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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 03/01/2022 - 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 March 1, 2022 (Amended 3/1/22) Spanish interpretation is available at this meeting using the following Zoom link: Interpretación en español está disponible en esta reunión usando el siguiente enlace de Zoom: https://zoom.us/j/98241416497 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. City of Fort Collins Page 2  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. 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 Declaring March 2022 as Women's History Month. B. Proclamation Declaring March 1, 2022 as Poudre School District Staff Appreciation Day. 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 January 18, 2022 Regular Meeting, the January 24, 2022 Adjourned Meeting and the February 15 Special and Regular Meetings. The purpose of this item is to approve the minutes of the January 18, 2022 Regular meeting, the January 24, 2022 Adjourned meeting and the February 15 Special and Regular meetings. 2. Second Reading of Ordinance No. 013, 2022, Appropriating Unanticipated Grant Revenue and Authorizing Transfers in the Transportation Services Fund for the Electric Micro-Mobility Pass and Education Series Pilot Program. This Ordinance, unanimously adopted on First Reading on February 15, 2022, appropriates unanticipated grant revenue received from the Colorado Department of Transportation (“CDOT”) Travel Demand Management Seed Funding Grant Program and to authorize transfers in the Transportation Services Fund for the Electric Micro-Mobility Pass and Education Series Pilot Program (the “Program”). 3. Items Relating to the 2022 City Classified Employee Pay Plan as Provided in the Collective Bargaining Agreement with the Fraternal Order of Police. A. Second Reading of Ordinance No. 014, 2022, Adopting the 2022 Amended City Classified Employee Pay Plan to Update Classified Positions as Provided in the Collective Bargaining Agreement with the Fraternal Order of Police. B. Second Reading of Ordinance No. 015, 2022, Appropriating Prior Year Reserves in the General Fund for the Cost of Police Services Salary and Benefit Increases as Provided in the Collective Bargaining Agreement with the Fraternal Order of Police. This Ordinance, unanimously adopted on First Reading on February 15, 2022, adopts changes to the 2022 City Classified Employee Pay Plan based on an annual market analysis conducted as agreed upon through the 2022-2024 Collective Bargaining Agreement (the “Agreement”) with the Northern Colorado Lodge #3 of the Fraternal Order of Police (“FOP”). The Agreement was approved by Council by Resolution on December 7, 2021. The Agreement specifies a salary data collection method and evaluation process that includes market data as of early January. This data has been collected and analyzed, resulting in the revised 2022 City Classified Employee Pay Plan. 4. Second Reading of Ordinance No. 016, 2022, Appropriating Philanthropic Revenue Received Through City Give for the Larimer County Veterans Memorial. This Ordinance, unanimously adopted on First Reading on February 15, 2022, accepts a charitable gift received from VFW Rocky Mountain Post 1781 for the upkeep and maintenance of the Larimer County Veterans Memorial located in Edora Park and honors Larimer County veterans killed in military service. City of Fort Collins Page 5 5. Second Reading of Ordinance No. 017, 2022, Appropriating Philanthropic Revenue Received Through City Give to Fund a Police Services Canine (K9) Unit. This Ordinance, unanimously adopted on First Reading on February 15, 2022, appropriates $10,000 in philanthropic revenue for Fort Collins Police Services received from the Howard G. Buffett Foundation for the purchase and training of a K9 as designated by the donor. The award of $10,000 from The Howard G. Buffett Foundation underwrites the purchase, related travel, and training of a K9. The philanthropic support adds a sixth canine unit to FCPS, and greatly furthers our commitment to public safety. 6. Second Reading of Ordinance No. 018, 2022, Amending the City of Fort Collins Land Use Code to Remove Enclosed Mini-Storage as an Allowed Use in the Portion of the General Commercial Zone District Within the Transit-Oriented Development Overlay Zone. This Ordinance, unanimously adopted on First Reading on February 15, 2022, adopts a Land Use Code amendment for the General Commercial Zone District permitted use list to delete the allowance of Enclosed Mini-Storage use in the area included in the Transit Oriented Development (TOD) Overlay. The proposed code change will resolve a zoning disconnect and act to strengthen the intent and purposes of the TOD district overlay that include land uses, densities, and design that enhance and support the MAX line and transit stations along the Mason Corridor. The proposed Land Use Code changes include an amendment to Article Three, Section 3.10.2 TOD Overlay standards, and Article Four, Section 4.21 General Commercial zone district use standards in the Land Use Code. As a follow up to this proposed LUC amendment, staff will develop new design standards for the Enclosed Mini-Storage use to be coordinated with Phase 2 of the Land Use Code Update in 2023-24. 