HomeMy WebLinkAboutMINUTES-08/15/2023-RegularAugust 15,2023
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
No proclamations scheduled.
REGULAR MEETING
6:00 PM
B)CALL MEETING TO ORDER
Mayor Jeni Arndt called the regular meeting to order at 6:02 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 Tem Emily Francis
Councilmember Susan Gutowsky
Councilmember Tricia Canonico
Councilmember Shirley Peel
Councilmember Kelly Ohlson
Councilmember Julie Pignataro
STAFF PRESENT
City Manager Kelly DiMartino
City Attorney Carrie Daggett
Deputy City Clerk Heather Walls
E)CITY MANAGER’S AGENDA REVIEW
City Manager Kelly DiMartino provided an overview of the agenda,including:
•Noting a motion was added under Other Business to adjourn the regular meeting to conduct the
Electric Utility Enterprise Board business.
•All items on the consent agenda were recommended for approval.
•The items on the discussion agenda were reviewed.
City of Fort Collins Page 130 City Council Proceedings
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.)
Erin Gray,Economics Advisory Board Member,stated she is interested in working with the City on
climate change issues and low-carbon development transitions in concert with economic development
plans.She stated the Economic Advisory Board is interested in having a more direct advisory
connection with Council.
Ronald Hanser stated he lives in a low-density residential neighborhood with an HOA,and he
purchased that home because of the predictability of an HOA community.He expressed concern
about many of the proposed alternatives that are being considered related to the Land Use Code
revisions.He stated the housing supply in Fort Collins is not the basic problem,the problem is demand
and growth.Additionally,he stated the character of existing neighborhoods needs to be preserved
and increased density development should only occur along transportation corridors and in new
development.
Kate Conley supported placing housing of all types in all neighborhoods because the housing crisis
should be shared collectively.She supported many of the proposed Land Use Code amendments
and commended the public outreach efforts.Additionally,she urged Council to consider having no
special exemptions for HOA neighborhoods and to consider not having an owner-occupancy
requirement for ADUs.She stated U+2 is discriminatory and supported alternatives to the ordinance.
Matthew Behunin commented on the lack of housing affordability.He opposed the owner-occupancy
requirement for ADUs and stated the parking requirements for ADUs are too costly.He also stated
HOA neighborhoods should not be granted special rules.
Christopher Conway commended Council for taking steps forward with the Land Use Code but stated
the details must be correct.He noted the AARP is one of the main proponents of ADUs in the country.
He supported repealing the U+2 ordinance.
Ann Hutchison,Fort Collins Area Chamber of Commerce President/CEO,stated the Chamber sent a
letter to Council expressing thoughts about items being referred to the November ballot.She
congratulated Council on identifying priority issues of housing,parks,climate,and transit,but suggests
not enough time has been spent on getting the final solutions correct for citizens to support the ballot
measures.She specifically expressed concern about the status of the economy in Fort Collins,noting
the cost of living is escalating.She encouraged Council to consider delaying the ballot measures.
Braxton Dietz,ASCSU Chief of Staff,supported the proposed ballot measure amending the U+2
ordinance.
Michael Strand,Kechter Farm HOA,expressed concern about how proposed Land Use Code changes
would affect HOA covenants.
Michael Stella,ASCSU Director of Governmental Affairs,supported the proposed ballot measure
amending the U+2 ordinance.
Evan Welch,ASCSU Deputy Director of Housing Security,supported the proposed ballot measure
amending the U+2 ordinance.
City of Fort Collins Page 131 City Caun I Proceedings
Nick DeSalvo,ASCSU,supported the proposed ballot measure amending the U+2 ordinance and
urged Council to allow voters to make decisions about their community.
Alayna Truxal,ASCSU Chief Justice,supported repealing the U+2 ordinance.
Marvin Paule commented on parking issues with homes that allowed more tenants prior to the U+2
ordinance.He stated home prices dropped to the point of affordability by families following the
institution of the ordinance,and those homes have been fixed up and well-maintained.He expressed
concern about infrastructure issues should the ordinance be repealed.
Haydyn Deason,ASCSU Director of Environmental Affairs,stated U+2 is discriminatory,encourages
class divides,and actively pushes out students.
Kyle Hill,ASCSU,supported repealing U+2 to allow for equal housing opportunity for all.
William Chapman stated he bought into an HOA community to protect property values and his desired
lifestyle.He stated the proposed changes should not apply to all residential areas and questioned
how the regulations would impact historic districts.
Wayne Brothers stated it appears from the latest alternatives provided to Council by staff at the August
8 Work Session,Council has decided to delay any meaningful improvements to the development
review process and focus solely on the social engineering proposals affecting housing.He proposed
the three low-density zone districts:RL,NCL,and LMN,maintain their current zoning to preserve the
character of the older,established neighborhoods.He stated this would allow for eight zones to have
the increased densities,would treat all residents within a zone equally,maintain the benefits of
established HOAs,and minimize potential litigation.He questioned the U÷2 ballot item.
Denny Coleman,Economic Advisory Board Member,stated the Board Members would like to make
themselves available to Council on a more consistent basis.He specifically commented on the
importance of moving forward with the East Mulberry Annexation Plan.
Johanna Loury urged Council to retain current zoning and allow land uses for all established single-
family neighborhoods and suggested utilizing undeveloped land in Fort Collins which is better suited
for utilities required for denser development.
Adam Eggleston supported repealing or changing the U+2 ordinance and opposed the proposed three
mill affordable housing property tax increase ballot measure.He also stated land use code or local
regulations supersede HOA covenants per a 1993 state regulation.
Matthew Peters stated increasing density does not solve the issue of affordability.He stated the city
has a lot to lose if it moves forward with Land Use Code changes and little to lose by waiting.
Peter Connelly stated family is what built Fort Collins and commented on the importance of real estate
appreciation potential stating increased density would negatively impact existing single-family
neighborhoods.
Tandena Wagner stated existing housing policies in Fort Collins make affordability difficult.She
commented on the benefits of allowing for rental ADU5 on rental properties.
Jackson Wagner commented on the benefits of allowing rental ADUs on rental properties.
Colleen Hoffman stated current zoning should remain for existing single-family neighborhoods.She
stated any ADU deed restrictions should be enforced by the City but would,in reality,be citizen-
complaint driven thereby pining neighbors against one another.She also commented on the benefits
of U÷2 and suggested increased density does not necessarily impact affordability.
