HomeMy WebLinkAboutAgenda - Mail Packet - 9/13/2022 - City Council Meeting Draft Summary Agenda - September 20, 2022Fort Collins City Council Agenda
Regular Meeting
6:00 p.m. Tuesday, September 20, 2022
City Council Chambers at City Hall, 300 Laporte Ave, Fort Collins, CO 80521
Zoom Webinar link: https://zoom.us/j/98241416497
NOTICE:
Regular meetings of the City Council are held on the 1st and 3rd Tuesdays of each month in
the City Council Chambers. Meetings are conducted in a hybrid format, with a Zoom
webinar in addition to the in person meeting in Council Chambers.
City Council members may participate in this meeting via electronic means pursuant to
their adopted policies and protocol.
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Meetings are open to the public
and can be attended in person
by anyone.
Meetings are televised live
on Channels 14 & 881 on cable television.
Meetings are livestreamed on
the City's website, fcgov.com/fctv
Upon request, the City of Fort Collins will provide language access services for individuals
who have limited English proficiency, or auxiliary aids and services for individuals with
disabilities, to access City services, programs and activities. Contact 970.221.6515 (V/TDD:
Dial 711 for Relay Colorado) for assistance. Please provide 48 hours advance notice when
possible.
A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para
personas que no dominan el idioma inglés, o ayudas y servicios auxiliares para personas
con discapacidad, para que puedan acceder a los servicios, programas y actividades de la
Ciudad. Para asistencia, llame al 970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por
favor proporcione 48 horas de aviso previo cuando sea posible.
Meetings are available through
the Zoom platform,
electronically or by phone.
Meeting agendas, minutes, and archived videos are available on the City's meeting portal at
https://fortcollins-co.municodemeetings.com/
Written comments can be mailed or dropped off at the City Manager's Office
at City Hall, at 300 Laporte Ave, Fort Collins, CO 80521
Email comments about any item on the agenda
to cityleaders@fcgov.com
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meeting, joining online or via phone.
During the public comment portion of the meeting and discussion items:
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just outside the Chambers.
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Comment in real time::
Full instructions for online participation are available at fcgov.com/councilcomments.
Join the online meeting using the link in this agenda to log in on an internet-enabled
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Hand' button.
Participate via phone using the call in number and meeting ID below:
Call in number: 720 928 9299
Meeting ID: 939 1075 7534
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any Council item must provide any such materials to the City Clerk in a form or format readily usable on the
City’s display technology no later than two (2) hours prior to the beginning of the meeting at which the
materials are to be presented.
NOTE: All presentation materials for appeals, addition of permitted use applications or protests related to
election matters must be provided to the City Clerk no later than noon on the day of the meeting at which the
item will be considered. See Council Rules of Conduct in Meetings for details.
City of Fort Collins Page 1 of 6 City Council Summary Agenda
City Council Regular
Meeting
Agenda
September 20, 2022 at 6:00 PM
Jeni Arndt, Mayor
Emily Francis, District 6, Mayor Pro Tem
Susan Gutowsky, District 1
Julie Pignataro, District 2
Tricia Canonico, District 3
Shirley Peel, District 4
Kelly Ohlson, District 5
City Council Chambers
300 Laporte Avenue, Fort Collins
& via Zoom at
https://zoom.us/j/98241416497
Cablecast on FCTV
Channel 14 on Connexion
Channel 14 and 881 on Xfinity
Carrie Daggett Kelly DiMartino Anissa Hollingshead
City Attorney City Manager City Clerk
PROCLAMATIONS & PRESENTATIONS
5:00 PM
A) PROCLAMATIONS AND PRESENTATIONS
PP 1. Proclamation Declaring September 17-23, 2022 as Constitution Week.
PP 2. Proclamation Declaring October 15-16 as The Cupboard’s 50th Anniversary Days.
PP 3. Proclamation Declaring October 1 as Tour de Corgi Day.
PP 4. Proclamation Declaring the Week of September 26 as Founded in FoCo Week.
PP 5. Proclamation Declaring September 15-October 15, 2022 as Hispanic/Latinx Heritage
Month.
PP 6. Proclamation Declaring October 9-15 as Fire Prevention Week.
REGULAR MEETING
6:00 PM
B) CALL MEETING TO ORDER
C) PLEDGE OF ALLEGIANCE
D) ROLL CALL
E) CITY MANAGER'S AGENDA REVIEW
• City Manager Review of Agenda
• Consent Calendar Review, including removal of items from Consent Calendar for
individual discussion.
