HomeMy WebLinkAboutAgenda - Mail Packet - 10/25/2022 - City Council Meeting Draft Summary Agenda - November 1, 2022City of Fort Collins Page 1 of 9 City Council Summary Agenda
City Council
Regular Meeting Agenda
November 1, 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 November as National American Indian Heritage Month.
PP 2. Proclamation Declaring the Year of November 2022 to November 2023 as Natural Areas 30th
Anniversary.
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.
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.DRAFT
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• 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
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2. Second Reading of Ordinance No. 107, 2022, Appropriating Philanthropic Revenue
Received By City Give for the Bucking Horse Park Trail Spur Project as Designated by the
Donor.
This Ordinance, unanimously adopted on First Reading on October 18, 2022, amends $5,000 in
philanthropic revenue received by City Give for Park Planning and Development as designated
by the donor.
3. Second Reading of Ordinance No. 108, 2022, Appropriating Unanticipated Revenue From
Philanthropic Donations Received in 2022 By City Give for Various City Programs and
Services as Designated by the Donors.
This Ordinance, unanimously adopted on First Reading on October 18, 2022, appropriates $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.
4. Second Reading of Ordinance No. 109, 2022, Making a Supplemental Appropriation of
HOME Investment Partnership Program - American Rescue Plan Act Funding from the
Federal Department of Housing and Urban Development.
This Ordinance, unanimously adopted on First Reading on October 18, 2022, appropriates
$2,628,410 in HOME Investment Partnership Program – American Rescue Plan funds received
from the Department of Housing and Urban Development.
5. Second Reading of Ordinance No. 110, 2022, Amending Article IX of Chapter 23 of the Code
of the City of Fort Collins Regarding Natural Areas.
This Ordinance, unanimously adopted on First Reading on October 18, 2022, amends 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.
6. Second Reading of Ordinance No. 111, 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.
This Ordinance, unanimously adopted on First Reading on October 18, 2022, amends 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) 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. (The
Council approved Ordinance No. 053, 2022, in May 2022, which created an exemption from sales
tax for the City’s disposable bag fee). DRAFT
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7. Second Reading of Ordinance No. 112, 2022, Amending Chapter 23, Article III of the Code
of the City of Fort Collins Regarding Obstructions and Encroachments to Allow for the
Expansion of Outdoor Dining Areas onto City Property and Adopting by Reference the City
of Fort Collins Outdoor Dining Design Manual.
This Ordinance, unanimously adopted on First Reading on October 18, 2022, amends City code
to allow outdoor dining areas on public property. During the COVID pandemic and declared local
emergency, 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 changes to the City Code obstruction and encroachment permit provisions and a
framework, including the City of Fort Collins Outdoor Design Manual (“Design Manual”), to make
these spaces permittable after the expiration of the Emergency Orders.
8. Second Reading of Ordinance No. 113, 2022, Suspending Certain Provisions of the City’s
Land Use Code and Building Code to Permit Temporary Use of City Property at 117 North
Mason Street as a Homeless Shelter. (pending first reading adoption)
This Ordinance, unanimously adopted on First Reading on October 25, 2022, suspends certain
provisions of the City’s Land Use Code to allow the temporary use of 117 North Mason Street as
a men’s overflow shelter site from November 2022 – April 2023.
9. Second Reading of Ordinance No. 116, 2022, Amending Chapter 26 of the Code of the City
of Fort Collins to Make Various Changes to the Water Supply Requirement for
Nonresidential Water Service. (pending first reading adoption)
This Ordinance, unanimously adopted on First Reading on October 25, 2022, adopts
amendments to Fort Collins Utilities (Utilities) Water Supply Requirement (WSR) in Chapter 26
of City Code. Changes to the WSR went into effect January 1, 2022, through Ordinance No. 119,
2021. However, after administering the WSR under that ordinance for several months, staff
realized a need for further revision. The Ordinance broadened when Utilities nonresidential water
customers doing redevelopment must meet the WSR, such that these customers must meet
WSRs for almost any redevelopment. The Ordnance also results in the assignment of an annual
allotment and the potential for excess water use surcharges. These changes have resulted in
significant staff time for previously routine matters and impacts to customers that are perceived
as unfair. The proposed ordinance would return to the previous, historical requirement, where
customers must only meet the WSR for new development and redevelopment that is replacing
and existing meter or service with a larger size.
