HomeMy WebLinkAboutMINUTES-09/17/2024-Regular (2)September 17, 2024
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Re gular Meeting -6:00 PM
PROCLAMATIONS AND PRESENTATIONS
5:00 PM
A)PROCLAMATIONS AND PRESENTATIONS
PP 1. Declaring the Week of September 15-21 as Fort Collins Co-Responders Week.
PP 2. Declaring the Week of September 17-23 as Constitution Week.
PP 3. Declaring the Week Leading up to the Games on Saturday, September 27, 2024 as
Canvas Community Classic Week.
PP 4. Declaring the Month of September 2024 as National Preparedness Month.
Mayor Jeni Arndt presented the above proclamations at 5:00 p.m.
B)CALL MEETING TO ORDER
REGULAR MEETING
6:00 PM
Mayor Jeni Arndt 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
platform.
C)PLEDGE OF ALLEGIANCE
Mayor Jeni Arndt led the Pledge of Allegiance to the American Flag.
D)ROLL CALL
PRESENT
Mayor Jeni Arndt
Mayor Pro Tern Emily Francis
Councilmember Susan Gutowsky
Councilmember Julie Pignataro
Councilmember Tricia Canonico
Councilmember Melanie Potyondy
Councilmember Kelly Ohlson
STAFF PRESENT
City Manager Kelly DiMartino
City Attorney Carrie Daggett
City Clerk Delynn Coldiron
City of Fort Collins Page 1 City Council Proceedings
Ed Behan, Larimer Alliance for Health, Safety, and the Environment, opposed the proposed PRPA
methane gas turbine plant and expressed skepticism that the plant would remain idle unless needed
during dark calm periods. Additionally, Behan stated PRPA is last among Colorado power utilities in
establishing a truly renewable energy resource for its member communities at a time when air quality
in our region remains some of the least healthy in the state. Behan urged Council to require a third
party review of the Integrated Resource Plan.
Colin Gerety stated the City's goals to reduce vehicle miles traveled have generally failed primarily
due to poor road design that encourages speeding and ensures the community will always be auto
dependent. Gerety suggested Council should pass an ordinance requiring a reduction in lane width
and having no more than one lane in each direction.
Amy Hoeven noted she serves on the Citizen Review Board but was speaking for herself. Hoeven
thanked Council for its ongoing support of the immigration and eviction legal funds and shared information about DACA and work authorization students being supported by the assistance. Hoeven
stated financial stability is vital in keeping families and communities secure, healthy, and self
sufficient. Hoeven urged Council to continue to support the funds in the upcoming budget.
Sam Killmeyer opposed the proposed PRPA methane gas turbine plant and associated rate increases
for a plant that will worsen air quality and contribute to climate change. Killmeyer urged Council to
require a third-party review of the Integrated Resource Plan and stated PRPA is the poorest performer
in the state in adopting clean energy plans.
Debbie Mayer, Colorado Poverty Law Project, spoke in support of the eviction and immigration legal
funds and discussed the work her organization has been able to complete with support from the funds to help get ahead of evictions. Mayer urged Council to continue to support the funds in the upcoming
budget.
River Heide, Colorado Poverty Law Project, spoke in support of the eviction and immigration legal
funds and discussed the work her organization has been able to complete with support from the funds.
Heide urged Council to continue supporting the funds stating there is ongoing need for this type of
assistance.
Arpi Miller, ISAAC Northern Colorado, thanked Council for meeting with her and spoke in support of
the immigration and legal defense funds as well as other affordable housing initiatives that remain
unfunded. Miller stated that the budget seems out of sync with the values of the community and noted 48 leaders from 27 local non-profits signed on in favor of supporting the immigration and legal defense
funds and preserving equity funding in the budget.
Patricia Alvarez Harrell, Alianza NORCO, expressed support for the immigration and legal defense
funds and Council's commitment to this segment of the community. Alvarez Harrell shared information
about eviction prevention and work that has been done with the legal defense fund. Alvarez Harrell
thanked Council for its efforts related to this work thus far and encouraged funding of the budget offers.
Michele Pullaro, citizen and downtown business owner, discussed issues with being targeted by
homeless and transient men and chronic criminal behavior in the downtown area. Pullaro suggested
the Public Nuisance Ordinance should be able to be used to address troubling behavior on public
property.
