HomeMy WebLinkAboutMINUTES-09/05/2023-RegularSeptember 5,2023
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
PP 1.Declaring September 9,2023 as Poudre Landmarks Foundation 39th Annual Historic
Homes Tour Day.
REGULAR MEETING
6:00 PM
B)CALL MEETING TO ORDER
Mayor Jeni Arndt called the regular meeting to order at 6:01 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
City Clerk Anissa Hollingshead
E)CITY MANAGER’S AGENDA REVIEW
City Manager Kelly DiMartino provided an overview of the agenda,including:
•All items on the consent agenda were recommended for approval.
•The items on the discussion agenda were reviewed.
City of Fort Collins Page 155 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.)
Kimberly Carracedo spoke representing young people in Fort Collins as well as New Era Colorado in
support of the elimination of U+2,and the challenges presented by the definition of family for students
and other young people.
Marsha Mulroney,Fort Collins resident,spoke about the choices made over the last 45 years before
being able to buy a home in Fort Collins in an HOA with protections for avoiding too much density,
and in opposition to changes in density rules in HOAs and existing neighborhoods.
Jeff Emmel,Fort Collins resident,spoke regarding land use code changes as the representative of a
townhouse cluster in the Landings and the impacts of changing regulations for short term rentals
without enforcement,and against similar effects from changes to U+2,stating one size does not fit all.
Stefanie Berganini,Fort Collins resident and chair of Democratic Socialists of America,Fort Collins
Housing Committee,spoke to urge the Council to repeal U+2,noting the work to fix this ordinance has
been undertaken for nearly 20 years without action and sharing reasons for repeal.
Connor M Flynn,Fort Collins resident and head of the Electoral Committee of the Fort Collins chapter
of the Democratic Socialists of America,spoke in support of the repeal of U+2,noting no level of
enforcement can avoid packed housing where necessity and property owners allow it to happen,
rendering U+2 unfunctional,as well as noting trying to limit occupancy pushes density out and causes
more greenhouse gases through more car trips.
Greg Zoda,graduate student at CSU and a co-chair of DSA Fort Collins,spoke against U+2 as well,
sharing it is something that is unenforceable to a large degree and the community would be better
served by thoughtful densification.Zoda also commented on the consent agenda item with the second
reading of the appropriation for encampment site cleanup pilot program,noting the actions taken
through that program are not the right approach.
Paul Anderson,Fort Collins resident,spoke about why he has supported the initiation and
strengthening of U+2 that has led to families moving into the neighborhood instead of landlords and
venture capitalists packing in students and running up the costs of housing.
Lloyd Walker spoke about the policies and programs in place under the U÷2 and how they contribute
to neighborhood character and build vitality and vibrancy throughout Fort Collins,arguing U+2 is
working across Fort Collins and sharing reasons how it does so as well as suggestions for refining the
current system.
Randolph Lippert,Fort Collins resident,shared a story from his time as an EMT in San Diego assisting
a 15 year old transgender woman who attempted suicide after being beaten by her parents for her
existence,noting the challenges U÷2 imposes on transgender individuals and others with marginalized
identities.
Nick DeSalvo,ASCSU President,shared a letter from all three branch heads of ASCSU,with
agreement from the entire organization on the direction desired to eliminate U+2,noting this is not
support to put this on the ballot but rather to take action at the Council level.DeSalvo also spoke to
the economic value students contribute to the city’s economy.
City of Fort Collins Page 156 City Council Proceedings
Sean McCoy,Fort Collins resident,spoke in support of the repeal or amendment of U+2,sharing data
from Corona Insights studies showing a 70%increase in rent from 2005 to 2018,as well as figures of
the high number of empty bedrooms in the city.
Madeleine Kamberg,Fort Collins resident,CSU student and small business owner with a family,noted
the issues of students and families have a lot of overlap and are not mutually exclusive.Kamberg
stated the policy is lazy,seeking to solve problems of noise,trash,etc.,caused by humans by limiting
humans,making enforcement something prime for discrimination and a violation of the 141
Amendment as well as the Colorado Constitution and the Fair Housing Act.
Eric Sutherland spoke regarding the second reading planned by the Electric Utility Enterprise Board
he stated constituted an additional $25 million bailout of Connexion without so much as a business
plan.
Oliver Vollmer,Fort Collins resident since 2019,spoke regarding U+2 and how it exacerbates the
affordability crisis in the city,urging Council to eliminate it.
Adam Eggleston,Fort Collins resident,spoke about U+2 and how all of the focus groups and other
evaluation of this tool shows it uses financial penalties to resolve behavioral issues,as well as noting
with the increasing costs of housing more populations will continue to be impacted by this policy,
including seniors.
Not on the sign-up list and name not given,spoke against U+2,noting it doesn’t work because it
cannot be enforced.
Rich Stave noted at the last meeting he had questions about the bond issue that staff tried to answer
but did not actually address what he was asking.Stave asked if it was an accurate understanding of
how money is flowing from the Electric Utility and who is paying the interest on the bonds.
