City Council Meeting — September 16, 2025

Here we have a couple of three more. Here we go. Great. Good evening, Fort Collins. Welcome to the proclamation portion of tonight's meeting. The time is now 5 p.m. and we have four proclamations.

First, we'll do the hand of feets, then Constitution week, then Hispanic Latin A Heritage Month, and then suiChinatown-International Districte prevention awareness month.

Ready? Here we go. Whereas the sugar beet industry played a significant role in the agricultural history of Colorado, particularly in the agricultural history of Colorado, particularly in the twenty twenty century, when it became the most important of the United States of Texas, important agricultural activity in the state, and by 1909, the largest sugar-producing state in the United States. And whereas area farmers relied on sugar beets as a vital cash crop, requiring intense labor of thousands of non-unionized field workers, leading farmers and sugar companies to recruit Mexican and Chicano workers who toiled from sunup to sundown to meet the demands of each harvest and become an integral part of the agricultural workforce in Colorado. And whereas by the late 1920s, the sugar beet industry had become the largest employer of Hispanics in Colorado, and these individuals performed essential yet often overlooked labor that contributed significantly to the prosperity of the industry. And whereas the short-handled hoe, a common tool in sugar beet cultivation, symbolized the exploitative working conditions endured by agriculture laborers, resulting in long-term physical consequences for many. This plight prompting organizations such as the United Farm Workers, who brought attention to these injustices, culminating in the outlawing of the short-handled hoe, but not until 1975. Whereas it is essential to honor and recognize the contributions of all of those who labored in the sugar beet fields, acknowledging their vital role in shaping Colorado's agricultural landscape and history. Now, therefore, I, Jenny Arndt, the Mayor of the City of Fort Collins, do hereby proclaim October 9, 2025, as the Hand That Feeds Day, in recognition of the invaluable contributions of agricultural labors in the sugar beet fields and to honor their legacy of hard work, resilience, and determination. I encourage all residents of Fort Collins to reflect on the history of agriculture labor in our community and to celebrate the contributions of those who have worked tirelessly to feed our state and our nation. Congratulations.

So I just want to say thank you all for coming. You know, this is our history, preserving our history, making sure that we have a legacy.

And that hand that feeds that sits in Sugar Beet Park

cemented our place in history. And I'm really, really proud that we continue the legacy through

film, through the monuments, and that we continue to make sure our place, our contributions, our legacy. Thank you.

Thank you. Thank you.

Okay, will you take just one step over? Okay, will you take just one step over?

There we go, perfect. Yeah, perfect. Okay, ready? One, two, three.

Okay, great, thank you. Thank you. Thank you so much. Thank you. Great.

Next up is the Constitution Week, celebrating.

Thank you for coming.

Ready? Okay.

Whereas it is the privilege and duty of the American people to commemorate the 236th anniversary of the drafting of the Constitution of the United States of America with appropriate ceremonies and activities, and whereas Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States designating September 17th through 23 as Constitution Week. now therefore I Jenny Art mayor of the city of Fort Collins do hereby proclaim the week of seven September 17th through 23rd 2025 as Constitution week would you like to say some words congratulations thank you so a couple

little tidbits that I didn't know about the Constitution our Constitution is the oldest and longest standing written and codified national constitution in force in the world today. And Constitution Week is now 69 years old and came about from a congressional resolution petition by the DAR, which is who I'm representing. Why do we celebrate Constitution Week? And why is it so important? Do you remember when the last time you read part of the Constitution?

That's why we celebrate every year from September 17th to the 23rd.

It needs to be read and re-read. It talks about our rights as citizens as well as defining the structure, functions, and

limits to the authority of the federal government. Know your rights.

At every DAR meeting we recite not just the Pledge of Allegiance but the American's Creed and the preamble to the Constitution.

And finally, a quote by John Adams, you will never know how much it has cost my generation to preserve your freedom.

I hope you will make good use of it. Thank you so much. Thank you.

Great. Next up, we have Hispanic Latin Heritage Month.

Anybody here for that?

Perhaps? Okay. Okay, back up. Okay, okay, back up.

keep coming

yeah let's go up on this side too yeah

I love it

so good is that it? are you sure? nobody else? everybody's welcome

Arpie. Arpie.

Arpie. Arpie. Get up here.

Okay, great. Thank you for coming up. Here we go. Whereas, Hispanic Latin A Heritage Month, observed annually from September 15th to October 15th, celebrates the histories, cultures, and contributions of people with ties to Spain, Latin America, and the Caribbean. The dates were chosen to include key Independence Days, such as those of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, on September 15th, and Mexico's on September 16th. And whereas the largest ethnic, linguistic, and cultural group in Fort Collins at nearly 20% of the population, the Hispanic-Latin-Aid community reflects true diversity and represents all genders, races, socioeconomic statuses, nationalities, ages, sexual orientations, religions, and abilities. and whereas Fort Collins is proud to be home to many people of Hispanic Latin descent who play an important role in our strength and prosperity by making the community vibrant, strong, productive and whose tenacity, energy and leadership are woven into the culture of Fort Collins and whereas it is the role of city leaders, city institutions and community members to commit to the removal of cultural and systemic barriers, combat discrimination, promote tolerance and social justice, and advance the cause of equity and inclusion for all in our community, including community members of the Hispanic-Latine descent. And whereas the city celebrates Hispanic-Latine community members, organizations in business, and the invaluable contributions to Fort Collins, offers thanks and gratitude to Hispanic-Latine leaders and contributors in education, the arts, sciences, medical fields, military, government, business management, nonprofits, social justice organizations, and more. As a city, we will continue to support such organizations and businesses and individuals and recognize their important contributions to our community and to our city. And whereas the Fort Collins City Council and staff commit to making Fort Collins a welcoming community for all living here, to expanding opportunities in business education, the arts, sciences, government, and leadership, to removing barriers to equity, addressing hate and bias, and promoting equity and justice for the Hispanic and Latin A community members. We recognize that there is more work ahead of us and commitment to the fundamental community values of equity and inclusion in Fort Collins, ensuring that all residents feel respected, valued, and affirmed. Now, therefore, I, Jenny Arndt, the mayor of the city of Fort Collins, do proclaim September 15 through October 15 as Hispanic Latin A Heritage Month in Fort Collins and encourage residents to participate and celebrate the cultural riches that our Hispanic Latin A community has to offer.

Hello everyone. Thank you all for joining us on a special night of remembrance and

acknowledgement. For those who may not know me, my name is Odette Tomas Serat and I'm a first generation Guatemalan American, so it's nice to meet you all. As a child of immigrant parents, I'm extremely appreciative of their hard work and devotion to themselves and to my family. My parents immigrated from Guatemala when they were around 16 and 17 years old. They left behind all sense of familiarity and came to the United States without an ounce of help. But they arrived determined, carrying hopes and dreams. Hopes and dreams that turned out to provide a better life for their two daughters and two sons. My siblings and I have been able to live a fulfilling life because of our parents' sacrifices. Like many other immigrant families, we, the new generation, carry on our lineage and ancestors through new doors and pathways. We may carry big burden, but never a bad one.

We are embarking on new journeys and proving that we, Latinos and Hispanics, are here to stay and plant our roots.

Hispanic Heritage Month is important because it gives us the opportunity to celebrate our history, honor our culture,

and be recognized for the hard work and sacrifices that have shaped this country.

It reminds the world that our contributions matter. We will not forfall any negative narratives about our community. We know who we are and what we stand for.

In today's political climate, as our communities face attacks and challenges, we must stand stronger than ever before, showing that the negative stereotypes written about us are untrue. By continuing to pursue our dreams and filling spaces that were never meant for us, we go against the narrative. This is a power that we all Latinos and Hispanics hold and one we should be proud of.

We are not weak and never have been.

By pursuing higher education as I am, I go against the narrative. I am proving that a child of immigrant parents can become a college graduate, a future attorney, a future homeowner, and so much more. Not only am I defying the false narratives written about my community, but I am doing so well standing strong and firm. I know exactly who I am, a first-generation student, a daughter, a friend, and most importantly, a Latina. This is why this month matters. It's a time to celebrate our resilience, highlight contributions, and remind the world that our presence is powerful and enduring. Thank you.

This is annoying. What's going on? I'm sorry.

Ready? One, two, three.

Can you just, yeah.

Okay, ready? One, two, three. Okay, there's one more, right? One more confirmation? Yeah, after this.

Yeah, okay, so take your seats quietly, and we've got one more guest room. One more guest room.

Who wants that?

Good job. It was fun to have everybody come up. The next...

