PROCLAMATIONS & PRESENTATIONS
5:00 PM
REGULAR MEETING
6:00 PM
• City Manager Review of Agenda
• Consent Calendar Review, including removal of items from Consent Calendar for individual discussion.
(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 using the online sign-up system available at www.fcgov.com/council-meeting-participation-signup/
• 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 will be called to speak by the presiding officer from the list of those signed up. After everyone signed up is called on, the presiding officer may ask others wishing to speak 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).
• The presiding officer will determine and announce the length of time allowed for each speaker.
• Each speaker will be asked to state their 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 City's Development Review Center page at https://www.fcgov.com/developmentreview , or contact the Development Review Center at 970.221.6760.]
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.
This Ordinance, unanimously adopted on First Reading on September 5, 2023, is to request appropriation of $100,000 in philanthropic revenue received through City Give for The Carnegie Center for Creativity as designated by the donors.
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.
This Ordinance, unanimously adopted on First Reading on September 5, 2023, is to Appropriate $1,059,037 of unanticipated grant revenue from USDOT.
The City successfully applied for $1,059,037 under the U.S. Department of Transportation (USDOT) SMART Grants Program to support implementing a SMART Grid Electric Vehicle (EV) charge management solution to control usage of City owned EV chargers to reduce energy consumption (the SMART Grid Project).
This Ordinance, unanimously adopted on First Reading on September 5, 2023, is to develop the Innovation Zones Project Plan by:
● Appropriating $50,000 of unanticipated grant revenue, awarded by the Colorado Department of Transportation’s Office of Innovative Mobility; and
● Utilizing matching funds in the amount of $10,000 from existing 2023 appropriations into this new grant project.
This Ordinance, unanimously adopted on First Reading on September 5, 2023, is to update the City’s 2017 Electric Vehicle (EV) Readiness Roadmap by:
● Appropriating $40,000 of unanticipated grant revenue, awarded by the Colorado Energy Office; and
● Utilizing matching funds in the amount of $13,333 from existing 2023 appropriations into this new grant project.
This Ordinance, unanimously adopted on First Reading on September 5, 2023, amends various sections of City Code. During the work of the Ad Hoc Committee on Boards and Commissions, staff identified necessary edits to all reference to the Building Review Board. Those references should be changed to the Building Review Commission, which is in line with City Ordinance No. 049, 2021. Also, staff identified numerous incorrect references to the requirement for various bodies to record meeting minutes.
This Ordinance, unanimously adopted on First Reading on September 5, 2023, authorizes a permanent nonexclusive utility easement over a portion of the Northern Colorado Regional Airport property owned jointly by the City of Fort Collins and the City of Loveland and leased by IC Loveland Investors, LLC, to allow for the installation and maintenance of electrical infrastructure for the new AeroFNL development.
The purpose of these items is to consider amendments to various divisions of Chapter 2 of the Municipal Code to reflect the recommendations of the Ad Hoc Committee on Boards and Commissions.
A. Second Reading of Ordinance No. 118, 2023, Amending Chapter 2, Article III, Division 2 of the Code of the City of Fort Collins to Modify Type 1 Advisory Board Composition and Functions and Eliminate One-Year Terms.
On First Reading of Ordinance No. 118, 2023, a change was proposed to City Code Section 2-102 (Section 4 of the Ordinance) to add an ex-officio position on the Affordable Housing Board. During First Reading, Council decided not to adopt that change. Because no other changes to Section 2-102 were proposed, on Second Reading, Section 4 of the Ordinance is being deleted in its entirety because the wording in Section 2-102 remains the same as it currently appears in City Code.
B. Second Reading of Ordinance No. 119, 2023, Amending Chapter 2, Article III, Division 3 of the Code of the City of Fort Collins to Eliminate One-Year Terms of Type 2 Advisory Boards.
C. Second Reading of Ordinance No. 120, 2023, Reorganizing Chapter 2, Article VII, Divisions 1 and 2 of the Code of the City of Fort Collins to Consolidate the Ethical Rules of Conduct and Board of Ethics Sections with a Complaint Process for Violations of the Code of Conduct.
On Second Reading of Ordinance No. 120, 2023, a change is being made to Section 2-577 to correct a typographical error to a cross reference.
NOTE: Due to a split vote on Ordinance No. 117, 2023 (Nays: Ohlson), on Second Reading it will be on Discussion. Second Reading of Ordinances Nos. 118, 119 and 120 are on Consent, as they passed unanimously.