7. Second Reading of Ordinance No. 019, 2022, Amending Article XIII, Chapter 12 of the Code of the City of Fort Collins, Regulating Disposable Bags and Mitigating Other Sources of Single Use Plastic Pollution. This Ordinance, unanimously adopted on First Reading on February 15, 2022, adopts amendments to Ordinance No. 026, 2021, which bans distribution of plastic bags and imposes a disposable bag fee on paper bags provided by large grocers, to (the “Disposable Bag Ordinance”). These amendments are intended to clarify and align certain provisions of the Disposable Bag Ordinance with the Plastic Pollution Reduction Act (C.R.S. Section 25-17-501 et seq.) subsequently adopted by the Colorado Legislature. The amendments included in this Ordinance will: Maintain timeline for bag changes for large grocers (effective May 1, 2022); Adopt the State’s policy that charges a 10-cent fee per paper bag; Adopt the State’s policy that splits the paper bag fee revenue 60-40 (City-grocer); Maintain the City’s existing exemption for all income-qualified program recipients; Allow further exemptions and exceptions to be developed and granted via administrative rule with notice to Council before such exemptions become effective; Align definitions to the State’s policy, either by adopting the exact wording or by aligning to the intent of the definition in cases where the policies are structured differently; and Update and align other non-substantive elements of the local Ordinance. 8. First Reading of Ordinance No. 030, 2022, Appropriating Prior Year Reserves and Unanticipated Revenue from Philanthropic Donations Received by City Give for Various City Programs and Services as Designated by the Donors. The purpose of this item is to request an appropriation of $35,407 in philanthropic revenue received through the City Give program. These miscellaneous gifts to various City departments support a variety of programs and services and are aligned with both the City’s strategic priorities and the respective City of Fort Collins Page 6 donors’ designation. In 2019, City Give was launched as a formalized enterprise-wide initiative to create a transparent, governance structure within the City organization for the acceptance of charitable gifts. 9. First Reading of Ordinance No. 031, 2022, Making Supplemental Appropriations of Grant Funds from the State of Colorado Child Care Operations Stabilization and Workforce Sustainability Grant Program. The purpose of this item is to accept grant funding from the State of Colorado provided through the American Rescue Plan. The Child Care Operations Stabilization and Workforce Sustainability grants program will fund childcare enhancements in City Childcare programs. 10. Items Relating to Intersection Improvements on U.S. Route 287 (College Avenue). A. Public Hearing and First Reading of Ordinance No. 033, 2022, Authorizing Transfers of Appropriations for Art in Public Places for Intersection Improvements on U.S. Route 287 (College Avenue). B. Resolution 2022-035, Authorizing the Execution of an Intergovernmental Agreement between the City of Fort Collins, Colorado, and the Colorado Department of Transportation for Intersection Improvements on U.S. Route 287 (College Avenue). The purpose of this item is to enable the City to transfer previously appropriated Community Capital Improvement Program (“CCIP”) funds to satisfy the City’s Art in Public Places (“APP”) program contribution requirements. This item will also authorize the Mayor to execute an Intergovernmental Agreement (“IGA”) with the Colorado Department of Transportation (“CDOT”) for the improvement of three intersections along U.S. Route 287 (College Avenue). This item will enable the City to receive and expend federal Surface Transportation Block Grant (STBG) funds for the design and construction of improvements to address traffic signal deficiencies located at the following intersections along US 287 (hereafter referred to as the “Project”): Columbia Road and South College Avenue (highest priority) Pitkin Street and South College Avenue (high priority) Harvard Street and South College Avenue (medium priority) 11. Resolution 2022-036 Expressing Support for Improved Medicare For All as a National or State Health Care System. The purpose of this item is to express support for both state and national legislators to actively support legislation such as HR 1976, The Medicare for All Act 2021 or other similar legislation that provides comprehensive and affordable health care for all. 