City of Fort Collins Page 132 City Council Proceedings
Glen Colton opposed dramatic upzoning and densification of existing neighborhoods in the proposed
Land Use Code amendments.
Phil Soreide commented on a prison-style chain link fence that has been constructed by the Larimer
and Weld Irrigation Company with minimal notification and no opportunity for public comment.He
stated the Company must be required to respond to the impact of this action on the general public,
including on the natural habitat and property values.He stated no environmental,economic,or
engineering studies were conducted prior to the start of construction of the fence and the public
deserves a forum to discuss the issue.
Jan Stallones expressed support for the funding appropriations described in Ordinance No.105,2023
and expressed support for the continued efforts of the City in addressing Fort Collins’unsheltered
population.She also expressed support and appreciation for the new HOPE division of Fort Collins
Police Services and for the plans for an expanded rescue mission.
Damian Ramirez commented on the need for a new indoor pool facility in Fort Collins,specifically
citing the cramped high school practices at EPIC and system and safety issues at the Mulberry Pool,
which should be closed.
Abigail Feuka supported changes to the Land Use Code that will result in more housing affordability
and supported eliminating U+2.
James Burtis expressed support for many of the proposed Land Use Code changes,particularly the
potential for higher density and lower parking requirements in the TOD overlay zone.However,he
expressed concern there are no high-frequency bus routes operating in the Transfort system.He
stated U+2 is very restrictive and supported allowing voters to weigh in on a less restrictive occupancy
regulation.
Ken Christensen stated he is the Parks and Recreation Advisory Board Chair;however,he is speaking
as a private citizen.He expressed support for the ballot language developed related to sustainable
funding and commented on the $10 million funding deficit that exists for parks and recreation
infrastructure replacement.
Jamie Bailey commented on housing affordability and the need for housing options that would come
from zoning changes.
Nick Armstrong,Parks and Recreation Advisory Board Vice Chair,supported the work on sustainable
funding initiatives that would assist in funding existing maintenance obligations as well as in attaining
some community-wide aspirational goals.He stated the Board recommends the sustainable funding
ballot language that includes a half-cent sales tax increase with 50%dedicated for parks and
recreation infrastructure.He stated funding for parks and recreation touches on all seven of the City’s
key outcome areas.
Rich Stave stated he is unclear how the money is to be repaid regarding Item No.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.He commented on vehicles parking in rights-of-way.
John Parks,Economic Advisory Board Vice Chair,stated the Board welcomes any opportunities to
engage with Council and encouraged Council to move forward with the ‘reimagining Boards and
Commissions’work more directly.He expressed support for the Land Use Code changes.
Public comment concluded at 7:20 p.m.
City of Fort Collins Page 133 City Council Proceedings
H)PUBLIC COMMENT FOLLOW-UP
Councilmember Shirley Peel thanked the Economic Advisory Board members for speaking and their
interest in being more engaged with Council.
Councilmember Susan Gutowsky thanked Mr.Ramirez for his comments regarding the need for an
additional pool facility.
Councilmember Julie Pignataro thanked the Boy Scouts who are in attendance and requested staff
follow-up regarding the fence mentioned by Mr.Soreide.City Manager DiMartino stated the Building
Compliance Department issued a stop work order due to the height of the fence being over six feet.
She stated the only City area impacted is the Red Wing Marsh Natural Area,and a letter was sent to
the Ditch Company letting them know they would need to apply for a permit to have a fence in that
area.She also noted the County is investigating and there is ongoing coordination between the City
and County to determine if there are any options to address the situation.
Councilmember Pignataro thanked the individuals who spoke on housing issues and noted next
week’s work session will focus on Land Use Code changes.
Councilmember Kelly Ohlson expressed support for Mr.Brothers’suggestion to look at Land Use
Code changes by zone district.He also stated he would like staff to research whether the City is part
owner of the Ditch Company.City Manager DiMartino replied the City has a very small ownership
stake in this company and staff will provide a detailed breakdown.
Councilmember Ohlson encouraged individuals to contact the Poudre School District Board regarding
funding for pools,noting there are no pools at any of its high schools.
Mayor Pro Tem Emily Francis requested follow-up to the questions related to the ownership
requirements for financing ADU5 and requested an answer to Mr.Stave’s question regarding Item No.
11.Chad Crager,Connexion Executive Director,stated the payback for Item No.11 will be revenue
from Connexion customers.
Mayor Arndt also recognized the Boy Scouts in the audience and thanked the members of the
Economic Advisory Board for their attendance and desire to be more involved with Council.
Clerk’s Note:Mayor Arndt called for a break at 7:28 p.m.The meeting resumed at 7:43 p.m.
I)COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
None.
J)CONSENT CALENDAR
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.
Approved.
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
City of Fort Collins Page 134 City Council Proceedings
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.
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 appropriated 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
City of Fart Collins Page 135 City Council Proceedings
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 (0CM)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 (0CM)$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.
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.
City of Fort Collins Page 136 City Council Proceedings
This item is a quasi-judicial mailer 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 adapted
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 Meidrum 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.
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
City of Fort Collins Page 137 City Council Proceedings
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.
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
City of Fart Collins Page 138 City Council Proceedings
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
City of Fort Collins Page 7 of 10 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
Mayor Pro Tern Francis moved,seconded by Councilmember Gutowsky,to approve the
recommended actions on items 1-19 on the Consent Calendar.
The motion carded 7-0.
City of Fart Collins Page 139 City Council Proceedings
K)CONSENT CALENDAR FOLLOW-UP
No follow-up comments by Council.
L)STAFF REPORTS
None.
M)COUNCILMEMBER REPORTS
Councilmember Susan Gutowsky
•Participated in a ride along with the newly formed HOPE team to clean up an encampment.
•Participated in Neighborhood Night Out events on August 1~.
•Attended Mama Mia high school event.
•Announced Gardens on Spring Creek concerts.
Councilmember Tricia Canonico
•Attended the Women in Municipal Government conference.
•Announced her appointment to the EPA’s Local Government Committee Work Group on
Climate Mitigation.
Mayor Jeni Arndt
•Attended the People’s Meeting,a new type of civic engagement opportunity.