10. First Reading of Ordinance No. ___, 2022, Being the Annual Appropriation Ordinance for
the Fort Collins Downtown Development Authority Relating to the Annual Appropriations
for the Fiscal Year 2023 and Fixing the Mill Levy for the Downtown Development Authority
for Fiscal Year 2023.
The purpose of this item is to set the Downtown Development Authority ("DDA") Budget.
The following amounts will be appropriated:
DDA Public/Private Investments & Programs $7,800,493
DDA Operations & Maintenance $2,030,378
Revolving Line of Credit Draws $7,000,000
DDA Debt Service Fund $7,431,611 DRAFT
City of Fort Collins Page 5 of 9
The Ordinance sets the 2023 Mill Levy for the Fort Collins DDA at five (5) mills, unchanged since
tax year 2002. The approved Budget becomes the Downtown Development Authority's financial
plan for 2023.
11. First Reading of Ordinance No. ___, 2022, Adopting the 2023 Budget and Appropriating the
Fort Collins Share of the 2023 Fiscal Year Operating and Capital Improvements Funds for
the Northern Colorado Regional Airport.
The purpose of this item is to adopt the 2023 budget for the Northern Colorado Regional Airport
and appropriate Fort Collins’ share of the 2023 fiscal year operating and capital funds for the
Airport. Under the Amended and Restated Intergovernmental Agreement for the Joint Operation
of the Airport between Fort Collins and Loveland (the “IGA”), the Airport is operated as a joint
venture with each City owning 50% of the assets and revenues and responsible for 50% of the
operating and capital costs. The proposed budget does not include any financial contributions
from the City’s General Fund. Because each City has an ownership interest in 50% of the Airport
revenues, each City must appropriate its 50% share of the annual operating and capital budget
for the Airport under the IGA.
12. First Reading of Ordinance No. ___, 2022, Appropriating Philanthropic Revenue Through
City Give for Recreation to Benefit Income-qualified Youth Sports Programming and
Services in the Recreation Department as Designated by the Donor.
The purpose of this item is to request appropriation of $17,000 in philanthropic revenue received
through City Give for Recreation to benefit income-qualified youth sports programming and
services.
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.
13. First Reading of Ordinance No. ___, 2022, Authorizing a Supplemental Appropriation for
Snow Removal Services.
The purpose of this item is to appropriate prior year reserves to cover snow removal costs that
have exceeded the budget. Overspend in the snow budget is driven by severe snowstorms that
present cold temperatures, ice, and higher volumes of snow.
14. First Reading of Ordinance No. ___, 2022 Amending Chapter 7.5 of the Code of the City of
Fort Collins to Increase for Inflation the Capital Expansion Fees and the Transportation
Expansion Fee.
The purpose of this item is to make annual inflation updates effective January 1, 2023, associated
with the City’s Capital Expansion Fees and its Transportation Expansion Fee. Inflation updates
are 8.6% for the Capital Expansion Fees and 7.1% for the Transportation Expansion Fee.
15. Items Related to the Colorado Intergovernmental Grant Agreement for Kechter
Townhomes.
A. Resolution 2022-___ Authorizing and Intergovernmental Agreement.
B. First Reading of Ordinance No. ___, 2022, Appropriating Unanticipated Grant Revenue.
The purpose of this item is to consider a Resolution accepting the Colorado Intergovernmental
Grant Agreement providing $2.2 M for water utility fees for the Kechter Townhomes project and
adoption of an Ordinance making an appropriation of unanticipated grant revenue in the General DRAFT
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Fund. In November of 2021, the City sold a property from the Land Bank Program located at 3620
Kechter Road to Kechter TWG, LLLP for the purpose of building 54 permanently affordable
townhomes. The City applied for and was awarded a grant from the Colorado Department of Local
Affairs (DOLA) to support water utility costs associated with this development. This item seeks
approval of the intergovernmental grant agreement and authority to spend the grant proceeds.