The next. Proclamation is SuiChinatown-International Districte Prevention Awareness Month. Hello. Hello. Okay. This one was happy. Whereas every life is precious and when we lose someone to suiChinatown-International Districte, our whole community fits. kills the weight of the loss. And whereas suiChinatown-International Districte is preventable when we listen with compassion, reduce stigma, and create spaces where people feel they belong and can find hope. And whereas Fort Collins is a city that believes in flourishing together, building a culture of care where all residents are supported, connected, and empowered to thrive. And whereas the Alliance for SuiChinatown-International Districte Prevention of Larimer County, along with countless partners and volunteers, continues to remind us that prevention is not only about responding to a crisis, but about nurturing community, courage, and connection. And whereas during the month of September 2025, we unite to honor those we have lost, uplift survivors, and recommit ourselves to building a city where it is safe to seek help, safe to share our stories, and safe to imagine a hopeful future. Now, therefore, I, Jenny, aren't the mayor of the city of Fort Collins to hereby proclaim September 2025 as suiChinatown-International Districte prevention and awareness month in the city of Fort Collins and call upon all residents to extend compassion, break the silence, and join together in creating a resilient and thriving community where every person feels valued and supported. Thank you. Hello. My name is

My name's Kim Muller, and I am honored to serve as the executive director of the Alliance for SuiChinatown-International Districte Prevention. And what just happened up here, like two minutes ago, has me weeping.

Like, that is suiChinatown-International Districte prevention. Like, that, the work that our community is doing, the work that you are all doing is suiChinatown-International Districte prevention.

And I'm like, mic drop, like, thank you. we are honored to be able to serve our community and create opportunities of connection and create opportunities for people to be seen and heard and so I just have one challenge for you all this month and that is to please check in on somebody that's been heavy on your heart thank you

That now concludes the proclamation portion of tonight's meeting. Please join us at 6 p.m.

Yeah.

Oh, sure.

For our business meeting.

Thank you. That's just so the FCTV can close out.

Okay.

Good evening, Fort Collins.

The time is now 6 p.m. And I called a regular meeting in the Fort Collins City Council in the border.

Please join me for the Pledge of Allegiance.

I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation and a God, indivisible, with liberty and justice.

will the clerk please call the roll

Arndt here Francis here Olsen here Pat Yandy here Canonico here Pina Taro here Gutowski here

great everybody's here we appreciate all the who have joined us tonight in person or virtually we're all here for the same purpose which is the future of our community and that's something we all care about I ask that we be respectful while people speak and afterwards and everyone will have a chance to be heard so will the city manager please provide

a review of tonight's agenda yes thank you mayor good evening everyone um there are no changes to our published agenda tonight's consent calendar does include 17 items and then we'll have three discussion items this evening um all relating to the city's ethics rules and then finally there will be consideration of a motion to adjourn this meeting until after the completion of the electric

utility enterprise board business great thank you very much there are no community reports tonight so will the staff play the public participation video there are three ways to participate in city

council meetings in person in council chambers online via zoom or by phone

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on any topic including other agenda items during the public comment period

or you can comment on specific items when they are brought for consideration

later in the meeting however you may only speak on an agenda item once either during general public comment or during that item specific discussion

The mayor will call by name those who have signed up to speak in the order they signed up.

Connect to the internet on your computer or mobile device and join the Zoom meeting.

The link and instructions are on the meeting agenda and at fcgov.com.

Click the raise hand button and leave it raised until called on.

dial the number shown on the meeting agenda and enter the meeting ID

press star 9 to raise your hand please note that public comment is not permitted about any items that could be appealed to City Council like certain kinds of development projects information

and resources about how to participate in the development review process are available on the

City's website. Finally, please remember that public comment is not a question and answer session,

and all comments should be addressed to City Council, not to individuals.

All speakers and audience members should treat everyone with respect and dignity,

maintain a welcoming environment, and avoid actions that could be distracting.

Please enter and exit Council Chambers quietly if the meeting is still in progress.

great

council will now hear public comment as a reminder the rules of procedure provide public comment to

be let's see that's not pertinent for tonight we only have eight people signed up so you'll each

have three minutes and we will start with public comment with Shane do we have Shane Brody here

No. Okay. Tom Griggs.

Good evening. My name is Tom Griggs. I'm a candidate for school board this year, PSD school board.

And I've gotten a lot of questions about how are we going to respond to the federal budget cuts and state budget cuts that have been either threatened or

have been made a reality that we have to face. And I started thinking about that question and

how deeply I could respond at this point as someone who is not currently involved in a member of the school board. My answer is community. And so I started doing research into what kinds of

partnerships exist in the community. And I was astounded by what I've discovered. There are so many groups, so many groups and so many projects that support the school district and the kids that attend the schools and especially the kids in need. There's coats and hats, there's chamber of commerce projects to help kids who graduate from Poudre school districts to get jobs and get internships and experience in the work world to help them get going. And I can barely name all the different groups that I've come in contact with and the individuals doing really creative and innovative

projects that support kids, support the school system, and help bind this community together. And I just wanted to applaud them all.

And one of the groups I want to applaud and recognize is the liaison committee for the city

that brings members of the city, leaders in the city, leaders in the county, and leaders in the school district together. Because that's how we're going to respond to budget cuts. We're going to get more innovative. We're going to get creative.

We're going to let our differences lay low and talk about our problems in open ways and meaningful ways and really try to make a difference.

So I'm very encouraged in spite of the current political climate and scary times that we're living in, that we will find ways to be very successful in our partnerships and in our support of the schools because we recognize the importance of schools to this community at the very heart of the community.

So thank you all for your efforts in contributing to that.

Thank you. Next, we have Rick Casey.

Good evening, Council. I'm Rick Casey. I reside in District 1 in Fort Collins. I'm here on behalf of the Fort Collins Sustainability Group to comment on the proposed organic contract that you're going to have our first reading on tonight. We disagree with the contract on the following points. The proposed duration should be no longer than 20 years. 50 years is way too long. The contract should allow for persons who generate surplus electricity, called prosumers, to be properly and transparently compensated. Such prosumers should be granted the proper legal rights to the power that they generate.

the PRPA should not be allowed to limit the amount of non-carbon energy goal rather they should be told by the PRPA board what that will be we would like to

make clear to the concerned public that the PRPA is not regulated by any state or federal regulators like every other utility in this state the board composed of eight members from the four municipalities served by the PRPA is the only entity that can protect the public from any actions that the PRPA management takes, which may be contrary to the interests of the public or broader environmental goals. The public needs to know this and to support a stronger control of the PRPA by the board over the PRPA management team. In that vein, we believe that Fort Collins should not be restricted in who it appoints to that board, which needs more qualified members who can stand up to PRPA management and advise the board in a more sincere, disinterested, and qualified manner. Finally, we believe there should be a restriction against the burning of fossil fuels by PRPA on high ozone days. There is no mention of this in the contract, and since this council has allowed the PRPA to build a new gas-powered power plant, it should also make this provision to protect our air quality. Thank you very much.

Thank you. Next, Joe. Good evening, Madam Mayor, Members of Council, Joe Rowan, District 5. I'm not here to offend anybody personally, but I am going to disparage the content of the presentation that you received last week at your work session regarding impact fees. And I'm just going to call out the very first statement that was made, and that was that we can all agree that the cost of replacing these assets has exceeded inflation. And I think that was a very telling statement because what it's doing is it's conflating what we're doing with what actually we need to do. And that is about a year and a half ago, I bought a pair of shoes and I wore them out. So a couple of weeks ago, I went down and bought another pair of shoes and the price went up. Apparently, I'm not paying tariffs, but I'm paying something else. But what occurred to me was I could have easily drawn down to Cherry Creek and bought myself a pair of Italian leather shoes. That would have cost a whole lot more. That has nothing to do with inflation. And so what we're talking about when we talk about impact fees is we're not talking about buying what we need to buy. We're buying what we want to buy. And that has no relevance to inflation. So the cost of what we're buying really can't be equated in that sense. It's we can afford it, therefore we'll spend it. And I think it's also interesting that one of the questions that came is, well, we're talking about replacement value. Is that really still appropriate? And do we need to replace all that stuff? Where would we put it if we did? And the answer was, we're not really replacing everything. It's just in the numerator. Well, he also used the example of fire apparatus as being a driver of costs that have nothing to do with inflation. unaware of the fact that PFA charges their own impact fee that does include the cost of fire trucks. And so maybe we get a quick win. Let's take the fire trucks out of the numerator and see if that doesn't lower the fees. I think that, you know, it also became kind of a circular word salad in which we're really just saying what we're presenting is the maximum fee we can charge. you can come up with something less but really we're so far behind we need the maximum so really the maximum is the answer and so the only reason I'm bringing this up tonight I know you're not going to look at it again for a couple more weeks but I think it's it became very apparent that there's an agenda from that's coming from staff to maximize these fees because that's what they want to spend West Seattle, Texas. ! ! And if we're going to be taking, I guess, a look at level of service and be concerned that we're not ! delivering neighborhood parks, even though we're collecting a fee for those parks, we should look ! at that over the last 20, 25 years, because that's what's been going on. In fact, my neighborhood ! and the neighborhood of the city manager paid a neighborhood park fee. No neighborhood park. In fact, ! our community park is going to be out by Montava. So, is that really what we're intending to do? Thank you. Thank you. Barbara? Thank you. Barbara?