Alex Scott,Fort Collins resident,spoke in support of the Council repealing U+2 and shared
calculations of the average costs to a renter over the course of a four-year college term,with increased
savings of $9280 to an individual with a small increase in allowed occupancy,which would enable
more of a cushion and helping to avoid homelessness.
Public comment concluded at 6:55 p.m.
H)PUBLIC COMMENT FOLLOW-UP
Councilmember Julie Pignataro asked for staff to respond to the concerns raised regarding the bond
issuance for Connexion.Chad Crager stated the interest on the bonds being issued is being paid from
Connexion customer revenue.Crager also noted there is a resident feedback group for Connexion
with which financial estimates and planning have been shared.Crager committed to following up with
a memo when the process of reviewing bond accreditation is complete.
Councilmember Pignataro also asked for some additional information about the site cleanup process.
Assistant City Manager Rupa Venkatesh shared the teams involved in cleanup process,including the
Police HOPE Team with special training and Outreach Fort Collins,and how engagement occurs when
individuals experiencing homelessness are present at the time of a cleanup,although noting that in
most instances clean-up is occurring at sites that have been abandoned.
Councilmember Pignataro then thanked community members for coming out to comment on U+2.
City of Fort Collins Page 157 City Council Proceedings
Councilmember Susan Gutowsky referenced comments made about some of those present who are
older and comfortable,and don’t have the same kinds of responsibilities,and how those comments
can be disparaging and walk the line on ageism,encouraging everyone to stay to the facts and avoid
calling names.
Clerk’s Note:Mayor Arndt called for a break at 6:53 p.m.The meeting resumed at 7:06 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 August 8,2023 Special Meeting and the
August 15,2023 Regular Meeting.
The purpose of this item is to approve the minutes of the August 8,2023 special meeting and the
August 15,2023 regular meeting.
Approved.
2.Second 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.
This Ordinance,unanimously adopted on First Reading on August 15,2023,appropriates 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
cap ital projects.
There was an error in the Ordinance on First Reading in Section 2 The appropriation amount
expressed in words did not match the numerical value.The numerical value was correct and
reflected throughout the Ordinance.The appropriation amount expressed in words has been
updated to match the numerical value.
Adopted on Second Reading.
3.Second Reading of Ordinance No.105,2023,Appropriating Prior Year Reserves in the
General Fund to Continue the Encampment Site Cleanup Pilot Program.
This Ordinance,unanimously adopted on First Reading on August 15,2023,appropriates
$200,000 in additional funds to continue the encampment 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
Januaiy 2023 with the recognition that additional funds would be needed if this pilot program
achieved desired results.
Adopted on Second Reading.
City of Fort CoIllns Page 158 City Council Proceedings
4.Second Reading of Ordinance No.106,2023,Making Supplemental Appropriations from
the 2023 Colorado Opioid Settlement Funds for Use by the Municipal Court.
This Ordinance,unanimously adopted on First Reading on August 15,2023,appropriates
$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 Second Reading.
5.Second 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.
This Ordinance,unanimously adopted on First Reading on August 15,2023,appropriates funds
from the reserves in the Are 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 Second Reading.
6.Second Reading of Ordinance No.108,2023,Appropriating Prior Year Reserves in the
General Fund for the Purchase of Police Radios.
This Ordinance,unanimously adopted on First Reading on August 15,2023,requests 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 Second Reading.
7.Second 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.
This Ordinance,unanimously adopted on First Reading on August 15,2023,appropriates 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 Con ferencing 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 Second Reading.
8.First Reading of Ordinance No.110,2023,Appropriating Prior Year Reserves and
Philanthropic Revenue Received Through City Give for The Carnegie Center for Creativity
as Designated by the Donors.
The purpose of this item is to request appropriation of $100,000 in philanthropic revenue received
through City Give for The Carnegie Center for Creativity as designated by the donors.
City of Fort Collins Page 159 City Council Proceedings
In 2019,City Give,a formalized enterprise-wide initiative was aunched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
Adopted on First Reading.
9.Items Related to the Implementation of a Strengthening Mobility and Revolutionizing
Transportation (SMART)Grid Electric Vehicle Charge Management Solution.
A.Resolution 2023-O77Authorizing the Execution of an lntergovernmentalAgreement Between
the City of Fort Collins and the U.S.Department of Transportation for Implementation of a SMART
Grid Electric Vehicle Charge Management Solution.
B.First Reading of Ordinance No.111,2023,Making a Supplemental Appropriation of Grant
Funds from the U.S.Department of Transportation SMART Grants Program in Support of the City
of Fort Colllns Electric Vehicle Fleet.
The City successfully applied for $1,059,037 under the U.S.Department of Transportation
(USDOT)SMART Grants Program to support implementing a SMART Grid Electric Vehicle (EV)
charge management solution to control usage of City owned EV chargers to reduce energy
consumption (the SMART Grid Project).
The purpose of this item is to support this project by:
•Authorizing the Mayor to execute an Intergovernmental Agreement (IGA)with the USDOT for
implementing the SMART Grid Project;and
•Appropriating $1,059,037 of unanticipated grant revenue from USDOT.
