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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 01/18/2022 - 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 Anissa Hollingshead City Attorney Interim City Manager City Clerk Regular Meeting January 18, 2022 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 Public 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. A. Proclamation Recognizing January 17, 2022 as Dr. Martin Luther King, Jr. Observation and Commemoration Day. B. Proclamation Declaring January 18, 2022 as Beavers Market Day. C. Proclamation Declaring February 17, 2022 as Mike McCarthy - Empty Bowls 25 Day. D. Proclamation Declaring the Week of February 20-26 as National Engineers Week. 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, 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 21, 2021 and January 4, 2022 Regular Meetings. The purpose of this item is to approve the minutes of the December 21, 2021 and January 4, 2022 regular meetings. 2. Second Reading of Ordinance No. 001, 2022, Appropriating Prior Year Reserves in the General Fund and Golf Fund and Authorizing Transfers of Appropriations for the Southridge Golf Course Irrigation Project. This Ordinance, unanimously adopted on First Reading on January 4, 2022, appropriates $375,000 from the General Fund Southridge Golf Irrigation Reserve and $825,000 from the Golf Fund to purchase materials for the irrigation system and pond lining construction project scheduled to begin in October of 2022. 3. Items Relating to the Fort Collins Police Services Victim Services Unit. A. Second Reading of Ordinance No. 002, 2022, Appropriating Unanticipated Grant Revenue from the Eighth Judicial District Victim Assistance and Law Enforcement Board in the General Fund for the Fort Collins Police Services Victim Services Unit. B. Second Reading of Ordinance No. 003, 2022, Appropriating Unanticipated Grant Revenue from the Colorado Division of Criminal Justice under the Federal Victim of Crime Act in the General Fund for the Fort Collins Police Services Victim Services Unit. This Ordinance, unanimously adopted on First Reading on January 4, 2022, funds the Victim Services Unit of Fort Collins Police Services for victim advocacy services under the Colorado Victim Rights Amendment for victims of crime and their family members. The Fort Collins Police Services Victim Services Unit has been awarded a $49,000 VALE grant for the period from January 1, 2022 to December 31, 2022. The VALE grant is through the Eighth Judicial District Victim Assistance and Law Enforcement (VALE) Board to help fund services provided by this team. The VOCA Grant is a 24-month grant in the amount of $49,101 for the period from January 1, 2021 to December 31, 2022, by the Colorado Division of Criminal Justice under the Federal Victim of Crime Act (VOCA), to help fund services provided by this team. The first half of the grant in the amount of $24,551 was received and appropriated in 2021 (per Ordinance # 003) The amount to be received in 2022 is $24,550. These funds will be used for part of the salary for the victim advocate who provides crisis intervention services for sexual assault victims between the school ages of kindergarten through 12th grade. City of Fort Collins Page 5 4. Second Reading of Ordinance No. 004, 2022, Amending Chapter 26 of the Code of the City of Fort Collins to Correct a Clerical Error. This Ordinance, unanimously adopted on First Reading on January 4, 2022, corrects a clerical error. In Ordinance No. 119, 2021, Subsection (c)(3) of City Code Section 26-129 was purposefully deleted. However, that subsection was inadvertently included in the subsequently enacted Ordinance No. 151, 2021 and should be deleted as originally intended. 5. Second Reading of Ordinance No. 005, 2022, Amending Chapter 12 of the Code of the City of Fort Collins Regarding the Requirements for the Building Energy and Water Scoring Program. This Ordinance, unanimously adopted on First Reading on January 4, 2022, amends City Code sections related to the Building Energy and Water Scoring (BEWS) program to align with new State of Colorado legislation and to improve the efficiency of administration. This item does not add any new requirements for building owners. These changes include: Alignment with Colorado HB 21-1286 (codified at C.R.S. §25-7-142) “Energy Performance for Buildings.” Removal of program phasing which was included in the original BEWS ordinance in 2018. All properties 5,000 square feet and larger will have annual reporting requirements starting June 1, 2022. Removal of prohibition on setting a required minimum ENERGY STAR ® score for non-City buildings. Addition of a requirement for the City Manager to set Building Energy Performance Standards for all City owned facilities in alignment with HB 21-1286. Revisions to violations and penalties to align with Municipal Court processes outlined by §1-15(f) of the Code Add exemption categories that align with HB 21-1286. 6. Second Reading of Ordinance No. 006, 2022, Authorizing Conveyance of an Easement on City Right- of-Way to Hartshorn Waterworks, LLC to Relocate Irrigation Lines Off Traverse Park. This Ordinance, unanimously adopted on First Reading on January 4, 2022, authorizes the conveyance to Hartshorn Waterworks, LLC (“Hartshorn”) of an easement in a City-owned right-of-way for relocated irrigation lines. The City is developing Traverse Park. Hartshorn owns certain irrigation lines that traverse the park site and provide non-potable water to the surrounding neighborhood. Pursuant to a November 16, 2021, agreement that addresses various aspects of the park site, the City and Hartshorn agreed to the relocation of these irrigation lines from the park site and into the City- owned right-of-way contingent upon (1) the City granting Hartshorn an easement for the relocated irrigation lines and (2) the City entering into certain agreements with the owners of the lots adjacent to the right-of-way. The City would not convey the proposed easement to Hartshorn until the City has acquired these agreements from the adjacent lot owners. 