Hello, Council. I'm Barb Krupnik-Goldman. I live in Council District 6. Yesterday, in your email, you received a letter from the Fort Collins Sustainability Group, signed by me, regarding the proposed changes to the contract with PRPA. Today, I'm speaking on that topic, but I'm speaking for myself and not as a representative of FCSG. I hope that you read the letter and that you had some time to really think about the modifications that it proposes. And I hope that you will vote no on the contract as written so that important changes can be made which will allow for Collins to pursue a better path of more renewable energy. But I know that it's far more likely that most of you saw the letter and said, oh, it's just them again, and passed it by. Yes, it is just us, us who seem to think that the heating of the planet is really an emergency and that we really should take urgent action. It's just us who think that our grandkids should be able to breathe our air without damaging their lungs. It's just us who actually, many of us, have a deep understanding of energy and climate issues and have been proposing sensible policies and solutions to meet the crisis and many times being ignored. And I know it's also far more likely, even though I'm standing here speaking again, that you'll vote yes on the proposed changes regardless of the good ideas that your constituents have put forth. Fort Collins is supposedly committed to the expeditious and complete elimination of fossil fuel derived energy from our energy supply. Perhaps you're aware that this weekend there's a nationwide, actually worldwide, celebration taking place called Sun Day. It's a day to educate folks about and celebrate renewable energy and electrification. There are hundreds of events being planned across the country and nine, I think, just here in Colorado. The events are sharing the news that renewables are now the cheapest and cleanest way to generate energy and that we can and must turn away from fossil fuel and not build more. Even though PRPA is not serious about their 100% renewable energy goal, Fort Collins still can be. there's no reason to approve a contract with PRPA that prevents Fort Collins from taking advantage of opportunities to do better thank you thank you I don't

see Adam is he here he sent an email instead mayor okay I hope you're well Adam thank you for your email and then last one is Kimberly Connor and she's remote. Please go ahead, Kimberly. Can you hear me? Sure can. Kimberly Connor, Human Services and

Housing Funding Board, but not representing the board at this time. As you should be aware, the United Nations declared today that Israel is committing genoChinatown-International Districte in Gaza. I have emailed you a link to their news release as well as a PDF copy of the report documenting this decision. The United States is directly financing this genoChinatown-International Districte. Our town is also directly tied to it as the headquarters of a participating weapons manufacturer. We have a responsibility to oppose this crime, both as citizens of one of the countries responsible and as people in a community with direct involvement. I ask that you consider all the tools that our community has available to oppose the genoChinatown-International Districte in Gaza. pass the ceasefire resolution we have been asking you to consider go beyond that and demand our national government leaders to stop supplying weapons and to follow u.n guidelines on genoChinatown-International Districte prevention investigate if the city of fort collins has any ties to israeli investments or weapons manufacturers and divest from them do whatever you can regarding zoning and permits to prevent companies in town from profiting off of genoChinatown-International Districte it's illegal to materially support terrorist groups. I cannot see how it is any different to materially support military groups committing genoChinatown-International Districte even if it's just asking them to stop, do something. Thank you. Thank you.

That brings public comment to a close. Does anyone on City Council have any follow-up to public comment?

Kelly Wilson. Thanks, Mayor. I guess I just wanted to let the people know that spoke on the platte river power authority organic contract there will be pulling

that item and i suppose my follow-up is that just so the public knows that it's in the colorado

state constitution that the public utilities commission cannot have oversight over a joint action agency which is how the structure of platte river power authority is so that would take a

constitutional amendment to change that. And as far as expertise on the board, we have our four utilities, heads of utilities for the four cities and the four mayors. And the four mayors provide the public oversight and the four utilities, heads of utilities from all the cities provide the technical expertise. So just to, for the public to know how that's structured. Also, the PUC is a political appointment by the governor and the governors can change. So I don't, there are four nonpartisanally elected mayors on the board that are, have a fiduciary responsibility to each of our cities to over oversee what we do in our jointly own joint action agency to be our local power generator.

So that's, that's sort of how that works. That's my only comment there. Any further comments? Seeing none. does anyone on council wish to pull a consent item for individual discussion

if so explain yourself thank you mayor I'd like to pull item number 14 please

okay do you want to do a one sentence why I just have some questions and yeah

that's fine okay great is there a motion to approve the items on consent calendar

minus item 14 yes I move to adopt the consent calendars item 1 through 17

Minus 14 second second if I can't it arrow well the clerk please call the roll Francis yes Olson yes yes Canonico yes Pinotero yes Katowski yes aren't yes past motion passes 7-0

council members have any comments on consent go ahead pin your yeah I just

wanted to point out either item number seven I consider this a good news item It's an appropriation for the intersection of Neal and Ziegler, a much needed crossing in that area. So very excited to get that started. I know for the last six years I've been hearing about it since I've been on council. So I'm looking forward to that. Thank you.

Anyone else? Councilman Rosen.

Thanks, Mayor. Yeah, item number 16, dealing with the NOCO County Humane Society contract with the city. That's a, wow, that's changed through the years. It's $1.2 million. Is that annual contract? Wow, that's gone up through the years. So I have one comment and one request of follow-up information for council. Council, one where it says in the item that it says that the Humane Society is to enforce city ordinances pertaining to animals. They certainly have never attempted to do the cat thing, and before there's a chuckles on the enforcing of the cat leash law. Once again, the Council is well aware of this and supportive of the concepts and things, not speaking for them. But the fact is that the depletion of songbird species in the United States, the number one reason for that is the killing of songbirds by domestic cats. They don't kill to eat. They kill to kill. And it even has surpassed habitat destruction as a reason for the diversity and depletion of songbird species in the United States. And the Humane Society, as far as I know, makes no attempt whatsoever to educate or enforce that particular city ordinance. So I feel like voting no for it, but I won't. It's on the consent. But I would like to ask, since it's now a more regional humane society, I'd like to make sure I'd like to get the Greeley contribution City contribution or the other governmental entities contribution including Larimer County Whatever's appropriate the Loveland contribution and I'd like to see how that formula works if it's on per capita in the county or whatever so that we're not being taken for a ride on on Funding more than our fair share so I'd like to see that information come to council in a reasonable time frame, please, so that we're not the ones that are funding other people's services.

Yes, I know that Lori Schwartz, who's our Deputy Director for Planning, Development, and Transportation, has been in many conversations with Humane Society regarding, and I'm sorry, I used the old name, not the new name, regarding the fair share contribution in that funding, and so we can certainly provide that in memo format.

That's great. And I would still appreciate to find out, once again, I think we had a memo a little ways back of what we're doing to try to get them to at least up their education game as it relates to the impact of domestic cats, which I like, by the way. So you saved the emails. I just don't like them randomly and consistently killing songbirds. but if we could could you let us know again of what they're planning on doing to try to since it says here that they are enforcing our city ordinances

pertaining to animals yes and the executive director is here this evening and I see her nodding her head that we will include that in the follow-up

information as well great and I just want to give a shout out to our water department for item 15 it's the beginning of protecting reservoir release flows and that's an important environmental mitigation for the new halogen once that's rebuilt. So just to point out, that's a good news item there too. Okay. No staff reports tonight. Do council members have any reports?

Council member Canonico.

I just want to thank all the city staff that helped make the 10th anniversary of Open Streets a huge success.

It was great to see so many people out rolling and walking and just having fun and listening to the music that was roaming up and down.

It was really a great event.

And I also want to thank CSU for the community breakfast that they sponsored this past week.

It was focused on research partnerships and how their research is bringing innovation and economic opportunities to our city. So a great opportunity to talk with people from across the community.

