HomeMy WebLinkAboutACTION SUMMARY-08/15/2023-RegularCity of Fort Collins Page 1 of 10 City Council Summary Agenda
City Council
Regular Meeting Agenda
August 15, 2023 at 6:00 PM
Jeni Arndt, Mayor
Emily Francis, District 6, Mayor Pro Tem
Susan Gutowsky, District 1
Julie Pignataro, District 2
Tricia Canonico, District 3
Shirley Peel, District 4
Kelly Ohlson, District 5
City Council Chambers
300 Laporte Avenue, Fort Collins
& via Zoom at
https://zoom.us/j/98241416497
Cablecast on FCTV
Channel 14 on Connexion
Channel 14 and 881 on Xfinity
Carrie Daggett Kelly DiMartino Anissa Hollingshead
City Attorney City Manager City Clerk
The purpose of the action agenda is to provide a brief overview of the actions taken by the City
Council to be available shortly after a Council meeting.
Council Proceedings are the complete official record of the meeting and are prepared for
approval by the Council generally at its next meeting. They are published following their approval
as the minutes of the meeting.
PROCLAMATIONS & PRESENTATIONS
5:00 PM
A) PROCLAMATIONS AND PRESENTATIONS
No proclamations scheduled.
REGULAR MEETING
6:00 PM
B) CALL MEETING TO ORDER
C) PLEDGE OF ALLEGIANCE
D) ROLL CALL
7-0 All present.
E) CITY MANAGER'S AGENDA REVIEW
• City Manager Review of Agenda
• Consent Calendar Review, including removal of items from Consent Calendar for individual
discussion.
F) COMMUNITY REPORTS - None.
G) PUBLIC COMMENT ON ANY TOPICS OR ITEMS OR COMMUNITY EVENTS
(Including requests for removal of items from Consent Calendar for individual discussion.)
H) PUBLIC COMMENT FOLLOW-UP
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I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
CONSENT CALENDAR
The Consent Calendar is intended to allow Council to spend its time and energy on the important
items on a lengthy agenda. Staff recommend approval of the Consent Calendar. Agenda items pulled
from the Consent Calendar by either Council or the City Manager will be considered separately under
their own Section, titled “Consideration of Items Removed from Consent Calendar for Individual
Discussion.” Items remaining on the Consent Calendar will be approved by Council with one vote. The
Consent Calendar consists of:
• Ordinances on First Reading that are routine;
• Ordinances on Second Reading that are routine;
• Those of no perceived controversy;
• Routine administrative actions.
1. 1. Consideration and Approval of the Minutes of the July 18, 2023 Regular Meeting.
The purpose of this item is to approve the minutes of the July 18, 2023 regular meeting.
Adopted.
2. Second Reading of Ordinance No. 093, 2023, Appropriating Prior Year Reserves and
Unanticipated Revenue from Philanthropic Donations Received Through City Give for
Various Programs and Services as Designated by the Donors.
This Ordinance, unanimously adopted on First Reading on July 18, 2023, requests an
appropriation of $56,974 in philanthropic revenue received through City Give in 2022 and 2023.
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 as per 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.
3. Second Reading of Ordinance No. 094, 2023, Appropriating Philanthropic Revenue in the
General Fund Through City Give for Neighborhood Services for Community Workshops
and the Creation and Distribution of a Neighborhood Business Guide.
This Ordinance, unanimously adopted on First Reading on July 18, 2023, appropriates $20,000
in philanthropic revenue for Neighborhood Services within the Community Development and
Neighborhood Services Department of the Planning and Transportation services area.
Neighborhood Services has been awarded a gift of $20,000 through the 2023 American
Association of Retired Persons (AARP) Community Challenge with the designated intent to
support healthy outcomes for residents’ homes and personal wellbeing through three one-day
Homeowner Workshops, each at a different mobile home community in the City, including Skyline,
North College, and Hickory Village. The gift funds also will be used to create and distribute a
neighborhood business guide to residents.
Adopted on Second Reading.
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4. Second Reading of Ordinance No. 095, 2023, Authorizing Expenditure of American Rescue
Plan Act Funds for Affordable Housing Fee Credits as Specified.
