HomeMy WebLinkAboutAgenda - Mail Packet - 11/8/2022 - City Council Meeting Draft Summary Agenda - November 15, 2022City of Fort Collins Page 1 of 9 City Council Summary Agenda
City Council
Regular Meeting Agenda
November 15, 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 2022 as Transgender Acceptance 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.
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.DRAFT
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• 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.Second Reading of Ordinance No. 117, 2022, Approving the Fiscal Year 2023 Budget, and
Being the Annual Appropriation Ordinance for the Fort Collins Downtown Development
Authority, and Fixing the Mill Levy for the Downtown Development Authority for Fiscal
Year 2023.
This Ordinance, unanimously adopted on First Reading on November 1, 2022, sets 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
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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.
2.Second Reading of Ordinance No. 118, 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.
This Ordinance, unanimously adopted on First Reading on November 1, 2022, adopts 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.
3.Second Reading of Ordinance No. 119, 2022, Appropriating Philanthropic Revenue
Received Through City Give to Benefit Income-Qualified Youth Sports Programming and
Services in the Recreation Department.
This Ordinance, unanimously adopted on First Reading on November 1, 2022, appropriates
$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.
4.Second Reading of Ordinance No. 120, 2022, Appropriating Prior Year Reserves in the
General Fund and Transportation Services Fund for Snow Removal.
This Ordinance, unanimously adopted on First Reading on November 1, 2022, appropriates prior
year reserves to cover snow removal costs that have exceeded the 2022 budget. Overspend in
the snow budget is driven by severe snowstorms that present cold temperatures, ice, and higher
volumes of snow.
5.Second Reading of Ordinance No. 121, 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.
This Ordinance, unanimously adopted on First Reading on November 1, 2022, makes 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.DRAFT
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6.Second Reading of Ordinance No. 122, 2022, Making Supplemental Appropriations in the
General Fund of Grant Proceeds from the Colorado Department of Local Affairs for the
Kechter Townhomes Project.
This Ordinance, unanimously adopted on First Reading on November 1, 2022, appropriates
unanticipated grant revenue in the General 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 and wastewater
utility costs associated with this development. A resoluton adopting the intergovernmental grant
agreement was adopted on November 1, 2022 with First Reading of this Ordinance.
7.Second Reading of Ordinance No. 123, 2022, Updating References in City Code to the Land
Use Code.
This Ordinance, unanimously adopted on First Reading on November 1, 2022, updates the City
Code’s existing references to Land Use Code to the new name Land Development Code
8.Second Reading of Ordinance No. 124, 2022, Authorizing an Extension of the Temporary
Exception to the Land Use Code to Allow T-Mobile to Place a Temporary Wireless
Telecommunication Facility at 1800 East Harmony Road to Replace Lost Wireless Service
Coverage.
This Ordinance, unanimously adopted on First Reading on November 1, 2022, extends 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 and is
to be used only until a permanent facility (proposed at 4518 Innovation Drive) is fully constructed
in Spring 2023.
9.Second Reading of Ordinance No. 125, 2022, Conditionally Vacating a Portion of Crestridge
Street Right-of-Way.
This Ordinance, unanimously adopted on First Reading on November 1, 2022, adopts the
conditional vacation of Crestridge Street right-of-way, currently known as Crestridge Drive, 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
outlined in detail in the Ordinance.
10.Items Relating to 2023 Utility Rates, Fees, and Charges.
A.Second Reading of Ordinance No. 127, 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.Second Reading of Ordinance No. 128, 2022, Amending Chapter 26 of the Code of the City
of Fort Collins to Revise Water Rates, Fees and Charges.
C.Second Reading of Ordinance No. 129, 2022, Amending Chapter 26 of the Code of the City
of Fort Collins to Revise Wastewater Rates, Fees and Charges.
D.Second Reading of Ordinance No. 130, 2022, Amending Chapter 26 of the Code of the City
of Fort Collins to Revise Stormwater Rates, Fees and Charges.DRAFT
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E.Second Reading of Ordinance No. 131, 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.
F.Second Reading of Ordinance No. 132, 2022, Amending Chapter 26 of the Code of the City
of Fort Collins to Revise Sewer Plant Investment Fees.
G.Second Reading of Ordinance No.133, 2022, Amending Chapter 26 of the Code of the City
of Fort Collins to Revise the Stormwater Plant Investment Fees.