Who wants to go first? Councilman Grotowski? Yeah, just several open houses, or not open houses, well, open house and celebration of opening and so forth. But a couple of things that came up that would be exciting for you to know. Yesterday, in fact, was the opening of the adolescent unit at Longview Health Center, Behavioral Health Center. and came ahead of time, so everybody was excited about that. The idea that we can now focus specifically on our young people, it was just a joyful time for everybody who was there, provided a tour of the facility. State-of-the-art, as usual, just like the bigger facility is, but definitely something. I mean, there was a time when we never even believed that we would be able to tax ourselves so that we would have the behavioral health facility, much less that we would be able to have an additional facility that took care of our young people. So it was a good time. Also, at Poudre High School this last week, the Transitions Pathways Academy opened up at Poudre High School. And the purpose of that academy is kind of like, I don't know, those of you who might be old enough to remember VOTAC when we actually, you know, had practice skills that we might use for jobs other than a four-year college degree. And that's what is happening now. It's coming. It's actually, it's arrived. I've been looking forward to it for the longest time, developing our young workforce so that they can learn their skills, skills that they will learn in a starting to learn in high school and continuing in a trade school so that they can stay here and work and not have to go off finding jobs. And we have this raw talent that we can now train and who can participate in our workforce. It's, as I said, a long time in coming. Kids who don't want a four-year degree can then earn certification starting in high school and actually leave high school with a job in hand. And that's... It's an amazing thing that we have happening and that's at Poudre High School. Poudre High School. Poudre High School is rocking it in terms of workforce development. Just one last saying and Martinez, Lee Martinez Park celebrated their 40th birthday this past weekend. I don't know. Well, I know that the mayor of the farm. I'm sorry. Did I say park? It's a farm. Yeah, because there were animals there. There are all sorts of things. Sorry. You're right. Lee Martinez farm. And great band was playing. The vibe was amazing. I can't even tell you how exciting it was to be there. I don't know, Mayor, if you feel the same way. But there were kids everywhere. They were doing stuff. They were touching the animals. They were running around, listening to music. People were just happy. They were eating, sitting in the sunshine. It was a happening. And it was a lot of fun. And congratulations to Lee Martinez Farm for their birthday. We wanted to let you know.

Thank you. Council Member Ponyan.

Thank you, Mayor. I will be quick because I was going to speak about the farm, but I'm glad some of my colleagues hit events this week because this seemed like a really exceptionally busy week for really amazing events. And so thanks to all the folks who made all the very cool events happen. But I just wanted to call out the farm's 40th anniversary and especially one employee, Bridget. My first job out of college in 2002

was a day camp counselor at Lee Martinez Farm and Bridget was at the helm in 2002. And I saw her this weekend, still like as spunky and amazing as she was in 2002. And I think a lot of why that's such an incredible resource

for our community is Bridget's hard work and her investment in that. So I just wanted to call her. I mean, it's pretty exceptional to see somebody 23 years later still really enjoying their seemingly enjoying their job and taking care of a really cool asset so thanks bridget councilman roulson thanks mayor i'm glad people mentioned

the farm i i don't do many reports but i'm glad you did so it reminded me of something that what we do up here has consequences um i i don't have any more chances to do this i'm going to do it i I was actually on the council 40 years ago that passed that. And so that's kind of fun to see it because the thing was electric. It was an amazing turnout and what went on. But the thing of why I mentioned what we do is important and things aren't always easy. That passed on a 4-2 vote that until five minutes before that vote, it was dying on a 3-3 vote. A council member was absent. And so it would have died on a 3-3 vote, perhaps at that time anyway, not to be brought back again. So that was created on a split vote. And what we do is important, and it has consequences, and that was a happy ending.

Thank you. I'll just report out that Kelly DiMartino and I were able to go on a learning exchange to Madison, Wisconsin, Wednesday, Thursday, and Friday. And it's a city a little bit bigger than we are with different attributes. But it was really important, and it's good to get out and learn from other cities and what they do. And it's quite remarkable. They have a tech company called Epic, which does the software for medical records. They had a 1,600-acre campus with 14,000 employees. We're like, oh, that's quite large. And their university is very large. And they also have state capital in the middle of their city. So it was fun to, like, get out and look. And thank you to all of the people from Northern Colorado who went and showed a lot of camaraderie and cross ideas as well, too. Is that it? Okay, great. We'll consider item 14. Is there a staff presentation for this?

We do not have a staff presentation planned, but we are ready to answer any questions.

Okay, great, thanks. Any members of the public like to speak on this item who have not already spoken on this item?

Is there anyone online? Seeing none. Let's see. We will just go to Council Member. Questions and comments? Council Member Olson.

Thanks, Mayor. Yeah, the preface is I'm pretty confident in most items up here, but I am not an expert in this arena, nor do I pretend to be.

So some of them might not make any sense, but some of them I'd just like to follow up.

It's an ordinance between first and second reading so that you can do it in more detail and to save time up here. So I'll have a – what? It's two ordinances.

Two ordinances, right. Right.

But we'll get two readings, I meant. We'll get two readings, right, so we can get some follow up in between.

I can't say I know them actually because I don't met them, but I do trust

and share values with them and I do trust what they have to say. So some of the questions are is this being rushed in any way or what's the rush or if we delayed it for more time, what would that actually benefit something?

Good evening, Council. Tyler Maher, Deputy City Manager, joined tonight by Travis Walker, who's our Executive Director

of Light and Power.

Councilmember Olson, to that question, the Platte River Board, and as the Mayor mentioned,

she and I are the city's representatives on that board, last December took up this initiative

to update both the organic contract and the power supply agreement. given the amount of expected spend out of the organization over the coming years in pursuit of the resource diversification policy. And so it has been a thoughtful process since January until now, including an engagement with all four owner communities in the form of a joint work session, the energy boards, Loveland has an equivalent utilities commission, those types of bodies. And so I do not believe it's been rushed, but open to disagreement there.

Okay. 20 years, I don't agree that the proposed duration should be no longer than 20. Disagree with some of the folks with that. But 50, there's a big gap between 20 and 50. So what's the real need to go to a 50-year duration for the organic contract? and kind of all parties agreed that that needs to be redone before that 50-year time that that could be rethought?

Certainly. So the current contract runs through 2060. So we're already engaged for the next 35 years. This is an extension of 15 years. And so that gets us to the 2075 50-year timeline. line. I would be very surprised if we don't update these documents again before 2075.

Okay. Then I'm going to mangle this one. But if you create your own solar energy on your home, I think there's some misunderstanding that this, and in other ways, your own energy that you can still generate even more than you use, and you will be compensated for that. And there's no limit to that, which is different than the 1% city generated renewables. Those are two separate issues. They are. And I think, but I could be wrong, that some people, not all people, are maybe combining those two or confusing those two. Could you speak to the one about the self-generation and if there's any limit to that and if people can be compensated for that? Yeah, I appreciate

the opportunity to clarify this because I think this is squarely in the goals of the city and Platte River. And so I'll start and let Travis fill in where I may have some gaps. But net metering, so which is energy you produce, is not capped in this contract. It is in alignment with the new state law. I know that was mentioned in an email council got as well. And our goal is to make this energy even more productive. And so when we hear folks asking to retain the rights to that energy, if you have a battery pack or a battery wall, you do reserve the right to that. Now, it is in our best interest to have the right incentives, compensation, rate structures, so that you want to join our virtual power plant so that we're able to use those resources effectively to minimize whether they be market purchases or additional generational needs on Platte River side. So it's in the city utilities and Platte River's best interest to get these programs right to where people want to participate in these programs. But it is an opted in program. It is not something that is defaulted. If someone is buying a battery pack, we don't automatically have access to that. Travis, I don't know if you'd add anything.

Yeah, thanks, Mayor and Council. Travis Walker, Light and Power Director. Just to add to what Tyler said, anyone can do whatever they want behind the meter, and it doesn't count toward that 1% community cap.

Brian Thalen team and John Phelan before him have really set us up well with programs, devices, and different things that will help the virtual power plant. And we already have a lot of those devices out on the system. hot water heaters that are controllable, all electric hot water heaters, thermostats for air conditioning, pilot programs for batteries, support for electric vehicles. And like Tyler said, if the virtual power plant comes online, we would be incentivizing these things, helping people hopefully buy them, purchase the power from them at a competitive rate that would help the community as a whole.

Okay, and then I made the classic error of being ready for the next questions, and I didn't hear if you answered. I think there's a good answer of why we don't raise the 1%, but I don't want to speak for you or PRPA. Did you address that?

I did not. I'm happy to, though. I think because we don't restrict net metering and sort of that self-generation, it's not in the best interest of the city as 48% owner of Platte River

to be generating a lot of power by ourselves when we're also paying for the assets that

Platte River has to join. And so we're not against our 1% cap. We're not up against it, I should say. We're supportive of the 1% cap, but the city is not anywhere close to it at the moment. And so it's about where are resources best spent? We don't see a compelling need to change it and in part it's about the best use of our ratepayer dollars okay and as far as

renewable energy certificates otherwise known as rex there's a sentence i guess that um prpa states that their contract for rex ends this year and will not be renewed there was a question raised by an organization why then why don't we write that into the contract so and i won't go into all the details that most of council, I think, understands that wrecks were kind of an easy way out and not really adding much to the whole system. So why not write that into the contract?

