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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 06/07/2022 - 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 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 June 7, 2022 Spanish interpretation will now be available at all Regular Council meetings. El servicio de interpretación en español ahora será disponible en todas las reuniones estándares del Consejo Municipal. 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 June 2022 as LGBTQ+ Pride Month. B. Proclamation Declaring June 10, 2022 as Hattie McDaniel Day. C. Proclamation Declaring June 19, 2022 as Juneteenth Independence Day. D. Proclamation Declaring June 2022 as Bike 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 May 3, 2022 and May 17, 2022 Regular Meetings. The purpose of this item is to approve the minutes of the May 3, 2022 and the May 17, 2022 Regular meetings. 2. Second Reading of Ordinance No. 058, 2022, Appropriating Prior Year Reserves in the Light & Power Fund for Purchase of Distribution and Substation Transformers. This Ordinance, unanimously adopted on First Reading on May 17, 2022, brings forward an off-cycle supplemental appropriation of Light & Power reserves to fund a capital project consisting of the purchase of distribution and substation transformers. Information from transformer vendors indicates that prices and lead times are rising significantly, due to supply chain and inflationary challenges. With respect to distribution transformers, it will be necessary to either scale back the number of distribution transformers the City planned to purchase this year or request an additional appropriation to permit purchase of the expected number of transformers necessary to accommodate new customers and prudent asset replacement. A reduction in the number of transformers purchased could negatively impact new development and system reliability. The proposed supplemental appropriation includes $1,432,000 to allow more distribution transformers to be ordered in 2022 so that sufficient stock can be delivered as soon as available, likely in late 2023 at the earliest. In addition, a new substation will be necessary to adequately serve the northeast areas of the City as those areas develop. The proposed supplemental appropriation also includes $2,234,000 for the two substation transformers needed to serve this load growth. Again, this supplemental appropriation is recommended to avoid waiting to place these orders when additional funds would otherwise become available in early 2023 and should allow these transformers to be delivered within the next three years given current lead-times. The total supplemental appropriation being proposed for Council consideration is for $3,666,000. Council Finance Committee minutes that were not available for First Reading have been included. 3. Second Reading of Ordinance No. 059, 2022, Appropriating Philanthropic Revenue Received Through City Give for The Gardens on Spring Creek. This Ordinance, unanimously adopted on First Reading on May 17, 2022, appropriates $55,000 in philanthropic revenue in the Cultural Services Fund for The Gardens on Spring Creek to support operations as designated by the donor and community partner, The Friends of the Gardens on Spring Creek. City of Fort Collins Page 5 4. Items Relating to the 2021 International Fire Code. A. Second Reading of Ordinance No. 060, 2022, Amending Chapter 9 of the Code of the City of Fort Collins for the Purpose of Repealing the 2018 International Fire Code and Adopting the 2021 International Fire Code, with Amendments. B. Second Reading of Ordinance No. 064, 2022, Making Changes to Fort Collins City Code Section 2-173 Related to the Adoption of the 2021 International Fire Code, with Amendments. This Ordinance, unanimously adopted on First Reading on May 17, 2022, repeals the 2018 International Fire Code and adopt the 2021 International Fire Code (“IFC”), with local amendments. The International Code Council (“ICC”) publishes updated codes every three years. The Poudre Fire Authority Board of Directors has reviewed and approved this code package and is requesting the code be adopted as amended. The 2021 IFC proposed for adoption provides that appeals of decisions by the fire code official (Fire Chief, or by delegation, Fire Marshall) shall be heard by the Fort Collins Building Review Commission acting as the Fire Board of Appeals, as did the 2018 Fire Code. Ordinance No. 064, 2022 makes a related change to City Code Section 2-173 to reflect the Commission’s responsibility to serve as the Fire Board of Appeals as set forth in the 2021 IFC. 5. Second Reading of Ordinance No. 061, 2022, To Increase from Five to Seven the Number of Directors on the Board of Directors of the Fort Collins Tourism Improvement District and to Make an Appointment to One of the New Director Positions. This Ordinance, unanimously adopted on First Reading on May 17, 2022, amends the ordinance Council adopted in August 2021 to establish the Fort Collins Tourism Improvement District (District). The proposed Ordinance expands the District’s Board of Directors (Board) from five to seven directors, and it would appoint the director for one of the newly created positions. The Board seeks broader representation from the District. The Board’s expansion would allow two at-large electors to serve on the Board. The Board has nominated Abbie Stout, owner of the Edwards House, to fill one of these new positions. The other position will remain vacant until the Board finds an eligible elector who is willing and able to serve on the Board. 