Adam Hirsh horn opposed activities that are occurring related to the Israel/Palestine conflict and asked Counci/members to raise their hands if they were ready to acknowledge various items in support of
Palestine.
Public comment concluded at 6:57 p.m.
H)PUBLIC COMMENT FOLLOW-UP
Councilmember Potyondy noted that public comment is not an opportunity for dialogue with
Councilmembers. She thanked the speakers, particularly those from community non-profit
organizations.
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Mayor Arndt provided a correction on an email she sent out related to submission of the PRPA
Integrated Resource Plan and read information related to the requirements and related modeling and
emission reductions.
Councilmember Ohlson noted he still supports a third-party review of the PRPA Integrated Resource
Plan and asked if it takes three or more Councilmembers to do this. City Attorney Daggett replied the
topic could be brought up under Other Business and would require the support of three
Councilmembers.
Council member Ohlson stated he would support the item if it were brought up under Other Business.
He also expressed appreciation for the comments ottered by Colin Gerety regarding road design and
noted a new book is out related to road design and safety, entitled Killed by a Traffic Engineer by Wes
Marshall.
Councilmember Canonico discussed the Council priority related to advancing the 15-minute city by
accelerating the shift to active modes and requested an update from staff. City Manager DiMartino
stated many projects are underway and noted the City recently received a $1.7 million grant for active
modes projects and stated staff would follow up with additional detail.
Councilmember Pignataro thanked the student who spoke in support of the resolution on alternative
sentencing.
I)COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
None.
J)CONSENT CALENDAR
1.Consideration and Approval of the Minutes of the August 20, 2024, and September 3, 2024,Regular Meetings.
The purpose of this item is to approve the minutes of the August 20, 2024, and September 3,
2024, regular meetings.
Approved.
2.Second Reading of Ordinance No. 124, 2024, Appropriating Prior Year Reserves in theGeneral Fund and Authorizing Transfer of Appropriations to the Recreation Fund for thePurchase of a Bus for Use by the Recreation Department's Childcare Programs.
This Ordinance, unanimously adopted on First Reading on September 3, 2024, appropriates
funds designated for childcare projects to purchase a full-size bus committed to Recreation
Department's childcare programs.
Adopted on Second Reading.
3.Second Reading of Ordinance No. 125, 2024, Making Supplemental Appropriation from theColorado Auto Theft Prevention Authority Grant for the Fort Collins Police ServicesProperty Crimes Unit.
This Ordinance, unanimously adopted on First Reading on September 3, 2024, supports the Fort
Collins Police Services' Property Crimes Unit by appropriating $50,000 of unanticipated grant
revenue awarded by the Colorado State Patrol.
In July 2024 the Colorado State Patrol awarded Fort Collins Police Services $50,000 in capacity
as a par tner agency of the Beat Auto Theft Through Law Enforcement (BA TILE) Task Force. The
$50,000 award is under the BATTLE program's FY25 cycle. These state funds will be used for
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overtime pay for Fort Collins Police Services personnel to support multiagency and
multijurisdictional BATTLE operations to identify, interdict, investigate, enforce, and prosecute
motor vehicle theft-related crimes.
Adopted on Second Reading.
4.Second Reading of Ordinance No. 126, 2024, Appropriating Prior Year Reserves in the
General Fund for the Grocery Tax Rebate Program.
This Ordinance, unanimously adopted on First Reading on September 3, 2024, appropriates
$442,460 from General Fund reserves to fulfill the FY2024 Grocery Tax Rebate Program rebate
and personnel budget obligations.
Adopted on Second Reading.
5.Second Reading of Ordinance No. 127, 2024, Appropriating Unanticipated Philanthropic
Revenue Received by City Give for Various Programs and Services as Designated by the
Donors.
This Ordinance, unanimously adopted on First Reading on September 3, 2024, appropriates
$189,390 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 Second Reading.
6.Second Reading of Ordinance No. 128, 2024, Amending the City Plan Structure Plan Map
in Conformance with the East Mulberry Plan Update.
This Ordinance, unanimously adopted on First Reading on September 3, 2024, updates the
Structure Plan Map following the recommended Place Type changes outlined in the East Mulberry
Plan. The proposed changes encompass approximately 500 acres and reflect the changes
previously presented and discussed with the Planning and Zoning Commission leading up to the
adoption of the East Mulberry Plan in December 2023. Proposed changes are summarized in the
following sections of this report and do not deviate from what was included within the adopted
version of the 2023 East Mulberry Plan.
