HomeMy WebLinkAboutMINUTES-06/07/2022-RegularJune 7, 2022
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council -Manager Form of Government
Regular Meeting — 6:00 PM
• ROLL CALL
PRESENT: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
STAFF: DiMartino, Daggett, Hollingshead
• AGENDA REVIEW: CITY MANAGER
Spanish interpretation options for the meeting were outlined and the video outlining public
participation options was played.
Interim City Manager DiMartino stated Council will be considering two different Executive
Sessions after consideration of the Consent Agenda, during which the public broadcast will be
paused. The broadcast will resume during the Other Business portion of the meeting.
• PUBLIC COMMENT ON ANY TOPIC OR ITEMS
Sandy Lemburg opposed the use of Executive Sessions by Council to conduct business and
suggested Council take a break to consider transition to a strong Mayor and Council governing
system.
Beth DeHaven, Moms Demand Action, requested Fort Collins take action on gun control as is
occurring in other Colorado communities.
Ginny Mack supported local action on gun control stating gun violence is a public health crisis.
Sara Tarr stated she was a victim of workplace gun violence and supported local action on gun
control.
Gena Magill discussed suicide -related gun violence and supported local action on gun control.
Linda Blake questioned Council's beliefs regarding whether 18-year-olds should be able to
purchase semi -automatic weapons and stated she expects local action on gun control.
Deborah Snyder requested information on how to register a complaint about speeding on Highway
287 northwest of Highway 1.
Dorna Khamsi expressed frustration with the speed of gun reform and supported local action on
gun control to ban assault rifles and high -capacity magazines.
Samantha Fowler discussed her experience in conducting active shooter drills with
kindergarteners. She supported local action on gun control.
Beth Goodwin, Democratic Socialists of America, supported appropriate local action on gun
control that will not disproportionately criminalize marginalized people.
Scott Marshall suggested showing photos of the victims of gun violence may be helpful in
encouraging gun control measures to move forward. He supported local action on gun control.
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Abby Wails, Moms Demand Action, discussed the fear experienced by the current generation of
children and supported local action on gun control.
Sally Lee shared her experience as a victim of gun violence and requested the City consider the
formation of a memorial park for COVID victims for a place of peaceful reflection. She also
suggested individuals could have the ability to buy a tree in someone's honor.
Hermi LaPoint requested the City consider the formation of an outdoor place of remembrance or
a memorial park related to the pandemic.
Reverend Kimberly Salico Diehl spoke as a pastor in support of the formation of a place of
remembrance or a memorial park.
Charlie Meserlian expressed concern about the planned location of a homeless shelter on North
College.
• PUBLIC COMMENT FOLLOW-UP
Mayor Pro Tem Francis requested an update regarding the formation of a memorial park. Interim
City Manager DiMartino replied some ideas and options for future consideration are in the mix;
however, there is currently no firm path forward. She stated interested individuals should contact
Nina Bodenhamer, the City Give Director, or email city leaders.
Mayor Pro Tem Francis stated the Leadership Planning Team has discussed hosting a no questions
asked gun buy-back program and requested staff provide a memo regarding local gun control
measures around the state and outlining possible next steps.
Councilmember Canonico thanked the individuals who spoke during public comment and stated
she looks forward to seeing a staff memo on the issue.
Councilmember Gutowsky commented on trading thoughts and prayers for policy and change and
she urged individuals to use their vote to reflect their values. She supported the idea of the creation
of a memorial or reflection park.
Councilmember Peel commented on growing up near Uvalde, Texas. She stated she believes the
Second Amendment does provide the right to bear arms; however, with any right comes
responsibility. She stated trust in the government needs to be restored and common sense, non -
reactive and non -controlling legislation should be crafted, beginning with mental health. She
stated the desensitizing of children, beginning with media, movies, and video games should be
addressed.
Mayor Arndt thanked the speakers and supported the idea of the creation of a memorial or
reflection park. She thanked Moms Demand Action for their work at the state level.
• CONSENT CALENDAR
Mayor Pro Tem Francis made a motion, seconded by Councilmember Gutowsky, to adopt and
approve all items on the Consent Agenda.
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RESULT:
MOVER:
SECONDER:
AYES:
CONSENT CALENDAR ADOPTED [UNANIMOUS]
Emily Francis, District 6
Susan Gutowsky, District 1
Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
1. Consideration and Approval of the Minutes of the Mav 3. 2022 and Mav 17. 2022 Regular
Meetinas. (Approved)
The purpose of this item is to approve the minutes of the May 3, 2022 and the May 17, 2022 Regular
meetings.