H.Second Reading of Ordinance No. 134, 2022, Amending Chapter 26 of the Code of the City
of Fort Collins to Revise Water Plant Investment Fees.
These Ordinances, unanimously adopted on First Reading on November 1, 2022, adopt 2023
rates and fees, 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 (E–H) – A 9% inflationary increase to development fees including Electric Capacity Fees
(ECFs) and Water, Wastewater, Stormwater Plant Investment Fees (PIFs)
11.Second Reading of Ordinance No. 135, 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.
This Ordinance, unanimously adopted on First Reading on November 1, 2022, adopts
the Income-Qualified Assistance Program (IQAP) providing income-qualified Fort Collins Utilities
(Utilities) customers reduced rates on select Utilities services. The program 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, 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, 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%. The Council
Finance Committee reviewed this proposal on October 20, 2022, and provided staff direction for
presentation to the full Council.
12.First Reading of Ordinance No xxx, 2022 Appropriating Prior Year Reserves in the Light &
Power Fund and the Water Fund for the Purchase of Vendor Services to Support a Major
Version Upgrade to the Utilities Meter Data Management System.
The purpose of this item is to bring forward an off-cycle supplemental appropriation of Light &
Power and Water Fund reserves to fund vendor services needed to support a major version
upgrade to the Utilities Meter Data Management System.
The Meter Data Management System (MDMS) owned and operated by Utilities has been in place
since the inception of the Advanced Meter Fort Collins implementation in 2010. It receives water
and electric meter data for all advanced meters deployed across Fort Collins Utility Service’s
territory throughout the day, performs quality checks on that data, and then at the end of the billing
cycle it calculates the billing determinants for each customer that are necessary to generate
individual customer bills.
Fort Collins Utilities has utilized the same version of the EnergyIP software since it was installed.
For the reasons described below, this software must be upgraded to a more current version and DRAFT
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the upgrade cannot wait for the new budget cycle to begin (i.e. January 2023). Utilities staff will
need vendor support to complete this major software version upgrade.
As the MDMS system supports both the water and electric utilities, the cost of the upgrade will be
shared between them. Utilities has historically allocated costs for shared software based on
customer counts a determined by the number of deployed meters to establish the cost share for
each utility. Applying this method here, the Water Enterprise’s share of this expense would be
31.6% and the Electric Utility Enterprise’s share would be 68.4%.
The total supplemental appropriation being proposed for your consideration is for $629,588.
13.First Reading of Ordinance No. xxx, 2022, Adopting the 2023 Classified Employee Pay
Plan.
The purpose of this item is to recommend the 2023 City Classified Employee Pay. Classified jobs
are grouped according to job functions, a business practice commonly used by both the public
and private sectors. Pay ranges are developed by career group (management, professional,
administrative, operations and trades) and level for each job function. The result of this work is a
City Classified Employee Pay Plan which sets the minimum, midpoint and maximum of pay
ranges for the level, within each career group and function. Actual employees pay increases are
awarded through a separate administrative process in accordance with the budgeted amount
approved by Council.
14.Resolution 2022-xxx Approving the Midtown Business Improvement District 2022 and 2023
Operating Plans and Budgets.
The purpose of this item is to approve the Midtown Business Improvement District 2022 and 2023
Operating Plans and Budgets.
15.Resolution 2022-xxx Approving the 2023 Annual Plan and Budget of the Fort Collins
Tourism Improvement District.
The purpose of this item is to consider a Resolution approving the Fort Collins Tourism
Improvement District’s 2023 Annual Plan and 2023 Annual Budget, which are attached as Exhibits
A and B, respectively, to the proposed Resolution.
16.Resolution 2022-xxx Authorizing the Mayor to Execute an Intergovernmental Agreement
with Larimer County and the City of Loveland to Partner on the Purchase of Fee and
Conservation Easement Interests on a 1,547-acre Property in the Blue Mountain
Conservation Priority Area.
The purpose of this item is to seek Council authorization to enter into an Intergovernmental
Agreement (IGA) with Larimer County and the City of Loveland for the Heaven’s Door
Conservation Project. The project will conserve 1,547 acres in fee adjacent to the Big Thompson
Canyon.