Adopted on Second Reading.
7.Second Reading of Ordinance No 129, 2024, Making Supplemental Appropriations and
Authorizing Transfers of Appropriations for the William Neal and Ziegler Intersection
Improvements Project and Related Art in Public Places.
This Ordinance, unanimously adopted on First Reading on September 3, 2024, enables the City
to receive and expend federal Transportation Alternatives Program ("TAP") funds and local funds
for the William Neal and Ziegler Intersection Improvements Project (the "Project"). The funds will
be used to design and install an at-grade bicycle and pedestrian crossing at the intersection of
William Neal Parkway and Ziegler Road. It is anticipated that a new at-grade crossing at this
intersection will provide a safe crossing point between the Rendezvous Trail and Rigden Farm to
the west and the Poudre River Trail extension and the future East Community Park to the east.
If approved, the item will: 1) authorize the Mayor to execute an intergovernmental agreement
("IGA") for the Project with the Colorado Department of Transportation ("COOT"); 2) appropriate
$603,624 of TAP grant funds for the Project; 3) move previously appropriated matching funds
City of Fort Collins Pages City Council Proceedings
from the Sustainable Funding 2050 Tax and Community Capital Improvement Program (CCIP)
Bicycle Program for the Project; and 4) appropriate funds to the Art in Public Places (APP)
program.
Adopted on Second Reading.
8.Second Reading of Ordinance No. 130, 2024, Making Supplemental Appropriations of Prior
Year Reserves and Highway Safety Improvement Program Grant Funds and Authorizing
Transfers for the Signal Upgrades Project and Related Art in Public Places.
This Ordinance, unanimously adopted on First Reading on September 3, 2024, enables the City
to receive and expend federal Highway Safety Improvement Program ("HSIP") funds and local
funds for the Signal Upgrades Project (the "Project''). The funds will be used to enhance and
upgrade traffic signals at up to thirty-one locations throughout the City. It is anticipated that the
traffic signal upgrades will increase safety and reduce crashes and injuries at these locations.
If approved, the item will: 1) authorize the Mayor to execute an intergovernmental agreement
("\GA"} for the Project with the Colorado Department of Transportation ("COOT"); 2) appropriate
$606,410 of HSIP grant funds for the Project; 3) appropriate matching funds from the
Transportation Services funds reserves, 4) move previously appropriated matching funds from
the Transportation Services fund for the Project; and 5) appropriate funds to the Art in Public
Places ("APP") program.
Adopted on Second Reading.
9.Second Reading of Ordinance No. 131, 2024, Authorizing the Conveyance of Property
Rights Relating to the Acquisition of Property in the Loveland Community Separator.
This Ordinance, unanimously adopted on First Reading on September 3, 2024, authorizes an
Intergovernmental Agreement (IGA) with Larimer County and the City of Loveland for the Prairie
Ridge Addition. The Project will conserve 142-acres in fee adjacent to Prairie Ridge Natural Area
in the Loveland Community Separator. The Ordinance will authorize the conveyance of a
conservation easement on the property and a farming lease over the Prairie Ridge property.
Adopted on Second Reading.
10.Second Reading of Ordinance No. 132, 2024, Making Supplemental Appropriations and
Authorizing Transfers of Appropriations for the Pedestrian Intersection Improvements
Project and Related Art in Public Places.
This Ordinance, unanimously adopted on First Reading on September 3, 2024, enables the City
to receive and expend federal Highway Safety Improvement Program ("HSIP") funds and local
funds for the Pedestrian Intersection Improvements Project (the "Project''). The funds will be used
to design and install pedestrian improvements at five locations. It is anticipated that these
improvements will improve bicycle and pedestrian safety by reducing crashes.
If approved, the item will: 1) authorize the Mayor to execute an intergovernmental agreement
("\GA") for the Project with the Colorado Department of Transportation ("COOT"); 2) appropriate
$1,250,326 of HSIP grant funds for the Project; 3) move previously appropriated matching funds
from the Community Capital Improvement Program ("CCIP") Bicycle Program and Transportation
Services Fund for the Project; and 4) appropriate funds to the Art in Public Places ("APP")program.
Adopted on Second Reading.