I would argue that that is better served as a board policy and board decisions. And the wrecks that were on the books for the last couple of decades came out of a state requirement at the time, and we've confirmed as both board members and with Platte River Management, there are no plans to use unbundled recs at this point in time.

Okay. And then another one that was brought to our attention is eliminating words like environmental responsibility, which you know that's going to catch my attention and probably others. Really, did we have to go out of our way to do that, or what's the thinking on that? And redundancy is a good thing.

I can take that one. Councilmember Olson. We actually discussed that at a Platte River Utility Directors meeting, and as we were reviewing the language, removing that line item was simply just because it didn't address the other two pillars at the same times as it did the sustainability item. So just in order to not add those two in and have it repeat multiple times through the language, we just took that line item out it it it didn't appear in the same sentence as fiscal responsibility and reliability so it would have just been repetitive to keep

it in there so no messages being sent there that it's not important absolutely

not it's it's called out in the first paragraphs of the contracts okay and then

I think I'd ask for this one on a follow-up I mean you're free to always say whatever you want, but I'm trying to move it along on the, and it's kind of complicated, but the ozone days of not generating beyond what our needs are, which doesn't, you know, then punish the four entities. Do you want to answer that now or follow up?

That may be as best as a two-pronged approach. I'm happy to give a high-level answer, which is putting requirements, and we, Platte River addressed this as part of their 1041 land use application with the county commissioners because a very similar question was asked of could the gas assets that Platte River owns be limited to high ozone days. And the answer, as I recall, it was essentially that would be a violation of our covenants with the market that Platte River is joining in part because the market calls the assets. And I think it was, I'm confident it was outside of the purview of the 1041 permit. And I think it, again, would be potentially illegal and perhaps ill-advised given the market covenants that Platte River's agreeing to.

And you're right, I'll do better reading it.

But I understood what you're saying, but you're going to follow up a little bit on that. Yes, happy to.

Okay, thanks for answering my questions. And I think based on,

depending on what I hear from other council members, on first rating, I'll probably vote yes and then think about it a little more and study it a little more and see what

I might have a couple other ones. All council members will get these. But follow up to a couple more questions to get answers to. Thank you. Great. Does it do any other council members have questions or comments? No. And thank you for those questions, Council member Olsen. I think that clarifying questions are really helpful for the community at large that are listening and for better understanding. And there has been a persistent misunderstanding of the net metering, which is we don't limit rooftop solar.

the only thing and and travis you told us in the work session how close we are to the one percent

cap but we're a long way from that yeah as an example that i give riverside solar is a half a megawatt and we could probably do six or seven of them and still be around the cap and our load

will probably still increase with electrification right so we have a lot of way to go we're not any in danger. So I think those questions are very good to clarify and help people really understand how Platte River works with the four communities and what the people set up 50, 52 years ago that has kept our rates low and reliable. So, and moving as fast as we can to our non-carbon future. It's very exciting. So do I hear a motion for ordinance? There's two, there's one item, two ordinances,

ordinance 155 yes I move to adopt on first reading of ordinance number 155 2025 authorizing an amended and restated organic contract for Platte

River power authority second seconded by Pena Taro further comments discussion saying none will the clerk please call the roll Olsen yes Yandy yes Canonico yes Pena Taro yes Katowski yes aren't yes Francis yes motion passes for 155 Do hear a motion for 156 yes

I move to adopt on first reading of ordinance number 156 2025 Authorizing an amended and restated contract with the Platte River Power Authority for the supply of electric power and energy

second second by Canonico For their discussion Seeing none with court please call the roll Pot yandy yes Canonico. Yes Pinotero. Yes good house key. Yes aren't yes Francis. Yes Olsen. Yes motion passes 7-0 And we will go on to our regular discussion items to let me just ask the council You guys want a 10-minute break and come back Go ahead. Okay looks like the consensus is to go ahead. So we're on to item 18 as our staff presentation

We do have a planned presentation this item and we're going to cover all three of the items But we will pause in between for council consideration So Jenny Lopez-Filkins, who is our senior deputy city attorney, is going to cover the presentation for us. JENNY LOPEZ- Good evening, Mayor and City Council.

Tonight we're going to be talking about some code amendments related to ethics rules that are in the city code. And when we think about why, why do these things matter?

If you look, do a little search into why local governments have ethics rules such as these,

you know, what are the goals of them?

And it's to ensure impartial decision making by the members of the governing body to uphold the public trust and to have some rules that prevent corruption and have really clear standards for the people who the rules apply to. City Attorney Kerry Daggett and a paralegal, Brianna McCartan, and I served as staff support to the Ethics Review Board through a series of meetings that happened between April and July and we considered these subjects that we are going to go through now and I'm going to see if I can forward this slides yes so the City Council asked the ethics review board to consider changes to the ethics rules specifically about the acceptance of gifts also about financial disclosures of interests or property or other things of value that members of the governing body have. And then also, if they do accept gifts, what gifts must be reported

and therefore available to the public who might be interested in seeing what those gifts are.

The draft amendments that are being considered tonight include ERB recommendations.

We'll cover first gift restrictions. As Kelly said, I'll take a pause at the end of this portion.

The big question that I think some people may be asking is,

why are we looking at this now? As I understand it, over the years,

the current restrictions that we have in place and exceptions,

have created a lot of confusion over the years. when people are looking at the rules they're just not sure you know whether they can accept a

particular kind of gift and and the questions the same questions seem to come up over and over again

and in their consideration of changes to these rules the erb did look at several other governmental entities gift restrictions rules the state of colorado and all of those cities

that are listed here. There are cities that are most of them, if not all, are home rule cities, and they are of similar size in our state. I think this is probably the most significant and important change in terms of helping to clarify what gifts are allowed. And it's a question that comes up fairly often is it okay to accept an unsolicited gift so in other words a gift that the council member didn't just ask for this is a gift that's given without the appointed official or elected official asking for it and the answer to the question is yes if it's it's less than what is currently $75 in state law, it can be accepted. And if it's within a 12-month period, if it's one person giving that gift, no more than $75 in a one-year period. And the code amendments that we've drafted do adjust that amount that is in state law for inflation. So as time passes, there will be that dollar amount threshold will go up.

The code amendments that we've worked on also clarify or reword some existing prohibitions.

So for example, payment for speeches, debates, or public appearances are still prohibited,

or a gift from a donor who has a matter pending before city council is still prohibited.

These are also changes that have been reworded or clarified. So reported campaign contributions have always been prohibited or have been for several years, and they still are. When we look at a plaque in recognition of public service, that is also continues to remain prohibited. And the language, the new language adds that it must be a gift that's unsolicited, non-pecuniary, reasonable in value, publicly presented by a nonprofit or government. So it puts a little more boundary around what that is.

All right. Can I just clarify something? Yes. I heard you say prohibited, but I think you mean accepted, exceptions.

Yes, I'm sorry. You're right. Just to be clear to the public.

Thank you for that clarification. These are the exceptions. That's right. Thank you.

Yes. Sorry about that. And then also an exception to the gift prohibition is that if there is a gift or something given that is a reasonable cost for attendance at a conference, seminar, or meeting, and the person is attending on behalf of the city, it's documented and they deliver a speech or present, serve on a panel, receive an award or wear a city name tag. And if the cost is paid pursuant to a vendor contract or it's paid by a government or organization to which they've been appointed or they've been asked to attend by the city manager's office, then they may accept the gift. and I know I've just said a lot of words they are in the AIS they're in the code amendments and then also another exception that has continued on is employment compensation that's not a gift another exception is financial aid or scholarships so for example if a council members child applies for a college scholarship and they win that that is not prohibited. Ticket or admission to a charity event attended on behalf of the city and the cost of it is either paid or and the cost of it is paid by the city or any of its affiliated entities.

And it's the cost is less than the state law amount of $75 and that's permitted.

I'm sorry, I said earlier that it's paid by the city. No.

If it's a ticket or admission to a charity event that's attended on behalf of the city

and the cost of admission is paid and it's less than the state law amount, $75, then it is allowed.

A gift for a charitable purpose as determined to be appropriate by the city or its affiliated

entities is allowed with the new exceptions.

I'm sorry, I'm getting a bit lost on my slides here. Just need to catch up.

All right.

So moving on to the next slide, additional new exceptions that are added, a gift to benefit public safety, a public safety or community purpose, award or a prize given at a competition or drawing, if no admission is charged and it's open to the public.

So if you were at the county fair or I'm sorry, some event where there was no admission charged, I think the fair is free.

and it was open to the public, there was a drawing, you put your name in, you would be able to accept that as a gift.

Another example that is exception that is permitted is if there's reasonable cost

and frequency of city-sponsored educational gifts,

then those are allowed as long as they're reported.

Or documented, I should say.

