HomeMy WebLinkAboutAgenda - Mail Packet - 9/27/2022 - City Council Summary Agenda - Draft For October 4, 2022 Council MeetingFort Collins City Council Agenda
Regular Meeting
6:00 p.m. Tuesday, October 4, 2022
City Council Chambers at City Hall, 300 Laporte Ave, Fort Collins, CO 80521
Zoom Webinar link: https://zoom.us/j/98241416497
NOTICE:
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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.
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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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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 8 City Council Summary Agenda
City Council
Regular Meeting Agenda
October 4, 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
No proclamations scheduled.
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
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
City of Fort Collins Page 2 of 8
• 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
J) ADOPTION OF CONSENT CALENDAR
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 September 20, 2022 Regular Meeting.
The purpose of this item is to approve the minutes of the September 20, 2022 Regular meeting.
2. Second Reading of Ordinance No. 097, 2022, Appropriating Unanticipated Revenue From
Philanthropic Donations Received in 2022 Through City Give for Various City Programs
and Services as Designated by the Donors.
This Ordinance, unanimously adopted on First Reading on September 20, 2022, appropriates
$90,234 in philanthropic revenue received through City Give. These miscellaneous gifts to various DRAFT
City of Fort Collins Page 3 of 8
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.
3. Second Reading of Ordinance No. 098, 2022, Appropriating Prior Year Reserves in the
General Fund to Provide Financial Support to the United Neighbors/Vecinos Unidos for
Nueva Vida Mobile Home Park.
This Ordinance, unanimously adopted on First Reading on September 20, 2022, provides 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 six 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.
4. Second Reading of Ordinance No. 099, 2022, Annexing the Property Known as the
Peakview Annexation No. 1 to the City of Fort Collins, Colorado.
This Ordinance, unanimously adopted on First Reading on September 20, 2022, annexes 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 to be annexed is a portion of the
property subject to the Peakview Planned Land Division (“PLD”) development application which
is currently being processed by Larimer County and is expected to be approved prior to
completion of this annexation. The remaining property subject to the PLD is expected to petition
for annexation as a condition of the County’s approval. The Initiating Resolution for this
annexation was adopted on August 16, 2022. A related item to zone the annexed property is
presented as the next item on this agenda.
This Annexation request is in conformance with State of Colorado Revised Statutes as they relate
to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of
Fort Collins Intergovernmental Agreements.
5. Second Reading of Ordinance No. 100, 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 and Approving Corresponding Changes to the
Residential Neighborhood Sign District Map and Lighting Context Area Map.
This Ordinance, unanimously adopted on First Reading on September 20, 2022, zones 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.
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be
considered in accordance with the procedures described in Section 2(d) of the Council’s Rules of
Meeting Procedures most recently adopted in Resolution 2022-068. DRAFT
City of Fort Collins Page 4 of 8
6. Second Reading of Ordinance No. 101, 2022, Authorizing the Release of a Restrictive
Covenant on Property at 331 North Howes Street Owned by Villages, Ltd.
This Ordinance, unanimously adopted on First Reading on September 20, 2022, authorizes the
release of 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.
7. Items Pertaining to the Annual Adjustment Ordinance.
A. First Reading of Ordinance No. xxx, 2022, Making Supplemental Appropriations and
Authorizing Transfers of Appropriations in Various City Funds.
B. First Reading of Ordinance No. xxx, 2022, Appropriating Prior Year Reserves in Various City
Funds.
The purpose of these Annual Adjustment Ordinances is to 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.
8. First Reading of Ordinance No. xxx, 2022, Authorizing the Conveyance of a Permanent
Drainage Easement on Redtail Grove Natural Area to WWW Properties, LLC.
The purpose of this item is to authorize conveyance of a permanent 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 and decrease peak flow rates into Fossil Creek and 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.
9. First Reading of Ordinance No. xxx, 2022, Authorizing the Conditional Conveyance of
Certain City-Owned Property Rights to Chris Vandemoer and Geo. A. Henderson Co.
(pending updates)
The purpose of this item is to seek Council authorization for 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
for all three phases of the City’s Halligan Water Supply Project (“Halligan Project”), in which the
City intends to replace a dam and enlarge the Halligan Reservoir. Vandemoer owns certain real
property adjacent to the Reservoir 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. DRAFT
City of Fort Collins Page 5 of 8
Under the proposed settlement agreement:
●Vandemoer would convey to the City:
○Three parcels of land in fee adjacent to the reservoir (approx. 5.5 acres)
○A permanent inundation easement for flood events (approx. 9 acres).
○A temporary access easement for Phase 2 construction (approx. 50 acres).
○A permanent access easement for Phase 3 inspection and maintenance (approx. 19 acres).
