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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 12/21/2021 - REGULAR MEETING City of Fort Collins Page 1 Jeni Arndt, Mayor Emily Francis, District 6, Mayor Pro Tem Susan Gutowsky, District 1 Julie Pignataro, District 2 Tricia Canonico, District 3 Shirley Peel, District 4 Kelly Ohlson, District 5 City Council Chambers City Hall West 300 LaPorte Avenue Fort Collins, Colorado Cablecast on FCTV Channel 14 on Connexion Channel 14 and 881 on Comcast Carrie Daggett Kelly DiMartino Tammi Pusheck City Attorney Interim City Manager Interim City Clerk Regular Meeting December 21, 2021 PUBLIC PARTICIPATION OPTIONS There will be four options for people who would like to participate in the meeting:  Live via the Zoom online meeting,  Live via the telephone,  Live in Council Chambers,  By submitting emails to Council at CityLeaders@fcgov.com. All options will be available for those wishing to provide general public comment, as well as public comment during individual discussion items. PUBLIC PARTICIPATION (ONLINE VIA ZOOM): Individuals who wish to address Council via remote public participation can do so through Zoom at https://zoom.us/j/98241416497. (The link and instructions are also posted at www.fcgov.com/councilcomments.) Individuals participating in the Zoom session should watch the meeting through that site, and not via FCTV, due to the streaming delay and possible audio interference. The Zoom meeting will be available beginning at 5:15 p.m. on the day of the meeting. Participants wanting to ensure their equipment setup is working should join prior to 6:00 p.m. For public comments, the Mayor will ask participants to click the “Raise Hand” button to indicate you would like to speak at that time. Staff will moderate the Zoom session to ensure all participants have an opportunity to address Council. In order to participate, you must:  Have an internet-enabled smartphone, laptop or computer. Using earphones with a microphone will greatly improve your audio experience.  Join the Zoom meeting using the link on the front page of the agenda or on the City’s home webpage at www.fcgov.com.  If you use the City’s home page, simply click on the “Participate remotely in Council Meeting” link shown near the top of the page. City of Fort Collins Page 2 PUBLIC PARTICIPATION (VIA PHONE):  Dial the public participation phone number, 1-346-248-7799, and then enter the Meeting ID 982 4141 6497 followed by the pound sign (#).  The meeting will be available beginning at 5:15 p.m. Please call in to the meeting prior to 6:00 p.m., if possible. For public comments, the Mayor will ask participants to indicate if you would like to speak at that time – phone participants will need to press *9 to do this. Staff will be moderating the Zoom session to ensure all participants have an opportunity to address Council. When participating online or by phone, DO NOT Watch/stream FCTV at the same time due to streaming delay and possible audio interference. PUBLIC PARTICIPATION (IN PERSON): To participate in person, individuals should be prepared to follow strict social distancing, sanitizer and facial covering guidelines.  A limited number of individuals may be allowed in Council Chambers. Therefore, staging for individuals who wish to speak will occur in the City Hall lobby and outside (weather permitting).  Individuals may be required to wear masks while inside City Hall and any other City buildings being utilized.  Individuals who wish to speak will line up at one of the two podiums available in Council Chambers, maintaining physical distancing.  Once a speaker has provided comments, they may be asked to leave Council Chambers to make room for the next speaker. PUBLIC PARTICIPATION (VIA EMAIL): Individuals not comfortable or able to access the Zoom platform or participate by phone are encouraged to participate by emailing general public comments to CityLeaders@fcgov.com. If you have specific comments on any of the discussion items scheduled, please make that clear in the subject line of the email and send prior to the meeting Tuesday evening. WATCH THE MEETING Anyone can view the Council meeting live on Channels 14 and 881 or online at www.fcgov.com/fctv. Note: Only individuals who wish to address Council should use the Zoom link or call in by phone. Anyone who wants to watch the meeting, but not address Council, should view the FCTV livestream. Documents to Share: If residents wish to speak to a document or presentation, the City Clerk needs to be emailed those materials by 4 p.m. the day of the meeting. Persons wishing to display presentation materials using the City’s display equipment under the Citizen Participation portion of a meeting or during discussion of any Council item must provide any such materials to the City Clerk in a form or format readily usable on the City’s display technology no later than two (2) hours prior to the beginning of the meeting at which the materials are to be presented. NOTE: All presentation materials for appeals, addition of permitted use applications or protests related to election matters must be provided to the City Clerk no later than noon on the day of the meeting at which the item will be considered. See Council Rules of Conduct in Meetings for details. Upon request, the City of Fort Collins will provide language access services for individuals who have limited English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services, programs and activities. Contact 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Please provide 48 hours advance notice when possible. A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al 970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione 48 horas de aviso previo cuando sea posible.     