City of Fort Collins Page 6 City Council Proceedings
11.Second Reading of Ordinance No. 133, 2024, Making Supplemental Appropriations andAppropriating Prior Year Reserves and Authorizing Transfers of Appropriations for theMulberry Street Traffic Signal Synchronization Project and Related Art in Public Places.
This Ordinance, unanimously adopted on First Reading on September 3, 2024, enables the City
to receive and expend federal Congestion Mitigation and Air Quality ("CMAQ") Improvement
Program funds and local funds for the Mulberry Street Traffic Signal Synchronization Project (the
"Project"). The funds will be used to gather and evaluate data for existing conditions and install
adaptive signal system equipment at appropriate intersections on East Mulberry Street between
College Avenue and Greenfields Court. It is anticipated that the synchronization of traffic signals
along this corridor will reduce congestion and improve air quality.
If approved, the item will: 1) authorize the Mayor to execute an intergovernmental agreement
("/GA") for the Project with the Colorado Department of Transportation ("COOT"); 2) appropriate
$440,000 of CMAQ grant funds for the Project; 3) appropriate matching funds from the
Transportation Services Funds Reserves for the Project; and 4) appropriate funds to the Art in
Public Places (APP) program.
Adopted on Second Reading.
12.Items Pertaining to the Annual Adjustment Ordinance.
A.First Reading of Ordinance No. 134, 2024, Making Supplemental Appropriations in Various
City Funds.
B.First Reading of Ordinance No. 135, 2024, Appropriating Prior Year Reserves in Various City
Funds.
C.First Reading of Ordinance No. 136, 2024, Authorizing Transfers of Appropriations in Various
City Funds.
D.First Reading of Ordinance No. 137, 2024, Authorizing Transfer of Appropriations for the Fossil
Creek Trail Spur Project.
The purpose of these Annual Adjustment Ordinances is to appropriate additional revenues or
prior year reserves that need to be appropriated before the end of the year to cover related
expenses that were not anticipated, and therefore, not included in the 2024 annual budget
appropriation. The additional revenue is primarily from fees, charges for service, rents,
contributions, donations, and grants that have been paid to City departments to offset specific
expenses.
Adopted on Second Reading.
13.First Reading of Ordinance No. 138, 2024, Appropriating Unanticipated PhilanthropicRevenue Received by City Give for the Parks Department Designated TowardImprovements at Veterans Plaza of NoCo, Spring Canyon Community Park.
The purpose of this item is to request an appropriation of $25,050 in philanthropic revenue
received by City Give to be used for improvements at the Veterans Plaza in Spring Canyon
Community Park.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
Adopted on Second Reading.
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14.Resolution 2024-118 Authorizing an Intergovernmental Agreement Between the AlternativeSentencing Department of Larimer County, Colorado, for use of Alternative Sentencing inMunicipal Court.
The purpose of this item is to authorize an intergovernmental agreement (the "IGA") with the
Alternative Sentencing Department of Larimer County so that prosecutors have the option to use
these programs in plea agreements and municipal judges have the option of sentencing
defendants to work release, mid-week, and weekender programs.
Adopted on Second Reading.
END OF CONSENT CALENDAR
Mayor Pro Tem Francis moved, seconded by Councilmember Pignataro, to approve the
recommended actions on items 1-14 on the Consent Calendar.
The motion carried, 7-0.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councllmembers Gutowsky, Ohlson, Pignataro,
Potyondy, and Canonico.
K)CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Counci/members to comment on
items adopted or approved on the Consent Calendar.)
None.
L)STAFF REPORTS
None.
M)COUNCILMEMBER REPORTS
None.
Clerk's Note: Mayor Arndt called for a break at 7:05 p.m. The meeting resumed at 7:21 p.m.
N)CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUALDISCUSSION
None.
0)CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
15.Public Hearing #1 on the 2025-26 Recommended Budget for the City of Fort Collins.
This was the first public hearing on the City Manager's 2025-26 Recomm ended Budget for the
City of Fort Collins. The purpose of this public hearing was to gather public input on the 2025-26
budget. To receive further public input, a second public hearing is scheduled for Council's
Tuesday, October 1, 2024, regular meeting at 6:00 p.m. in Council Chambers with the option for
remote participation through the online Zoom meeting platform. Both hearings were set by
Council adoption of Resolution 2024-116 at its September 3, 2024, meeting. The City Manager's
2025-26 Recommended Budget can be reviewed at the City Clerk's Office by appointment only
and online at fcgov.comlbudget.