The purpose of these Annual Adjustment Ordinances is to appropriate 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 2023 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.
A. First Reading of Ordinance No. 122, 2023, Making Supplemental Appropriations in Various City Funds.
B. First Reading of Ordinance No. 123, 2023, Appropriating Prior Year Reserves and Authorizing Transfers in Various City Funds.
The purpose of this item is to request appropriation of $20,300 in philanthropic revenue received through City Give. These miscellaneous gifts to various City departments support a variety of programs and services and are aligned with both the City’s strategic priorities and the respective donors’ designation.
In 2019, City Give, a formalized enterprise-wide initiative, was launched to create a transparent, non-partisan governance structure for the acceptance and appropriations of charitable gifts.
The purpose of this item is to support this project by appropriating $1,000,744 of unanticipated grant revenue from GOCO through Larimer County to the City.
Larimer County, in partnership with City of Fort Collins (City), and Towns of Windsor and Timnath, applied for a funding opportunity through Great Outdoors Colorado (GOCO) in support of the completion of the Poudre River Trail. The joint request successfully secured the funding needed to design and construct the remaining sections of trail. The focus of this work extends from the Environmental Learning Center in eastern Fort Collins to River Bluffs Open Space west of Windsor and includes a spur connection to Windsor’s Kyger Reservoir property (the Project).
Larimer County, serving as the grant administrator, signed an agreement with GOCO that GOCO would pay a total of $3,740,402 to complete construction of the Poudre River Trail. The agreement provides proposed allocation of construction costs to each of the partners. The City and Larimer County entered an Intergovernmental Agreement (IGA) identifying the City as a subrecipient of $1,000,744 of the total $3,740,402 awarded by GOCO. The IGA stipulates the City’s obligation to invoice Larimer County for all eligible costs associated with the construction of Poudre River Trail within the City’s jurisdiction. Larimer County will reimburse the City for all eligible construction-related costs.
The purpose of this item is to authorize the transfer of $143,884 accumulated from Platte River Power Authority’s (PRPA) annual contribution to the City of Fort Collins in support of community economic development funds. The accumulated economic development funds have been in the General Fund to create the City of Fort Collins Revolving Loan Fund for Small Businesses and Startup companies operating in Fort Collins. The City will use the funds to support program access to capital for small businesses in Fort Collins city limits, including those that have historically not had access to traditional financial capital markets.
The purpose of this item is to address and remedy an oversight made in certain 2021, 2022, and 2023 appropriation ordinances related to certain appropriated funds that were intended to be designated as non-lapsing appropriations as contemplated in Section 11 of Article V of the City Charter (“Section 11”) but were not so designated. Section 11, which was amended by the City’s voters in April 2021, provided before it was amended that all appropriations for capital projects and for federal and state grants were considered non-lapsing appropriations without any specific designation of non-lapsing in the appropriation ordinance. However, after being amended, Section 11 now requires that there be an express non-lapsing designation in the ordinance, and it also adds another category of appropriations that can be designated non-lapsing, those being private grants and donations.
It has been discovered that various appropriations for capital projects and for federal, state, and private grants and donations, mostly in 2021 appropriation ordinances, were intended to be designated as non-lapsing but through oversight that designation was not included in the ordinance. Nevertheless, these appropriations were accounted for in the City’s accounting records as non-lapsing accounts and funds were spent from those accounts in the subsequent fiscal years of 2022 and 2023. To ensure these expenditures were properly spent in those years, this Ordinance ratifies and reaffirms those expenditures and designates the remaining amounts from those appropriations as non-lapsing for future expenditure.
The purpose of this item is to approve an Ordinance that would vacate a twenty-foot emergency access easement (the “Easement”) that was dedicated on the Plat of the Elizabeth Subdivision (the “Subdivision”) across Lot 1, Block 1 (811 East Elizabeth Street) for the benefit of Lot 2, Block 1 (813 East Elizabeth Street) because the Easement is no longer required by Poudre Fire Authority.
The purpose of this item is to discuss the results of the Transportation Capital Projects Prioritization Study (TCPPS) as it relates to our ten-year Transportation Capital Improvement Program (TCIP) prioritization and planning. The TCPPS is a methodology for selection of capital projects to improve intersections and roadway corridors in the City and aligns with our Vision Zero Action Plan (Vision Zero) and our Active Modes Plan (AMP).