City of Fort Collins Page 3 A) Proclamations and Presentations 5:00 p.m. No Proclamations Scheduled. Regular Meeting 6:00 p.m. B) CALL MEETING TO ORDER C) PLEDGE OF ALLEGIANCE D) ROLL CALL E) AGENDA REVIEW: CITY MANAGER  City Manager Review of Agenda.  Consent Calendar Review including removal of items from Consent Calendar for individual discussion. F) PUBLIC COMMENT ON ANY TOPIC OR ITEMS (including requests for Council to remove an item from the Consent Calendar for individual discussion.) Individuals may comment regarding any topics of public concern, whether or not included on tonight’s agenda. Comments regarding land use projects for which a development application has been filed should be submitted in the development review process** and not to Council.  Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping purposes).  Each speaker will be allowed to speak one time during public comment. If a speaker comments on a particular agenda item during general public comment, that speaker will not also be entitled to speak during discussion of the same agenda item.  All speakers will be asked by the presiding officer to identify themselves by raising their hand (in person or using the raise hand option on Zoom), and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those who are not able to stand while waiting).  The presiding officer will determine and announce the length of time allowed for each speaker.  Each speaker will be asked to state his or her name and general address for the record, and, if their comments relate to a particular agenda item, to identify the agenda item number. Any written comments or materials intended for the Council should be provided to the City Clerk.  A timer will beep one time and turn yellow to indicate that 30 seconds of speaking time remain and will beep again and turn red when a speaker’s time to speak has ended. [**For questions about the development review process or the status of any particular development, citizens should consult the Development Review Center page on the City’s website at fcgov.com/developmentreview, or contact the Development Review Center at 970.221.6515.] G) PUBLIC COMMENT FOLLOW-UP H) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION City of Fort Collins Page 4 Consent Calendar The Consent Calendar is intended to allow Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Agenda items pulled from the Consent Calendar by either Council or the City Manager will be considered separately under M) Consideration of items removed from consent calendar for individual discussion. Items remaining on the Consent Calendar will be approved by Council with one vote. The Consent Calendar consists of: ● Ordinances on First Reading that are routine; ● Ordinances on Second Reading that are routine; ● Those of no perceived controversy; ● Routine administrative actions. 1. Consideration and Approval of the Minutes of the December 7 Special Meeting and the December 7 Regular Meeting. The purpose of this item is to approve the minutes of the December 7 Special meeting and the December 7 Regular meeting. 2. Second Reading of Ordinance No. 162, 2021, Appropriating Unanticipated Grant Revenue in the Cultural Services and Facilities Fund for The Gardens on Spring Creek. This Ordinance, unanimously adopted on First Reading on December 7, 2021, appropriates unanticipated grant revenue in the Cultural Services and Facilities Fund for The Gardens on Spring Creek programs. This appropriation includes $49,905 of grant revenues awarded on October 22, 2021, by the Institute of Museum and Library Services to support personnel and expenses of The Gardens Health and Wellbeing Enhancement Programs. 3. Second Reading of Ordinance No. 163, 2021, Making Supplemental Appropriations and Authorizing Related Actions for the Lincoln Center's Shuttered Venue Operators Grant. This Ordinance, unanimously adopted on First Reading on December 7, 2021, appropriates unanticipated grant revenue in the Cultural Services & Facilities Fund for the Lincoln Center operations. This appropriation includes $621,884 of supplemental grant revenues awarded on October 20, 2021, provided by the United States Federal Government through the Small Business Administration to support personnel or business expenses. 4. Second Reading of Ordinance No. 164, 2021, Making Supplemental Appropriations and Appropriating Prior Year Reserves for Supplemental Snow Removal. This Ordinance, unanimously adopted on First Reading on December 7, 2021, appropriates prior year reserves and unanticipated revenue to cover snow removal costs that have exceeded the 2021 budget due to significant snowstorms, such as the March 2021 snowstorm. 