,Fort Collins,Colorado,as a Fort Collins Landmark Pursuant
to Fort Collins City Code Chapter 14.
The purpose of this item is to request City landmark designation for the Chavez/AmbrizJGonzales
Property at 724 Martinez Street In cooperation with the property owners,City staff and the Historic
Preservation Commission (Commission)have determined the property to be ellgible for
designation.The property is significant under City Code 14-22(a)Standard 1,Events/Trends,for
association with the early sugar beet industry in Fort Collins,its social history;and its Hispanic
history,as well as under Standard 3,Design/Construction,as a rare example of adobe
construction in Fort Colllns and including a Community Development Block Grant (CDBG)-funded
addition.The owners are requesting designation,which will provide protection of the property’s
exterior and access to financial incentives for owners to use for historic properties.
Adopted on First Reading.
23.Resolution 2024-096 Approving Participation in the Settlement with An Additional Opioid
Defendant,Kroger,and a Related Waiver of Claims.
The purpose of this item is to consider a resolution to allow the City to participate in the Colorado
Opioids Settlement with Kroger by granting approval to sign an additional participation agreement
and waiver of claims for opioid-related damages.This is hi follow-up to prior approvals of
settlements with multiple other opioid defendants,negotiated through national settlement efforts
coordinated through the State of Colorado.
Adopted.
City of Fort Collins Page 495 City Council Proceedings
24.Resolution 2024-100 Authorizing a Second Amendment to the Intergovernmental
Agreement Between the Poudre River Public Library District,the City of Fort Collins,and
Larimer County.
The purpose of this item is to amend the Intergovernmental Agreement (IGA)between the Poudre
River Public Library District,the City and Larimer County to change the selection process when
there are vacancies on the District board.This amendment would allow the District Trustees to
interview applicants and recommend appointments for ratification by Council and the County
Board of Commissioners.
Adopted.
25.Items Relating to FLEX Route Regional Transit Services Intergovernmental Agreements.
A.Resolution 2024-101 Authorizing the Execution of an Intergovernmental Agreement between
the City of Fort Collins,Colorado and the City of Loveland for FLEX Route Regional Transit
Services.
B.Resolution 2024-102 Authorizing the Execution of an Intergovernmental Agreement between
the City of Fort Collins,Colorado and the Town of Berthoud for FLEX Route Regional Trans ft
Services.
C.Resolution 2024-103 Authorizing the Execution of an Intergovernmental Agreement between
the City of Fort Collins,Colorado and the County of Boulder for FLEX Route Regional Transit
Services.
D.Resolution 2024-104 Authorizing the Execution of an Intergovernmental Agreement between
the City of Fort Collins,Colorado and the City of Boulder for FLEX Route Regional Trans ft
Services.
E.Resolution 2024-105 Authorizing the Execution of an Intergovernmental Agreement between
the City of Fort Collins,Colorado and the City of Longmont for FLEX Route Regional Transit
Services.
The purpose of these items is to authorize the City Manager to sign separate Intergovernmental
Agreements (“IGA5’)with the City of Loveland,the Town of Berthoud,the City of Boulder,the
County of Boulder,and the City of Longmont (collectively,the “FLEX Partners”)by which the FLEX
Partners will contribute funds toward the operating cost of the FLEX Route Regional Trans ft
Service bus route to further the goals of regional connectivity through transit.
Adopted.
26.Resolution 2024-106 Approving Fort Fund Special Events Grant Disbursements.
The purpose of this item is to approve Fort Fund grants from the Cultural Development and
Programming Account and the Tourism Programming Account for the selected community events
in the Special Event Grant —July Deadline category,based upon the recommendations of the
Cultural Resources Board.
Adopted.
END OF CONSENT CALENDAR
Coundilmember Pignataro moved,seconded by Councilmember Gutowsky to approve the
recommended actions on items 1-26,on the Consent Calendar.
City of Fort Collins Page 496 City Council Proceedings
Councilmember Pignataro noted Item Nos.19,First Reading of Ordinance No.1 19~2024,Making
Supplemental Appropriations from Colorado Department of Transportation Revenue for the
Intersection Improvements on US-287 (College Avenue)Project,21,Items Relating to the Poudre
Water Supply,Infrastructure Wildfire Ready Action Plan,and 23,Resolution 2024-096 Approving
Participation in the Settlement with An Additional Opioid Defendant,Kroger,and a Related Waiver of
Claims,are good news items.