City of Fort Collins Page 2 of 6
F) COMMUNITY REPORTS
1. Platte River Power Authority Report
G) PUBLIC COMMENT ON ANY TOPICS OR ITEMS OR COMMUNITY EVENTS
(Including requests for removal of items from Consent Calendar for individual discussion.)
Individuals may comment regarding any topics of concern, whether or not included on this agenda.
Comments regarding land use projects for which a development application has been filed should be
submitted in the development review process** and not to Council.
• Those who wish to speak are required to sign up at the table in the lobby, or online if participating
remotely.
• Each speaker will be allowed to speak one time during public comment. If a speaker comments on
a particular agenda item during general public comment, that speaker will not also be entitled to
speak during discussion on the same agenda item.
• All speakers are asked by the presiding officer to identify themselves by raising their hand (in
person or using the Raise Hand option on Zoom), and if in person then will be asked to move to one
of the two lines of speakers (or to a seat nearby, for those who are not able to stand while waiting).
Those participating online will be called to speak following those attending the meeting in person.
• The presiding officer will determine and announce the length of time allowed for each speaker.
• Each speaker will be asked to state his or her name and general address for the record, and, if
their comments relate to a particular agenda item, to identify the agenda item number. Any written
comments or materials intended for the Council should be provided to the City Clerk.
• A timer will beep one time and turn yellow to indicate that 30 seconds of speaking time remain and
will beep again and turn red when a speaker’s time has ended.
[**For questions about the development review process or the status of any particular development,
consult the Development Review Center page on the city’s website at , or contact the Development
Review Center at 970.221.6760.]
H) PUBLIC COMMENT FOLLOW-UP
I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION
CONSENT CALENDAR
The Consent Calendar is intended to allow council to spend its time and energy on the important items
on a lengthy agenda. Staff recommends approval of the Consent Calendar. Agenda items pulled from
the Consent Calendar by either Council or the City Manager will be considered separately under the
their own Section, titled “Consideration of Items Removed from Consent Calendar for Individual
Discussion.” Items remaining on the Consent Calendar will be approved by Council with one vote. The
Consent Calendar consists of:
• Ordinances on First Reading that are routine;
• Ordinances on Second Reading that are routine;
• Those of no perceived controversy;
• Routine administrative actions.
City of Fort Collins Page 3 of 6
1. Consideration and Approval of the Minutes of the September 6, 2022 Regular Meeting.
The purpose of this item is to approve the minutes of the September 6, 2022 Regular meeting.
2. Second Reading of Ordinance No. 090, 2022, Authorizing the Conveyance of an Emergency
Access Easement to Poudre Fire Authority on City-owned Real Property Located at 430 N.
College Avenue.
This Ordinance, unanimously adopted on First Reading on August 16, 2022, authorizes the
conveyance of an Emergency Access Easement (EAE) to Poudre Fire Authority (PFA) on City-
owned real property located at 430 N. College Avenue. The City leases this property, which is
the location of the Powerhouse Energy Campus, to the Colorado State University Research
Foundation (CSURF). CSURF has submitted plans to the City to make improvements to the
property to support a hydrogen fueling station and turbine generator. As a condition of approval,
the City, as property owner, is required to convey an EAE to PFA to support fire truck and
emergency equipment access, which is a common requirement for new development and
improvements on certain properties. Conveyance of the EAE is the final action needed for the
City’s Planning, Development, and Transportation Department to approve the project and issue
construction permits as CSURF has met all other lease and development review requirements.
3. Second Reading of Ordinance No. 095, 2022, Appropriating Philanthropic Revenue
Received by City Give for the 2022 Parks Independence Day Celebration and the 2022
Community Development and Neighborhood Services Urban Design Awards.
This Ordinance, unanimously adopted on First Reading on September 6, 2022, appropriates
philanthropic revenue designated for the 2022 Independence Day Celebration and for the 2022
Community Development and Neighborhood Services Urban Design Awards.
4. Second Reading of Ordinance No. 096, 2022, Conditionally Vacating a Portion of Coleman
Street Right-of-Way.
This Ordinance, unanimously adopted on First Reading on September 6, 2022, adopts the
conditional vacation of a portion of Coleman Street right-of-way that is no longer desirable or
necessary to retain for street purposes. The right-of-way area, once vacated, will be retained in
its entirety as a public utility and public access easement to the City. The right-of-way vacation
will be conditional upon the demolition of the existing street stub of Coleman Street and the
reconstruction of the vacated area as a landscape and pedestrian area. These conditions are
outlined in detail in the Ordinance.