N)CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
None.
0)CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
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 Properly 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
City of Fort Collins Page 140 City Council Proceedings
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
Coundilmember feedback from the July25,2023,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
Travis Storm,Chief Financial Officer,stated this work is the product of eight Finance Committee
meetings and four Council work sessions and the work has been prompted by some of the City’s
and community’s highest priority master and strategic plans,including the Parks and Recreation
Master Plan,the Transit Master Plan,Housing Strategic Plan,and the Our Climate Future Plan.
He stated those plans indicate unsourced needs between $40 and $46 million.
Storm stated the work over the last 21 months has narrowed down the solution to the most
conventional tools of sales and property taxes.He stated Council will be considering two
resolutions,each with two options.One of the resolutions proposes a half-cent dedicated sales
tax going toward parks and recreation,including aquatics,transit,and climate plans,which would
raise a projected $20 million with an average per-resident impact of $62.The other resolution
proposes a three mill increase,or $1 for every $1,000 of assessed value on a home,to be put
toward affordable housing goals which would raise a projected $1 1 million per year.
Regarding the sales tax resolution,option A would break up the percentage share equally
between parks and recreation,climate goals,and transit,whereas option B would propose a one
half share towards parks and recreation which would fully fund the new southeast aquatics center
and a one half share towards climate and transit combined.
Storm noted the property tax would be a perpetual tax and option A is directed specifically toward
affordable housing as defined by Council,whereas option B includes a wider array of eligible uses
and references the Housing Strategic Plan.
CLARIFYING QUESTIONS
Councilmember Ohlson questioned the references to the property tax item generating $11 million
in one place and $16 million in another.Storm replied the $11 million figure is the amount
collected;however,the TABOR language is scripted such that,if it happens that more than the
amount on the ballot is collected,a refund is necessary.He stated state TABOR experts have
provided guidance to make that number conservatively higher to avoid the risk of having to issue
TABOR refunds.
City Attorney Carrie Daggett clarified there is a specific provision in TABOR regarding the first
year estimate and obligations related thereto if more funds are collected.
PUBLIC COMMENT ON RESOLUTION 2023-073
Joe Rowan,One Voice for Housing,expressed appreciation for Council’s work to address the
overall cost of housing and stated those efforts should continue in earnest.He stated the
organization is not currently comfortable with this item as it is written;however,it is supportive of
an evergreen fund that supports housing.
City of Fort Collins Page 141 City Council Proceedings
Rich Stave opposed the item stating it represents double taxation.
COUNCIL DISCUSSION ON RESOLUTION 2023-073
Mayor Pro Tern Francis requested rnore detailed information on the differences between the two
options.Storm replied the affordable housing specific item would address how to mitigate price
escalation for housing impacts on disproportionately affected households.The Housing Strategic
Plan item would include a broader set of eligible properties.
Josh Birks,Sustainability Services Deputy Director,stated the Housing Strategic Plan item is
broad enough to include all the City’s housing strategies,whereas the affordable housing specific
item is focused just on that aspect of housing strategies.
Councilrnember Ohlson asked if homelessness issues would be funded by the affordable housing
option.Storm replied that costs such as encampment cleanup or the proposed 24/7 shelter on
North College would not be seen as eligible uses of this tax.Birks clarified either option would
include funding for permanent supportive funding.
Mayor Pro Tern Francis asked about the implementation difference between the two options.
Birks replied the Housing Strategic Plan option would allow for a broader set of programs to be
pursued that would not solely focus on addressing affordability issues.
Mayor Arndt stated she would prefer the broader option if Council opted to refer this issue to the
ballot.She also reiterated this would be a perpetual tax.
Councilmember Tricia Canonico asked if home energy efficiency programs would fall under this
item or under climate.Birks replied energy efficiency is mentioned in the Housing Strategic Plan
and there could be some interplay between the two tax measures.
Mayor Pro Tem Francis stated that while it would be nice to fund everything in the Housing
Strategic Plan,it seems affordable housing is what the community desires to fund;therefore,she
stated she was leaning more toward the more specific option related to affordable housing.She
stated housing seems too vague,though having that flexibility could be valuable.
Mayor Arndt noted the Housing Strategic Plan option would not preclude affordable housing
dedicated funding through the SF0 process.
Councilmember Pignataro stated she is leaning toward the more specific option related to
affordable housing.She requested more information regarding the tax being in perpetuity.Storm
replied there was some Council dialogue around lining up the tax sunset with the 2040 affordability
goals;however,the thinking was that,by 2040,it is likely that a great deal of the housing stock
that is built between now and then will need renovations;therefore,investments will still be
needed,likely into perpetuity.He noted the tax could be repealed at the discretion of the Council
in the future without an election.
Councilmember Canonico stated some concerns from the affordable housing development
partners have been raised regarding being unprepared to utilize all these funds and she asked
what would occur if extra dollars were present at the end of a budget cycle.Storm replied those
funds would accumulate in reserves until such time a use that made sense to the City and Council
came forward.
Mayor Arndt reiterated her desire to utilize the broader more flexible option given possible different
future needs.
Mayor Pro Tem Francis stated not all housing needs will be able to be addressed with this property
tax and she would refer the dollars be used to focus on the bi est need of affordable housin
City of Fort Collins Page 142 City Council Proceedings
Councilmember Peel thanked staff for their work on this topic and stated she is finding herself
increasingly more uncomfortable referring these ballot initiatives because she is unsure the City
has done its due diligence in terms of its budget to ensure best practices and best metrics are
being used and fiscally sound policies are in place.She stated she does not believe a property
tax increase tied to affordable housing will pass and the only ballot initiative she would be
comfortable referring is the one tied to parks and recreation.
Councilmember Gutowsky noted the original discussion around utilizing property tax funding for
affordable housing occurred prior to assessments showing many property values nearly doubling.
She stated it would be difficult to ask the community to raise that even further and she stated she
would not support referring either option to the ballot.Additionally,she stated placing both this
resolution and Resolution 2023-074 on the ballot would jeopardize its passage.
Mayor Pro Tem Francis stated she would prefer to place the item on the ballot noting Land Use
Code outreach efforts have shown that the community cares about affordable housing.