Another new exception is gifts that are perishable or consumable if they're given to the city or a city group. So, for example, if the gift was to a city department, and that would be allowed only if it was approved by the city manager or it was not donated by a city service provider or vendor, or if the group or department is not responsible for regulating or otherwise responsible for transacting business with the vendor. I'm sorry, with the donor.

So that is an exception that has been added in the new amendments.

Another exception is that a gift accepted in a person's official capacity that will become city property.

so if an organization gives tickets to an event to the city manager's office to the city and they don't designate who it is on the city council that it should go to or a city employee it should go to then and it will become city property then that is not a gift

there are a few exceptions that i inadvertently left off of the slide that are in the code amendments and also discussed in the ais one is the reasonable cost and frequency of meals and event tickets pertaining to a council member's official duties if they're documented and not and not intended and don't affect a direct official action. And then the other is mentioned here, discounts that are widely available. So for example, if a discount is offered to a service in the community that's offered to the general public or to say a group of people, a large segment of the population, then that is an exception to the prohibition on receiving the gift. The other, another thing is the reasonable cost of travel on behalf of the city to another city to observe programs, projects, or operations in that city or of its governing body. At the beginning of the meeting, Jenny, I think, Mayor, you mentioned a trip that you had taken to Madison, Wisconsin, and I believe that would fall within this exception that's proposed. We paid fully the city paid. Yeah. We didn't accept any. Yeah. We didn't accept any. Yeah. Okay. Okay. And then anything else that is approved by the Ethics Review Board? Members of the Council have the option or anybody who has a question about what how the ethics rules apply has the option to go to the Ethics Review Board and ask a question about whether the gift would be prohibited by the rules. So if it were approved by the ERB, then it's okay to accept the gift.

and that is the end of my presentation great thank you very much do this is um motion one or 157 do any is there any public comment on this anyone online okay council any questions comments melanie

yes thanks mayor could you jenny please clarify kind of the rationale behind only being able to win a raffle at an unpaid event? I'm just thinking of, let's say you go to a fundraiser, you buy a ticket, are you not able to win a silent auction or a drawing because you

bought a ticket for the event? I'm sorry, I don't recall any specific discussion about that by the ERB, but I believe a scenario that has come up in the past was a city employee was attending a conference. The admission, the registration cost was paid. It was not open to the public. It was only open to people who were in that association. And the person won a car in a lottery drawing and wanted to be able to keep the car. And that presented kind of a difficult issue. And so the reason that it was drafted this way, I think, was to try to get to that kind of avoiding that kind of situation. Okay, I guess I've

never been in a situation where a car was available to me to win. Right.

Okay, thank you. You don't go to those kind of things. I mean, you can imagine a situation where you've paid to attend, right? So then it's exclusive there. And they say, oh, she's on city council or she's the mayor. And then all of a sudden you win. And it's either a vendor or a special interest or something. Yeah. Or in this case, you know, I mean, a car would be a lot. But, yeah. Thank you for clarifying. Here. Councilmember Olson.

Thank you. I think the United Way or someone used to raffle a car, and my wife actually won the car. So what I'm wondering, did the employee get to keep the car?

No, he didn't.

Okay.

I didn't either. Okay, a couple quick questions.

The $75 thing for the state, does that have an inflation escalator, too?

It does.

Okay, because otherwise none of it was making any sense to me that we were going to do escalators if the state didn't have them.

Yeah, and just to clarify, the code amendment doesn't specifically say $75. It refers to the state constitutional provision. and then also says that will be adjusted for inflation.

And you probably already explained this, but I still don't get it. It's number seven on these things complicated, E7, whatever it is. It says any gift solicitation for a charitable purpose is determined to be appropriate by the city or its affiliated entities. What does that say in non-legal terms?

Well, I interpret it to mean a charitable purpose to mean something that benefits the public interest and an organization that's seeking to benefit a broad, indefinite class of people. And so if a council member is soliciting for a purpose, as I just described, and it's been determined by the city or one of its affiliated entities to be appropriate, then it would be an exception. It would be allowed.

excuse me for a large viewing audience this may seem um kind of boring but i think this stuff's really important as evidenced by the all the work the committee did really really really important to the operation of the city on number eight i don't understand that um any gift whether solicited or not given to and accepted on behalf of the city to benefit of public safety or community purpose i don't i don't i'm being thick i don't understand that one at all yeah it's pretty broad

I think of it as, you know, like City Give, for example. All of the donations that are made to the city, this is saying that if a council member or an employee is soliciting a gift for that kind of purpose, a community purpose or public safety, then it would be allowed under these rules.

Okay. Thank you. And then this used to be kind of a lot looser and it wasn't a good idea. 15, at some point, for council members and their relatives, reasonable cost and frequency of meals and event tickets. Could I get some examples just so I understand? And I'm not looking to be Scrooge, but I'm also not looking for the other end of the spectrum.

Well, it's, you know, the gift has got to be documented and must not intend to affect or affect a direct official action. So, for example, a ticket to an event at the airport comes to mind as an example. You know, it's is it a reasonable cost? Is it how frequent is it? I mean, if it's every other week or four times a year, maybe it's not reasonable. But the way it's drafted, it's not specific about the cost.

Okay. And an example would be, and that's a good answer, and I'm fine with it. People thought these things through.

But pretend the airport, the air show is $65, and then the spouse gets a ticket. I'm not looking to be Scrooged, but that'd be 130. Would that be allowed?

We didn't cover that in this. I mean, if it says for council members and their relatives, reasonable cost and frequency, it does not have a dollar limit. So I think it would be, you know, if it pertains to their official duties and there's no, you know, official action that's under consideration and it's documented, which means I believe that it would have to be reported under the gift reporting rules that we're going to talk about later on tonight, then it would be allowed.

we did discuss to just we had lots of discussion so I'm glad that you're appreciative of the work because it was a lot especially if it's something we own like we own half the airport right so you're really at the city basically

yeah no I'm I'm good thanks further discussion I just had a follow-up

question on the use of the term relatives and how we define relative yeah

it is defined in oh I in the code I can look it up here the spouse or minor child of the employer or officer and any person claimed to be a dependent on their income taxes or any person residing in or sharing in the expenses of the

household. Have we updated the language to have other words besides spouse? Let's see.

No, we don't have any changes under consideration at this point, but we certainly could.

I mean, I think I'm not married, but I have a partner, and he's not my spouse.

Yeah, but did you hear the second part of what you said? Does he reside in or share the expenses of the household?

Sorry, because I don't have it in front of me. Is it dependent?

Well, that is one of the criteria. Two separate. But yes, the other is a person residing in or sharing. Okay, perfect. The expenses, yeah.

One quick thing I just want to note is this definition is also in the charter, so this definition tracks what's in the charter for that term.

Okay, great.

Thank you, but it does include somebody that yeah, which is good

Councilman Padian

And some of these questions this is just for people in the audience These are the kind of questions we ask all the time and why we're having this discussion

But you know for events that are we're attending as a representative of the city I know sometimes we receive those invitations through the city.

Sometimes we receive the invitations maybe from the agency,

but I think the expectation would be that we are attending in our official role.

Would it be appropriate if the invitation came that other way for us to go through the city manager to see if we should? I don't know. I'm trying to think of, like, sometimes I have been invited to, like, a fundraising breakfast,

and the invitation comes through at different means than my council email. But I would certainly be there wanting me to attend as a council member.

Am I making the decision to put on my name tag or does that need to be approved by somebody in the organization?

I'm going to invite Rupa Venkatesh, our assistant city manager down as well because she works

in partnership often with the attorney's office on these questions.

Thank you.

Good evening, Mayor and Council. And you are right, we get asked these questions all the time. And so the guidance that we give is if you as an individual council member receive an invitation

to get in contact with the city manager's office and we can work with that agency or that

nonprofit organization to redirect them to send something to the city manager's office and then invite all of council as appropriate.

One of the exceptions, also the new exception E6, does allow for the cost of admission to any charity event attended on behalf of the city for that to be allowed if it's less than what is currently $75 in the Constitution.

So can I clarify? I apologize. Okay. This is the last specific question I will ask. But I know a lot of us work in jobs that also might be public service kinds of jobs. And so, for instance, for me, some of the events I would go to as a school psychologist are also things that there is an interest in probably having city representation. And sometimes I am invited in my other job. Should I just not wear my city name tag and just go as a school psychologist? Okay. I see these guys nodding fervently, so I'm going to assume just go. Yeah. Okay. And if they would like me to come in that other capacity, then I should go through city manager's office. We had quite a bit of just... Go ahead.

Or it may fall into one of these other exceptions that are proposed for tonight. Okay.