The purpose of this item is to repeal Resolution 2003-008, which adopted a policy for the use, management and retention of electronic mail by the Mayor and Council. In its place, Council will consider adopting the City’s Administrative Policy 2.02 “Electronic Records Retention,” which will govern use, management and retention of electronic mail by the Mayor and Council.
The purpose of this item is to authorize City staff to enter into a professional services agreement with Plante Moran PLLC, the independent audit firm recommended by the Council Finance Committee. The Committee interviewed three finalists at the August 16, 2023, special meeting and adopted a motion to recommend Plante Moran for the Council’s selection.
The purpose of these items is to consider a resolution and ordinance that reflect the recommendations of the Ad Hoc Committee on Boards and Commissions.
A. Resolution 2023-089 Approving Amendments to the Board and Commissions Manual.
B. First Reading of Ordinance No. 131, 2023, to Extend Terms of All Board and Commission Members to Align with New Recruitment and Interview Schedule and Waive Eight Year Service Limit.
END OF CONSENT CALENDAR
Registering to vote is the first critical step to participating in elections in Colorado. The upcoming municipal election will be held as a coordinated election conducted by Larimer County and all active registered voters will be sent a mail ballot to participate in the election. Ensuring eligible Fort Collins residents have active voter registrations is one key to maximizing voter participation in this election.
National Voter Registration Day is an annual nationwide event, occurring this year on September 19, focused on ensuring people eligible to vote across the country know how and where to register. In Colorado, online voter registration is fast and easy through the Secretary of State’s secure resources at: www.GoVoteColorado.gov.
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.
As adopted during Council’s regular meeting on September 5, 2023, the Ordinance includes the following requirements for new neighborhoods and existing neighborhoods located adjacent oil and gas wells:
Oil and Gas Buffers:
Buffer Standards:
If a new development application (either for future development that is not built or for additional development within an existing development (e.g., Hearthfire and Richard’s Lake)) is deemed complete prior to the adoption of Ordinance No. 116, 2023, the standards currently in the Land Use Code (Ordinance No. 114, 2018) are applied to the development application. Development applications currently under review within the active oil and gas field and under the existing standards include Sonders Village (PDP230012), Water’s Edge Parks (MA210077), and Montava Phase G (BDR210013).
This Ordinance, adopted on First Reading by a vote of 6-1 (Nays: Ohlson), considers amending Chapter 2, Article III, Division 1 of the Code of the City of Fort Collins to Add City Council Liaison Responsibilities.
The purpose of this ordinance is to change the Code language in Section 2-72 in order to provide flexibility for one or more boards to meet together. The responsibility for the Council liaisons in making the determination of allowing the joint meeting has also been added to Council liaison role section:
(d) Two or more board or commissions, committees of boards or commissions, or representatives from each such board, commission or committee may hold a joint meeting if the subject of the meeting specifically relates to the functions an item or project in the work plan of each participating board or commission, or if the City Manager or City Council liaison assigned to each of the involved boards or commissions has approved the joint meeting.
NOTE: Due to a split vote on Ordinance No. 117, 2023 (Nays: Ohlson), on Second Reading it will be on Discussion. Second Reading of Ordinances Nos. 118, 119 and 120 are on Consent, as they passed unanimously.
This Ordinance, adopted by a vote of 6-1 (Nays: Peel) on First Reading on September 5, 2023, adopts Land Use Code provisions to add specific regulations outlining how the City will make water adequacy determinations for development. The proposed regulations are divided into three different categories for: (1) established potable water supply entities; (2) new, or other potable water supply entities; and, (3) non-potable water supply entities. The goals of these changes include: complying with Colorado state statutory requirements (Section 29-20-301, et seq., C.R.S.); ensuring development has an adequate water supply; providing City staff with guidance to make these determinations and applicants with certainty on the requirements; and ensuring that growth and development in the City occur in a planned and coordinated manner. Other than minor, non-substantive clarifications, the proposed regulations are the same as those discussed at the June 6, 2023, Work Session. The Planning & Zoning Commission has recommended adoption of the proposed regulations (4-2 vote).
(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.)
"I move that Council adjourn this meeting until after the completion of the Stormwater Utility Enterprise Board business."
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 advance notice. Requests for interpretation at a meeting should be made by noon the day before.
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 aviso previo cuando sea posible. Las solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día anterior.