Councilmember Ohlson noted the City’s share of property taxes has not increased since 1992
and 2/3 of that amount goes toward Poudre Fire Authority.However,he stated he would not
support referring either item due to discontent with the City organization,though he believes
Council has been careful and diligent in crafting these options for Fort Collins voters to consider.
Councilmember Canonico stated she has no strong opinion about either option but would like to
see the item referred to the ballot.
Mayor Pro Tern Francis made a motion to adopt Resolution 2023-073 submitting a ballot
issue to the City’s registered electors at the City’s regular election on November 7,2023,
asking thern to authorize the City to levy a three-mill property tax to be used exclusively to
fund affordable housing and striking the word ‘question’in each reference to ‘ballot issue
question.’Councilmember Pignataro seconded the motion.
Mayor Pro Tern Francis stated having this dedicated funding stream would reflect the community’s
values.
The vote on the rnotion was as follows:Yeas:Canonico,Pignataro,Arndt,and Francis.
Nays:Ohlson,Peel,and Gutowsky.
THE MOTION CARRIED.
PUBLIC COMMENT ON RESOLUTION 2023-074
Mark Morehouse commented on Councilmembers citing the need for public pools as an equity
issue and because of the current deficit of pools in Fort Collins during the July work session.
Additionally,he noted staff referenced the parks and recreation situation as a true budget deficit.
He expressed support for the staff recommendation to allot the sales tax split of 50%to parks and
recreation,25%to transit,and 25%to climate goals.He stated he and others will continue to
petition Poudre School District to partner with the City.
Rich Stave opposed this item stating it will not serve the best interests of Fort Collins residents.
He stated increased taxes are not associated with increased economic activity.He suggested
different choices could be made with the existing budget.
Kevin Cross,Fort Collins Sustainability Group,stated the Group feels it is important for the City
to devote significant funding toward expanding local solar and battery storage capacity,preparing
people,buildings,watersheds,and ecosystems for the threats brought on by climate change,and
toward programs that will significantly reduce community greenhouse gases and pollutants.He
City of Fort Collins Page 143 City Council Proceedings
stated language in the resolution should explicitly reference those three issues and encouraged
the language to reconcile spending percentages for parks and recreation,climate,and transit at
the end of 2026 in addition to the other years specified in the resolution.He also stated the Group
supports the even split of funding between the three entities.
Fred Kirsch,Fort Collins Community for Sustainable Energy,requested the language for the
climate tax initiative include the following phrase:“the City’s efforts to maximize solar generation.”
He commented on local solar being a key component of a network’s distributed energy system.
Fred Arnold commented on the need for additional pool resources in Fort Collins and cited the
importance of learning to swim for people of all backgrounds.
Kelly Holly expressed support for option B which would provide additional funding for aquatics.
COUNCIL DISCUSSION ON RESOLUTION 2023-074
Councilmember Gutowsky expressed support for option B and commented on the community’s
love of parks,particularly during the pandemic.She noted 50%of the community’s playgrounds
need to be refreshed and support of parks is a Council priority.She also noted there is a large
gap in the amount of money available for asset replacement.
Councilmember Ohlson questioned whether the language relating to the School District’s share
of ongoing operations,periodic upgrades,and major renovations is clear and specific enough.
Storm replied staff believes the language is sufficient to address both the capital operations and
equipment replacement in terms of conveying Council’s expectation.
Councilmember Ohlson questioned whether the language is strong enough to ensure a future
Council cannot utilize the funds elsewhere.Deputy City Attorney John Duval replied the language
as written is not intended to bind future Councils to spend the funds as intended by this Council,
and part of the issue is that this is being presented as a resolution rather than an ordinance,which
is the way both issues have been presented since their origination.He stated the language is the
presentation of the ballot question,not the presentation of an ordinance that may have other
requirements the voters would be approving.
Assistant City Manager Tyler Marr clarified a resolution that contains a proposed ordinance could
be written should Council desire a more binding condition,though that would require the calling
of a special meeting prior to the County’s deadline for finalizing ballot issues.
City Manager DiMartino suggested eliminating the words “Council intends”to make the language
more binding.
Mayor Pro Tem Francis asked if the intent of the language is to cover everything within Our
Climate Future,or if it should be more specific per the suggestions of some of the speakers.
Deputy City Attorney Duval replied the existing language around the climate action section is
broadly written so the funds could be used for any programs or projects that advance greenhouse
gas and air pollution reduction,the City’s 2030 goal of 100%renewable energy,and the 2050
community-wide goal of carbon neutrality.He noted solar would fit into all three categories.
Councilmember Peel questioned whether combining climate,transit,and parks and recreation in
one ballot measure is the best way to gain voter approval.Councilmember Ohlson replied having
four separate tax questions,when including the housing item,could be a negative.He supported
the use of both property and sales taxes.
Councilmember Ohlson expressed support for option B which would fund parks and recreation at
50%.Mayor Arndt concurred noting that option would fund additional lap lanes for the southwest
City of Fort Collins Page 144 City Council Proceedings
pool facility.Additionally,she stated climate and transit are somewhat intertwined which makes
the other half of the funding for those items.
Councilmember Pignataro also expressed support for option B.
Councilmember Canonico asked if the ballot language would obligate expenditures on solar even
if a better energy source were developed in the future.Birks replied the language is written to
address 100%renewable energy and while solar is eligible,it is not limited to that.
Councilmember Canonico also expressed support for option B.
Councilmember Peel stated she wished the City was not in the place it is with parks and recreation
funding.She stated she would rather not put additional costs on people at this time;however,
she expressed support for option B.
Clerk’s Note:Mayor Arndt called for a break at 9:25p.m.The meeting resumed at 9:30p.m.
City Manager DiMartino outlined the language changes that were made,including changing one
of the whereas clauses to eliminate “The City Council intends”and to indicated that the amounts
will be supplemented.Additionally,City sourced revenues were added to acknowledge there are
many grant funds that come into play making things variable throughout a given year.There was
also an addition to the ballot language that clarifies for voters that these funds will supplement
and not replace the current City funding for those specified purposes.The word “full”was added
to indicate the full cost of the pool lanes to be more explicit,and the word “energy”was changed
to “electricity”to be more consistent with climate goals.City Manager DiMartino stated the
language would be for 50%to parks,recreation,and pools,25%for greenhouse gas and climate
goals,and 25%for the transit system.