Yeah, so we had quite a bit of discussion about this, like should the tickets come through the city? And we ultimately landed on yes. And so one of the examples that we discussed was, what if somebody is running for mayor or council? And there's a group in town who really likes that candidate, but not the other ones, and just keeps inviting that candidate over and over and over and gives them a lot of exposure to a lot of people, maybe like some sort of prominent speaking role, right? That was sort of what we were thinking about. We don't want to see that. we'd rather if that group would like to send the tickets through and then have all the council and mayor have the same option of going um i think that's just much cleaner way to do it i mean

is that what you're going to say well i was a little more general comment i think too um so we covered tons of scenarios in our meetings and um i want to start by saying like i hoped to jump into this and make it so much easier and realized oh it can't be like there's just too many nuances and too many different situations and we are human beings who have jobs and other interests outside of council most of us and so it's you know um it's still complicated so I think council member Patiani you're asking absolutely the right questions and I think that questions will unfortunately still continue to come up I do appreciate the flow chart you guys included but I was like no like doesn't make it any easier you know so there still will be things

coming out but thank you and council member yeah and I just want to say I really appreciate my fellow my fellow council member and the mayor working so hard on this it was a lot of what ifs. I felt like if a shark was to battle a tiger, what would be the outcome with some of them? But we tried to bring some clarity forward and try to eliminate ambiguity where we could, but there is still going to be ambiguity. But hopefully for future councils, we are setting them up for more success in this area and also the city manager's office and the city attorney's office. So thank you to everyone involved in this process.

Yes. And I would add the public because then it's more clear. I mean, the North Stars, if someone wants you to go to somewhere or do something or gives you something because of your role and it's possibly trying to influence you, that's a hard pass, right? We know that, but it sneaks in and like the craziest ways when you least expect it, right? Someone came to my house, did a little bit of work. I said, what do I owe you? Oh, nothing. Just make sure that you recommend my business. that's a no. I mean, and you're not even... I'm seeing it coming and they don't mean it but then you're like I can't do it right I mean and it wasn't a big fix at the house so it would have been easy to be like okay great service you know you just look those things aren't you're not gonna have time to call but the thing is do they want you to if would they say that to Jenny or are they just saying that to the mayor and I believe that would be we would like recommendation from you and your official capacity yeah something like that yeah something like that yeah.

I'm trying to remember where we landed on this. Jenny, all three of these, it's not just council, it's also city employees, isn't that correct?

Yes, this first ordinance, this first set of amendments pertain to employees and appointed board and commission members and elected officials such as you all.

Okay, so apologies to the entire employee staff as well that we weren't able to simplify it more, but hopefully it is a little more clear cut.

All right, further questions? Go ahead.

These three kind of bleed together, so if I'm in the wrong one, please forgive me. This isn't anything in the recent past of any managers, recent, but way, way back. And, say, city managers know they're kind of on thin ice, and all of a sudden season tickets to the Lincoln Center and all those kinds of things are offered. Real scenario, by the way.

We don't want to be Denver where they get Nuggets tickets and Bronco tickets and performing arts center tickets and everything else like that.

They did in the past anyway. I don't know what the current thing is.

Does this prohibit the city from giving Lincoln Center season passes to the council? Because I think it should.

Let's see. There is something in here about educational events sponsored by the city.

I'm just trying to find it here. There it is in subsection E11.

If the gifts are reported with the gift reporting form, then they can be accepted. so the draft code amendment on gift reporting points back to this language and says that they

have to be reported it also comes into that category that it's something the city owns yeah that doesn't mean we get free utilities though i didn't mean an occasional thing to see

how the thing functions one time or something but then you get into other cities of what they do that are bigger and it gets really weird.

It does. Further comments on this one? Seeing none, do you have any motion?

I move to adopt on first reading of ordinance number 157, 2025, amending Chapter 2, Article 7, Division 2 of the Code of the City of Fort Collins relating to the gift acceptance restrictions and the definition selection of the city's ethics rules.

Second. Moved and seconded for other discussion. Seeing none, will the clerk please call the roll?

Canonico. Yes.

Pinotero. Yes. Gutowski. Yes. Arndt. Yes. Francis. Yes. Olson. Yes. Pat Yandy. Yes. Motion passes 7-0. We're on to the next one. Do you want to get a staff presentation? Sure.

So our current financial disclosure obligations require the council, the city manager, and the city attorney to file quarterly reports about their financial interests. And again, the ERB did look at several other examples related to financial disclosure requirements, including the state's rules and these other home rule cities. and they talked about some questions that have come up and then we did as I mentioned look at all these other entities and the ERB was in favor of not adding additional

categories of financial disclosures to the list that's currently available and they didn't want to delete any that were there that are that are there they just wanted to add some clarification to them. For example, the amendment on compensation specifically excludes compensation from the city and I think also other sorts of things that are considered compensation that an employee would receive. The amendments also limit the requirements about disclosure of property or business interests to those within the growth management area. That is a change. The current rules do not limit to within the growth management area. The ERB also recommended that the increasing the dollar threshold regarding a disclosure that must be made in a business interest or in a credit that's owed from $10,000 to $25,000. So kind of an interesting side note, that $10,000 figure that's currently in the code was established in 1971. And based on the data that we found, that actually would have been equivalent to roughly $76,000 or $77,000. So it was a very different threshold back then. But now with this amendment, it would be shifted to $25,000. And then as with other things, this automatically adjusts for inflation. And the ERB did also recommend deleting the alternative for a person subject to this requirement to file a federal income tax return.

This is no longer an alternative. You just have to file your financial disclosure form.

I believe that the reason it was originally written that way is that that was part of the state law.

That was an option that, say, if you're a judge under state law and you had to file a financial disclosure, you could just turn over your tax return.

But it sounds like from a practical standpoint, there's really not any need. Nobody really does that. So why do we have it in the code?

and these changes would go into effect January 1st, 2026

so that they would apply to folks who are newly elected at the beginning of the year.

That's it for that presentation. Questions from the audience? Anyone online? No? Okay. Council questions, comments.

Council member also yeah could we flush out a little bit for me there are two changes that I think we need to highlight and they're probably rational but I think they basically say that if you have business interest we no longer care if they're outside the growth management area and if you have various

properties that are outside the growth management area we no longer care and

and the collective we no longer care about those because they're not deemed relevant, but I don't want to give the answer. What was the thinking behind that?

I can answer that. We were discussing some part of it is safety,

and there are national people who are looking up these things, and if you're a part owner in a vacation house with your brother-in-law somewhere,

I don't think that has any impact or influence over any decision you make on council, but your property and business interests within the GMA certainly do.

And then the financial disclosure says you have to disclose your investments, which I agree with. And that takes care of business interests that may not be located in Fort Collins, but would have a business in Fort Collins, because that's pertinent to our roles as well.

So we're really trying to narrow it down to what pertain to a potential conflict of interest, Councilmember Conoco.

Yeah, and part of this, too, is we really looked at what our pure cities were doing as well. And this is what other cities were doing.

So, you know, I think this is not something that we'd really thought about with the city before.

but it didn't feel like if you have a property in California, it's really going to have much impact on the work you do here locally. So we really tried to take the best of what we saw around us in the state and apply this to our city as well.

I tend to agree. I was just trying to figure out, working my way through this, the public's right to know because we're elected officials, versus safety issues, which had popped into my mind.

um on that so forget the properties but what about the businesses that are one mile outside the gma that have a real impact in the city so i guess i didn't understand that one or i misunderstood what we were doing because that's a little different than the safety issue and if you

have a um timeshare which is different i know than co-owning or something but people co-own something in California or somewhere else, I don't care, but the business that has a

lot of activity going on in the city of Fort Collins or the GMA but happens to be one mile out of the GMA, why is that not relevant?

I don't recall any specific conversation about that question during the ERV meeting.

Yeah.

Didn't that show up in your financial disclosure?

Well, if it's within the growth management area, it would be required disclosure under these draft amendments.

I'm sorry, that's not what I'm saying. I'm saying, and I'm not trying to delay, distort. It's just, this is my shot. I wasn't on the committee, so this is my shot at these things. and we try to collectively get to good policy is that, and I don't have anything in mind, but it's like somebody could have a real impactful business or own 49% of it or 51% of it that's located a mile outside of the GMA. I think the public has a right to know that. That's totally different than their homes or things that they own. Julie has a comment.

Yeah, I think it does specifically say if they're doing business within the growth management area. so um you know just because your business is outside of it if it's something that's maybe

i don't know i can justify that by it's not doing any business within port collins i don't i can't think of what kind of business that would be because i am not involved with all i want to

know is that my concern is covered by the existing language so i can vote yes so then i think yes

because if they're doing business within the GMA, it has to be reported, even if they're located in Wisconsin.

Does it say that?

I think it does.

Number six, A6.

A list of businesses located or doing business within the growth management area.

Right. I think it does cover that. I defer to you, Carrie. What are your thoughts about it?