5. Second Reading of Ordinance No. 165, 2021, Adopting the 2022 Larimer County Regional Transportation Capital Expansion Fee Schedule. This Ordinance, unanimously adopted on First Reading on December 7, 2021, adopts the 2022 Larimer County Regional Transportation Capital Expansion Fee Schedule. City of Fort Collins Page 5 6. Second Reading of Ordinance No. 166, 2021, Approving the Addition of Permitted Uses Associated with the Fort Collins-Loveland Water District Overall Development Plan ODP210001. This Ordinance, unanimously adopted on First Reading on December 7, 2021, adopts the Addition of Permitted Uses (APU) in an Overall Development Plan (ODP) for future expansion of facilities at the existing Fort Collins-Loveland Water (FCLWD) campus. The proposed expansion will occur over time and includes a new maintenance building, outdoor storage, a publicly accessible water filling station and covered parking for fleet vehicles. 7. Second Reading of Ordinance No. 167, 2021, Authorizing a Temporary Exception to the Land Use Code to Allow T-Mobile to Place a Temporary Wireless Telecommunications Facility at 1800 East Harmony Road to Replace Lost Wireless Service Coverage. This Ordinance, unanimously adopted on First Reading on December 7, 2021, authorizes a temporary wireless telecommunication facility known as a cell-on-wheels (COW), operated by T-Mobile, to be located at 1800 East Harmony. The temporary authorization would expire on March 31, 2022, subject to Council’s revocation at any time, with an option for the Director of Community Development & Neighborhood Services to extend the temporary approval on a month-to-month basis as warranted. This temporary facility is intended to address a critical loss in T-Mobile's existing cellular coverage in south Fort Collins caused by T-Mobile’s removal of wireless equipment from Platte River Power Authority (“PRPA”) infrastructure, to be used only until a permanent facility (proposed at 4518 Innovation Drive) is fully constructed in 2022. 8. Second Reading of Ordinance No. 168, 2021, Adopting the 2022 Classified Employee Pay Plan. This Ordinance, unanimously adopted on First Reading on December 7, 2021, adopts the 2022 City Classified Employee Pay Plan. Classified jobs are grouped according to job functions, a business practice commonly used by both the public and private sectors. Pay ranges are developed by career group (management, professional, administrative, operations and trades) and level for each job function. The result of this work is a City Classified Employee Pay Plan which sets the minimum, midpoint and maximum of pay ranges for the level, within each career group and function. Actual employees pay increases are awarded through a separate administrative process in accordance with the budgeted amount approved by Council. 9. Second Reading of Ordinance No. 170, 2021, Amending Section 2-606 of the Code of the City of Fort Collins and Setting the Salary of the Chief Judge. This Ordinance, unanimously adopted on First Reading on December 7, 2021, establishes the 2022 compensation of the Chief Judge. Council met in executive session on November 30, 2021, to conduct the performance review of Chief Judge Jill Hueser. 10. Second Reading of Ordinance No. 171, 2021, Amending Section 2-581 of the Code of the City of Fort Collins and Setting the Salary of the City Attorney. This Ordinance, unanimously adopted on First Reading on December 7, 2021, establishes the 2022 compensation of the City Attorney. Council met in executive session on November 30, 2021, to conduct the performance review of Carrie Daggett, City Attorney. 11. Second Reading of Ordinance No. 172, 2021, Temporarily Superseding City Code and Setting the Compensation and Terms of Employment of the Interim City Manager. This Ordinance, unanimously adopted on First Reading on December 7, 2021, establishes the 2022 compensation of the Interim City Manager. Council met in executive session on November 30, 2021, to conduct the performance review of Kelly DiMartino, Interim City Manager. City of Fort Collins Page 6 12. Resolution 2021-118 Authorizing the Execution of an Intergovernmental Agreement Between the City of Fort Collins, the City of Loveland, Larimer County and the Larimer Emergency Telephone Authority Concerning Network Connectivity. The purpose of this item is to authorize the City to enter into an Intergovernmental Agreement (IGA) with the City of Loveland, Larimer County, and the Larimer Emergency Telephone Authority (LETA) concerning the Combined Regional Information Systems Project (CRISP) network connecting with the LETA network to provide area Public Safety Answering Points (PSAP) to operate seamlessly from the LETA backup center as necessary. 13. Resolution 2021-119 Adopting the City of Fort Collins General Employees' Retirement Plan as Amended and Restated, Effective January 1, 2022. The purpose of this item is to adopt changes made to the General Employees' Retirement Plan into a newly restated Plan, effective January 1, 2022. 14. Resolution 2021-120 Making Appointments to the Air Quality Advisory Board. The purpose of this item is to fill vacancies on the Air Quality Advisory Board. 15. Resolution 2021-121 Making Appointments to the Historic Preservation Commission. The purpose of this item is to fill vacancies on the Historic Preservation Commission. 16. Resolution 2021-122 Making Appointments to the Natural Resources Advisory Board. The purpose of this item is to fill vacancies on the Natural Resources Advisory Board. 17. Resolution 2021-123 Making an Appointment to the Parking Advisory Board. The purpose of this item is to fill a vacancy on the Parking Advisory Board. 18. Resolution 2021-124 Making Appointments to the Senior Advisory Board. The purpose of this item is to fill vacancies on the Senior Advisory Board. 