This Ordinance, unanimously adopted on First Reading on July 18, 2023, appropriates American
Rescue Plan Act (ARPA) funding for 5 units targeting forty percent (40%) Area Median Income
(AMI) households at the Heartside Hill development. Council already appropriated $350,000 of
ARPA funding for affordable housing fee credits, and this funding must be fully committed by
2024. Affordable housing fee credits have been approved administratively for 20 units serving
households at thirty percent (30%) AMI or below, including 8 units at Heartside Hill. There are no
additional thirty percent (30%) AMI units expected before the ARPA deadline to commit funds in
2024. Though fee credits for units up to sixty-five percent (65%) AMI are a presumptive eligible
use of ARPA funds, the City’s fee credit policy as codified in City Code Article VIII, Section 7.5
requires Council approval for fee credits for any units serving income ranges above thirty percent
(30%) AMI. This Council action would ensure that the remaining appropr iated funds are used for
their intended purpose as affordable housing fee credits.
Adopted on Second Reading.
5. Second Reading of Ordinance No. 096, 2023, Appropriating Prior Year Reserves and
Authorizing Transfers of Appropriations in Multiple Utility Funds for the Purchase of
Vendor Services to Support the Replacement of the City’s Utilities Billing System.
This Ordinance, unanimously adopted on First Reading on July 18, 2023, appropriates available
reserves from the Light and Power, Water, Wastewater and Stormwater Enterprise Funds to
implement a modern Utility Customer Information System – Customer Self Service Portal (CIS-
CX) Solution. This appropriation request is the second, and final, request related to the new CIS-
CX.
In March 2023, Ordinance No. 036, 2023, appropriated $4,250,000 to begin the process of
temporarily increasing staffing for the implementation while contract review and negotiations were
being finalized. The City has now identified the Vendor of Choice, reviewed the functional
requirements in detail with that vendor and negotiated terms of the contract sufficient to determine
the amount of investment needed to successfully deploy a new CIS-CX. This appropriation
request of $9,700,000 will provide the additional funding needed for all costs associated directly
with the software deployment, software testing, training, and the organizational change
management (OCM) associated with moving onto a modern CIS-CX. With this appropriation, the
CIS-CX implementation will begin in October of this year and be fully operational by the end of
2025.
The total amount being requested for appropriation here is $9,700,000 and is broken out as
follows:
Software as Service Implementation $3,250,000; Software Licensing through Implementation
$2,400,000; Organizational Change Management (OCM) $1,500,000; Testing Protocol
Development and Management $900,000; Training Development and Initial Training $900,000;
and Business Process Analysis and Alignment $750,000.
Adopted on Second Reading.
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6. Items Relating to Parking of Shared Mobility Devices and Electric Scooters.
A. Second Reading of Ordinance No. 097, 2023, Amending Sections 2002, 2106 and 2108 of the
Fort Collins Traffic Code to Address the Parking of Shared Mobility Devices and Electric Scooters.
B. Second Reading of Ordinance No. 098, 2023, Repealing Chapter 24, Article VI, Parking of
Shared Mobility Devices, of the Code of the City.
These Ordinances, unanimously adopted on First Reading on July 18, 2023, amend the Fort
Collins Traffic Code to add shared mobility devices and electric scooters regulations for parking
of bicycles and electric bicycles, and repeal two sections of the City Code that separately relate
only to parking of shared mobility devices and electric scooters.
Both Ordinances Adopted on Second Reading.
7. Items Relating to The Landing at Lemay Two Plan Amendment to the City Structure Plan
Map and Rezoning.
A. Second Reading of Ordinance No. 099, 2023, Amending the City’s Structure Plan Map.
B. Second Reading of Ordinance No. 100, 2023, Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for that Certain Property Known as The Landing at
Lemay Two Rezoning.
These Ordinances, unanimously adopted on First Reading on July 18, 2023, amend the City
Structure Plan Map to change the land use designation of approximately nine acres of land east
of the Lemay Avenue overpass over Vine Drive from the Industrial Place Type to the Mixed
Neighborhood Place Type and rezone the property from the Industrial (I) District to the Medium
Density Mixed Use Neighborhood (MMN) District. The site is a remnant area of Industrial zoning
resulting from the first Landing at Lemay Rezone which was approved in February 2023.
The rezoning request is subject to criteria in Section 2.9.4 of the Land Use Code. The rezoning
may be approved, approved with conditions, or denied by Council after receiving a
recommendation from the Planning and Zoning Commission, which voted 7-0 on their consent
agenda to recommend approval of the request at their May 2023 hearing.
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be
considered in accordance with Section 2(d) of the Council’s Rules of Meeting Procedures adopted
in Resolution 2022-068.
Both Ordinances Adopted on Second Reading.
8. Second Reading of Ordinance No. 101, 2023, Designating the Emma Malaby Grocery
Property, 313 North Meldrum Street, Fort Collins, Colorado, as a Fort Collins Landmark
Pursuant to Chapter 14 of the Code of the City of Fort Collins.