Mayor Pro Tem Francis made a motion to adopt 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 0.50%the City sales tax rate to be used exclusively for
certain specified purposes with the changes read into the record by the City Manager.
Councilmember Canonico seconded the motion.
Councilmember Pignataro thanked staff for their work on this item.
The vote on the motion was as follows:Yeas:Peel,Canonico,Pignataro,Gutowsky,Arndt
and Francis.Nays:Ohlson.
THE MOTION CARRIED.
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 2023-0 75 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
2023-0 75,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.
City of Fort Collins Page 145 City Council Proceedings
Sylvia Tatman-Burruss,Sr.Project Manager,stated this item is in response to feedback from the
July 18 meeting during which Council directed staff to prepare a resolution to refer the current
occupancy ordinance to voters.She stated staff has prepared two options for consideration.
Tatman-Burruss outlined the existing occupancy ordinance which limits occupancy of residential
dwellings to a family of any size plus one additional unrelated occupant,or no more than three
unrelated occupants.She noted there is currently a process in place to allow for extra occupancy
designation in certain zone districts and there is a host family permit option as well.
Tatman-Burruss stated both options provided for consideration eliminate the familial relatedness
aspect and both allow for an increase in occupancy.She stated staff is recommending option 2
as it may allow for greater flexibility in choosing the appropriate mechanism for allowing an
increase in occupancy while keeping neighborhood quality in mind.
PUBLIC COMMENT
Peter Erickson stated the existing occupancy ordinance affects residents of every age and
background.He stated parking and noise should be regulated,not people,and he commended
the residential parking permit program.
Rich Stave opposed this item stating CSU has had the opportunity to build additional on-campus
housing but has opted out.He suggested increasing occupancy is not appropriate for all zones
and stated the use of Neighborhood Services as the regulating agency would be misguided and
ineffective.
Joe Rowan,One Voice for Housing,supported revisiting occupancy standards in the community
and commended allowing some flexibility in how occupancy is defined according to how standards
and definitions of family change over time.
COUNCIL DISCUSSION
Mayor Arndt requested additional detail regarding the difference between the two resolutions
presented.City Attorney Daggett replied Resolution 2023-075 would allow Council to take an
action to direct staff whereas Resolution 2023-076 would refer Resolution 2023-075 to the voters.
Mayor Arndt stated she had originally wanted this item to be referred to voters to ensure it was
addressed;however,it is not mandatory that it be referred as Council has the purview to make a
decision on its own and stated she would be willing to have Council consider a more detailed
ordinance prior to the end of its term.
Councilmember Gutowsky stated she would support that idea.
Mayor Pro Tem Francis noted Council places items on the ballot it can undertake itself regularly
and she expressed concern the necessary due diligence on solutions could occur by December.
She stated she would prefer to have voters provide input.
Councilmember Pignataro noted Council assured the public occupancy would not be part of the
Land Use Code changes and she expressed concern about doing that without garnering feedback
from the electorate.She noted this is a contentious issue and she was contemplating proposing
a longer study of perhaps a year to ensure time for adequate public outreach after a vote occurs.
City Attorney Daggett stated the language of the ballot question could contain a timeframe for the
City to work on the issue if voters support adjusting the occupancy ordinance.
Councilmember Ohlson stated he would prefer Council to deal with this issue on its own in
whatever timeframe is deemed appropriate.He commented on the changes in the community,
City of Fort Collins Page 146 City Council Proceedings
including deteriorating neighborhoods,that led to the necessity for the U+2 ordinance.He stated
the positives of the ordinance outweigh any negatives by fifty times and include increased
affordability for those who could not compete with large property investors.He commented on an
email he received regarding the occupancy ordinance outlining a property that would technically
allow 11 people without an ADU based on the number of bedrooms.He questioned how the
definition of family would be limiting.
Councilmember Peel asked Councilmember Ohlson if he is willing to work on expanding the
occupancy ordinance if it is not sent to the ballot.Councilmember Ohlson replied he would make
every honest attempt at looking into changes to the current occupancy ordinance without making
any promises.He stated property deterioration was always more of an issue than parking and
noise.He also stated he believes the occupancy ordinance has helped affordability.
Councilmember Peel stated being open to making changes is different from committing to
changing the ordinance.She expressed concern that changes made by Council that are disliked
would be repealed.
Councilmember Ohlson stated his goal would be to develop something that would not be
repealed.Additionally,he stated he would like the City to develop its own ordinance rather than
have the state dictate the regulations.
Councilmember Peel expressed concern that this issue has been a topic of discussion for some
time.
Mayor Arndt stated she believes this Council can address the topic by the end of its term and
stated it could be placed on the ballot next year if a new ordinance were to be repealed.
Councilmember Peel stated she has heard from her constituents that they do not want changes
to the occupancy ordinance;therefore,it is appealing to send the issue to the ballot to allow for
the entire city to weigh in.
Mayor Arndt stated she is committee to revising the occupancy ordinance as there are open
bedrooms in the community and people need housing.
Councilmember Pignataro stated she would like to get beyond anecdotal stories to a more
concrete decision,and having feedback from the electorate would assist in that regard.
Mayor Pro Tem Francis questioned whether Council can deal with this issue by the end of the
year given other business items and holidays.City Manager DiMartino replied it would require a
follow-up discussion on reprioritizing items and on the expectations around public engagement.
Councilmember Canonico stated it is clear the community wants to be engaged in any decision
the Council makes;therefore,it seems leaving it to Council to determine the outcome of this topic
by December would not allow for adequate public outreach that is desired.Given that,she stated
she would be more inclined to place the item on the ballot.
Mayor Arndt suggested Council could work on the ordinance over a year then send the resulting
ordinance to the ballot next year which would allow for a more robust process.
Councilmember Gutowsky reiterated her support for having Council address the issue.
Councilmember Pignataro noted there are only three current Councilmembers who are
guaranteed to have a seat on the next Council and getting an opinion from voters as to whether
they want the next Council to address the topic or not could be valuable.
City of Fort Collins Page 147 City Council Proceedings
Councilmember Ohlson stated the ballot language as written would bind the next Council to
consider the topic.He questioned what type of family is not currently covered by the occupancy
ordinance.Tatman-Burruss replied the need to prove familial status can become difficult from an
enforceability standpoint.
