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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 05/03/2022 - REGULAR MEETINGCity 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 May 3, 2022 Spanish Interpretation will now be available at all regular Council Meetings. 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 Declaring the Week of May 1-7, 2022 as Small Business Week. B. Proclamation Declaring the Week of May 9-13, 2022 as Economic Development Week. C. Proclamation Declaring May 2022 as National Tennis Month. D. Proclamation Declaring May 2022 as Mental Health Awareness Month. E. Proclamation Declaring May 2022 as Historic Preservation Month. F. Proclamation Declaring May 2022 as Asian American and Pacific Islander Heritage Month. 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 April 5, 2022 and April 19, 2022 Regular Meetings. The purpose of this item is to approve the minutes of the April 5, 2022 and April 19, 2022 Regular meetings. 2. Second Reading of Ordinance No. 043, 2022, Making Supplemental Appropriations and Authorizing Transfer of Appropriations from the Colorado Utility Data Accelerator Grant for the Fort Collins Utilities MyData Customer Portal. This Ordinance, unanimously adopted on First Reading on April 19, 2022, appropriates $100,000 from the Colorado Energy Office awarded as a Colorado Utility Data Accelerator Grant. The funds support the energy data disclosure requirements under the State’s “Energy Performance for Buildings” statute (HB21-1286; §25-7-142 (4)). The funding will help Utilities streamline the process of sharing aggregated utility use data with building owners and improve benchmark reporting. The grant will be used to extend the scope of work with an existing vendor supporting the MyData Utilities Customer data access portal through which building owners report building data required by City Code. By extending functionality of that existing webservice for sharing Utilities customer usage data with the EPA’s ENERGY STAR ® Portfolio Manager ® tool, the MyData portal can be leveraged to collect data required by both City Code and the Energy Performance for Buildings statute, reducing the compliance effort for building owners. 3. Second Reading of Ordinance No. 044, 2022, Making a Supplemental Appropriation of Larimer County Fiscal Recovery Funds to the City to Support the Mobile Home Park Backflow Preventer Project. This Ordinance, unanimously adopted on First Reading on April 19, 2022, approves contract execution and appropriation of Larimer County ARPA funding of $132,500 awarded to the City’s Neighborhood Services department for mobile home park backflow preventer purchase and installation to improve community water quality and avoid infrastructure costs from being charged to mobile home park residents. 4. Second Reading of Ordinance No. 045, 2022, Appropriating Prior Year Reserves in the Natural Areas Fund for the Purpose of Land Conservation, Visitor Amenities, Restoration and Other Related Natural Areas Stewardship Activities not included in the 2022 Adopted City Budget. This Ordinance, unanimously adopted on First Reading on April 19, 2022, appropriates $10,167,000 in prior year reserves in the Natural Areas Fund. These appropriations are for land conservation, visitor amenities and restoration of wildlife habitat, as well as other Natural Areas Department stewardship activities to benefit the residents of Fort Collins. City of Fort Collins Page 5 5. Second Reading of Ordinance No. 046, 2022, Appropriating Prior Year Reserves in the General Fund for Cultural Development and Programming Activities, Tourism Programming, and Convention and Visitor Program Services. This Ordinance, unanimously adopted on First Reading on April 19, 2022, appropriates $292,114, of which $181,643 is proposed for Cultural Development and Programming Activities (Fort Fund) and $110,471 is proposed for Tourism Programming (Fort Fund) from a combination of Lodging Tax and Prior Year Reserves (unspent appropriations) in the General Fund Lodging Tax Reserves. Lodging taxes are annually collected by the City for Cultural Development and Tourism programming activities. Anticipated revenue is projected through each Budgeting for Outcomes (BFO) cycle and then adjusted annually as needed based on final actual collections. Due to continued recovery from the pandemic, Lodging Tax revenues collected for 2021 came in $38,516 below projected collections. 6. Second Reading of Ordinance No. 047, 2022, Appropriating Prior Year Reserves for the Post Employment Health Plan as Provided in the Collective Bargaining Agreement with the Fraternal Order of Police. This Ordinance, unanimously adopted on First Reading on April 19, 2022, appropriates General Fund reserves for City contributions to the 2022 City Post Employment Health Plan (PEHP) to be made to the accounts of members of the Collective Bargaining Unit (CBU) of Fort Collins Police Services as agreed upon through the 2022-2024 Collective Bargaining Agreement (CBA) with the Northern Colorado Lodge #3 of the Fraternal Order of Police (“FOP”). The CBA was approved by Council by Resolution 2021-114 on December 7, 2021. The CBA specifies a matrix of one-time and “catch-up” City contributions to be made to CBU members’ PEHP accounts based upon their cumulative service in the CBU. A reminder of this pending appropriation was included in Ordinance No. 015, 2022, the appropriation ordinance for CBU salary increases. 7. Second Reading of Ordinance No. 048, 2022, Authorizing the First Amendment to the Second Amended and Restated Conservation Easement on the Williams Property. This Ordinance, unanimously adopted on First Reading on April 19, 2022, authorizes the execution of an amendment to the Williams (formerly Hazelhurst) Conservation Easement. The amendment will correct an error in the stated residential building square footage, clarify language outlining structure parameters, correct the reference to mineral rights ownership, enhance mineral extraction restrictions, and prohibit sodbusting. 