Adopted Resolution and Adopted Ordinance on First Reading.
10.First Reading of Ordinance No.112,2023,Making Supplemental Appropriations and
Authorizing Transfers for the “Planning to Implement Future Innovation Zones”Project.
The purpose of this item is to develop the Innovation Zones Project Plan by:
•Appropriating $50,000 of unanticipated grant revenue,awarded by the Colorado Department of
Transportation’s Office of Innovative Mobility;and
•Utilizing matching funds in the amount of $10,000 from existing 2023 appropriations into this
new grant project.
Adopted on First Reading.
11.First Reading of Ordinance No.113,2023,Making Supplemental Appropriations and
Authorizing Transfers for the City of Fort Collins Electric Vehicle Readiness Roadmap
Update.
The purpose of this item is to update the City’s 2017 Electric Vehicle (EV)Readiness Roadmap
by:
•Appropriating $40,000 of unanticipated grant revenue,a warded by the Colorado Energy Office;
and
•Utilizing matching funds in the amount of $13,333 from existing 2023 appropriations into this
new grant project
Adopted on First Reading.
City of Fort Collins Page 160 City Council Proceedings
12.First Reading of Ordinance No.114,2023,Amending Various Sections of the Code of the
City of Fort Collins to Correct References to the Building Review Board and to Correct
References to Meeting Minutes Requirements.
The purpose of this item is to amend various sections of City Code.During the work of the Ad
Hoc Committee on Boards and Commissions,staff identified necessary edits to all reference to
the Building Review Board.Those references should be changed to the Building Review
Commission,which is in line with City Ordinance No.049,2021.Also,staff identified numerous
incorrect references to the requirement for various bodies to record meeting minutes.
Adopted on First Reading.
13.First Reading of Ordinance No.115,2023,Authorizing Conveyance of a Permanent Non-
Exclusive Utility Easement on Property Jointly Owned by the City and the City of Loveland
at the Northern Colorado Regional Airport for the AeroFNL Development.
The purpose of this item is to authorize a permanent non-exclusive utility easement over a portion
of the Northern Colorado Regional Airport property owned jointly by the City of Fort Collins and
the City of Loveland and leased by IC Loveland Investors,LLC,to allow for the installation and
maintenance of electrical infrastructure for the new AeroFNL development.
Adopted on First Reading.
14.Resolution 2023-078 Approving the Execution of the Fifth Amended Intergovernmental
Agreement Establishing the Larimer Emergency Telephone Authority.
The purpose of this item is to approve an agreement to amend and supersede an
intergovernmental agreement (IGA)establishing an “E91 1”Emergency Telephone Service.The
City is a party to an Intergovernmental Agreement (the “E-91 1 IGA”)dated November 14,1990,
which established a separate legal entity called the Larimer Emergency Telephone Authority
(“LETA’9.LETA is responsible for operating the emergency telephone service program (911)and
defining how each of the parties will participate in the Authority.The LETA Board of Directors
recently approved an amended E-91 1 IGA to expand services and representation in LETA
operations into Jackson County.This Resolution approves execution of the Fifth Amended
Intergovernmental Agreement for the Establishment of the Larimer County Emergency Telephone
Authority.
Adopted.
15.Resolution 2023-079 Amending the Existing Intergovernmental Agreement Between the
City of Fort Collins and the Colorado Department of Transportation for the Reconstruction
of the US 287 and Troutman Traffic Signal to Extend the Agreement’s Expiration Date.
The purpose of this item is to extend the expiration date of an existing Intergovernmental
Agreement (“IGA’)with the Colorado Department of Transportation (“CDOT”)that is set to expire
on September 11,2023,to September 11,2025.This date will allow for staff to complete the work
and receive the full $250,000 reimbursement amount identified in the IGA.
Adopted.
City of Fort Collins Page 161 City Council Proceedings
16.Resolution 2023-080 Adopting Findings of Fact in Support of the City Council’s Decision
on Appeal to Remand the Planning and Zoning Commission Approval of a Major
Amendment to the Ziegler-Corbett Overall Development Plan.
The purpose of this item is to make findings of fact and conclusions regarding Council’s decision
at the August 15,2023,appeal hearing to remand the Planning and Zoning Commission decision
to approve the Ziegler-Corbelt Overall Development Plan Major Amendment back to the Planning
and Zoning Commission for further consideration.
Adopted.
17.Resolution 2023-081 Making an Appointment to the Human Relations Commission.
The purpose of this item is to fill a vacancy on the Human Relations Commission.
Adopted.
Mayor Pro Tern Francis moved,seconded by Councilmember Pignataro,to approve the
recommended actions on items 1-17 on the Consent Calendar.
The motion carried 7-0.
K)CONSENT CALENDAR FOLLOW-UP
Councilmember Shirley Peel mentioned how item 8 for funding closing the gap for the Carnegie
Foundation,noting she was able to tour that building and see the renovation being done there.
Councilmember Susan Gutowsky also shared how also taking a tour of the facility was impressive,
and demonstrated how the renovation is taking the building down to the bones to show off its
architecture.