●The City would:
○Pay Vandemoer for the easement and fee rights listed above
○Convey three parcels of City land in fee to Vandemoer (approx. 23 acres) subject to a
restrictive covenant
○Convey to Vandemoer a permanent shoreline access easement (approx. 7 acres) over City-
owned land
○Compensate The Nature Conservancy for the impacts to its conservation easements via
the payment to Vandemoer and by taking environmental mitigation efforts during the Project.
10. First Reading of Ordinance No. xxx, 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 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.
11. Resolution 2022-xxx Granting A Revocable Permits to Current Holders of Temporary
Outdoor Expansion Permits Issued Pursuant to Emergency Rule and Regulation No. 2020-
17A and Emergency Ordinance No. 124, 2020, to Temporarily Continue to Occupy Public
Rights-of-Way.
The purpose of this item is to bring forth a resolution that addresses a timing gap between
terminating emergency rules and regulations and consideration of code changes to allow
expanded outdoor permitting on an on-going basis.
12. Resolution 2022-Xxx Adopting Findings of Fact Supporting the Historic Preservation
Commission’s Determination That 1802 North College Avenue was Eligible for Landmark
Designation and Denying the Landowner’s Appeal.
The purpose of this item is to make findings of fact regarding the appeal of the Historic
Preservation Commission’s Decision Finding the Property at 1802 North College Avenue a
Historic Resource for the Purposes of Development Review under Land Use Code 3.4.7 and
therefore eligible for Landmark Designation. The appeal was heard by Council on September 20,
2022.
END 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 DRAFT
City of Fort Collins Page 6 of 8
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.
13. Items Relating to the Designation of Indigenous People’s Day.
A. Native American Community Update.
B. Resolution 2022-xxx Recognizing the Second Monday in October as Indigenous Peoples’ Day
in the City Of Fort Collins, Colorado; To Acknowledge and Support the Native and Indigenous
Peoples Living in Fort Collins; And Affirming the City’s Commitment to Recognize and Include the
Voices and Interests of Native And Indigenous Peoples in the City’s Commitment to Work
Towards Equity.
Members of the Fort Collins Native American and Indigenous community have collectively created
a resolution recognizing the second Monday in October as Indigenous Peoples’ Day. Staff from
the Equity and Inclusion Office will also share an update on the work that has been taking place
with the Native American community this year.
14. Public Hearing #2 on the 2023-24 Recommended Budget for the City of Fort Collins.
This is the second 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. 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.
Public input will also be taken during the budget adoption meetings on Tuesday, November 1 and
Tuesday, November 15, 2022, at 6:00 p.m. in Council Chambers. DRAFT
City of Fort Collins Page 7 of 8
15. 1306 West Mountain Avenue Landmark Design Review Appeal.
The purpose of this quasi-judicial item is to consider an appeal of the Historic Preservation
Commission’s (HPC) Decision on July 20, 2022, regarding proposed alterations to the City
landmark at 1306 West Mountain Avenue, also known as the Jackson-Bailey House & Garage.
This appeal is regarding the final design review decision of the applicants’ project by the HPC.
The HPC is tasked by Municipal Code Chapter 14, Article IV with assessing how well any
proposed exterior project on a City Landmark meets the Secretary of the Interior’s Standards for
Rehabilitation, and to issue, with or without conditions, or to deny, a Certificate of
Appropriateness. The applicant is proposing an addition onto the rear elevation of the main
historic building along with related rehabilitation including the modification of windows along the
north end of the west elevation. A previous version of the application of the project included
demolition of a non-historic accessory structure, construction of a new garage building, and
modification of basement windows for egress compliance under the International Existing Building
Code. That work is still proposed but based on approval from the HPC on February 17, 2022,
was not included in the application reviewed by HPC on July 20, 2022.
A Notice of Appeal was filed on August 2, 2022 under the following grounds:
1. The HPC failed to properly interpret and apply relevant provisions of the City Code, the Land
Use Code, and Charter, specifically City Code Sec. 14-53, the Secretary of the Interior’s
Standards for Rehabilitation (Standards 2 and 5), and the Secretary of the Interior’s “Interpreting
Standards” Bulletin #14 regarding Modifications to Windows on Secondary Elevations.
2. The HPC was biased against the appellant by reason of conflict of interest or other close
business, personal or social relationship that interfered with the HPC’s independence of
judgement.
The HPC’s sole consideration was whether the project proposed at 1306 West Mountain Avenue
met the City’s adopted standards for reviewing projects on historic buildings, the Secretary of the
Interior’s Standards and Guidelines for the Treatment of Historic Properties, specifically those for
adaptive reuse, or Rehabilitation.
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.) DRAFT
City of Fort Collins Page 8 of 8
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