8. Second Reading of Ordinance No. 049, 2022, Authorizing Conveyance of an Amended Agreement for a Permanent Non-Exclusive Drainage Easement on Property Jointly Owned by the City of Fort Collins and the City of Loveland at the Northern Colorado Regional Airport for the New Veteran's Affairs Clinic. This Ordinance, unanimously adopted on First Reading on April 19, 2022, authorizes an amended permanent non-exclusive drainage easement over a portion of the Northern Colorado Regional Airport property owned jointly by the Cities of Fort Collins and Loveland for the benefit of a new Veteran’s Affairs (VA) clinic planned for constructed adjacent to the East side of the Airport (the “VA Project”) by Byrd Drive Development, LLC, (“Developer”). This amended easement will supersede the drainage easement for the VA Project previously adopted by Council’s by Ordinance No. 008, 2021 on January 19, 2021. 9. Second Reading of Ordinance No. 050, 2022, Approving an Estoppel Certificate that Modifies an Existing Lease Between the Cities of Fort Collins and Loveland and Discovery Air, LLC, for Property Located at the Northern Colorado Regional Airport. This Ordinance, unanimously adopted on First Reading on April 19, 2022, requests approval of an estoppel certificate requested by Discovery Air LLC (“Discovery Air”) with respect to a fifty-year ground lease of Airport property (the “Lease”) previously approved by Council. The requested Estoppel Certificate contains provisions that effectively modify the Lease and therefore requires Council approval. City of Fort Collins Page 6 An estoppel certificate is a legally-binding signed statement certifying for another's benefit – in this case Discovery Air’s lender - certain facts regarding the Lease as accurate and it will be enforced to “estop” (or prevent) the Cities from asserting a different state of facts. An estoppel certificate is customarily provided under long-term leases, is necessary to obtain financing and is called for by the Discovery Air Lease. 10.Second Reading of Ordinance No. 051, 2022, Authorizing the City Manager and the Mayor to Enter into an Agreement Between the City of Fort Collins and the Landowners’ Association for Phantom Canyon Ranches Regarding the Halligan Water Supply Project and to Execute Certain Conveyance Documents and an Agreement Attached Thereto. This Ordinance, unanimously adopted on First Reading on April 19, 2022, requests approval of a proposed agreement (“Proposed Agreement”) between the City and the Landowners’ Association for Phantom Canyon Ranches (“Association”) regarding certain aspects of the City’s Halligan Water Supply Project (“Halligan Project”). The Association owns certain real property adjacent to Halligan Reservoir (which the City intends to enlarge) and along the North Fork of the Poudre River (“North Fork”). Since late 2018, City representatives have collaborated with the Association to obtain property rights necessary for the Halligan Project and to address concerns raised by the Association, culminating in the Proposed Agreement. Under the Proposed Agreement: •The Association would: o convey the City a river access easement along the North Fork for Phase 1 (Permitting and Design) of the Halligan Project; o convey the City small parcels around Halligan dam needed for construction; and o resolve outstanding claims under historical agreements. •The City would: o grant the Association options to acquire: 121 acres below the Halligan Reservoir dam (“Halligan Dam”) that would be subject to restrictive covenants; easements along the reservoir and North Fork; and o modify an existing lease allowing the Association to use the surface of the reservoir until construction.Both parties also agree to work collaboratively on access for Phases 2 (Construction) and 3 (Operation and Maintenance). City staff analyses indicate that the Proposed Agreement is cost neutral and beneficial to the City and the Halligan Project. 11. First Reading of Ordinance No. 052, 2022, Making a Supplemental Appropriation of the Poudre River Native Fish Project Grant in the Natural Areas Fund. The purpose of this item is to request an appropriation of grant funds from Colorado Parks and Wildlife to the Natural Areas Department to complete a river habitat improvement project for native fish on the Cache la Poudre River. The grant funds will be used to create refuge pools in a side channel of the Cache la Poudre River for the rare, native plains topminnow and orange-spotted sunfish. The project is a value-added element to the City’s instream water right project underway at the CSU Environmental Learning Center (BFO 1.62, 9.16, 12.23). Flows for the refuge pools will be supplied by the instream water right. 12.First Reading of Ordinance No. 053, 2022, Amending Certain Sections of Chapter 25 of the Code of the City of Fort Collins Relating to the Imposition, Collection, and Enforcement of the City’s Sales and Use Tax. The purpose of this item is to amend Chapter 25 of the City Code concerning sales and use tax. The updates include revisions to the Grocery Tax Rebate Program to provide greater administrative flexibility to staff to aid in alignment with the ongoing City-wide initiative to broaden access to City income-qualified programs. Other updates include, but are not limited to, clarifying definitions for the City of Fort Collins Page 7 Manufacturing Use Tax Rebate Program, increasing the dollar threshold that determines when written agreements for tax settlements are required, creating an exemption from sales tax for the recently adopted disposable bag fee, and removing the tax exemption for cigarettes. 