Mayor Jeni Arndt congratulated Kevin Goff on being appointed to the Human Relations Commission.
Councilmember Kelly Ohlson noted items 9-11 include actions relating to electric vehicles that all
indicated board and commission involvement is not applicable when there are City advisory boards
that would be appropriate to consult with on these sorts of matters.
L)STAFF REPORTS
None.
M)COUNCILMEMBER REPORTS
Councilmember Susan Gutowsky
•The Behavioral Health Policy council met recently about the Longview Mental Health Facility
that will be opening this month after being funded through a tax initiative in 2018.The first
patients will be served beginning in December.She also noted this year over $2,800,000 were
distributed through the tax that was implemented,noting it is an efficient process for distributing
this money.
City of Fort Collins Page 162 City Council Proceedings
Councilmember Shirley Peel
•At a recent listening session,Code Compliance staff and the Police HOPE team were present
to help answer resident questions and concerns.She shared appreciation for the staff who
participated.
•The Chamber is celebrating Small Business September.
N)CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
None.
Clerk’s Note:Mayor Arndt called for a 15-minute break at 7:10 p.m.The meeting resumed at
7:25 p.m.
0)CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
18.Items Relating to City Council’s Direction to Address Existing Occupancy Regulations.
A.Possible Public Hearing and Motion(s)Regarding Protest(s)of Ballot Language.
B.Resolution 2023-082 Directing City Staff to Prepare and Present to Council Amendments to
the City of Fort Collins Land Use Code Increasing Limits on Occupancy in Residential
Dwellings.
C.Resolution 2023-083 Referring to the Registered Electors of the City of Fort Collins Resolution
2023-082,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 Tuesday,September
5,2023,at noon.Protest(s)shall be heard,considered and resolved by the Council prior to
adoption of the related Resolution.If protests are received,copies will be included in Council’s
“Read Before the Meeting”packet
Senior Project Manager Sylvia Tatman-Burruss introduced the item and presented as set forth in
the slide deck in the agenda packet.Assistant City Attorney II Aaron Gum was also available for
questions as part of the presentation and discussion.
PUBLIC COMMENT
Rich Stave spoke about how this is an emotionally charged issue but fails to see how it will save
anyone money.Regarding assertions that the current ordinance is unenforceable,a similar
argument could be made about speed limits since people still speed,but those people are taking
a risk of enforcement and fines.Stave also stated it has been heard that CSU increased
enrollment without increasing available student housing,and it shouldn’t be the community’s issue
to solve.
COUNCIL DISCUSSION
Councilmember Pignataro asked how a June 2024 timeframe was established.Tatman-Burruss
noted it was based on time for community engagement as well as preparing materials for Council.
Pignataro followed up by asking what we would expect to see and be looking for in choosing
additional time for community engagement.
City of Fort Collins Page 163 City Council Proceedings
Mayor Pro Tern Francis noted prior studies have been mainly about the impact of U+2 and who
is violating it,but we haven’t done studies on potential options for adjustments.Ginny Sawyer
noted the interpretation of previous studies is correct,while we haven’t looked at more nuanced
options like an extra occupancy program.
Councilmember Pignataro noted there are things we know as a Council are totally wrong,like
having the government define family and that shouldn’t wait 6 months.There was discussion
about the potential to take action in two parts.
Mayor Arndt noted she has been talking to a lot of people since the excellent discussion by the
Council at the previous meeting.She voiced support for directing staff to prepare potential actions
for Council but not to refer something to the voters at this time,rather considering passing an
ordinance that could then be referred to the voters.
Councilmember Peel asked to clarify if there are things that could be done immediately,could it
be possible to pass proposed Resolution 2023-083,and bring things incrementally that could be
passed immediately.
Councilmember Ohlson asked for a clarification noting the timing indicates a no later than time
but doesn’t require it to wait until that time.He spoke in support of keeping actions together on
this mailer.
Councilmember Canonico voiced support for Resolution 2023-083 rather than referring the
subject to the ballot.
In response to a question about whether the resolution is necessary for work to continue,City
Manager Kelly DiMartino stated there is a clear direction from at least three Councilmembers from
this conversation to proceed with this work and also noted the timing indicated was driven by
providing options that ensure there is ample time to make next year’s ballot if desired.
Councilmember Gutowsky voiced support for referring it to staff,and wondered if taking action by
resolution would provide more clarity to the next Council.
Councilmember Ohlson spoke as someone who has and will support U+2,and who will be on the
next Council,he is committed to working on this.
Mayor Pro Tem Francis stated a preference for a formal action with a timeline via the resolution.
Councilmembers Peel and Canonico stated their agreement in support of the resolution.
Mayor Pro Tern Francis moved,seconded by Coundilrnember Peel,to adopt on first
reading Resolution 2023-082 Directing City Staff to Prepare and Present to Council
Amendments to the City of Fort Collins Land Use Code Increasing Limits on Occupancy in
Residential Development.