Councilmember Ohlson opposed the use of the phrase “expand housing efficiency”in the
resolution language.
Mayor Pro Tern Francis rnade a rnotion to adopt Resolution 2023-075 directing staff to
prepare and present to Council arnendrnents to the City of Fort Collins Land Use Code
increasing the occupancy allowed in residential dwellings,option two.Councilmember
Pignataro seconded the rnotion.
City Attorney Daggett noted a date by which staff would bring options to Council would still need
to be placed into the language.
Mayor Pro Tern Francis suggested a date of March 31,2024.Councilmember Pignataro
concurred.
Mayor Arndt clarified this resolution just directs staff to create a revised occupancy ordinance for
Council consideration by March 31,2024;the next resolution would place the item on the ballot.
City Manager DiMartino noted,if placed on the ballot and passed,staff would not be able to begin
public outreach until after the election.
Mayor Pro Tern Francis made a friendly amendment to change the date to June 30,2024.
Councilmember Pignataro concurred.
City Manager DiMartino suggested taking the next couple weeks to flush out timelines and options
given September 5 is the deadline for placing the item on the ballot.
Councilmember Ohlson commended the conversation on the topic and noted ballots get mailed
in October;therefore,he stated it would not be good governance to place the item on the ballot
with such a short timeframe.He also requested additional information regarding the familial status
issue,particularly wherein an unmarried couple,each with their own children,are concerned.
Mayor Arndt stated she will oppose the motion as she would like to take more time to make the
decision.
The vote on the motion was as follows:Yeas:Pignataro and Francis.Nays:Canonico,
Gutowsky,Arndt,Ohlson and Peel.
THE MOTION FAILED.
Clerk’s Note:Mayor Arndt called for a break at 10:52 p.m.The meeting resumed at 11:00
p.m.
Mayor Pro Tern Francis made a motion to extend the meeting past midnight Mayor Arndt
seconded the motion.Yeas:Gutowsky,Arndt,Francis,Ohlson,Peel,Canonico and
Pignataro.Nays:nona
THE MOTION CARRIED.
City of Fort Collins Page 148 City Council Proceedings
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 (#MJA 220004 or “Major Amendment”)located on the west side of Ziegler
Road between Front Range Village and The Engilsh 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 pro visions 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.
Bob Choate introduced himself and Jason Sherrill of Landmark Homes,the applicant.
Craig Latzke and Lacey Joyal introduced themselves as appellants.
Mayor Arndt outlined the time allotments for presentations and rebuttals.
City Attorney Daggett outlined the appeals procedure.
Paul Sizemore,Community Development and Neighborhood Services Deputy Director,provided
an overview of the Ziegler-Corbett Overall Development (ODP)Plan Major Amendment which
incorporates one additional property into the ODP allowing the access to Ziegler to shift to the
north and become a signalized intersection at Hidden Pond Drive.He noted the major
amendment does not change the proposed land uses or intensity of development on the site.
Sizemore discussed the ODP and associated alternative compliance for a bicycle and pedestrian
connection in lieu of a local street connection to the north that were approved in 2022.He noted
a central issue to the ODP major amendment and the appeals is the location and type of access
both to the site and to surrounding neighborhoods.Prior to 2011,the Master Street Plan showed
Corbett Drive as a collector road running from Front Range Village,curving through the middle of
this site,and connecting to Paddington Road.However,when Front Range Village was
developed,many residents in English Ranch were opposed to that connection happening;
therefore,in 2011,Council chose to remove the collector street connection from the Master Street
Plan,though a local street connection was still a possibility in the future.When this ODP came
forth,English Ranch residents still broadly objected to a street connection through the new
development to Paddington;therefore,the developer proposed alternative compliance to provide
a bicycle and pedestrian only connection rather than a street connection.At that time,the access
onto Ziegler from the new development was to be a non-signalized channelized T intersection
further south.
Sizemore stated feedback has been received from neighbors that a signalized intersection at
Paddington and Ziegler is desired;however,the area that feeds Paddington is already built out
and it is unlikely there will ever be enough traffic at the intersection to warrant a signal without a
connection from Front Range Village through the ODP site to Paddington.He noted that when
the major amendment was being considered in March of this year,the developer had worked out
an arrangement to add a property allowing for the Ziegler access to shift north to align with Hidden
Pond Drive,and a signal would be warranted there.
Sizemore noted the two appeals question the alternative compliance determination that allows
the bicycle and pedestrian connection to Paddington rather than a full street connection in the
hopes that a full street connection would result in enough traffic to warrant a signal at Ziegler and
Paddington.He stated the two appeals contain a total of four allegations:failure to conduct a fair
hearing on the basis that the Planning and Zoning Commission substantially ignored previously
City of Fort Collins Page 149 City Council Proceedings
established rules of procedure,and three allegations related to failure to properly apply and
interpret the Land Use Code.
Regarding the failure to conduct a fair hearing allegation,Sizemore stated the Latzke appeal
states the Planning and Zoning Commission allowed the applicant to address the Commission
during a deliberation when considering a condition of approval after the Commission had made a
statement there would be no further testimony considered.The second appeal allegation relates
to whether the Commission failed to properly interpret and apply Sections 3.6.3(E)and 3.6.3(F)
of the Land Use Code,which deal with connectivity standards and alternative compliance,
specifically that the major amendment made changes to the original ODP to an extent that the
previously approved alternative compliance would no longer be applicable,that the alternative
compliance presents substantially different tradeoffs,considerations,and additional negative
consequences,that staff and the Commission should have been aware that the decision by
Council to remove Corbett Drive as a collector street could still result in a local street connection,
that the additional acreage incorporated with the major amendment creates new traffic mobility
considerations,and that the original alternative compliance should not have been continued.
Sizemore stated the third issue on appeal involves whether the Commission failed to properly
interpret and apply Land Use Code Section 1.2.2(K),with the specific allegation being that the
location of a traffic signal at Ziegler and Hidden Pond does not foster a rational or common sense
pattern of development as a signalized intersection would typically occur at arterial and collector
intersections.Sizemore noted this Section is part of the purpose statement of the Land Use Code,
and at the time the project was reviewed,neither staff nor the Commission considered it to be a
binding development regulation.