This Ordinance, unanimously adopted on First Reading on July 18, 2023, requests City Landmark
designation for the Emma Malaby Grocery Property at 313 North Meldrum Street. In response to
an application from the property owner, Historic Larimer County, City staff and the Historic
Preservation Commission have determined the property to be eligible for designation under City
Code Section 14-22, Standards 1 – Events, 2 – Persons/Groups, 3 – Design/Construction, and 4
– Information Potential. The owner is requesting designation to ensure protection of the property's
buildings and features and to gain access to financial incentives for historic property owners.
Adopted on Second Reading.
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9. Second Reading of Ordinance No. 102, 2023, Submitting to a Vote of the Registered
Electors of the City of Fort Collins Proposed Amendments to Sections 2 and 5 of Article X
of the City Charter Relating to Referendum and Petition Requirements.
This Ordinance, unanimously adopted on First Reading on July 18, 2023, sets ballot language
regarding proposed amendments to Sections 2 and 5 of Article X of the City Charter relating to
referendum and petition requirements.
Following work with the Election Code Committee and through a Work Session on May 9, 2023,
Council directed staff to bring forward a potential ballot option to amend the City Charter to
reconcile contradictions in the referendum process.
Adopted on Second Reading.
10. Second Reading of Ordinance No. 103, 2023, Submitting to a Vote of the Registered
Electors of the City of Fort Collins Proposed Amendments to Articles II and IV of the City
Charter Concerning the Requirement that Certain Employees Live in or Near Fort Collins.
This Ordinance, unanimously adopted on First Reading on July 18, 2023, sets ballot language
regarding the requirement that certain employees live in or near Fort Collins.
Based on feedback from Councilmembers at the May 9, 2023, staff brings forward a potential
ballot option to amend the City Charter to remove requirements that certain employment position
types live in or near Fort Collins, allowing Council to establish any residency requirements by
ordinance or by employment agreement for employees reporting directly to Council. Currently, a
vote of the registered electorate is required to amend the Charter language that specifies City
positions that must live in or near Fort Collins.
Adopted on Second Reading.
11. First Reading of Ordinance No. 104, 2023, Appropriating Unanticipated Revenue from Bond
Proceeds from the Issuance of the Series 2023 Electric Utility Enterprise Revenue Bonds
for Light and Power, Connexion, and the Art in Public Places Program.
The purpose of this item is to appropriate the funds received from the bond issuance in the Light
and Power Fund. These proceeds will be used to fund capital projects needing to occur for both
Light and Power and Connexion, as well as for operating funds for Connexion, to pay issuance
costs for the Series 2023 Revenue Bonds, and to transfer certain funds required by the Art in
Public Places Program (APP Program) for the capital projects.
Adopted on First Reading.
12. First Reading of Ordinance No. 105, 2023, Appropriating Prior Year Reserves in the General
Fund to Continue the Encampment Site Cleanup Pilot Program.
The purpose of this item is to appropriate $200,000 in additional funds to continue the site cleanup
pilot program. In Fall 2022, staff identified a backlog of site cleanups throughout the City and
determined that cleanups needed to shift from twice a month to once per week. This was
implemented towards the end of January 2023 with the recognition that additional funds would be
needed if this pilot program achieved desired results.
Adopted on First Reading.
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13. First Reading of Ordinance No. 106, 2023, Making Supplemental Appropriations from the
2023 Colorado Opioid Settlement Funds for Use by the Municipal Court.
The purpose of this item is to appropriate $75,000 of the City’s share of 2023 funds from the
Colorado Opioid Settlement to be used in the remainder of 2023 to work towards establishing a
municipal drug court program for persons with opioid use disorder and co-occurring substance
use or mental health issues. This is a permitted use for these funds under the Colorado Opioid
Settlement Memorandum of Understanding (“MOU”) between the City and the State of Colorado.
Adopted on First Reading.
14. First Reading of Ordinance No. 107, 2023, Appropriating Prior Year Reserves Designated
for Fire Protection Services in the Fire Protection Capital Expansion Fee Account within
the Capital Expansion Fee Fund for Payment to the Poudre Fire Authority to be Used by it
for a New Headquarters Building.
The purpose of this item is to appropriate funds from the reserves in the Fire Protection Capital
Expansion Fee Account within the City’s Capital Expansion Fee Fund (“CEF Fund”) and payment
of those funds to the Poudre Fire Authority (“PFA”) for its purchase of a new Headquarters
Building.
Adopted on First Reading.
15. First Reading of Ordinance No. 108, 2023, Appropriating Prior Year Reserves in the General
Fund for the Purchase of Police Radios.