2. Second Reading of Ordinance No. 058. 2022. Appropriating Prior Year Reserves in the Light S
Power Fund for Purchase of Distribution and Substation Transformers. (Adopted on Second
Reading)
This Ordinance, unanimously adopted on First Reading on May 17, 2022, brings forward an off -cycle
supplemental appropriation of Light & Power reserves to fund a capital project consisting of the
purchase of distribution and substation transformers. Information from transformer vendors indicates
that prices and lead times are rising significantly, due to supply chain and inflationary challenges. With
respect to distribution transformers, it will be necessary to either scale back the number of distribution
transformers the City planned to purchase this year or request an additional appropriation to permit
purchase of the expected number of transformers necessary to accommodate new customers and
prudent asset replacement. A reduction in the number of transformers purchased could negatively
impact new development and system reliability. The proposed supplemental appropriation includes
$1,432,000 to allow more distribution transformers to be ordered in 2022 so that sufficient stock can
be delivered as soon as available, likely in late 2023 at the earliest.
In addition, a new substation will be necessary to adequately serve the northeast areas of the City as
those areas develop. The proposed supplemental appropriation also includes $2,234,000 for the two
substation transformers needed to serve this load growth. Again, this supplemental appropriation is
recommended to avoid waiting to place these orders when additional funds would otherwise become
available in early 2023 and should allow these transformers to be delivered within the next three years
given current lead-times. The total supplemental appropriation being proposed for Council
consideration is for $3,666,000.
Council Finance Committee minutes that were not available for First Reading have been included.
3. Second Reading of Ordinance No. 059. 2022. Appropriating Philanthropic Revenue Received
Through Citv Give for The Gardens on Sprina Creek_ (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on May 17, 2022, appropriates $55,000 in
philanthropic revenue in the Cultural Services Fund for The Gardens on Spring Creek to support
operations as designated by the donor and community partner, The Friends of the Gardens on Spring
Creek.
4. Items Relating to the 2021 International Fire Code. (Adopted on Second Reading)
A. Second Reading of Ordinance No. 060, 2022, Amending Chapter 9 of the Code of the City of
Fort Collins for the Purpose of Repealing the 2018 International Fire Code and Adopting the
2021 International Fire Code, with Amendments.
B. Second Reading of Ordinance No. 064, 2022, Making Changes to Fort Collins City Code
Section 2-173 Related to the Adoption of the 2021 International Fire Code, with Amendments.
These Ordinances, unanimously adopted on First Reading on May 17, 2022, repeals the 2018
International Fire Code and adopt the 2021 International Fire Code ("IFC"), with local amendments.
The International Code Council ("ICC") publishes updated codes every three years. The Poudre Fire
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Authority Board of Directors has reviewed and approved this code package and is requesting the code
be adopted as amended.
The 2021 IFC proposed for adoption provides that appeals of decisions by the fire code official (Fire
Chief, or by delegation, Fire Marshall) shall be heard by the Fort Collins Building Review Commission
acting as the Fire Board of Appeals, as did the 2018 Fire Code. Ordinance No. 064, 2022 makes a
related change to City Code Section 2-173 to reflect the Commission's responsibility to serve as the
Fire Board of Appeals as set forth in the 2021 IFC.
5 Second Reading of Ordinance No. 061. 2022. To Increase from Five to Seven the Number of
Directors on the Board of Directors of the Fort Collins Tourism Improvement District and to
Make an Appointment to One of the New Director Positions. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on May 17, 2022, amends the ordinance
Council adopted in August 2021 to establish the Fort Collins Tourism Improvement District (District).
The proposed Ordinance expands the District's Board of Directors (Board) from five to seven directors,
and it would appoint the director for one of the newly created positions. The Board seeks broader
representation from the District. The Board's expansion would allow two at -large electors to serve on
the Board. The Board has nominated Abbie Stout, owner of the Edwards House, to fill one of these
new positions. The other position will remain vacant until the Board finds an eligible elector who is
willing and able to serve on the Board.
6. Second Reading of Ordinance No. 062. 2022. Authorizing and Approving the Execution and
Delivery by the City of One or More Amendments to 2019 Trust Indenture. Leases and Other
Related Documents for the Issuance of 2022 Certificates of Participation for the Financing of
Certain City Proiects. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on May 17, 2022, authorizes the amendment
of certain 2019 lease documents and approval of other related documents for the issuance of
certificates of participation (COPs), the funds from which will be used for the acquisition of the Hughes
Stadium land, construction of the Southridge golf course irrigation system improvements, construction
of the Fleet shop expansion, and such additional projects as Council may approve by resolution.