Councilmember Ohlson stated he will not be supporting the resolution,as it presumes the action
that will be taken rather than moving forward with exploratory work and shared regarding the
history of the development of the current form of U+2 in response to neighborhood issues.He
also stated a commitment to fixing the definition of family in a way that does not just serve to
increase the number of allowed residents.
Councilmember Canonico stated support for having staff bringing this forward with options that
can address the concerns of Councilmember Ohlson’s area while noting this is something
affecting all neighborhoods in the city.
City of Fort Collins Page 164 City Council Proceedings
Mayor Pro Tern Francis asked for follow up on if we actually have numbers around increased
CSU enrollment versus the city’s population.She also noted this resolution doesn’t presume what
will be brought to Council for consideration but rather says Council is committed to looking at
options to increase occupancy.
Councilmember Peel stated agreement with Councilmember Ohlson’s concerns while feeling like
the process remains open to looking at different ideas to address this issue,which was also
reiterated by Mayor Arndt.
Councilmember Gutowsky reiterated belief that a resolution is not required and therefore will not
be voting for it.
Councilmember Peel commended community members for coming forward to share their views
as well as potential solutions and encouraged people to continue sharing solutions.
Councilmember Ohlson reiterated he won’t support by the resolution but remains committed to
working with the Council on shared solutions to this issue.
The motion to Adopt Resolution 2023-082 carried 5-2.
Ayes:Mayor Arndt,Mayor Pro Tem Francis,Councilmembers Peel,Canonico,and
Pignataro.
Nays:Councilmembers Gutowsky and Ohison.
No motion was made regarding Resolution 2023-083.
19.First Readin9 of Ordinance No.116,2023,Amending the Land Use Code Regarding
Buffering Between Buildings with Occupiable Space and Oil and Gas Facilities.
Based on Council direction during the October25,2022,Work Session discussion and the April
2023 adoption of Ordinance No.151,2022 for new oil and gas well sittings,staff seek to update
the reverse setback development standards (LUC 3.8.26)to reflect recent changes in the
Colorado Energy and Carbon Management Commission (ECMC)regulations,recently
adopted Ordinance No.151,2022 -AMENDING THE LAND USE CODE TO REGULATE OIL
AND GAS FACILITIES AND PIPELINES,and lessons learned over the past 4 years,including:
•Apply reverse setback buffers to all occupiable buildings,not just residential uses;and
•Explicitly state required setback buffers,rather than refer generally to ECMC rules;and
•Create a more predictable pathway for abandoned/inactive well types;and
•Eliminate the buffer exemption for crossings of arterial roadways.
Interim Senior Manager,City Planning Clay Frickey introduced the item before turning the
presentation over to Senior Environmental Planner Kirk Longstein who presented as set forth in
the slide deck in the agenda packet.Also present to assist with questions was Assistant City
Attorney Brad Yatabe.
PUBLIC COMMENT
Bill Swalling,Centennial resident,spoke of concerns of impact to existing communities and not
being able to put playgrounds in these areas.
Rich Stave stated in trying to read through materials he didn’t follow everything,but in the
presentation tonight had questions about if these proposals are in areas currently within city limits
or that may in the future be in the city limits.
City of Fort Collins Page 165 City Council Proceedings
COUNCIL DISCUSSION
Councilmember Pignataro stated there is a lot of very technical material provided for this item,
which she also followed when it was before the Air Quality Advisory Board.Regarding the 2018
Environmental Site Assessment related to Country Club Reserve,knowing that all our
recommendations request a new site assessment after 5 years she asked the purpose of
providing one that is 5 years old.Planner Longstein indicated the purpose is letting the public
know we have no evidence to believe there are elevated hydrocarbons related to these wells,and
to demonstrate the type of information we are seeking to require as part of this code.
Pignataro indicated the presentation has an updated slide 12 with updated options but asked to
step back for a bit so staff can talk about the why about why we are looking at this and why now.
Longstein indicated this was a suggested workstream in 2022 given the rulemaking happening
then at the state and associated emerging literature.Staff is continuing to pursue this because
there is evidence to show there is some level of risk for community members that live within
proximity to active wells,with emerging literature about these impacts.There are setbacks that
are in place of 500 feet,while based on what is happening at the state and in other Front Range
communities,these recommendations increase that distance.
Councilmember Pignataro stated she does not see an argument for removing the point-of-sale
disclosure requirement,and asked if there are things she is missing.Longstein indicated this was
a discussion at the Planning and Zoning Commission including how someone would know if they
were in the vicinity of a well.
Councilmember Gutowsky asked for staff clarification on where this requirement would be
removed.Longstein indicated it would remove the requirement from City Code and leave the
general Sellers Disclosure Statement that does include environmental sections.
Mayor Pro Tem Francis asked about how prescriptive the disclosure requirements are.Longstein
indicated it requires 14-point font on a standalone document.Francis asked from a health and
safety perspective what the point is of prohibiting a park in existing communities when residents
already live there and will be outside.Longstein indicated the policy intent was to address larger
scale types of gathering places that could draw in additional people to the area.