16. First Reading of Ordinance No. ___, 2022, Updating References in City Code to the Land
Use Code.
This purpose of this item is to update the City Code’s existing references to Land Use Code to
the new name Land Development Code
17. First Reading of Ordinance No. ___, 2022, Extending the Authorization of a Temporary
Exception to the Land Use Code to Allow T-Mobile to Place a Temporary Wireless
Telecommunications Facility at 1800 East Harmony Road to Replace Lost Wireless Service
Coverage.
The purpose of this item is to extend the authorization for a temporary wireless telecommunication
facility known as a cell-on-wheels (COW), operated by T-Mobile, currently located at 1800 East
Harmony. The current temporary authorization is set to expire on December 1, 2022. This
temporary facility is in place to address a critical loss in T-Mobile's existing cellular coverage in
south Fort Collins caused by T-Mobile’s removal of wireless equipment from Platte River Power
Authority (“PRPA”) infrastructure, to be used only until a permanent facility (proposed at 4518
Innovation Drive) is fully constructed in Spring 2023.
18. First Reading of Ordinance No. ___, 2022, Conditionally Vacating a Portion of Crestridge
Right-of-Way.
The purpose of this item is to approve the conditional vacation of Crestridge Street right-of-way
that is no longer desirable or necessary to retain for street purposes. Portions of the right-of-way
area, once vacated, will be retained as public access and emergency access easements to the
City in order to provide continued access for the neighboring properties. The right-of-way vacation
will be conditional upon the construction of the extension of Venus Drive. These conditions are
outline in detail in the Ordinance.
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 - None.
M) COUNCILMEMBER REPORTS
N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL
DISCUSSION DRAFT
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O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION
The method of debate for discussion items is as follows:
• Mayor introduced the item number and subject; asks if formal presentation will be made by staff
• Staff presentation (optional)
• Mayor requests public comment on the item (three minute limit for each person)
• Council questions of staff on the item
• Council motion on the item
• Council discussion
• Final Council comments
• Council vote on the item
Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure
all have an opportunity to speak. 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. First Reading of Ordinance No. ___, 2022, Being the Annual Appropriation Ordinance
Relating to the Annual Appropriations for Fiscal Year 2023; Adopting the Budget for the
Fiscal Years beginning January 1, 2023 and Ending December 31, 2024; and Fixing the Mill
Levy for Property Taxes Payable in 2023.
The purpose of this item is to present the Annual Appropriation and Budget Ordinance for First
Reading. This Ordinance sets the City Budget for the two-year period (2023-2024) which
becomes the City’s financial plan for the next two fiscal years. This Ordinance sets the amount of
$778,543,584 to be appropriated for fiscal year 2023. However, this appropriated amount does
not include what is being budgeted and appropriated by separate Council/Board of Director
actions to adopt the 2023 budget for the General Improvement District (GID) No. 1 of $313,275,
the 2023 budget for General Improvement District (GID) No. 15 (Skyview) of $1,000, the Urban
Renewal Authority (URA) 2023 budget of $6,005,369 and the Downtown Development Authority
2023 budget of $24,262,482. This results in the City-related total operating appropriation of
$809,125,710 in 2023.
This Ordinance also sets the 2023 City mill levy at 9.797 mills, unchanged since 1991.
20. Items Relating to 2023 Utility Rates, Fees, and Charges.
A. First Reading of Ordinance No. ___, 2022, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Electric Rates, Fees and Charges and Updating Related Provisions.
B. First Reading of Ordinance No. ___, 2022, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Water Rates, Fees and Charges.
C. First Reading of Ordinance No. ___, 2022, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Wastewater Rates, Fees and Charges.
D. First Reading of Ordinance No. ___, 2022, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Stormwater Rates, Fees and Charges.