The fourth issue on appeal related to whether the Commission failed to properly interpret and
apply what was referred to in the appeal as City Code Policy LIV 4.2,which is actually City Plan
Policy LIV 4.2,with the specific allegation being that the major amendment does not continue
established block patterns and streets to improve access to services.Sizemore noted that at the
time this determination was made,Comprehensive Plans and Master Plans were advisory and
not binding or regulatory.
Mayor Arndt stated one evidentiary issue raised by the Joyal/Burnside notice of appeal contained
new evidence not in the record of the Planning and Zoning decision which was an equation
ostensibly from the Federal Highway Administration for calculating the traffic queue length on
page 9 of the notice and a map ostensibly depicting traffic patterns at the ODP site on page 10 of
the notice.She noted Council does not in general consider new evidence and no other
Councilmembers spoke in favor of considering this new evidence.Lacey Joyal,appellant,stated
that information was from some online research,but it will not be part of her presentation.
APPELLANT PRESENTATION
Craig Latzke commended Landmark Homes and Jason Sherrill.He noted he has no concerns
with the two non-controversial parts of the major amendment and stated the development is
improved by changing its street to align with Hidden Pond Drive.He stated the appeal aims to
get the streets correct and commented on the importance of local street connections within a
square mile section stating the approved major amendment violates all provisions related to those
connections.He stated full compliance with these provisions is readily feasible for the ODP by
including a local connection;therefore,it was inappropriate for the Planning and Zoning
Commission to approve the major amendment by relying on alternative compliance rather than
actual compliance.
Mr.Latzke stated traffic signal placement on Ziegler is important to get correct and a signal in the
area should be placed where it best serves adjacent neighborhoods as well as the new
development,where it fits into existing street patterns,and where it will align with the low-stress
City of Fort Collins Page 150 City Council Proceedings
bicycle connection at Paddington Road.He detailed the desirable condition and noted it was
spoken about favorably even by Commission members at the hearing.He stated it would provide
the new residential development with important local connectivity to the north,would provide
connectivity to the new development from existing neighborhoods,and would provide a long-
planned signal for three sizable neighborhoods at the existing intersection of Ziegler and
Paddington.Mr.Latzke stated the proposed signal location at Hidden Pond Drive would serve
only the new development and a small existing 13-house neighborhood,and its placement would
eliminate the possibility of ever having a signal at Paddington due to spacing issues.
Mr.Latzke stated that when the collector street connection was removed from the Master Street
Plan in 2010,Council made it clear that a local street connection to Paddington would be required
when this ODP parcel developed,though the ODP process seemed to misapply that intent and
dropped the local connection to Paddington.He stated staff were unable to seek guidance from
Council regarding the local connection for the ODP due to the need for policy decisions to happen
at public hearings,and because Council cannot be involved in the ODP process in order to
maintain impartiality as the decision-maker regarding any future appeals.Additionally,Mr.Latzke
stated the Commission’s discussion at the hearing revealed the members were not sure if they
could vote to approve the major amendment while also attaching requirements like the local
connection and a different signal location.He noted that of the six members present,four voted
to approve the major amendment despite making statements that they desired a different
outcome.
Mr.Latzke requested Council either modify the Planning and Zoning Commission’s approval to
include requirements for the local street connection and signal placement at Paddington or
overturn the approval along with providing guidance about these matters.Additionally,he stated
he would like to remove his allegation of an unfair hearing and he provided Council with a petition
of 88 signatures in support of his appeal.
Lacey Joyal concurred with Mr.Latzke’s comments related to Landmark Homes and Jason
Sherrill.She stated the goal of the appeal is simply to get the signal placement correct and
establish a connection between English Ranch and the ODP site.She stated moving the signaF
to Paddington is feasible with a street connection from English Ranch and noted the staff report
specifically stated that feasibility.She stated the ODP should be fully compliant with connectivity
standards and should not be allowed to rely on the alternative compliance for a bicycle and
pedestrian only connection.
Ms.Joyal stated staff felt,absent updated Council guidance,a local street connection would
duplicate a condition which stakeholders and Council had previously taken action to remove in
2010.She outlined some of the issues that were taken into consideration during the time of that
decision and stated Council agreed that future developers would have connectivity into English
Ranch and made a contractual agreement with Front Range Village that a connection from its
development through the ODP site to English Ranch would occur in the future.
Ms.Joyal commented on the importance of connectivity in the area and specifically noted
historically marginalized groups such as low-income households and seniors are suffering with
extra driving distances,reduced connectivity to schools and parks,and reduced access to
emergency services.She stated connecting the neighborhoods at Edmonds,as the Council
intended in 2010,would correct these issues and allow for the correct placement of the signal at
Paddington and Ziegler.She requested Council modify or remand the major amendment
decision,require full compliance with connectivity standards,and allow the developer a variance
if needed to place the signal at Paddington and Ziegler.
City of Fort Collins Page 151 City Council Proceedings
APPLICANT PRESENTATION
Bob Choate stated he understands the desire of the Woodland Park residents to have a light;
however,he stated it would be inappropriate to force that by granting the appeal and rejecting the
approval provided by the Planning and Zoning Commission.Regarding the appeal related to
Land Use Code Section 1 .2.2(K),Mr.Choate noted that section is advisory rather than regulatory,
per Sizemore’s statement.
Mr.Choate addressed the appeal allegations regarding Section 3.6.3,which includes regulatory
requirements related to connectivity.He stated the standards require a development plan that
appropriately distributes traffic to local streets and require stub streets to adjacent developable
parcels.He noted Landmark Homes is planning to build the street to the property line but cannot
control what happens off the property.
Regarding the City Plan policy LIV 4.2 relating to compatibility of adjacent development,Mr.
Choate stated the policy requires developments that share a property line with existing
neighborhoods to promote compatibility by continued established block patterns and streets to
improve access to services and amenities from the adjacent neighborhood,which is English
Ranch,whose residents have been opposed to the street connection.He stated there was never
a requirement for a local street connection or local vehicle access.
Mr.Choate stated the Landmark Homes development,Union Park,is in conformance with the
City’s goals for density and opening the connection would place a great deal of traffic into English
Ranch on a local street sized roadway.He stated there is no established block or street pattern
that requires a connection to Paddington.He suggested Council rely upon the expertise of the
individuals it has appointed to serve on the Planning and Zoning Commission.