The purpose of this item is to request an appropriation in the amount of $620,000 for the purchase
of police handheld radios and approve the use of prior year reserves in the General Fund. There
are currently 242 total handheld radios with 130 replaced in 2022. This leaves the remaining 112
radios needing to be replaced.
Adopted on First Reading.
16. First Reading of Ordinance No. 109, 2023, Making a Supplemental Appropriation from the
Colorado Division of Criminal Justice of Unanticipated Grant Revenue for Various
Restorative Justice Services Programs.
The purpose of this item is to appropriate grant revenue to fund Restorative Justice Services
within Community Development and Neighborhood Services. A grant in the amount of $57,356
has been awarded from the Colorado Division of Criminal Justice (DCJ) Juvenile Diversion Fund
for the continued operation of Restorative Justice Services, which includes the RESTORE
program for shoplifting offenses, and the Restorative Justice Conferencing Program (RJCP) and
Reflect Program for all other offenses. No match is required and the grant period is July 1, 2023,
to June 30, 2024.
Adopted on First Reading.
17. Resolution 2023-070 Approving Expenditures from the Art in Public Places Light & Power,
Wastewater, Stormwater and Water Utility Accounts to Commission an Artist to Create Art
for the City’s Utilities.
The purpose of this item is to approve expenditures from the Art in Public Places (APP) Light &
Power, Wastewater, Stormwater and Water Utility Accounts to commission an artist to create art
for the City’s Inaugural Utilities Artist-in-Residence Project. The expenditures of $50,000 will be
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for design development, materials, fabrication, delivery, mural installation, signage, additional
illustration work, and contingency for Allie Ogg to create the artworks for the Artist in Residence
Project.
Adopted.
18. Resolution 2023-071 Approving an Exception to the Competitive Purchasing Process for
the Purpose of Renewing the Contract with Nokia of America for Broadband Equipment,
Software, Firmware, and Support Services.
The current Supply and Services Agreement between the City of Fort Collins and Nokia of
America Corporation (Nokia) for equipment, software, and firmware necessary to operate Fort
Collins Connexion (Connexion) services expires in August 2023.
Connexion’s network is built with hardware and software originally provided by Nokia and is an
integral part of Connexion’s high level of service. Although there may be other viable partners to
provide similar hardware, software, and services, transiting from the current Nokia solution would
be a multi-year resource intensive project that would be very disruptive to Connexion customers.
Based on the alignment of Nokia’s goods and services with the operating requirements of
Connexion, the Purchasing Agent has recommended an exception to the City’s competitive
purchasing process to continue the relationship with Nokia under a new agreement for up to five
additional years.
Adopted.
19. Resolution 2023-072 Authorizing the Sound Mitigation Project for Northern Colorado Law
Enforcement Training Center Firing Range.
The purpose of this item is to seek approval to use existing funds from the NCLETC capital budget
in the amount of approximately $136,632 to make necessary modifications to the sound noise
abatement materials in the firing range.
Adopted.
END OF CONSENT CALENDAR
J) ADOPTION OF CONSENT CALENDAR
Consent Calendar Adopted: 7-0
K) CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on
items adopted or approved on the Consent Calendar.)
No follow up comments by Council.
L) STAFF REPORTS - None.
M) COUNCILMEMBER REPORTS
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
None Removed.
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O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
The method of debate for discussion items is as follows:
• Mayor introduced the item number and subject; asks if formal presentation will be made by staff
• Staff presentation (optional)
• Mayor requests public comment on the item (three minute limit for each person)
• Council questions of staff on the item
• Council motion on the item
• Council discussion
• Final Council comments
• Council vote on the item
Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure
all have an opportunity to speak. The timer will buzz when there are 30 seconds left and the light will
turn yellow. It will buzz again at the end of the speaker’s time.
20. Items Relating to City Initiated TABOR Questions (Sustainable Funding).
A. Possible Public Hearing and Motions Regarding Protest (s) of Ballot Language.
B. Resolution 2023-073 Submitting A Ballot Issue Question to the City’s Registered Electors
at the City’s Regular Election on November 7, 2023, Asking Them to Authorize the City to
Levy a Three Mill Property Tax to be Used Exclusively to Fund Affordable Housing.
OR
Resolution 2023-073 Submitting A Ballot Issue Question to the City’s Registered Electors at
the City’s Regular Election on November 7, 2023, Asking Them to Authorize the City to Levy
a Three Mill Property Tax to be Used Exclusively to Advance the City’s Goals Under its 2021
Housing Strategic Plan.