The motion carded,5-0.
Ayes:Mayor Pro Tern Francis,Councilmembers Gutowsky,Ohison,Pignataro,and Canonico.
Absent:Mayor Arndt and Councilmember Potyondy.
IC)CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Coundilmembers to comment on
items adopted or approved on the Consent Calendar.)
Councilmember Ohlson commented on Item No.8,First Reading of Ordinance No.108,2024,
Authorizing Transfer of Appropriations for the Affordable Housing and Planning and Development
Process Improvement Project stating he supports the project but wanted to ensure the dollars being
taken from the Licensing,Permitting,and Code Enforcement Operating Business Unit to fund it would
not impact code enforcement in neighborhoods.Deputy City Manager Marr replied staff would follow
up in writing.
Councilmember Ohison asked about the anticipated timeframe for the Vine and Timberline overpass
project,per Item No.15,First Reading of Ordinance No.115,2024,Making Supplemental
Appropriations of Prior Year Reserves from Developer Contributions and Authorizing Transfers for the
Future Vine and Timberline Overpass Project and Related Art in Public Places.He noted the Vine
and Lemay overpass took decades to come to fruition.Deputy City Manager Marr replied that it will
depend on development and grant opportunities and noted the same issue arose with the Vine and
Lemay overpass.He stated it will likely be a decade before funding is complete.Councilmember
Ohlson requested staff provide a more formal timeline when possible.
Councilmember Ohlson commented on Item No.16,First Reading of Ordinance No.116,2024,
Making Supplemental Appropriations of Revenue from Developer Contributions and Authorizing
Transfers for the Cordova Road Right-of-Way Acquisition,stating the developer was not able to
acquire the needed right-of-way and will now owe the City $500,000 to take over that process.He
asked how often this type of thing occurs.Deputy City Manager Marr replied staff would follow up in
writing.
Councilmember Ohlson asked if there will continue to be an application process like the current one
per Item 24,Resolution 2024-100 Authorizing a Second Amendment to the Intergovernmental
Agreement Between the Poudre River Public Libraiy District the City of Fort Collins,and Larimer
County.Deputy City Manager Marr confirmed that it is staff’s understanding that a similar application
process will continue and will follow up with additional details in writing.
L)STAFF REPORTS
None.
M)COUNCILMEMBER REPORTS
Councilmember Canonico thanked the neighborhoods involved in Neighborhood Night Out and
thanked staff members in Fort Collins and Boulder for their work to host Councilmembers for a field
trip to Boulder.
Councilmember Gutowsky reported on the City’s employee picnic and commended those involved.
She noted the Fort Collins Welcome Center has a new location on Mountain Avenue in a portion of
the old Coopersmith’s building which will also be housing a new restaurant.Additionally,she stated
City of Fort Collins Page 497 City Council Proceedings
a new Poudre Fire Authority station will be opening in Laporte,and it will include a large community
center.She reported on attending the ComiCon event at the Senior Center and congratulated Nick
Armstrong for organizing the event on an annual basis.
Clerk’s Note:Mayor Pro Tern Francis called for a break at 7:31 p.m.,noting the meeting would
resume at 7:40 p.rn.
N)CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
None.
0)CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
27.Second Reading of Ordinance No.106,2024,Appropriating Prior Year Reserves in the
General Fund for a Civic Assembly Process in Relation to the Hughes Stadium Site.
This Ordinance,adopted on First Reading by a vote of 4-2 (Nays:Ohlson,Gutowsky;Absent
Pignataro)appropriates one-time dollars in the amount of $150,000 to be used for a Civic
Assembly engagement process in relation to the Hughes Site Plan work.Staff is also requesting
that City Council approve a sole source exception for Healthy Democracy Fund to provide services
related to the design,coordination and implementation of a civic assembly should grant revenue
bring the project above $200,000.
PUBLIC COMMENT
Madeline Grigg urged Council to focus its efforts related to the Hughes property on the
preservation of indigenous cultures and education based on the desires and visions of the
indigenous communities.Grigg stated trust was broken in the past and harm needs to be repaired.
