PROCLAMATIONS & PRESENTATIONS
City Manager Review of Agenda
Consent Calendar Review, including removal of items from Consent Calendar for
(Including requests for removal of items from Consent Calendar for individual discussion.)
Individuals may comment regarding any topics of concern, whether or not included on this agenda. Comments regarding land use projects for which a development application has been filed should be submitted in the development review process** and not to Council.
• Those who wish to speak are required to sign up at the table in the lobby, or online if participating remotely.
• Each speaker will be allowed to speak one time during public comment. If a speaker comments on a particular agenda item during general public comment, that speaker will not also be entitled to speak during discussion on the same agenda item.
• All speakers are asked by the presiding officer to identify themselves by raising their hand (in person or using the Raise Hand option on Zoom), and if in person then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those who are not able to stand while waiting). Those participating online will be called to speak following those attending the meeting in person.
• The presiding officer will determine and announce the length of time allowed for each speaker.
• Each speaker will be asked to state his or her name and general address for the record, and, if their comments relate to a particular agenda item, to identify the agenda item number. Any written comments or materials intended for the Council should be provided to the City Clerk.
• A timer will beep one time and turn yellow to indicate that 30 seconds of speaking time remain and will beep again and turn red when a speaker’s time has ended.
[**For questions about the development review process or the status of any particular development, consult the Development Review Center page on the city’s website at , or contact the Development Review Center at 970.221.6760.]
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 the 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.
The purpose of this item is to approve the minutes of the June 21, July 5, and July 19, 2022, Regular Meetings and the July 12, 2022, Special Meeting.
This Ordinance, unanimously adopted on First Reading on July 12, 2022, sets the salary of the City Manager effective July 1, 2022.
This Ordinance, unanimously adopted on First Reading on July 19, 2022, authorizes the conveyance of a stormwater drainage easement to Sun Foothills Fort Collins, LLC (“Sun”) on undeveloped City-owned real property located south of Trilby Road and east of South College Avenue (Assessor’s Parcel No. 9613200927). This easement is necessary for Sun to develop its property adjacent and to the north of the City’s property. In exchange, Sun will convey to the City a stormwater drainage easement on its property that will allow the City, or future owner, to use Sun’s property for stormwater drainage from the City’s property when developed. The execution of the Reciprocal Stormwater Drainage Easement Agreement will effectuate the reciprocal conveyances.
The purpose of this item is to authorize the conveyance of an Emergency Access Easement (EAE) to Poudre Fire Authority (PFA) on City-owned real property located at 430 N. College Avenue. The City leases this property, which is the location of the Powerhouse Energy Campus, to the Colorado State University Research Foundation (CSURF). CSURF has submitted plans to the City to make improvements to the property to support a hydrogen fueling station and turbine generator. As a condition of approval, the City, as property owner, is required to convey an EAE to PFA to support fire truck and emergency equipment access, which is a common requirement for new development and improvements on certain properties. Conveyance of the EAE is the final action needed for the City’s Planning, Development, and Transportation Department to approve the project and issue construction permits as CSURF has met all other lease and development review requirements.
The purpose of this item is to authorize the City Manager to execute an amendment extending the existing New Cingular cell site lease at the ball fields at City Park. The amendment would extend the end of the current lease terms from March 8, 2023, to October 20, 2023, and allow an additional 5-year term from October 21, 2023, to October 20, 2028. New Cingular has leased the site from the City since 2005. Annual rent received by the City will increase from $20,736 to $24,000 for the first year of the 5-year term with 3% increases every year afterwards.
The purpose of this item is to dissolve the Parking Advisory Board.
The purpose of this item is to appropriate unanticipated grant revenue in the General Fund for the Environmental Services Air Quality Program. This grant directly supports Council Priority #17, Improved Air Quality, and includes $108,200 of grant funding provided by the U.S. Environmental Protection Agency (EPA) and associated with the American Rescue Plan Act to support local monitoring of National Ambient Air Quality Standard (NAAQS) pollutants in and near communities with environmental justice concerns who face disproportionate exposure to these pollutants and health risks and are also associated with increased vulnerability to COVID-19.
The purpose of this item is to propose a graywater ordinance for Council’s consideration, which is necessary to allow graywater systems to be installed in the City. The proposed graywater ordinance would enact a voluntary program for graywater use for toilet flushing in Fort Collins Utilities’ water and wastewater service areas, as well as the service areas of consenting water and wastewater districts in the Growth Management Area (GMA). The proposed graywater ordinance would be consistent with State regulatory requirements and local water right limitations.
The purpose of this item is to adopt a resolution supporting the RESTORE Big Game Critical Winter Range Habitat project and the City and Larimer County’s related intergovernmental agreement. The Larimer County Department of Natural Resources was recently awarded $328,900 by the National Fish and Wildlife Foundation RESTORE Program. Larimer County is the prime recipient, together with subrecipients Colorado Parks & Wildlife (CPW), City of Fort Collins Natural Areas Department (FCNAD), Boulder County Parks & Open Space, and Jefferson County Open Space.