C. Resolution 2023-074 Submitting a Ballot Issue Question to the City’s Registered Electors
at the City’s Regular Election on November 7, 2023, Asking Them to Increase by .50% the
City’s Sales and Use Tax Rate to be Used Exclusively for Certain Specified Purposes. [WITH
PERCENTAGES INSERTED]
OR
Resolution 2023-074 Submitting a Ballot Issue Question to the City’s Registered Electors at
the City’s Regular Election on November 7, 2023, Asking Them to Increase by .50% the City’s
Sales and Use Tax Rate to be Used Exclusively for Certain Specified Purposes. [WITH
BLANK PERCENTAGES]
The purpose of this item is to consider two resolutions and ballot language that reflect
Councilmember feedback from the July 25, 2023, work session discussion. Two versions of each
resolution are provided for consideration.
Any protest of the proposed ballot language must be received no later than Monday, August 14,
2023, at 12:00 p.m. Protest(s) shall be heard, considered, and resolved by the Council prior to
adoption of the related Ordinance. If protests are received, copies will be included in Council's
"Read Before the Meeting" packet.
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Action Taken: Resolution 2023-073 Adopted with option to be used exclusively for
Affordable Housing 4-3 with amendments.
Ayes: Councilmember(s) Canonico, Pignataro, Arndt, Francis
Nays: Councilmember(s) Ohlson, Peel, Gutowsky
Resolution 2023-074 Adopted 6-1 with amendments and designating 50%
for Parks and Recreation, 25% for the City’s Climate/Energy Goals and
25% for the City’s Transit System.
Ayes: Peel, Canonico, Pignataro, Gutowsky, Arndt, Francis
Nay: Ohlson
21. Items Relating to City Council’s Direction to Address Existing Occupancy Regulations.
Possible Public Hearing and Motion(s) Regarding Protest(s) of Ballot Language.
A. Resolution 2023-075 Directing City Staff to Prepare and Present to Council Amendments to
the City of Fort Collins Land Use Code Increasing Occupancy Allowed in Residential Dwellings.
B. Resolution 2023-076 Referring to the Registered Electors of the City of Fort Collins Resolution
2023-075, Concerning Amending the Fort Collins Land Use Code to Increase the Occupancy
Allowed in Residential Dwellings.
Any protest of the proposed ballot language must be received no later than Monday, August 14,
2023, at 12:00 p.m. Protest(s) shall be heard, considered, and resolved by Council prior to
adoption of the related Resolution. If protests are received, copies will be included in Council’s
“Read Before the Meeting” packet.
Action Taken: Resolution 2023-075 Failed
Ayes: Pignataro, Francis
Nays: Canonico, Gutowsky, Arndt, Ohlson, Peel
Resolution 2023-076 No action taken.
22. Appeal of Planning and Zoning Commission Approval of the Ziegler-Corbett Overall
Development Plan Major Amendment.
The purpose of this quasi-judicial item is to consider an appeal of the Planning and Zoning
Commission’s decision on March 23, 2023, approving the Ziegler-Corbett Overall Development
Plan Major Amendment (#MJA220004 or “Major Amendment”) located on the west side of Ziegler
Road between Front Range Village and The English Ranch neighborhood.
Two Notices of Appeal were filed, both on April 5, 2023, alleging that the Planning and Zoning
Commission failed to properly interpret and apply relevant provisions of the Land Use Code, City
Code, and/or Charter. One of the appeals also alleges the Commission failed to conduct a fair
hearing by ignoring previously established rules of procedure.
Action Taken: Council found that Appellant Latzke’s contention that P&Z did not conduct
a fair hearing to be without merit and to dismiss the allegation.
Adopted 7-0.
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Action Taken: Council found that the matter should be remanded back to P&Z and to
dismiss the two appeals filed by Lacey Joyal and Tamara Burnside together, and by Craig
Latzke, with respect to any other issues not addressed in the remand.
Adopted 7-0
P) OTHER BUSINESS
OB 1. Possible consideration of the initiation of new ordinances and/or resolutions by
Councilmembers.
(Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate
and move forward with development and preparation of resolutions and ordinances not originating
from the Council's Policy Agenda or initiated by staff.)
There was a consensus to bring the U+2 ballot question back to Council on September 5.
OB 2. Motion to adjourn this meeting until after the completion of the Electric Utility
Enterprise Board business:
"I move that Council adjourn this meeting until after the completion of the Electric Utility
Enterprise Board business."
Action Taken: Adopted 7-0
Q) ADJOURNMENT
Adjourned at 12:47 a.m.