7 Second Reading of Ordinance No. 063. 2022. Making Supplemental Appropriations from a
Portion of the City's American Rescue Plan Act (ARPA) Funding for Local Fiscal Recovery
Related to the COVID-19 Pandemic. (Adopted on Second Reading)
This Ordinance, unanimously adopted on First Reading on May 17, 2022, authorizes a mid -cycle
appropriation of $4.1 M of the Organization's remaining $19.9M of American Rescue Plan Act (ARPA)
Funds to support pandemic recovery efforts. These projects were reviewed and selected by the
Recovery Executive Lead Team because they address immediate needs for both community and
enterprise recovery. These projects align with the City's Recovery Plan and have also been reviewed
by Council Finance Committee.
8. First Reading of Ordinance No. 065. 2022, Making a Supplemental Appropriation of Fiscal
Recovery Funds from Larimer County to the Cultural Services and Facilities Fund for Paid
Interns. (Adopted on First Reading)
The purpose of this item is to appropriate unanticipated grant revenue in the Cultural Services and
Facilities Fund for paid internships at the Gardens on Spring Creek, Neighborhood Services
Department and Volunteer Services Division. This appropriation includes $149,559 of grant revenues
awarded on April 1, 2022, by the Larimer County Economic and Workforce Development Department.
The Workforce Innovation Grant's funding source is the federal American Rescue Plan Act and will be
available until December 31, 2024.
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9. First Reading of Ordinance No. 066, 2022, Appropriating Prior Year Reserves and Authorizing
Transfers of Appropriations for the 215 North Mason Street Renovation for Municipal Court
and the City Attornev's Office and Related Art in Public Places. (Adopted on First Reading)
The purpose of this item is to request $700,000 in appropriations from General Fund Reserves to
address urgent renovation needs on the first floor at 215 North Mason Street. Municipal Court and the
City Attorney's Office are jointly requesting this appropriation.
10. First Reading of Ordinance No. 067.2022, Making Supplemental Appropriation and Authorizing
Transfers from the General Fund of the State Historical Fund Grant to Produce a Historic
Context Report of Civil Rights in Fort Collins. (Adopted on First Reading)
The purpose of this item is to appropriate $86,600 in grant funding received from the State Historical
Fund, awarded by History Colorado on March 7, 2022, and $7,530 in required matching funds from
the 2022 Historic Preservation Division survey grants budget to produce a history of civil rights in Fort
Collins, a preliminary list of associated, significant properties for planning purposes, and a prioritized
list of related future projects.
11. Items Relating to the Appropriation of Federal Funds in the Community Development Block
Grant (CDBG) and Home Investment Partnerships (HOME) Program Funds. (Adopted on First
Reading)
A. First Reading of Ordinance No. 068, 2022, Making Supplemental Appropriations in the
Community Development Block Grant Fund.
B. First Reading of Ordinance No. 069, 2022, Making Supplemental Appropriations in the HOME
Investment Partnerships Grant Fund.
The purpose of this item is to appropriate the City's FY2022 Community Development Block Grant
(CDBG) Entitlement Grant and FY2022 Home Investment Partnerships Program (HOME) Participating
Jurisdiction Grant from the Department of Housing and Urban Development (HUD), and CDBG
program income from FY2020 & FY2021 and HOME Program Income from FY2020 & FY2021.
12. First Reading of Ordinance No. 070. 2022. Repealing Sections 23-90 to 23-95 and Amending
Section 24-1 of the Code of the City of Fort Collins Regarding Neighborhood Entry Signs.
(Adopted on First Reading)
The purpose of this item is to delete City Code redundancy. The City's Sign Code was adopted in 2017
as part of the Land Use Code. This makes City Code Sections 23-90 to 23-95 and 24-1(4)-(5)
unnecessary.
13. Resolution 2022-058 Declaring the Official intent of the City to Reimburse the Applicable City
Funds for Expenditures Relating to Funding the City's Capital Projects Identified in Ordinance
No. 062. 2022. Through the Issuance of Certificates of Participation. (Adopted)
The purpose of this item is to declare the City's official intent to reimbursed the applicable City fund
with the proceeds from the issuance of the certificates of participation (Certificates of Participation)
approved by City Council in Ordinance No. 062, 2022, for the City expenditures made before the
issuance of the Certificates of Participation to fund (a) the acquisition of the real property on which the
Hughes Stadium previously existed, (b) the acquisition and installation of certain irrigation
improvements for the Southridge Golf Course, (c) the construction and installation of a fleet
maintenance facility at 800 Wood Street. and (d) such additional projects that benefit the City and are
approved by resolution of the City Council (Projects),
14. Resolution 2022-059 Expressing the City Council's Continuing Support for the Fort Collins
LGBTQ+ Community with a Display of Rainbow Lights at City Hall. (Adopted)
The purpose of this item is to express Council's continuing support for the Fort Collins LGBTQ+
community with a display of rainbow lights at City Hall during the month of June, which is Pride month.