PUBLIC COMMENT
None.
City of Fort Collins Pages City Council Proceedings
City Manager DiMartino noted that there will be another public hearing on October pt with first
reading of the budget scheduled for November 4th , which is a Monday due to the election, and
second reading on November 19th .
COUNCIL DISCUSSION
None.
16.Resolution 2024-119 Approving the Second Amended and Restated Intergovernmental
Agreement Establishing the Poudre Fire Authority.
The purpose of this item was to seek approval of an amended and restated Intergovernmental
Agreement ("/GA'? establishing the Poudre Fire Authority (the "Authority") between the City of
Fort Collins (the "City') and the Poudre Valley Fire Protection District (the 'Vistrict'J. This includes
the Funding Formula and Revenue Allocation Formula, and Support Services provided by the City
to the Authority and by the Authority to the City.
Dave Lenz, Director of Financial Planning and Analysis, outlined the history of the agreement
between the City and Poudre Fire Authority and stated this update has focused on the agreement,
the support services provided under the agreement by each entity, and the revenue allocation
formula. Lenz noted this new agreement would also provide for an administrator from each entity
who would be able to adjust the support services provided. Lenz provided additional details
around the amended agreement and noted the new language also includes adjustments for
annexations to ensure the Authority is not financially harmed from those inclusions to the city
limits.
PUBLIC COMMENT
None.
COUNCIL QUESTIONS
Councilmember Ohlson expressed support for the examination of the fairness issue related to
which entity funds what and asked if there is a similar agreement with the Library District to ensure
the City covers its costs. Travis Starin, Chief Financial Officer, replied in the affirmative and stated
it is more of an allocated, volume-based approach.
Councilmember Ohlson asked if the City assists the Library District with human resources. Starin
replied in the affirmative and noted IT services are shared between the City, Library District, and
PFA.
Councilmember Ohlson asked if the City recovers its cost from the Library District for the human
resources assistance. Starin replied in the affirmative.
Councilmember Ohlson asked about the City contribution being reduced by the net cost of
services provided. Starin outlined the rationale behind the approach and stated the formula is
correct to cover the City's costs today.
Councilmember Ohlson suggested it may be time to redo the formula and asked if that would be
considered. Starin replied discussions have occurred regarding how both organizations may go
about that and stated staff would look to Council and the PFA Board to provide direction on
embarking on a benchmarking study for the cost of service.
Councilmember Ohlson noted PFA gets some subsidies from the City and questioned why the
Natural Areas Program gets charged for items that are subsidized for organizations that are not
directly part of the City. He stated all cost recovery levels should be the same.
City of Fort Collins Page 9 City Council Proceedings
Mayor Pro Tern Francis asked if the $435,888 number is the cost of services provided to PFA by
the City. Lenz replied in the affirmative.
Mayor Pro Tern Francis requested clarification on the two different methodologies used between
slides 13 and 15. Lenz explained the methodology and stated the goal is to memorialize what
has been considered to be a fair share throughout the years while addressing things that have
changed and allowing for the number to expand or contract depending on future circumstances.
Mayor Pro Tern Francis stated she feels very comfortable with this agreement and thanked staff
from both organizations for doing this work.
Councilmember Ohlson asked that it be highlighted that the money is being added back in to the
City's contribution and stated the City is not contributing $435,888 less than had been done
before. Lenz noted that the underlying principle for doing this is that the assessment has shown
that the formula is fair. Starin provided additional clarification.
Mayor Arndt stated this body of work represents a lot of thought and stated she appreciated
everyone's efforts.
Mayor Pro Tem Francis moved, seconded by Councilmember Gutowsky, to adopt
Resolution 2024-119 Approving the Second Amended and Restated Intergovernmental
Agreement Establishing the Poudre Fire Authority.
The motion carried, 6-1.
Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmembers Gutowsky, Pignataro,
Potyondy, and Canonico.
Nays: Councilmember Ohlson.
P)OTHER BUSINESS
OB 1. Possible consideration of the initiation of new ordinances and/or resolutions by
Council members.
(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.)
None.
Q)ADJOURNMENT
There being no further business before the Council, the meeting was adjourne
ATTEST:
City of Fort Collins Page 10 City Council Proceedings