5. First Reading of Ordinance No. xxx, 2022, Appropriating Unanticipated Revenue From
Philanthropic Donations Received Through City Give for Various City Programs and
Services as Designated by the Donors.
The purpose of this item is to request appropriation of $90,234.00 in philanthropic revenue
received through City Give. These miscellaneous gifts to various City departments support a
variety of programs and services and are aligned with both the City’s strategic priorities and the
respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent,
non-partisan governance structure for the acceptance and appropriations of charitable gifts.
City of Fort Collins Page 4 of 6
6. First Reading of Ordinance No. xxx, 2022 Authorizing a Grant to United Neighbors/Vecinos
Unidos for Nueva Vida/New Life Mobile Home Park f/k/a/ Parklane Mobile Home Park, and
Appropriating Funds Therefore.
The purpose of this item is to provide financial support to United Neighbors/Vecinos Unidos
(UN/VU), a non-profit 501(c)(3) corporation that recently acquired ownership of the Parklane Mobile
Home Park. On August 1, 2022, residents of the Parklane Mobile Home Park (Parklane MHP), with
the help of a newly formed nonprofit (United Neighbors/Vecinos Unidos, UN/VU), outbid a
commercial owner’s offer and purchased their park. With this purchase, residents of Parklane have
become one of only 6 mobile home parks in Colorado purchased by residents. UN/VU is seeking
City funding toward several urgent and necessary infrastructure repairs to the park. This item was
discussed at the September 1, 2022 Council Finance Committee.
7. Items Relating to the Peakview Annexation No. 1.
A. Resolution 2022-082 Setting Forth Findings of Fact and Determinations Regarding the
Peakview Annexation No. 1.
B. Public Hearing and First Reading of Ordinance No. XXX, 2022, Annexing the Property Known
as the Peakview Annexation No. 1 to the City of Fort Collins, Colorado.
The purpose of this item is to annex a 5.78-acre portion of private property that will be used for
the construction of Greenfields Drive, a future arterial street within the East Mulberry Corridor.
The property is a portion of the Peakview PLD which is currently being process by Larimer County
and is expected to petition for annexation as a condition of the County’s approval. The Initiating
Resolution was adopted on August 16, 2022. A related item to zone the annexed property is
presented as the next item on this Agenda.
8. Public Hearing and First Reading of Ordinance No. XXX, 2022, Amending the Zoning Map
of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in
the Peakview Annexation No. 1 to the City of Fort Collins
The purpose of this item is to zone the property included in the Peakview Annexation No. 1
Annexation into the General Commercial (C-G), Neighborhood Commercial (N-C) and Medium
Density Mixed Use Neighborhood (MMN) zone districts and placement into the LC1 and LC2
Lighting Context Areas.
9. First Reading of Ordinance No. xx, 2022, Authorizing the Release of Restrictive Covenants
on Property at 331 North Howes Street owned by Villages, Ltd.
The purpose of this item is to obtain authorization from City Council to release the Agreement of
Restrictive Covenants Affecting Real Property for the property located at 331 North Howes
Street. This property is owned by Villages, Ltd, a 501(c)(3) non-profit corporation managed by
Housing Catalyst. In exchange for repaying the original $3,000 in Community Development
Block Grant (CDBG) loan funds, the City will allow early release of a restrictive covenant which
would otherwise expire in 2023.
10. Resolution 2022-___ Supporting a Grant Application for Gray and Black Market Marijuana
Enforcement Funding for Fort Collins Police Services.
The purpose of this item is to obtain Council support for the City to apply for grant money to
support enforcement of gray- and black- market marijuana activity for Fort Collins Police Services.
END OF CONSENT CALENDAR
City of Fort Collins Page 5 of 6
J) ADOPTION OF CONSENT CALENDAR
K) CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on
items adopted or approved on the Consent Calendar.)
L) STAFF REPORTS
M) COUNCILMEMBER REPORTS
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION
O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
The method of debate for discussion items is as follows:
• Mayor introduced the item number and subject; asks if formal presentation will be made by staff
• Staff presentation (optional)
• Mayor requests public comment on the item (three minute limit for each person)
• Council questions of staff on the item
• Council motion on the item
• Council discussion
• Final Council comments
• Council vote on the item
Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure
all have an opportunity to speak. If attending in person, please sign in at the table in the back of
the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz
again at the end of the speaker’s time.