19. Resolution 2021-125 Making Appointments to the Citizen Review Board. The purpose of this item is to fill vacancies on the Citizen Review Board. END OF CONSENT CALENDAR I) ADOPTION OF CONSENT CALENDAR J) CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. K) STAFF REPORTS L) COUNCILMEMBER REPORTS M) CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR FOR INDIVIDUAL DISCUSSION City of Fort Collins Page 7 (N) Discussion Items The method of debate for discussion items is as follows: ● Mayor introduces the item number, and subject; asks if formal presentation will be made by staff ● Staff presentation (optional) ● Mayor requests citizen comment on the item (three minute limit for each citizen) ● Council questions of staff on the item ● Council motion on the item ● Council discussion ● Final Council comments ● Council vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure all citizens have an opportunity to speak. If attending in person, please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker’s time. 20. Second Reading of Ordinance No. 169, 2021, Amending the Code of the City of Fort Collins Pertaining to Adoption of the Classified Employees Pay Plan. (staff: Teresa Roche; no minute presentation; 5 minute discussion) The City Manager and City Attorney have requested that Council postpone this Ordinance indefinitely or vote to defeat the Ordinance on second reading, because the Charter requires that compensation be set by ordinance rather than by resolution. The Collective Bargaining Agreement is approved by resolution while the pay plan is adopted by ordinance, so acting each year to adopt the pay plan for the Collective Bargaining Unit is appropriate considering this Charter provision. This Ordinance, adopted on First Reading on December 7, 2021 by a vote of 6-1 (Nay: Ohlson), amends City Code to allow the pay plan for classified police employees (as defined in Fort Collins Municipal Code Section 2-618) to be established in accordance with any collective bargaining agreement reached with an employee organization selected by such police employees and approved by Council. 21. First Reading of Ordinance No. 121, 2021, Involuntarily Designating the Moore Property, 528 West Mountain Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. (staff: Jim Bertolini; estimated 2 hour presentation and discussion) This quasi-judicial matter involves an involuntary landmark designation request, not supported by the property owners. It must be considered on the discussion agenda and will be considered under Section 2(f) of the Council’s Rules of Meeting Procedures adopted in Resolution 2021-093. This item responds to a citizen-initiated (“Applicants”) City landmark designation request for the property at 528 West Mountain Avenue, also known as the Moore, Samuel and Jessie, Property (the “Property”). The Property owners, Jason and Misha Green, (“Owners”) do not support the designation as the house has been contaminated with methamphetamine by previous residents. Under Municipal Code Section 14-33(c), based on evidence and testimony at two Code-required hearings, the Historic Preservation Commission (“Commission”) recommended designation of the Property to Council for a final decision. At its regular meeting on May 19, 2021, the Commission passed a resolution 7-0 (1 absence, 1 vacancy) finding the property to be eligible for landmark designation under Standard 2, Persons/Groups for the property's association with Jessie Moore, an early, accomplished educator in Fort Collins, and Standard 3, Design/Construction for the property’s status as a significant surviving example of late-nineteenth century architecture in the City. At the Commission’s regular meeting on August 18, 2021, the Commission voted 6-0 (1 absence, 2 vacancies) that designation and protection of the property met the Policies of Municipal Code 14-1(a- b) and the Purposes of Municipal Code 14-2 (a-f) to a sufficient degree to justify designating the property without the Owners’ consent. City of Fort Collins Page 8 The Owners do not support the designation as they have concerns that the methamphetamine contamination will present health risks for their family. If the Property is designated, the current (or future) Owners would have to remediate and rehabilitate the property under state regulations and City Code. Designation would protect the Property's exterior historic character and access to financial incentives to support rehabilitation work. A decision not to designate the Property would allow the Owners to demolish it, which is an option provided by state environmental statutes for methamphetamine affected properties. O) OTHER BUSINESS A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers (Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate and move forward with development and preparation of resolutions and ordinances not originating from the Council's Policy Agenda or initiated by staff.) P) ADJOURNMENT Every regular Council meeting will end no later than midnight, except that: (1) any item of business commenced before midnight may be concluded before the meeting is adjourned and (2) the Council may, at any time prior to adjournment, by majority vote, extend a meeting beyond midnight for the purpose of considering additional items of business. Any matter that has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting that have not yet been considered by the Council, will be deemed continued to the next regular Council meeting, unless Council determines otherwise.