Funds from the award will be used to control and eradicate invasive annual grasses across 4,385 acres of Northern Colorado foothills open spaces to improve critical winter habitat for elk and mule deer. As a partnering agency, FCNAD will receive $58,500 to treat 780 acres across Coyote Ridge and Bobcat Ridge Natural Areas. To share the funding, Larimer County has requested that the City of Fort Collins enter into an Intergovernmental Agreement (IGA), a draft of which is attached to the Resolution as Exhibit “A”.
The purpose of this item is to determine substantial compliance and initiate annexation proceedings for the Peakview Annexation No. 1. The Applicant has submitted a written petition requesting the annexation and proposed zoning. The Peakview Annexation No. 1 totals 5.7-acres and is located generally northeast of the East Mulberry Street and Greenfields Court intersection.
The requested zoning for this annexation is General Commercial (C-G), Neighborhood Commercial (N-C), and Medium Density Mixed-Use Neighborhood (M-M-N), in compliance with the City of Fort Collins Structure Plan and the East Mulberry Corridor Plan. No project development plan proposal was submitted in conjunction with the annexation application.
This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins City Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreement Regarding Growth Management.
This Resolution accepts the donation from Diggs Brown for a bronze sculpture entitled, Arthur-My Hero, My Friend, that will be placed at the Veterans Plaza located in Spring Canyon Community Park.
The purpose of this item is it to approve expenditures from the Art in Public Places (APP) Reserve Account to commission an artist to create art for the Glenmoor Pond Enhancement Project. The expenditures of $55,000 will be for design, materials, signage, fabrication, delivery, installation, and contingency for APP artist Lisa Cameron Russell to create the art for the Glenmoor Pond Project.
The purpose of this item is to approve expenditures from the Art in Public Places (APP) Reserve Account to commission an artist to create art for the Bucking Horse Park Project. The expenditures of $67,000 will be for design, materials, signage, fabrication, delivery, installation, and contingency for APP artist Joshua Wiener to create the art for the Bucking Horse Park Project.
A. Resolution 2022-086 Making Appointments to the Air Quality Advisory Board.
B. Resolution 2022-087 Making an Appointment to the Art in Public Places Board.
C. Resolution 2022-088 Making an Appointment to the Citizen Review Board.
D. Resolution 2022-089 Making Appointments to the Historic Preservation Commission.
E. Resolution 2022-090 Making Appointments to the Human Services and Housing Funding Board.
F. Resolution 2022-091 Making Appointments to the Natural Resources Advisory Board.
G. Resolution 2022-092 Making an Appointment to the Senior Advisory Board.
The purpose of this item is to fill vacancies on various boards and commissions.
END OF CONSENT CALENDAR
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.
(staff: Honore Depew, John Phelan; 10 minute presentation; 30 minute discussion)
The purpose of this item is to consider adoption of a Resolution setting an interim target for community greenhouse gas (GHG) reductions between now and the 2030 goal of 80% below 2005 levels. The specific date and reduction target in the Resolution may be determined by City Council during discussion.
In support of Council’s discussion regarding the establishment of an additional interim goal between now and 2030, staff have projected the community GHG inventory for 2026. The expected range, based on currently planned projects and known variability factors is between 28% and 48% below 2005 baseline. If a Resolution is adopted, staff recommends choosing 2026 as the target year for an interim goal because it falls halfway between the current year and 2030, allowing for two full City budget cycles before and after the interim goal year.
(staff: Paul Sizemore, Jenny Axmacher; estimated hearing time 3 hours)
The purpose of this quasi-judicial item is to consider an appeal of the Administrative Hearing Officer’s Decision on May 2, 2022, approving the Sanctuary on the Green Project Development Plan (#PDP210018) located near the northwest corner of N. Taft Hill Road and Laporte Avenue. A Notice of Appeal was filed on May 31, 2022, alleging that the Administrative Hearing Officer considered evidence relevant to their findings which was substantially false or grossly misleading including misrepresentations and mischaracterizations of several items from the Applicant and City staff. The Notice of Appeal further alleges that the Administrative Hearing Officer was biased against the appellant by reason of a conflict of interest or other close business, personal or social relationship that interfered with the Decision Maker’s independence because the application was allowed to go through a Type 1 hearing. The appellant also believes the public hearing structure, which does not allow rebuttal from the public to final statements made by the Applicant or staff, is unfair.
Lastly, the Notice of Appeal alleges the Administrative Hearing Officer failed to properly interpret and apply relevant provisions of six sections of the Land Use Code including Section 1.2.2 (Purpose), Section 3.5.1 (Building and Project Compatibility), Section 4.5.D.1 (Low Density Mixed-Use Neighborhood District Density Standard), Section 3.4.7 (Historic and Cultural Resources), Section 3.5.2(D)(1) (Orientation to a Connecting Walkway) and 4.5 (D)(2)(a) (Mix of Housing).
(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.)
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.