I think to the extent you're talking about a business that's a mile outside the GMA and does no business within the GMA, then you're correct. It wouldn't be reportable. If it's doing business in the GMA, then it would be included.

Yeah. great further i mean these are good questions because really it was hours that we talked about

these things and we got a little loopy talking about it because you can really go around in

circles yeah any further comments on this ordinance sitting down do i hear a motion

yes i move to adopt on first reading of ordinance number 158 2025 amending chapter 2 article 8 division 2 of the code of the city of fort commons related to financial financial disclosure

requirements second seconded by Pagani for discussion saying down will the clerk please

call the roll Pina Taro yes Katowski yes aren't yes Francis yes Olsen yes

Pat Yandy yes Canonico yes the motion passes 7-0 under the third one which is Do we hear a staff presentation? Yes.

So this code section that's referenced here on this slide requires all council members who receive gifts or other benefits to file a quarterly gift report.

And there's, in the current language, there's no explanation other than that. File a gift report quarterly.

And so the ERB, again, discussed some questions that have come up, issues that have come up, and deChinatown-International Districted to recommend adding some specific gift reporting obligations to the code, as have other home rule cities.

the ERB recommends not requiring council members to report gifts that are given or paid by the city or an entity affiliated with or formed by the city or an organization to which the city has appointed the council member that is it's again this is not about what's prohibited or not this about what has to ! This is about what has to be reported.

! And so, they recommended that change. ! And then they also supported ! These other, few other items be reported.

Sorry, I'm having problems with this. There we go.

So, any unsolicited item or items accepted, if valued at more than $25. So, when we look back at what is allowed to be accepted, an unsolicited gift گckگckگ

to be accepted an unsolicited unsolicited gift that's less than 75 what would be reported then

is those gifts that are accepted that are more than 25 and less than 75 dollars

then the cost of conferences seminars events or meetings

and this again goes back to what is in the draft for the gift restrictions and is listed

as an exception under 2.576 E10.

There's also support for requiring reporting of gifts where the cost,

where it's a city-sponsored educational event if the dollar amount is higher than the amount established in state law, which is currently $75.

And then the cost of meals and event tickets given to council members and their relatives is greater than $75.

So that goes back to that example we talked about with the event at the airport, tickets to the event at the airport.

And these gift reporting requirements would also go into effect for reports due after January 1st,

after the November election and new people are sworn in.

That's it on the presentation. Should that be January 13th?

That's when the new council becomes, because then there'll be a two-week period. I guarantee you someone will say you didn't file that.

it's excuse me it's stated as reports due after January 1 so that will be the report that's due January 15th

yeah oh okay thank you okay okay thank you for that clarification any questions on the reporting part

Councilmember Olson

I already blew past my 720 prediction yeah so gifts and benefits meet the criteria below given by or paid by the city and entity affiliated with the city so okay so the city asked if i wanted a jacket and a shirt so yes i took a jacket and a shirt they say city council and the city's got their money out of them believe me in the grocery store and elsewhere because it's a city council on the jacket and the shirt but there's something different than one jacket and four years and eight months and one shirt and four years and eight months then say four jackets and five shirts and three vests, or say other entities associated with the city, affiliated with the city that have more expensive jackets or other things that shall remain nameless. Is there any, what's the point where average person would go, well, yeah, that's kind of, saw you and talked to you in the grocery store, one coat and one shirt in four years and eight months, and it's, city's got their money's worth. But what's the point where it's, again, somebody's in trouble, not referring to anyone current or the immediate past, and all of a sudden gifts are being laid upon them at their feet? What's the limit if it's from the city?

There's no obligation to report if it meets these criteria, if it's from the city.

Why couldn't we say reasonable or something? Is this an ordinance?

It is.

Why couldn't we say reasonable or some kind of thing and people don't have to vote for it, but I kind of I'll vote for it. But I kind of like to see some alternative option for second reading. There could be a I'll tell people offline. It has nothing to do with current stuff. It's decades ago, but things can happen.

This language is also pointing to the other obligations to report that are noted below.

so what it's saying I think is that only if they

fall into one of the categories that's where a report is required

then it does not

have to be reported.

If an alternative isn't going to be developed I'll develop one and

perhaps present it on second reading then because I think there has to be some kind of boundary to it.

Well, so if it was like a jacket, let's say, I don't know, one of the city's affiliates was giving you a jacket that was valued at $74.

And then they wanted to give you another one within a one-year period.

You couldn't accept it because of the rule that's in the gift restrictions. ones. But if you only accepted the one, that would be okay. You wouldn't have to report it though.

So if you receive a jacket worth $180, you're supposed to report that. You still have to report that, even if it's given by the city and an entity. See, I wasn't on the committee, so I'm not completely up to speed on these things, but it doesn't read that way to me.

Yeah, let me go back and look here.

yeah we're on first reading i'm happy that this um i'm gonna vote for it but if it needs a little work i'd appreciate the organization if it needs a little work doing it between now and first

second reading yeah yeah so um my question council member olsen so the problem you're trying to

to isolate thank you good word isolate here is getting too many gifts from the city yes i don't

know if the reporting would be the right place for that or if that would belong in the actual how many gifts you can take which i believe because we didn't really talk about this from the city because we just said if it comes from the city it's not really a gift it's like part of your employment but i can see how it could get out of hand i know as a council member i would hope that we would call that out when it happens but i'm not i'm not worried about us but we're writing

policies for quite a while and other people and city managers that may be different than the current city manager and i i'll fill in the blanks later i'm just trying to avoid these kind of situations from happening.

I don't know which ordinance it would fall under in answer to your question, and we've got second reading to deal with that. Council Member Gutowski. Right, one question, Jenny, but I don't remember it covering specifically meals, and if somebody takes you out for a meal, I guess it would have to exceed $25, correct?

Well, in order for it to be reported, it would need to be between $25 and $75. If it were valued at more than $75, it would be prohibited.

Right. Well, and I can't imagine that it would be a pretty fancy restaurant. But that, though, would qualify as something that would need to be reported if it exceeded $25? Yes. Okay. That's right. Okay. Good. Thank you. Any other questions on the reporting?

Go ahead. I'll just say thank you to the ERV for all the work that you all did

I know is a long going through this and asking lots of questions. So thank you for your service serving on that board

You're welcome. Thank you. All right And with that I move to adopt on first reading of ordinance number 159 2025 amending chapter 2 article 8 division 3 of

The code of the city of Fort Collins relating to gift reporting requirements of the city's financial disclosure rules

second second by Pony Andy further discussion saying now will court please call the roll

Gutowski yes aren't yes Francis yes Olsen yes Pat Yandy yes Canonico yes Pina Taro yes

great that motion passes 7-0 do council members have any items of other business come before Council Seeing none

Do you a motion for the electric utility enterprise board? Yeah, I move that council are during this meeting. Oh, no, I know that's fine like me

Yeah, I move that council during this meeting until after the completion of the electric utility enterprise board business

Second move the seconded discussion seeing none third please call the roll

Aren't yes, Francis. Yes Olsen. Yes, but Yandy. Yes Canonico. Yes Pinotero. Yes, Gutowski. Yes

That motion passes 7-0 just for the record There will be no further business after the completion of the electric utility enterprise meeting But we will move into that right now and this is when we change names and titles everyone I assume you guys want to forge through okay let's go time is now 7 36 p.m. and I call this meeting of the electric utility enterprise board to order will the secretary please call

Arndt yeah Francis bear Olsen here Pat Yandy here Canonico here Pina

here get house key here everybody's here we have one item tonight is there a

staff report we are not planning a staff presentation for this item but we do have staff available to answer any questions great is there any member from

the public would like to speak on this sitting then anyone online see none do board board members have any questions or comments oh okay is there motion sure

I move to adopt and first reading of ordinance number 18 authorizing an amended and restated contract with Platt River power authority for the

supply of electric power and energy second second by Paddy Andy further discussion I'm just gonna thank everybody for their hard work on this power supply agreement and it's a great collaboration and it has been taking place over nine months. Lots of utility directors meetings, lots of presentations. The joint council meeting as Tyler mentioned earlier and it's been a thorough, very thorough, I mean something Fort Collins can really get into the thoroughness of this process and how many times and the wording is very careful and it's really important to the continuation of our shared power generation. So I appreciate all the work that went into this. No further discussion. Francis? Yes.

Olsen? Yes. Pat Yandy? Yes. Canonico? Yes. Pina Taro? Yes. Katowski? Yes. Arendt? Yes.

Motion passes 7-0. Do board members have any other business to come before the EUE board? Seeing none, the meeting of the utility enterprise board is adjourned at 7-38. and now I will adjourn the regular business meeting of the Fort Collins City Council. Good night, Fort Collins.