11. Public Hearing #1 on the 2023-24 Recommended Budget for the City of Fort Collins.
This is the first public hearing on the City Manager’s 2023-24 Recommended Budget for the City
of Fort Collins. The purpose of this public hearing is to gather public input on the 2023-24 budget.
To receive further public input, a second public hearing is scheduled for Council’s Tuesday,
October 4, 2022, regular meeting at 6:00 p.m. in Council Chambers with the option for remote
participation through the online Zoom meeting platform. Both hearings were set by Council
adoption of Resolution 2022-097 at its September 6, 2022, meeting. The City Manager’s 2023-
24 Recommended Budget can be reviewed at the City Clerk’s Office by appointment only and
online at fcgov.com/budget.
12. Appeal of 1802 North College Avenue City Landmark Eligibility for Development Review.
The purpose of this quasi-judicial item is to consider an appeal of the Historic Preservation
Commission’s (HPC) Decision on July 20, 2022, determining that the property at 1802 North
College Avenue, Pobre Pancho’s, is eligible as a Fort Collins Landmark and subject to the
provisions of Land Use Code 3.4.7. Appeals of quasi-judicial commission decisions are processed
under Municipal Code Chapter 2, Article II, Division 3. The Council is tasked, after considering the
evidence, to uphold, overturn, or modify the decision of the Historic Preservation Commission
(Sec. 2-56). The Council may also remand the matter to the HPC or an alternate decision-maker
in certain circumstances under Sec. 2-56.
A Notice of Appeal of the HPC’s decision was filed on August 3, 2022. The appellant, H and H
Properties, LLC, (H&H) appealed the decision on two grounds. First, H&H argues that the HPC
City of Fort Collins Page 6 of 6
considered evidence relevant to its findings which was substantially false or grossly misleading.
H&H alleges that at the HPC hearing, the Perez family “complained about the abrupt way in which
the Hauns shut down the restaurant,” stating that the closing was “in line with industry norms” and
that the restaurant’s closure is “irrelevant to whether the building is landmark eligible.” The
appellant also alleges that the hard-working personality of Frank Perez, the restaurant’s founder,
as discussed by family members at the meeting, “does not establish any ‘historical significance’
of interest beyond the relatively few members of the Perez family and former customers.”
Second, H&H argues that the HPC failed to properly interpret and apply provisions of the City
Code, specifically Municipal Code Sec. 14-22, Standards for Eligibility, and Sec. 14-23, Process
for Determining Eligibility. H&H states that the Perez family’s story is not historically significant to
the economic or cultural history of the nation, the State of Colorado, or the City of Fort Collins.
The appellant also alleges that the property lacks integrity because the property was “not built by
the Perez family” and “reflects absolutely no Latinx or Mexican influence so has no ability to
convey its alleged significance.” Additionally, H&H argues that the information included in the
survey form that documented the history of systematic racism against Latinx people in Fort
Collins, the migration of Latinx people to Fort Collins in the twentieth century, and settlement of
Latinx people north of the Poudre River due to gentrification elsewhere, did not show specific
connections between these historic trends and the Pobre Pancho’s business or Perez family that
warrant a determination that the property meets the criteria for eligibility as a Fort Collins
Landmark
P) OTHER BUSINESS
OB 1. Possible consideration of the initiation of new ordinances and/or resolutions by
Councilmembers.
(Three or more individual Councilmembers may direct the City Manager and City Attorney to
initiate and move forward with development and preparation of resolutions and ordinances
not originating from the Council's Policy Agenda or initiated by staff.)
Q) ADJOURNMENT
Every regular Council meeting will end no later than midnight, except that: (1) any item of business
commenced before midnight may be concluded before the meeting is adjourned and (2) the Council
may, at any time prior to adjournment, by majority vote, extend a meeting beyond midnight for the
purpose of considering additional items of business. Any matter that has been commenced and is still
pending at the conclusion of the Council meeting, and all matters for consideration at the meeting that
have not yet been considered by the Council, will be deemed continued to the next regular Council
meeting, unless Council determines otherwise.
Upon request, the City of Fort Collins will provide language access services for individuals who have limited
English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services,
programs and activities. Contact 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for assistance.
Please provide 48 hours advance notice when possible.
A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no
dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que
puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al
970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione 48 horas de aviso previo
cuando sea posible.