7. First Reading of Ordinance No. 007, 2022, Appropriating Prior Year Reserves in the Transit Services Fund to Expand the Scope of Work for North College MAX Plan. The purpose of this item is to appropriate $48,340 from Transit Services Fund Reserves to expand the scope of work for the North College MAX Plan to include additional public engagement and emphasis on land use and transit-oriented development. City of Fort Collins Page 6 8. First Reading of Ordinance No. 008, 2022, Appropriating Unanticipated Grant Revenue and Authorizing Transfers in the General Fund for the Environmental Services Radon Program. The purpose of this item is to appropriate unanticipated grant revenue in the General Fund for the Environmental Services Radon Program. This appropriation includes $9,000 of grant revenues provided by the Colorado Department of Public Health and Environment (CDPHE) to support radon testing and mitigation programs. The grant directly supports radon activities identified in the Environmental Services Department’s core budget offer and requires a local match of $6,000. Matching funds are appropriated and unexpended in the 2022 Environmental Services operating budget and will be transferred to the Environmental Services Radon Program. 9. Items Relating to the Timber Lark Annexation. A. Resolution 2022-019 Setting Forth Findings of Fact and Determinations Regarding the Timber Lark Annexation. B. Public Hearing and First Reading of Ordinance No. 009, 2022, Annexing the Property Known as the Timber Lark Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex the tract of land known as the Timber Lark Annexation. The Timber Lark Annexation consists of approximately 35.17 acres and establishes the required 1/6 contiguity with existing City limits. The Timber Lark Annexation is located approximately 600 feet northwest of the intersection of South Timberline Road and East Trilby Road and would incorporate the property into Fort Collins’ municipal boundaries, as well as into the Residential Neighborhood Sign District, and Lighting Context Area Map. A related item to zone the annexed property is presented as the next item on this Agenda and the zoning addresses the proposed changes to the Residential Neighborhood Sign District and the Lighting Context Area Map. This annexation request conforms with the State of Colorado Revised Statutes as they relate to annexations, the City Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. 10. Public Hearing and First Reading of Ordinance No. 010, 2022, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Timber Lark Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District and Lighting Context Area Map. This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2021-093. The purpose of this item is to apply zoning to the property included in the annexation, known as the Timber Lark Annexation, located approximately 600 feet northwest of the intersection of South Timberline Road and East Trilby Road. The proposed zoning for this annexation is Low Density Mixed- Use Neighborhood (L-M-N). The surrounding properties are existing residential land uses currently zoned FA-1 (in Larimer County) to the south, and Residential Low Density (RL) to the west. The abutting City limits to the north and adjacent city limits to the east are zoned Low Density Mixed-Use Neighborhood (L-M-N). Staff also recommends placement into the Residential Neighborhood Sign District, and Lighting Context Area map. 11. First Reading of Ordinance No. 011, 2022, Designating the Maxwell Rock House, 1433 South Overland Trail, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution 2021-093. City of Fort Collins Page 7 The purpose of this item is to request City landmark designation for the property at 1433 South Overland Trail. In cooperation with the property owner, the Ponds at Overland Trail HOA, City staff and the Historic Preservation Commission (the “Commission”) have determined the property to be eligible for designation under Standards 2, Persons/Groups for association with Paul and Emerald Maxwell, important figures in the social history of what is now west Fort Collins, and under Standard 3, Design/Construction for the property's significance as a rare surviving example of a stone masonry farmhouse in the Fort Collins area. The HOA owner is requesting designation, which will provide protection of the property's exterior and immediate grounds, and access to financial incentives for preservation. 12. First Reading of Ordinance No. 012, 2022, Authorizing the Conveyance of a Temporary Construction Easement on the South Transit Center to Faircoll, LLC. The purpose of this item is to convey a 3,675-square-foot temporary construction easement (TCE) to Faircoll, LLC (Faircoll), for construction improvements at the City-owned real property at 4915 Fossil Boulevard, which is the location of the South Transit Center. Faircoll is the owner of the adjacent property and as part of the development of apartments at its property, Faircoll is required to install permanent pedestrian connections from its property to the South Transit Center. The TCE grants Faircoll access and permission to perform this work on the City’s South Transit Center property at no cost to the City. 13. Resolution 2022-020 Approving an Art Project for the Vine & Lemay Project and Approving Expenditures from the Art in Public Places Reserve Account in the Cultural Services and Facilities Fund and the Project Budget to Commission an Artist to Create the Art Project Pursuant to the Art in Public Places Program. The purpose of this item is to approve expenditures from the Art in Public Places (APP) Reserve Account to commission the art for the Vine & Lemay Project. The expenditures of $160,000 will be for design, engineering, materials, signage, fabrication, delivery, installation, and contingency for Joshua Wiener of Flowcus to create the art for the Vine & Lemay Project. 