Councilmember Peel thanked staff for the table put together and provided in the materials
provided in that day’s read before packet.Peel asked why there is a 2000-foot setback for injection
wells that are not above ground.Longstein indicated there were a number of conversations about
this in particular,including expert testimony at the Planning and Zoning Commission.These types
of wells are regulated by a federal statute and the EPA has the technical guidance around them
which defines the zone of endangering influence,which led to the suggestion of a modification to
the 2000-foot setbacks if an applicant provides additional information through the modification
process.The injection wells present potential concerns with soil,grass,groundwater and surface
water impacts.
Councilmember Peel clarified state statute does not have reverse setbacks.Peel then asked if
this is just for new development and if the wells in the part of the city are in developed areas or
areas already under development,what is being excluded?Longstein indicated new development
applications could include areas with abandoned and unplugged wells such as Montava,the
property south of Mountain Vista,as well as a small number of other areas.
Mayor Arndt asked what the practical impacts of these regulations would be if they were only
applied to new development.Frickey indicated the focus of this conversation is on development
in buffer zones where there may not be awareness of potential health risks.
Councilmember Canonico asked with the potential for rule 211 hearings to close wells,how many
wells would then remain unplugged in the city.Longstein indicated this is a new process and the
City has been in conversation with other government entities about moving forward with
applications but there is not have a good sense of timing.If the hearings are successful,it is not
City of Fort Collins Page 166 City Council Proceedings
yet known how the funding would go although there is an assumption the Prospect Energy funding
for this would be utilized.Canonico advocated for delaying until we have that hearing.
Councilmember Peel clarified the distinction between dry wells that were never producing,as well
as a plugged and abandoned well.The intent of making the setback 150 feet for fully reclaimed
wells was to incentivize this as a policy objective.
Councilmember Pignataro asked if this is delayed six months,would the process of adopting
reverse setbacks have to start over.Longstein indicated since there was existing ordinance
language developed,that could be brought forward again in the same or similar format if Council
did not direct changes before it was considered again.
Councilmember Gutowsky asked for clarification on the Saunders project.Longstein indicated
their application was considered complete in late August and would be considered under the
existing standards.
Councilmember Ohlson shared frustration with how long Council wrestles with health and safety
issues,noting staff supports moving forward tonight,as does Planning and Zoning Commission
7-0,as does the Natural Areas Advisory Board as well as other bodies,which actually points out
how weak this proposal is and recommends several additional changes.
Councilmember Canonico stated she is not opposed to this but has consideration for people
already living within these setbacks and would like to see a resolution.
Mayor Arndt concurred,and also reiterated her support for buying out these wells and plugging
them for the good of the community.
Councilmember Ohlson stated opposition to excluding existing homes due to the health and
safety concerns.
Mayor Pro Tem Francis requested clarifications regarding the ECMC 211 hearing process and
timing.Longstein indicated it would take 4-6 months to schedule a hearing,and then a decision
would need to be made and the wells then plugged and abandoned and inspected.Once wells
were plugged and abandoned,the reverse setback would change to 150 feet.
Councilmember Ohlson asked what led to developing the 150-foot setback for plugged and
abandoned wells.Longstein shared peer city setback buffer comparisons and indicated it was a
suggestion from industry working in that field that is the distance needed for equipment to access
the site.
In response to a prompt from Councilmember Pignataro,Longstein provided an overview of the
discussion and information shared at the Air Quality Advisory Board meeting regarding the
recommendation for a 5-year span for testing of plugged and abandoned wells,rather than
continuing in perpetuity.
There was discussion amongst the Council regarding areas of consensus for taking action.
Mayor Pro Tern Francis moved,seconded by Councilrnember Ohison,to adopt on first
reading Ordinance Na 116-2023 Amending the Land Use Code Regarding Buffering
Between Buildings with Occupiable Space and OH and Gas Facilities.
Councilmember Pignataro requested clarification of what would practically be different before
moving forward with option 1 versus option 2a.
The motion carried 6-1.
Ayes:Mayor Arndt,Mayor Pro Tern Francis,Councilmembers Ohlson,Canonico,
Pignataro,and Gutowsky.
Nays:Councilrnember Peel.
Clerk’s Note:Mayor Arndt called for a 10-minute break at 9:35 p.m.The meeting resumed
at 9:48 p.m.
City of Fort Collins Page 167 City Council Proceedings
20.Items Implementing Recommendations from the Ad Hoc Committee on Boards and
Commissions.
A.First Reading of Ordinance No.117,2023,Amending Chapter 2,Article Ill,Division 1 of the
Code of the City of Fort Collins to Add City Council Liaison Responsibilities.
B.First Reading of Ordinance No.118,2023,Amending Chapter 2,Article Ill,Division 2 of the
Code of the City of Fort Collins to Modify Type 1 Advisory Board Composition and Functions
and Eliminate One-Year Terms.
C.First Reading of Ordinance No.119,2023,Amending Chapter 2,Article Ill,Division 3 of the
Code of the City of Fort Collins to Ellminate One-Year Terms of Type 2 Advisory Boards.