E. First Reading of Ordinance No. ___,2022, Amending Chapter 26 of the Code of the City of Fort
Collins Regarding Calculation and Collection of Development Fees Imposed for the Construction
of New or Modified Electric Service Connections. DRAFT
City of Fort Collins Page 8 of 9
F. First Reading of Ordinance No. ___, 2022, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Sewer Plant Investment Fees.
G. First Reading of Ordinance No. ___, 2022, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise the Stormwater Plant Investment Fees.
H. First Reading of Ordinance No. ___, 2022, Amending Chapter 26 of the Code of the City of
Fort Collins to Revise Sewer Plant Investment Fees.
The purpose of this item is to consider Ordinances related to proposed 2023 rates and fees being
brought forward for Council consideration, including the following items:
Items (A-D) – Monthly utility charges to increase 5% for Electric customers, 4% for Water
customers, 4% for Wastewater customers, and 3% for Stormwater customers.
Items (B–E) – A 9% inflationary increase to development fees including Electric Capacity Fees
(ECFs) and Water, Wastewater, Stormwater Plant Investment Fees (PIFs)
21. First Reading of Ordinance No. ___, 2022, Amending Chapter 26 of the Code of the City of
Fort Collins Related to Water, Wastewater and Electric Rates, Fees, and Charges Applied
Under the Income-Qualified Assistance Program.
The Income-Qualified Assistance Program (IQAP) that provides income-qualified Fort Collins
Utilities (Utilities) customers reduced rates on select Utilities services was introduced in October
2018 as a pilot program. The IQAP program bill adjustment effectively applies a 23% rate discount
on electric, water, and wastewater services, and is due to expire December 31, 2022. In July
2021, City Council approved moving the program from an application-based, opt-in program to
an auto-enroll, opt-out program, subject to participants’ participation in the complementary state
Low-income Energy Assistance Program (LEAP). At that time, City Council also requested an
evaluation of the discounted rate percentage to ensure it was still sufficient to meet program
objectives. Since July 2021, participation in IQAP has increased 128%. Staff are seeking a motion
from City Council to adopt the program. The Council Finance Committee reviewed this proposal
on October 20, 2022, after the AIS submission deadline.
22. Items Relating to the Adoption of the Land Development Code.
A. Second Reading of Ordinance No. 114, 2022, Repealing and Reenacting Section 29-1 of the
Code of the City of Fort Collins to Adopt the Land Development Code and Separately Codifying
the 1997 Land Use Code as “2022 Transitional Land Use Regulations”.
B. Second Reading of Ordinance No. 115, 2022, Amending the Zoning Map of the City of Fort
Collins to Rename all Neighborhood Conservation Low Density, Neighborhood Conservation
Medium Density, and Neighborhood Conservation Buffer Zone District to the Old Town Zone
District in Conjunction with the Adoption of the Land Development Code.
These Ordinances, adopted on First Reading on October 18, 2022 by a vote of 6-1 (Nay: Ohlson),
consider adoption of changes to the City’s Land Use Code including renaming to the Land
Development 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: DRAFT
City of Fort Collins Page 9 of 9
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 LUC easier to use and understand
5. Improve predictability of the development review process, especially for housing
In conjunction with adoption of the Land Development Code, a conforming change to the zoning
map to rename the Neighborhood Conservation Low Density, Neighborhood Conservation
Medium Density, and Neighborhood Conservation Buffer Zone District to the Old Town zone
district is proposed by means of a rezoning.
If adopted by Council, staff recommends that the proposed LUC changes and renaming to the
Old Town zone district take effect on January 1, 2023.
23. First Reading of Ordinance No. ___, 2022, Repealing and Reenacting Article IX of Chapter
20 of the Code of the City of Fort Collins Regarding Public Nuisances.
The purpose of this item is to provide an update to Council for consideration of a potential code
change to the current Public Nuisance Ordinance to allow for more effective implementation in
addressing public nuisance issues and chronic nuisance properties.
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. DRAFT