17.Resolution 2022-xxx – Colorado Family and Medical Leave Insurance Program. (working
title)
The purpose of this item is to seek the City of Fort Collins City Council's approval to opt-out of the
Colorado Family and Medical Leave Insurance ("FAMLI") program. FAMLI provides paid family
and medical leave to eligible employees of participating employers.DRAFT
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18.Resolution 2022-xxx Approving an Exception to the Competitive Purchase Process to
Contract with Rimini Street for Enterprise Resource Planning Software Support and
Managed Services.
The purpose of this item is to approve an exception to the competitive purchasing to sole source
support and managed services for the City’s Enterprise Resource Planning (ERP) software JD
Edwards (JDE) with Rimini Street. The current ERP support model has increased the demand
on City administrative staff to support the software with an increasing number of applications,
escalated support fees, and the lack of efficient and effective vendor software support.
Furthermore, the current vendor, Oracle, has announced JDE’s end of life for support in the near
future which has resulted in lower levels of response time. Transitioning the support and managed
services to Rimini Street will enhance service delivery, free up staff bandwidth, and will ultimately
reduce software support expenses by approximately $1.1 million over the next five years.
Per section 8-161 (d)(3) of the City Code, an exception to the competitive purchasing process is
allowed upon specific findings by the Purchasing Agent, submission of a request to the City
Manager, and approval by City Council for any procurement which exceed Two Hundred
Thousand Dollars ($200,000.00).
This Resolution seeks City Council’s approval of this exception to the competitive purchasing
process in order to contract with Rimini Street to maintain the City’s ERP software support and
managed services.
19.Resolution 2022-xxx Making the Determination that the City Park Train Project Funded
Through the Community Capital Improvement Program is not Financially Feasible.
The purpose of this item is to declare the City Park Train project financially unfeasible and
remove it from the Community Capital Improvement Program (CCIP) project list.
20.Items Relating to Appointments to Various Boards and Commissions
A.Resolution 2022-XXX Making Appointments to the Art in Public Places.
B.Resolution 2022-XXX Making Appointments to the Economic Advisory Board.
C.Resolution 2022-XXX Making Appointments to the Energy Board.
D.Resolution 2022-XXX Making Appointments to the Human Services and Housing Funding
Board.
E.Resolution 2022-XXX Making Appointments to the Natural Resources Advisory Board.
F.Resolution 2022-XXX Making Appointments to the Planning & Zoning Commission.
G.Resolution 2022-XXX Making Appointments to the Water Commission.
The purpose of this item is to fill vacancies on various boards and commissions.
21.Resolution 2022-xxx Creating an Ad Hoc Committee on Boards and Commissions to
Improve Efficiency and Consistency of Processes and Discuss Policies that Reduce
Barriers to Participation.
The purpose of this item is to bring forth a resolution that creates an Ad Hoc committee to improve
the efficiency and consistency of processes and discuss policies that reduce barriers to
participation on boards and commissions.
END OF CONSENT CALENDAR DRAFT
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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
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. 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.
22.Second Reading of Ordinance No. 126, 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.
This Ordinance, unanimously adopted on First Reading on November 1, 2022, adopts the Annual
Appropriation and Budget Ordinance and 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.DRAFT
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23.First Reading of Ordinance No. 136, 2022, Repealing and Reenacting Article IX of City Code
Chapter 20 Concerning Public Nuisances and Making Conforming Changes to City Code
Section 19-3. (to be updated after 11/7 work session)
The purpose of this item is for Council to consider the adoption of a new public nuisance ordinance
(PNO) that allows for a clearer, broader definition of public nuisance and adds new enforcement
mechanism for abating public nuisances and chronic nuisance properties. The new PNO wil l
allow staff to address the current community issues and nuisance situations more effectively.
24.First Reading of Ordinance No. xxx, 2022, Establishing a Fort Collins Minimum Wage and
Associated Recordkeeping and Enforcement Provisions.
The purpose of this item is to bring forth an ordinance setting a local minimum wage in compliance
with HB19-1210.
25.First Reading of Ordinance No. xxx, 2022, Related to 1041 Regulations.
The purpose of this item is the first reading of an ordinance that extends the length of a previously
adopted moratorium. The proposed ordinance extends the length of the existing moratorium for
3 months beyond December 31, 2022. Extending the moratorium allows staff to continue public
engagement and seek feedback on version 2 of the Draft 1041 regulations discussed during the
November 7 City Council work session.
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 p urpose 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