Laura (no last name provided)urged Council to support the land back initiative and referred to a
report that had been done by the People of Sacred Lands Truth,Restoration,and Education
Commission of Colorado.
COUNCIL DISCUSSION
Councilmember Ohlson stated he did not support this item on First Reading and feels the same
now.
Councilmember Gutowsky also stated that she did not support this item on First Reading and that
her opinion had not changed.She stated the voice of the voters was clear in the desire for an
open space and suggested Council could place the question on the ballot as to whether it should
designate the property as a natural space to be maintained as such in perpetuity.She opposed
spending funds on a random sampling of community members in a civic assembly process.
Councilmember Pignataro noted tax dollars of all community members was used to purchase the
property whether those members voted in support of the previous ballot measure or not.She
stated the civic assembly process is a good opportunity to try something new and see what comes
out of a purposeful process that cannot be skewed by organizations that may be more organized
than others.She also noted Council is not bound by the results of the civic assembly process.
Councilmember Canonico noted only about 35%of eligible voters voted in the election in which
the Hughes item was included.She asked how the demographics will be represented in the civic
assembly process.Assistant City Manager Venkatesh replied there will be a stratified lottery used
to select the civic assembly members and it will be representative of the community.She stated
part of the reason this process is being considered is because there will be a lot of opportunity for
City of Fort Collins Page 498 City Council Proceedings
the consultant to work with the Native community,so they are prepared to share their ideas with
the assembly.
Mayor Pro Tern Francis expressed support for the itern and noted the ballot language outlined
several ideas for the land.She stated the civic assembly process will provide opportunities for
agreement on how the land should be used.
Councilmember Pignataro moved,seconded by Councilrnember Canonico,to adopt on
Second Reading,Ordinance No.106,2024,Appropriating Prior Year Reserves in the
General Fund for a Civic Assembly Process in Relation to the Hughes Stadium Site.
The motion carried,3-2.
Ayes:Mayor Pro Tern Francis and Councilmembers Pignataro and Canonico
Nays:Councilmembers Gutowsky and Ohlson
Absent:Mayor Arndt and Councilmember Potyondy
28.First Reading of Ordinance No.123,2024,Amending Chapter 4 of the Code of the City of
Fort Collins to Ban the Retail Sale of Dogs and Cats.
The purpose of this item is to ban the retail sale of dogs and cats from stores within Fort Collins
city limits.
STAFF PRESENTATION
Sylvia Tatman-Burruss,Senior Policy and Project Manager,stated the purpose of this ordinance
is to ban the retail sales of dogs and cats within Fort Collins city limits.Tatman-Burruss noted
Council rnay modify the ordinance to exempt existing retail stores or to include banning sales from
parking lots,roadside areas,outdoor markets,and other events.Additionally,Tatman-Burruss
noted NOCO Humane,with whom the City contracts,has stated they can enforce the ordinance
within its existing contract.
PUBLIC COMMENT
Grant Wilcox spoke in support of the ordinance banning the retail sale of dogs and cats and
commented on some inconsistencies shown on Pet City’s website and a lack of transparency by
the store.
David Rainey Corbyn stated he is a veterinarian and formed a relationship with Pet City in 1989
which continued until he retired in 2015,during which time he helped ensure the health of its
animals.Rainey Corbyn commented on a policy allowing Pet City staff to go to a breeder
unannounced,any time,to check on the health of animals,and stated they would only do business
with breeders who allowed this.Rainey Corbyn opposed the ordinance banning the retail sale of
dogs and cats.
Erin Murray opposed the ordinance banning the retail sale of dogs and cats stating she has been
a manager at Pet City for several years.Murray stated this ordinance jeopardizes her employment
and that of others and serves as a stark reminder that any business can find itself under threat
with little to no warning.Additionally,Murray commented on the importance of personal choice for
people who are looking for a pet.
COUNCIL DISCUSSION
Councilmember Pignataro noted one of the speakers mentioned parking lot and out of car sales
and asked about the possibility of amending the ordinance to include those items.City Attorney
Daggett replied staff is prepared to provide the language that would be needed if Council would
City of Fort Collins Page 499 City Council Proceedings
like to add it at First Reading.Alternatively,it could be published with the Second Reading
language,or the item could be postponed for consideration.