D.First Reading of Ordinance No.120,2023,Reorganizing Chapter 2,Article VII,Divisions 1
and 2 of the Code of the City of Fort Collins to Consoildate the Ethical Rules of Conduct and
Board of Ethics Sections with a Complaint Process for Violations of the Code of Conduct.
E.Resolution 2023-084 Approving Amendments to the Respectful Workplace Policy and
Renaming it the Anti-Discrimination and Anti-Harassment Policy.
F.Resolution 2023-085 Approving a Code of Conduct for City Coundilmembers and Board and
Commission Members.
C.Discussion and Direction to Staff Regarding Ex-officio Members.
The purpose of these items is to consider resolutions and amendments to various divisions of
Chapter 2 of the Municipal Code to reflect the recommendations of the Ad Hoc Committee on
Boards and Commissions.
Assistant City Manager Rupa Venkatesh introduced the item and then presented as set forth in
the slide deck in the agenda packet.Also present for questions were Public Engagement
Specialist Davina Lau and Senior Assistant City Attorney Jenny Lopez Filkins.
PUBLIC COMMENT
Stefanie Berganini,Fort Collins resident,shared appreciation for these recommendations,
including shifting to minimum of two-year terms;adding an ex-officio member of the Affordable
Housing Funding Board from Housing Catalyst;and the broader definition of what gender looks
like in the reshaping of the Women and Gender Equity Board.
Rich Stave,Fort Collins resident,commented regarding the term ex officio and suggested instead
of making ex officio members,there should be equal opportunity for the public to attend board
meetings.Stave also brought forward the issue of Super Board meetings and the need to ensure
the general public is allowed to attend with proper meeting announcements.
COUNCIL DISCUSSION
Councilmember Pignataro asked about public comment at board meetings and if there were
recommendations to be incorporated for time limits for comments.Staff indicated that
recommendation would be incorporated in the Boards and Commissions manual that will come
to Council for adoption on September 19.
In response to a question from Council,Specialist Lau indicated all board and commission
meetings,including Super Issue meetings,are publicly noticed on the City event calendar and
open to the public to attend,although there may not always be public comment.
City of Fort Collins Page 168 City Council Proceedings
Mayor Pro Tern Francis stated support for rernoving the addition of ex officio members to boards
at this time until there is a consistent policy developed before the end of the year.Mayor Arndt
concurred.
Councilmember Ohison shared appreciation for the suggestion on ex officio members.Ohlson
also shared he would not be voting for Ordinance 117 because of concerns about changes to the
Council liaison responsibilities and number 3 dirninishing the role of the second member of an
interview team.There was discussion by the Council on this point.
Mayor Pro Tern Francis moved,seconded by Councilmember Canonico,to adopt on first
reading Ordinance Na 117-2023 Arnending Chapter 2,Article Ill,Division I of the Code of
the City of Fort Collins to Add City Council Liaison Responsibilities.
The motion carried 6-1.
Ayes:Mayor Arndt,Mayor Pro Tem Francis,Councilmembers Peel,Canonico,Pignataro,
and Gutowsky.
Nays:Councilmember Ohlson.
There was discussion around how to handle ex officio members,both currently in the code and
recommended for addition to the code.Councilmernbers discussed removing all ex officio
members frorn any board and commission until a consistent policy is developed.
Mayor Pro Tern Francis rnoved,seconded by Councilmember Gutowsky,to adopt on first
reading Ordinance No.118-2023 Amending Chapter 2,Article Il,Division 2 of the Code of
the City of Fort Collins to Modify Type 1 Advisory Board Composition and Functions and
Eliminate One-Year Terms,with the additional change to amend section 2-114 to change
the number of members of the Women and Gender Equity Board from 9 to 7 and to remove
all references to ex officio members.
The motion carried 7-0.
Mayor Pro Tem Francis moved,seconded by Councilmember Gutowsky,to adopt on first
reading Ordinance No.119-2023 Amending Chapter 2,Article Ill,Division 3 of the Code of
the City of Fort Collins to Eliminate One-Year Terms of Type 2 Advisory Boards.
The motion carried 7-0.
Mayor Pro Tern Francis moved,seconded by Coundilmember Canonico,to adopt on first
reading Ordinance No.120-2023 Reorganizing Chapter 2,Article VII,Divisions land 2 of
the Code of the City of Fort Collins to Consolidate the Ethical Rules of Conduct and Board
of Ethics Sections with a Complaint Process for Violations of the Code of Conduct.
The motion carried 7-0.
Mayor Pro Tem Francis moved,seconded by Councilmember Pignataro,to adopt
Resolution 084 Approving Amendments to the Respectful Workplace Policy and Renaming
it the Anti-Discrimination and Anti-Harassment Policy.
The motion carded 7-0.
City of Fort Collins Page 169 City Council Proceedings
Councilmember Ohison shared concerns regarding Resolution 2023-085.
Mayor Pro Tern Francis rnoved,seconded by Councilrnernber Gutowsky,to adopt on first
reading Resolution 085 Arnending the Land Use Code to Include Regulations for Areas and
Activities of State Interest,including staff recornrnendations of 2a and2 b.
