HomeMy WebLinkAboutAgenda - Mail Packet - 10/11/2022 - City Council Meeting Summary Agenda - Draft For October 18, 2022 Council MeetingFort Collins City Council Agenda
Regular Meeting
6:00 p.m. Tuesday, October 18, 2022
City Council Chambers at City Hall, 300 Laporte Ave, Fort Collins, CO 80521
Zoom Webinar link: https://zoom.us/j/98241416497
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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.
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https://fortcollins-co.municodemeetings.com/DRAFT
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Meeting ID: 982 4141 6497
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item will be considered. See Council Rules of Conduct in Meetings for details. DRAFT
City of Fort Collins Page 1 of 7 City Council Summary Agenda
City Council
Regular Meeting Agenda
October 18, 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 October 18, 2022 as Canino's Day.
PP 2. Proclamation Declaring October 20, 2022 as Imagine a Day Without Water Day.
PP 3. Proclamation Declaring October 20, 2022 as National Community Media Day.
PP 4. Proclamation Declaring October 28, 2022 as Kilwin's Day.
PP 5. Proclamation Declaring October 2022 as Conflict Resolution Month.
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.
F) COMMUNITY REPORTS - None DRAFT
City of Fort Collins Page 2 of 7
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
https://www.fcgov.com/developmentreview/, 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
their own Section, titled “Consideration of Items Removed from Consent Calendar for Individual
Discussion.” Items remaining on the Consent Calendar will be approved by Council with one vote. The
Consent Calendar consists of:
• Ordinances on First Reading that are routine;
• Ordinances on Second Reading that are routine;
• Those of no perceived controversy;
• Routine administrative actions.
1. Consideration and Approval of the Minutes of the October 4, 2022 Regular Meeting.
The purpose of this item is to approve the minutes of the October 4, 2022 Regular meeting. DRAFT
City of Fort Collins Page 3 of 7
2. Items Pertaining to the Annual Adjustment Ordinance.
A. Second Reading of Ordinance No. 102, 2022, Making Supplemental Appropriations from
Various City Funds.
B. Second Reading of Ordinance No. 103, 2022, Appropriating Prior Year Reserves in Various
City Funds.
These Ordinances, unanimously adopted on First Reading on October 4, 2022, appropriate
dedicated and additional revenues or prior year reserves that need to be appropriated before the
end of the year to cover related expenses that were not anticipated, and therefore, not included
in the 2022 annual budget appropriation. The additional revenue is primarily from fees, charges
for service, rents, contributions, donations, and grants that have been paid to City departments to
offset specific expenses.
3. Second Reading of Ordinance No. 104, 2022, Authorizing the Conveyance of a Permanent,
Nonexclusive Stormwater Drainage Easement on Redtail Grove Natural Area to WWW
Properties, LLC.
This Ordinance, unanimously adopted on First Reading on October 4, 2022, authorizes
conveyance of a permanent, nonexclusive drainage easement to WWW Properties, LLC (owners
of Fort Collins Nissan and Fort Collins Kia) on Redtail Grove Natural Area. The proposed
easement area aligns with an existing historic drainage path for stormwater. WWW Properties,
LLC will construct underground water quality and detention facilities on their property to capture
stormwater, decrease peak flow rates into Fossil Creek, and decrease the amount of water
overtopping the Fossil Creek Trail, as well as the time the trail is overtopped, during significant
storm events.
4. Second Reading of Ordinance No. 105, 2022, Authorizing the Conditional Conveyance of
Certain City-Owned Property Rights to Chris Vandemoer and Geo. A. Henderson Co.
This Ordinance, unanimously adopted on First Reading on October 4, 2022, authorizes the
conditional conveyance of certain City-owned real property rights to Chris Vandemoer and Geo.
A. Henderson, Co. (collectively “Vandemoer”). The proposed conveyance is part of a proposed
settlement agreement between the City, Vandemoer, and The Nature Conservancy (“TNC”) to
obtain necessary property rights on the primary private access road for all three phases of the
City’s Halligan Water Supply Project (“Halligan Project”), in which the City intends to replace or
modify a dam and enlarge Halligan Reservoir. Vandemoer owns certain real property adjacent to
the reservoir that includes a private road that serves as the primary access point to the reservoir
and the dam. The property is also encumbered by two conservation easements held by TNC.