Jason Sherrill,Landmark Homes,stated he has met with the appellants to attempt to work out a
solution;however,they were left with few options.He commented on the Union Park project and
stated it will be a compliment to the fabric of Fort Collins.He noted the original ODP was approved
with a channelized T intersection,which was not a favorite access design.Additionally,he stated
they did not want to file for alternative compliance,but it was suggested by the City and seemed
the appropriate thing to do as no English Ranch residents desired that full connection.
Mr.Sherrill commented on the acquisition of the Young property which created a better project
by removing the channelized T intersection and aligning the project with Hidden Pond Drive.The
associated traffic study for the amendment showed the need for a traffic signal at that intersection,
which the development is committed to fully funding.He stated that while there could be better
or equal value to a signal at Paddington,Code requires the light at Hidden Pond and the major
amendment was approved by the Planning and Zoning Commission.He reiterated he has no
control over Paddington or the Edmonds connection as they are not on his property and stated
there is currently no signal warranted at Paddington though there is one warranted at Hidden
Pond.He requested Council deny the appeal and allow the ODP to move forward noting any
further delay will increase costs.
APPELLANT REBUTTAL
Mr.Latzke stated part of the reason Paddington does not warrant a signal is due to the lack of
connectivity between Kingsley and Corbett.He stated Land Use Code Section 3.6.3 is very
specific in that it requires access to and from the proposed development from at least three arterial
streets,and this development would not have access to a third arterial,Horsetooth,without
connecting through English Ranch.Additionally,the Section requires multiple routes to existing
neighborhood centers,parks,and schools without the use of arterial streets,which would not be
the case without the Edmonds connection.
City of Fort Collins Page 152 City Council Proceedings
Mr.Latzke concurred Landmark Homes does not have control over off-site areas and stated he
would support having the stub out on the Union Park site until the property develops that would
make the full connection at Edmonds.He stated he is sensitive to the delay consideration and
encouraged Council to use any options it has at its disposal that would give the applicant clarity
sooner than others if it chooses to uphold the appeal.He reiterated the Planning and Zoning
Commission did not seem to be comfortable with the decision noting Vice Chair Stackhouse
stated she did not like the motion she made and she would prefer to see a connection from the
ODP to Paddington.
Ms.Joyal stated she did not necessarily concur with Mr.Sherrill’s comment that all the English
Ranch residents oppose the connection noting she received unsolicited emails from residents of
the neighborhood who also desire the signal at Paddington.She also noted the traffic study states
the only way to alleviate the left-hand turn delays at Paddington is to install a signal.
APPLICANT REBUTTAL
Mr.Choate stated Landmark Homes has designed the connection on its property for vehicular
access up to the property line.He suggested the Commission approve the major amendment
notwithstanding stated concerns is because this is the best option for what is within control of the
applicant.
COUNCIL QUESTIONS
Councilmember Pignataro asked if Council needs to act on the fair hearing issue Mr.Latzke
withdrew.City Attorney Daggett replied it would be beneficial for Council to make a motion finding
there was a fair hearing despite arguments on the topic not being presented.
Mayor Pro Tern Francis made a motion that Council find that the Planning and Zoning
Comrnission did conduct a fair hearing in its consideration of the Major Amendment to the
Ziegler-Corbett Overall Development Plan.Councilmernber Pignataro seconded the
motion.Yeas:Arndt,Francis,Ohlson,Peel,Canonico,Pignataro and Gutowsky.Nays:
none.
THE MOTION CARRIED.
Mayor Pro Tem Francis stated it makes the most sense to remand the decision back to the
Planning and Zoning Commission with the direction to be in full compliance with connectivity
standards and to disregard the alternative compliance.She stated connectivity between the
neighborhoods is important.
Councilmember Peel questioned what the Commission could do with the signal if the issue is
remanded.Tyler Stamey,City Traffic Engineer,stated current traffic volumes on Paddington do
not warrant a signal;however,adding the connection from the ODP site would likely add enough
traffic to the intersection of Paddington and Ziegler to meet that warrant.
Councilmember Ohlson asked staff if this motion provides enough direction.Ryan Mounce,City
Planner,replied there is an intervening parcel and while this project could make the connection
to the northern property boundary of its site,there is currently no public right-of-way to complete
the connection to Edmonds at this time and that would lead to a discussion around when
Paddington would potentially be signalized based on the timing of that connection.Additionally,
there would be questions around the interim condition for Ziegler Road access and whether it
remains full for this development.
City of Fort Collins Page 153 City Council Proceedings
Councilmember Ohlson stated he would like to see this project be considered swiftly without
cutting out any appropriate process.Sizemore replied that would be staff’s approach recognizing
this has been an ongoing process.
Mayor Arndt concurred the connectivity standards should apply,and the Commission needed that
direction from Council.
Mayor Pro Tern Francis made a motion that City Council remand this matter for a Planning
and Zoning Comrnission rehearing with the direction that on rehearing its approval of the
Major Amendment to the Ziegler-Corbett Overall Development Plan,the Planning and
Zoning Commission shall consider at minimum the following issues:coming into full
compliance with connectivity standards and removing alternative compliance.The
Planning and Zoning Commission shall make specific factual findings with respect to each
of these issues.In light of this remand,she further moved to dismiss the two appeals filed
by Lacey Joyal and Tamara Burnside together and by Craig Latzke with respect to any
other issue not addressed in the remand to the Planning and Zoning Commission.
Councilmember Canonico seconded the motion.Yeas:Arndt,Francis,Ohlson,Peel,
Canonico,Pignataro and Gutowsky.Nays:none.
THE MOTION CARRIED.
P)OTHER BUSINESS
OB 1.Possible consideration of the initiation of new ordinances and/or resolutions by
Councilmembers.
(Three or more mdi vidual 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:
Mayor Pro Tem Francis made a motion that Council adjourn this meeting until after the
completion of the Electric Utility Enterprise Board business.Councilmember Peel
seconded the motion.Yeas:Arndt,Francis,Ohlson,Peel,Canonico,Pignataro and
Gutowsky.Nays:none.
THE MOTION CARRIED.
0)ADJOURNMENT
There being no further business before the Council,the me1 was adiournjat l2y.m.
ATtEST:/
Cir-~r
City of Fort Collins Page 154 City Council Proceedings