The rnotion carried 6-1.
Ayes:Mayor Arndt,Mayor Pro Tern Francis,Councilrnernbers Peel,Canonico,Pignataro,
and Gutowsky.
Nays:Councilrnernber Ohison.
21.First Reading of Ordinance No.121,2023,Amending the Land Use Code to include
Regulations for Making Water Adequacy Determinations.
The purpose of this item is to adopt Land Use Code provisions to add specific regulations outilning
how the City will make water adequacy determinations for development The proposed
regulations are divided into three different categories for:(1)established potable water supply
entities;(2)new,or other potable water supply entities;and,(3)non-potable water supply entities.
The goals of these changes include:complying with Colorado state statutory requirements
(Section 29-20-30 1,et seq.,C.R.S.);ensuring development has an adequate water supply;
providing City staff with guidance to make these determinations and applicants with certainty on
the requirements;and ensuring that growth and development in the City occur in a planned and
coordinated manner.Other than minor,non-substantive clarifications,the proposed regulations
are the same as those discussed at the June 6,2023,Work Session.The Planning &Zoning
Commission has recommended adoption of the proposed regulations (4-2 vote).
PDT Deputy Director Paul Sizemore introduced the item before turning the presentation over to
Interim Planning Manager Clay Frickey who presented as set forth in the slide deck in the agenda
packet.Also present for questions were Assistant City Attorney Eric Potyondy and Senior City
Attorney Brad Yatabe.
PUBLIC COMMENT
Rich Stave,Fort Collins resident,suggested tossing this ordinance out as it doesn’t seem to add
value for Fort Collins residents.Water is always going to be an issue.
Mike Schied,General Manager East Larimer Water District (ELCO),stated appreciation for the
additional work and staff collaboration on this item and support for its current state.
COUNCIL DISCUSSION
Councilmember Peel asked to confirm that existing water provider entities would not be charged
in the development review process,but a new provider would.Staff confirmed a new provider
would need to pay a review fee to cover staff work to evaluate their application.Peel commended
staff in pulling this packet together well organizationally in presenting the information and different
views and inputs.
Mayor Arndt asked how in the 1041 process we are adding bureaucracy and time,and whether
there would be a time limit on this process?Staff confirmed there would be,and clarified how staff
would take a consultant’s report and review that and all of this would be done during the course
of the development review process.
Councilmember Gutowsky asked if there is a plan in place for default by a developer as a new
water provider?Staff indicated that would be a pretty unprecedented scenario but would think it
City of Fort Collins Page 170 City Council Proceedings
may be possible to see if the existing provider would like to take it over.It was emphasized that
the financial analysis and review component is essential.
Mayor Pro Tern Francis moved,seconded by Coundilmember Ohison,to adopt on first
reading Ordinance Na 12 1-2023 Amending the Land Use Code to Include Regulations for
Making Water Adequacy Determinations.
The motion carried 6-1.
Ayes:Mayor Arndt,Mayor Pro Tern Francis,Councilmembers Ohlson,Canonico,
Pignataro,and Gutowsky.
Nays:Coundilmember Peel.
P)OTHER BUSINESS
OB 1.Possible consideration of the initiation of new ordinances andlor resolutions by
Councilmembers.
(Three or more individual Coundilmembers may direct the City Manager and City Attorney to
initiate and move forward with development and preparation of resolutions and ordinances
not originating from the Council’s Policy Agenda or initiated by staff)
None.
OB 2.Consideration of a motion to cancel the Tuesday,November 7,2023,Regular Council
meeting:
“I move,pursuant to City Code Section 2-28(a),that Council cancel its regular meeting on
Tuesday,November 7,2023,due to the election that day.’
Mayor Pro Tern Francis rnoved,seconded by Councilmember Canonico,that Council
cancel its regular meeting on Tuesday,November 7,2023,due to the election that day.
The motion carded 7-0.
OB 3.Consideration of a motion to cancel the Tuesday,January 2,2024,Regular Council
meeting:
“I move,pursuant to City Code Section 2-28(a),that Council cancel its regular meeting on
Tuesday,January 2,2024.”
Mayor Pro Tem Francis moved,seconded by Councilmember Ohlson,that Council
cancel its regular meeting on Tuesday,January 2,2024.
The motion carried 7-0.
OS 4.Motion to adjourn this meeting until after the completion of the Electric Utility
Enterprise Board business:
Mayor Pro Tern Francis moved,seconded by Councilmember Ohlson,that Council
adjourn this meeting until after the completion of the Electric Utility Enterprise Board
business.
The motion carried 7-0.
City of Fort Collins Page 171 City Council Proceedings
The meeting adjourned to the Electric Utility Enterprise Board meeting at 11:03 p.m.
At 11:07 p.m.,following the Electric Utility Enterprise Board meeting,the Council meeting
resumed.The same members were present at the resumption of the meeting as in the initial
roll call.
0)ADJOURNMENT
There being no further business before
ATTEST:
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il,the meeting was adjourned at 11:07 p.m.
City of Fort Collins Page 172 City Council Proceedings