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. Equity Indicators Report and Dashboard Update. (staff: Claudia Menendez) 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 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. 12. Second Reading of Ordinance No. 020, 2022, Supporting Temporary Fort Collins Housing Permits for Victims of the Marshall/Boulder County Fire as an Exception to Land Use Code Section 3.8.16 Occupancy Limits. (staff: Caryn Champine; 5 minute presentation; 10 minute discussion) This Ordinance, unanimously adopted on First Reading on February 15, 2022, authorizes staff to implement a permit process to request relief from the Occupancy Ordinance Land Use Code (“LUC”) Section 3.8.16 for the purpose of hosting residents impacted by the Marshall/Boulder County Fire. Included as an attachment is suggested language to allow Lessees, with the Property Owner’s/Landlord’s written permission, to offer housing for a household unit affected by the Marshall Fire. Requiring the Property Owner/Landlord’s permission to the additional occupancy avoids inconsistency with an important underlying Land Use Code premise, which requires owner consent for a binding action on a particular property. 13. Resolution 2022-037 Approving and Adopting the Fort Collins Recovery Plan. (staff: SeonAh Kendall; 10 minute presentation; 20 minute discussion) The purpose of this item is consideration of a resolution adopting the Fort Collins Recovery Plan (the Plan), which includes outcomes and objectives within the four recovery themes of health, equity and community resilience, economic recovery, and environmental resilience. The Plan works to address the trauma that the COVID-19 pandemic has had on our community, reduce future shocks, and focus on the inclusion and well-being of our community to increase resilience and move toward a vibrant future. The Plan is NOT meant to be overly prescriptive. Outcomes and objectives are meant to lay out priorities and goals to achieve for successful recovery. Actions included in the Plan are examples representing the types of policy and programs which could be taken to achieve objectives and outcomes. Future funding allocation, such as the American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Fund, are tools to help the community recovery. 14. First Reading of Ordinance No. 034, 2022, Appropriating Prior Year Reserves from the Light and Power Fund for Use in the Connexion Account to Complete the Connexion System Construction and Customer Ramp Up and Providing for Future Cost Recovery. (staff: Chad Crager; 10 minute presentation; 30 minute discussion) The purpose of this item is to request appropriation of prior year reserves from the Light & Power Fund for use in completing the Connexion system construction and customer ramp up. Updated construction cost and timing estimates were completed in late 2021 which indicated a funding need of approximately $20 million to build out the network by mid-2022. Staff has evaluated the financing options available to meet this funding need and proposes to use $20 million from available Light & City of Fort Collins Page 8 Power reserves to allow for completion of the network buildout. These funds will be reimbursed to the Light & Power Fund (including interest) from the cash flows generated by the Connexion operations. Staff met with the Council Finance Committee on February 4, 2022 and received support for this proposal. 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.) B. Discussion of a possible expression of support of Ukraine and condemnation of Russian aggression. C. Consideration of a motion to cancel the Tuesday, March 15, 2022 Regular Council meeting: “I move that Council cancel its regular meeting of March 15, 2022, pursuant to City Code Section 2-28(a), in light of the National League of Cities conference.” D. Motion to adjourn this meeting after the completion of Electric Utility Enterprise Board business: "I move that Council adjourn this meeting until after the completion of the Electric Utility Enterprise Board business. E. Motion to go into an Executive Session to discuss two legal matters: “I move that the City Council go into executive session pursuant to: City Charter Article Roman Numeral Two, Section 11(2), City Code Section 2-31(a)(2) and Colorado Revised Statutes Section 24-6-402(4)(b), for the purpose of discussing with the City’s attorneys and appropriate management staff the following two items: 1. Specific legal questions related to litigation regarding the acquisition of certain property interests for the Halligan Reservoir Project; and 2. The manner in which the particular policies, practices or regulations of the City related to the Thornton Water Pipeline Project may be affected by existing or proposed provisions of federal, state or local law.” 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.