Since late 2018, City representatives have negotiated with Vandemoer to obtain property rights
necessary for the Halligan Project. The parties are currently in eminent domain litigation for Phase
1 of the Project and have had productive conversations regarding a global settlement for all three
phases of the Halligan Project.
The conveyance of the City-owned property would only occur if: (1) the parties enter into a
settlement agreement; and (2) the City completes construction of the Halligan Project. This
Ordinance does not seek approval of the settlement agreement itself. The decision whether to
enter into the settlement agreement would be made by the City Manager following a
recommendation by City staff, in consultation with outside legal counsel and the City Attorney’s
Office. This Ordinance is limited only to authorizing the conditional conveyance of City-owned
property. The structure of the settlement agreement is explained more fully below. DRAFT
City of Fort Collins Page 4 of 7
5. Second Reading of Ordinance No. 106, 2022, Amending Chapter 26 of the Code of the City
of Fort Collins Regarding Net Metered Renewable Energy Generation System Sizing and
Adopting Administrative Rules for Net Metered System Sizing.
This Ordinance, unanimously adopted on First Reading on October 4, 2022, amends sizing
requirements in City Code that limit the generating size (i.e. production capacity) of renewable
energy systems, removing reference to 120% of a customer’s annual electric consumption and
adopts administrative program rules to guide the Utilities’ Executive Director to define allowable
generation system sizing consistent with the City’s 2030 energy and climate goals.
6. First Reading of Ordinance No. xxx, 2022, Appropriating Philanthropic Revenue By City
Give for Park Planning and Development as Designated by the Donors.
The purpose of this item is to request an appropriation of $5,000 in philanthropic revenue received
by City Give for Park Planning and Development as designated by the donor.
7. First Reading of Ordinance No. xxx, 2022, Appropriating Unanticipated Revenue From
Philanthropic Donations Received in 2022 By City Give for Various City Programs and
Services as Designated by the Donors.
The purpose of this item is to request appropriation of $4,070 in philanthropic revenue received
by City Give. These miscellaneous gifts to various City service areas 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.
8. First Reading of Ordinance No. xxx, 2022, Appropriating Unanticipated Revenue in the
HOME Investment Partnership Program from the American Rescue Plan Act.
The purpose of this item is to appropriate $2,628,410 in HOME Investment Partnership Program
– American Rescue Plan funds received from the Department of Housing and Urban
Development.
9. First Reading of Ordinance No. xxx, 2022, Amending Article IX of Chapter 23 of the Code
of the City of Fort Collins Regarding Natural Areas.
The purpose of this item is to amend various provisions in Article IX of Chapter 23 of the City
Code regarding natural areas to close loopholes, add new definitions, and add new regulations
that better protect the natural environment and promote visitor safety. Natural Areas Department
rangers researched existing Code and worked with Natural Areas Department staff and the City
Attorney’s Office before the proposed changes were brought to the Land Conservation and
Stewardship Board in July 2022.
10. First Reading of Ordinance No. ___, 2022, Amending Certain Sections of Chapter 25 of the
Code of the City of Fort Collins Relating to the Imposition, Collection, and Enforcement of
the City’s Sales and Use Taxes.
The purpose of this item is to amend Chapter 25 of City Code concerning sales and use tax. The
updates include revisions to the Grocery Tax Rebate Program to increase the area median
income threshold for a rebate as part of ongoing City-wide initiatives to streamline and broaden
access to City income-qualified programs. Other updates include but are not limited to: (1) DRAFT
City of Fort Collins Page 5 of 7
updating the deadlines for refund claims and petitions protesting the denial of tax-exempt
organization license applications to align with other deadlines in Chapter 25; (2) amending the
appeals process to align with state statute; and (3) adding exemptions from sales and use tax for
the state carryout bag fee and retail delivery fee.
11. First Reading of Ordinance No. xxx, 2022, Amending City Code Related to Outdoor
Extended Patios and Parklets in the Public Right-of-Way.