Councilmember Pignataro stated she would support options one or two.
Councilmember Gutowsky expressed support for the ordinance as written on First Reading with
the inclusion of the additional language on Second Reading.
Councilmember Ohlson expressed support for either option one or two.
Mayor Pro Tem Francis asked if the new language could be read so Council could better
understand what it was considering.
City Attorney Daggett outlined the suggested changes to the ordinance as published which would
include adding a new section that would prohibit the sale of dogs and cats in public places.
Councilmember Gutowsky stated she would be open to adding the new language on First Reading.
Councilmember Pignataro asked about enforcement related to the new piece of language.Deputy
City Manager Marr replied NOCO Humane will be handling enforcement under its existing contract.
Councilmember Gutowsky asked if there would be any additional law enforcement.Deputy City
Manager Marr replied the City tends to rely on its NOCO Humane partners for enforcement of
these Code provisions.City Attorney Daggett replied there are other law enforcement officers of
the City who would be legally able to enforce the provisions.
Councilmember Pignataro moved,seconded by Councilmember Gutowsky,to adopt on
First Reading,Ordinance No.123,2024,Amending Chapter 4 of the Code of the City of Fort
Collins to Ban the Retail Sale of Dogs and Cats,with the addition of the language as read
by the City Attorney.
Councilmember Pignataro thanked those who have been involved in this issue for over a year now
and expressed support for the fact that the language would also ban the sales of animals in parking
lots and similar situations.
Councilmember Gutowsky noted this ordinance will not go into effect until May of 2025 which
would allow time for Pet City to adopt a different business model to adapt.
City Attorney Daggett clarified that the delayed implementation only applies to retail stores and all
other provisions would go into effect on the effective date of the ordinance,or ten days after second
reading.
Councilmember Ohlson thanked everyone for work on this item and commented on a newspaper
article outlining concerns about the quality of life for animals at puppy mills.He stated it is
important to provide a voice to creatures that do not have one and now is the time to move forward
with this item.
Mayor Pro Tem Francis noted she was initially skeptical of what this would do because it seems
very focused on one business;however,with the additional language,she feels more comfortable
adopting the ordinance.
City of Fort Collins Page 500 City Council Proceedings
The motion carried,5-0.
Ayes:Mayor Pro Tem Francis and Councilmembers Pignataro,Canonico,Gutowsky,and
Ohison
Nays:None.
Absent:Mayor Arndt and Councilmember Potyondy
29.Resolution 2024-1 07 Making an Appointment to the Affordable Housing Board.
The purpose of this item is to fill an existing vacancy on the Affordable Housing Board.
Pursuant to Council policy,the recommended appointee has completed or will complete the
required acknowledgement and acceptance of the Code of Conduct and the applicable laws and
policies that govern ses’vice on City of Foil Collins boards and commissions.
PUBLIC COMMENT
None.
COUNCIL DISCUSSION
Councilmember Pignataro requested clarification as to why this item is not on the Consent
Calendar.Deputy City Manager Marr replied the interviews for this vacancy were conducted after
the Council packet was published,therefore,the Resolution was published with a blank and
needed to be considered on the discussion agenda.
Councilmember Pignataro moved,seconded by Councilmember Canonico,to adopt
Resolution 2024-107 Making an Appointment to the Affordable Housing Board,inserting
the name of Jorja Whyte.
Councilmember Canonico thanked those who applied to fill the vacancy and stated there were
many qualified applicants.She stated the chosen candidate is a student at CSU and she is excited
to see that population involved in City government.
Mayor Pro Tern Francis thanked the applicants as well as all Board members who serve the City.
The motion carried,5-0.
Ayes:Mayor Pro Tern Francis and Councilmernbers Gutowsky,Ohlson,Pignataro and
Canonico
Nays:None.
Absent:Mayor Arndt and Councilrnernber Potyondy
P)RESUMED PUBLIC COMMENT
None.
Q)OTHER BUSINESS
None.
City of Fort Collins Page 501 City Council Proceedings
R)ADJOURNMENT
There being no further business before the Council,the meeting was adjourned at 8:21 p.m.
ATTEST:
ity Cl
a
Mayor Pro ~n
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