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• COUNCILMEMBER REPORTS
Councilmember Gutowsky reported on attending the Police Academy and Poudre Fire Authority
graduation ceremonies, a tour of the CSU Spur facility in Denver, and tours of the existing and
new landfill sites. She also reported on the recent Behavioral Health Policy Council meeting. She
requested an update on the recent international conference attended by two Councilmembers.
Councilmember Canonico replied a presentation will be shared at Monday's Futures Committee
meeting on the topic of 15-minute communities.
• OTHER BUSINESS
A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers.
Councilmember Peel requested and received Council support to allow the URA Board to consider
the South College corridor for a blight study. Interim City Manager DiMartino clarified Council
would need to take initiating action for a blight study.
Councilmember Peel requested Council support to direct staff to draft an ordinance creating a
temporary advisory board for Connexion. Interim City Manager DiMartino stated that item was to
be discussed as part of a November work session on Connexion. Mayor Pro Tem Francis suggested
staff prepare a memo on such an advisory board with possible recruitment during the next cycle of
Boards and Commissions recruitment.
Mayor Pro Tem Francis requested staff provide options related to a possible gun buyback program.
Interim City Manager DiMartino replied Police Services will be completing some brief research
and will bring forth options soon.
B Consideration of a motion to go into Executive Session for Mid -Year Reviews of Chief Judge. City
Attorney and Interim City Manager.
Mayor Pro Tem Francis made a motion, seconded by Councilmember Pignataro, 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 Interim City Manager.
RESULT: MOTION ADOPTED [UNANIMOUS]
MOVER: Emily Francis, District 6
SECONDER: Julie Pignataro, District 2
AYES: Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
C. Consideration of a motion to go into Executive Session to discuss next steps related to the City Manager
recruitment:
Mayor Pro Tem Francis made a motion, seconded by Councilmember Canonico, that the City
Council go into executive session to discuss the remaining candidate for the city manager position,
pursuant to:
• 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).
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I RESULT:
MOVER:
SECONDER:
AYES:
1
MOTION ADOPTED [UNANIMOUS]
Emily Francis, District 6
Tricia Canonico, District 3
Pignataro, Francis, Arndt, Canonico, Peel, Ohlson, Gutowsky
D. Resolution 2022-038 Selecting a City Manager Finalist and Designating Two Counciimembers
to Work with the Recruitment Team to Develop Proposed Terms and Conditions of a City
Manager Employment Agreement for Council Consideration. (Adopted)
The purpose of this item is to name the selected finalist for City Manager and authorize two members
of the Council to discuss with the recruiter hired to support the recruitment process, City staff and/or
the person named to develop the terms and conditions of employment for the City Manager position.
If Council is not prepared to move forward to name a selected finalist or would like to direct staff to take
specific actions in furtherance of the recruitment and selection of a new City Manager, Council may
wish to give that direction by motion in lieu of approving the Resolution.
Councilmember Ohlson made a motion, seconded by Councilmember Pignataro, to place the name
of Kelly DiMartino as the sole candidate for the City Manager position contingent on successful
contract negotiations. By unanimous consent, the motion was amended to include the adoption of
Resolution 2022-038 and naming Mayor Arndt and Mayor Pro Tem Francis to constitute the
negotiating team.
Mayor Pro Tem Francis commended the work of DiMartino in her interim role.
Mayor Arndt stated she is thrilled to support the Resolution and is optimistic about the future of
the City organization under DiMartino's leadership.
Councilmember Canonico stated Council's sole interest during the City Manager recruitment
process was ensuring it made the right decision for Fort Collins, and naming DiMartino as City
Manager is in the best interest of the city.
RESULT:
MOVER:
SECONDER:
AYES:
RESOLUTION 2022-038 ADOPTED [UNANIMOUS]
Kelly Ohlson, District 5
Julie Pignataro, District 2
Pignataro, Francis, Amdt, Canonico, Peel, Ohlson, Gutowsky
• ADJOURNMENT
The meeting adjourned at 10:02 PM.
ATTEST:
j(ligetst_- de /Oita
City Clerk,
City of Fort Collins
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