During the pandemic, Emergency Orders were put in place to support hospitality businesses by
allowing extended outdoor patios on public property. The extended patios have been popular and
successful both economically and as a vibrant way to activate streets and sidewalks. Staff is
proposing code changes and a framework to make these spaces permittable outside of the
Emergency Order.
12. First Reading of Ordinance No. ____, 2022, Suspending Certain Provisions of the City’s
Land Use Code and Building Code to Permit Temporary Use of City Property at 212 West
Mountain Avenue as a Homeless Shelter.
This purpose of this item is to suspend certain provisions of the City’s Land Use Code to allow
the temporary use of 212 West Mountain Avenue as a men’s overflow shelter site from November
2022 – April 2023.
13. Resolution 2022-xxx Adopting the City’s 2023 Legislative Policy Agenda.
The purpose of this item is to adopt the City's 2023 Legislative Policy Agenda. Each year the
Legislative Review Committee develops a legislative agenda to assist in the formation, analysis,
and advocacy of pending legislation and regulation. The Legislative Policy Agenda is used as a
guide by Council and staff to determine positions on legislation and regulation under consideration
at the state and federal levels and as a general reference for state legis lators and the City’s
congressional delegation.
The Legislative Review Committee reviewed and made changes/updates at the August 30, 2022,
meeting.
14. Resolution 2022-xxx Approving the Midtown Business Improvement District 2023
Operating Plan and Budget.
The purpose of this item is to approve the Midtown Business Improvement District 2023 Operating
Plan and Budget.
15. Resolution 2022-xxx Approving the 2023 Tourism Improvement District Annual Plan and
Budget.
The purpose of this item is to approve the Tourism Improvement District 2023 Budget and Annual
Plan. DRAFT
City of Fort Collins Page 6 of 7
16. Resolution 2022-xxx Authorizing the Execution of an Intergovernmental Agreement with
Larimer County Board of Health for Purchase and Use of an Optical Gas Imaging (OGI)
Camera.
The purpose of this item is to authorize the City Manager to sign an Intergovernmental Agreement
(IGA) with Larimer County Board of Health, where the City will provide $100,000 in appropriated
funds toward the purchase of an OGI camera that will be owned and operated by the County, for
the purpose of detecting hydrocarbon leaks at oil and gas and other sites within the City and
County.
17. Resolution 2022-xxx Making Appointments to the Youth Advisory Board.
The purpose of this item is to fill vacancies on the Youth Advisory Board.
END OF CONSENT CALENDAR
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
Bird City Presentation by Environment for the Americas
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.
19. Resolution 2022-xxx Adopting Findings of Fact Supporting the Historic Preservation
Commission’s Decision to Deny Proposed Window Alterations to the Landmarked
Property Located at 1306 West Mountain Avenue and Denying the Appeal.
The purpose of this item is to make findings of fact regarding the appeal of the Historic
Preservation Commission’s decision to deny the proposed window treatment for the northwest
bedroom at 1306 West Mountain Avenue. The appeal was heard by Council on October 4, 2022. DRAFT
City of Fort Collins Page 7 of 7
20. First Reading of Ordinance No. xxx, 2022, Adopting Amendments to the City’s Land Use
Code as an Implementation Action of City Plan, the Housing Strategic Plan, and t he Our
Climate Future Plan.
The purpose of this item is to consider adoption of changes to the City’s Land Use Code. The
Land Use Code (LUC) Phase 1 Update implements policy direction in City Plan, the Housing
Strategic Plan, and the Our Climate Future Plan. Changes are intended to address one or more
of the following Guiding Principles:
1. Increase overall housing capacity and calibrate market-feasible incentives for affordable
housing
2. Enable more affordability, especially near high frequency transit and priority growth areas
3. Allow more diverse housing choices that fit in with the existing context and priority place types
4. Make the Code easier to use and understand
5. Improve predictability of the development review process, especially for housing
If adopted by Council, staff recommends that the proposed Code changes take effect on January
1, 2023.
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
Consideration of a motion to adjourn this meeting to 6:00 P.M. on Tuesday, October
25, 2022:
“I move that Council adjourn this meeting to 6:00 P.M. on Tuesday, October 25, 2022, to
consider a Resolution related to an Interim Greenhouse Gas Reduction Goal."
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. DRAFT