13. First Reading of Ordinance No. 054, 2022, Approving the Vacation and Rededication of Four Permanent Utility Easements Located on Lots 2 and 3 of the Lakeview on the Rise Subdivision. The purpose of this item is to approve an Ordinance that would vacate and accept rededication of four permanent utility easements at the Lakeview on the Rise Subdivision. The four original easements (the “Original Easements”) were dedicated to the City prior to the initial construction and installation of the equipment and fixtures providing said utilities (the “Utility Equipment”). After construction was completed, the property owner determined that the Utility Equipment was not situated entirely within the boundaries of the Original Easements. To remedy this situation, staff recommends that the City vacate the Original Easements and accept a new Deed of Dedication of Easement (the “New Easement Deed”) in favor of the City providing for four permanent utility easements that correctly describe the location of the Utility Equipment (the “New Easements”). 14. First Reading of Ordinance No. 055, 2022, Authorizing an Extension of the 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. The purpose of this item is to extend the authorization originally granted with Ordinance No. 167, 2021, for a temporary wireless telecommunication facility known as a cell-on-wheels (COW), operated by T- Mobile, currently located at 1800 East Harmony. The current temporary authorization is set to expire on June 7, 2022. This temporary facility is in place 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 and operational no later than December 1, 2022. 15. First Reading of Ordinance No. 056, 2022, Calling a Special Municipal Election to be Held in Conjunction with the November 8, 2022 Larimer County General Election. The purpose of this item is to call a Special Municipal Election to be held in conjunction with the November 8, 2022, Larimer County General election, preserving the opportunity for Council to place Council-initiated or citizen-initiated questions on the November ballot. If Council decides to place any questions on the ballot, it would need to accomplish this by no later than its September 6 meeting. If Council does not take action by ordinance or resolution before the statutory deadline (September 9) to certify ballot language to Larimer County, the election will be cancelled, and the provisions of this Ordinance will be of no further force and effect. This Ordinance does not submit any specific question(s) to the November 8 ballot. Adoption of it is, however, a required first step in preserving the option for Council to submit any questions that Council may desire at the November 8, 2022, General Election. 16. Resolution 2022-055 Authorizing the Execution of an Intergovernmental Agreement Regarding Regional Opioid Settlement Implementation and Designating a City Representative to the Larimer Regional Council. The purpose of this item is to approve and authorize execution of an Intergovernmental Agreement with Larimer County, the City of Loveland and the Town of Wellington, establishing a regional governing body to oversee funding received from the national settlements reached with opioid distributors and manufacturers. 17. Resolution 2022-056 Confirming and Approving the Appointment of Andy Smith for a Second Term to the Board of Commissioners of the Fort Collins Urban Renewal Authority. The purpose of this item is to appoint Andy Smith to the Urban Renewal Authority Board of Commissioners for a second term serving on the Urban Renewal Authority Board of Commissioners. City of Fort Collins Page 8 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 - None 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. 18. Second 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. (staff: Jim Bertolini; no presentation; 5 minute discussion) 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. The purpose of this item originally was to request City landmark designation for the property at 1433 South Overland Trail. However, since the time of the First Reading of Ordinance No. 11, 2022, the owners of the Property have notified staff that they no longer have consensus regarding support for the designation of the Property as a Landmark and have requested their application for designation be postponed. In cooperation with the property owner (which has since been withdrawn), the Ponds at Overland Trail HOA, staff and the Historic Preservation Commission (the “Commission”) had determined the property to be eligible for designation under Standards 2, Persons/Groups for association with Paul & 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 originally requested designation to provide protection of the property's exterior and immediate grounds, and access to financial incentives for preservation. The Owners have now withdrawn their consent and the process for a consensual designation is no longer applicable. City of Fort Collins Page 9 19. First Reading of Ordinance No. 057, 2022, Appropriating Prior Year Reserves in the General Fund to Provide Cost-Sharing Related to Electric Vehicle Charging Infrastructure at Affordable Housing Developments. (staff: John Phelan, Meaghan Overton; 10 minute presentation; 30 minute discussion) The purpose of this item is to request an off-cycle appropriation from General Fund Reserves in the amount of $238,000 to provide cost-sharing related to Electric Vehicle (EV) charging infrastructure required at Affordable Housing (AH) developments in 2022. Staff estimates that 237 affordable homes currently in the City’s development review process may apply for building permits during 2022. 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. Motion to adjourn this meeting until 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." 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.