14. Resolution 2022-021 Authorizing the Initiation of Exclusion Proceedings of Annexed Properties Within the Territory of the Poudre Valley Fire Protection District and Authorizing an Intergovernmental Agreement with Said District. The purpose of this item is to authorize the City Attorney to file a petition in Larimer County District Court to exclude properties annexed into the City in 2021 from the Poudre Valley Fire Protection District (the District) in accordance with state law. The properties affected by this Resolution are the Springer-Fisher Annexation No. 1, Springer-Fisher Annexation No. 2, Gil Boyer Annexation and Northwest Frontage Road Annexation. Colorado Revised Statutes Section 32-1-502 requires an order of exclusion from the District Court to remove these annexed properties from special district territories. The properties have been receiving fire protection services from the Poudre Fire Authority and will continue to do so. The City Attorney’s Office files the petition in Larimer County District Court each year seeking exclusion for all properties annexed in the previous year that should be removed from the District to avoid double taxation. 15. Resolution 2022-022 Authorizing the Execution of an Intergovernmental Agreement Between the City of Fort Collins, Colorado and the Colorado Department of Transportation for the FASTER Transit Program Grant for Fiscal Year 2022 to Fund Transfort's FLEX Service. The purpose of this item is to authorize the Mayor to enter into an Intergovernmental Agreement (“IGA”) with the Colorado Department of Transportation (“CDOT”) to receive $200,000 in grant funds awarded to the City through the Statewide Competitive Pool of the Funding Advancement for Surface Transportation and Economic Recovery Act of 2009 (“FASTER”) Transit Program for fiscal year 2022 (the “Grant”). Under the terms of the IGA with CDOT, to receive the Grant funds, the City of Fort Collins is required to provide a $200,000 local match. Both the Grant and local match funds were appropriated through the 2022 Budgeting for Outcomes cycle and are accounted for in Transfort’s approved 2022 budget. City of Fort Collins Page 8 16. Resolution 2022-023 Supporting an Application for a Great Outdoors Colorado Visioning Grant Relating to a Portion of the Poudre River Corridor. The purpose of this item is to request approval to pursue a visioning grant through Great Outdoors Colorado (GOCO) for improvements to a section of the Poudre River corridor located approximately between Lee Martinez Park and Linden Street as provided by the 2014 Poudre River Downtown Master Plan. The visioning grant provides opportunity for additional community outreach and master planning, with a focus on underserved neighborhoods and businesses near the downtown river corridor. As part of the grant program, awarded communities may receive sizable grant awards for implementation (up to $10 million per project) in a future phase. 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 A. Staff Report: Epic Homes & Bloomberg Mayors Challenge (staff: John Phelan) L) COUNCILMEMBER REPORTS M) CONSIDERATION OF ITEMS REMOVED FROM CONSENT CALENDAR FOR INDIVIDUAL DISCUSSION 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 public comment on the item (three minute limit for each person) ● Council questions of staff on the item ● Council motion on the item ● Council discussion ● Final Council comments ● Council vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure all have an opportunity to speak. If attending in person, please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker’s time. 17. Resolution 2022-024 To Support Temporary Housing in Fort Collins for the Victims of the Marshall Fire. (staff: Caryn Champine; 5 minute presentation; 20 minute discussion) The purpose of this item is to consider formally supporting staff in refraining from enforcement of the Occupancy Ordinance for households in Fort Collins that are hosting residents impacted by the Marshall/Boulder County Fire. City of Fort Collins Page 9 18. Sam's Club Fuel Station Appeal. (staff: Clark Mapes; Paul Sizemore; estimated 3 hour hearing) The purpose of this item is to consider an appeal of the Planning and Zoning Commission (the “Commission”) decision on May 20, 2021, denying the Addition of a Permitted Use (“APU”) for a Sam’s Club Fuel Station, which was proposed in conjunction with a development plan for a gasoline station within the parking lot of the existing Sam’s Club retail membership warehouse at the southeast corner of Harmony Road and Boardwalk Drive. A Notice of Appeal was filed on June 3, 2021, alleging the Commission failed to conduct a fair hearing and failed to properly interpret and apply the Land Use Code. On July 30, 2021, the Appellant and Applicant, Sam’s Club, and the known party in opposition, Harmony Market Owner’s Association, contacted the City Clerk’s Office and asked for a continuance of the August 4, 2021, hearing before Council. The Council continued the appeal hearing until January 18, 2021. O) OTHER BUSINESS A. Consideration of a motion to cancel the Tuesday, February 1, 2022 Regular Council meeting: “I move that Council cancel its regular meeting of February 1, 2022, pursuant to City Code Section 2-28(a), in light of the State of the City Address.” B. 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 A. Consideration of a motion to adjourn this meeting to 4:00 pm on Monday, January 24, 2022: “I move that Council adjourn this meeting to 4:00 pm on Monday, January 24, 2022, to consider a possible executive session and other matters related to the selection of a new City Manager and such other business as may come before the Council." 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.