6. Second Reading of Ordinance No. 062, 2022, Authorizing and Approving the Execution and Delivery by the City of One or More Amendments to 2019 Trust Indenture, Leases and Other Related Documents for the Issuance of 2022 Certificates of Participation for the Financing of Certain City Projects. This Ordinance, unanimously adopted on First Reading on May 17, 2022, authorizes the amendment of certain 2019 lease documents and approval of other related documents for the issuance of certificates of participation (COPs), the funds from which will be used for the acquisition of the Hughes Stadium land, construction of the Southridge golf course irrigation system improvements, construction of the Fleet shop expansion, and such additional projects as Council may approve by resolution. 7. Second Reading of Ordinance No. 063, 2022, Making Supplemental Appropriations from a Portion of the City’s American Rescue Plan Act (ARPA) Funding for Local Fiscal Recovery Related to the COVID-19 Pandemic. This Ordinance, unanimously adopted on First Reading on May 17, 2022, authorizes a mid-cycle appropriation of $4.1M of the Organization’s remaining $19.9M of American Rescue Plan Act (ARPA) Funds to support pandemic recovery efforts. These projects were reviewed and selected by the Recovery Executive Lead Team because they address immediate needs for both community and enterprise recovery. These projects align with the City’s Recovery Plan and have also been reviewed by Council Finance Committee. City of Fort Collins Page 6 8. First Reading of Ordinance No. 065, 2022, Making a Supplemental Appropriation of Fiscal Recovery Funds from Larimer County to the Cultural Services and Facilities Fund for Paid Interns. The purpose of this item is to appropriate unanticipated grant revenue in the Cultural Services and Facilities Fund for paid internships at the Gardens on Spring Creek, Neighborhood Services Department and Volunteer Services Division. This appropriation includes $149,559 of grant revenues awarded on April 1, 2022, by the Larimer County Economic and Workforce Development Department. The Workforce Innovation Grant’s funding source is the federal American Rescue Plan Act and will be available until December 31, 2024. 9. First Reading of Ordinance No. 066, 2022, Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations for the 215 North Mason Street Renovation for Municipal Court and the City Attorney’s Office and Related Art in Public Places. The purpose of this item is to request $700,000 in appropriations from General Fund Reserves to address urgent renovation needs on the first floor at 215 North Mason Street. Municipal Court and the City Attorney’s Office are jointly requesting this appropriation. 10. First Reading of Ordinance No. 067, 2022, Making Supplemental Appropriation and Authorizing Transfers from the General Fund of the State Historical Fund Grant to Produce a Historic Context Report of Civil Rights in Fort Collins. The purpose of this item is to appropriate $86,600 in grant funding received from the State Historical Fund, awarded by History Colorado on March 7, 2022, and $7,530 in required matching funds from the 2022 Historic Preservation Division survey grants budget to produce a history of civil rights in Fort Collins, a preliminary list of associated, significant properties for planning purposes, and a prioritized list of related future projects. 11. Items Relating to the Appropriation of Federal Funds in the Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) Program Funds. A. First Reading of Ordinance No. 068, 2022, Making Supplemental Appropriations in the Community Development Block Grant Fund B. First Reading of Ordinance No. 069, 2022, Making Supplemental Appropriations in the HOME Investment Partnerships Grant Fund The purpose of this item is to appropriate the City’s FY2022 Community Development Block Grant (CDBG) Entitlement Grant and FY2022 Home Investment Partnerships Program (HOME) Participating Jurisdiction Grant from the Department of Housing and Urban Development (HUD), and CDBG program income from FY2020 & FY2021 and HOME Program Income from FY2020 & FY2021. 12. First Reading of Ordinance No. 070, 2022, Repealing Sections 23-90 to 23-95 and Amending Section 24-1 of the Code of the City of Fort Collins Regarding Neighborhood Entry Signs. The purpose of this item is to delete City Code redundancy. The City’s Sign Code was adopted in 2017 as part of the Land Use Code. This makes City Code Sections 23-90 to 23-95 and 24-1(4)-(5) unnecessary. 13. Resolution 2022-058 Declaring the Official Intent of the City to Reimburse the Applicable City Funds for Expenditures Relating to Funding the City’s Capital Projects Identified in Ordinance No. 062, 2022, Through the Issuance of Certificates of Participation. The purpose of this item is to declare the City’s official intent to reimbursed the applicable City fund with the proceeds from the issuance of the certificates of participation (Certificates of Participation) approved by City Council in Ordinance No. 062, 2022, for the City expenditures made before the issuance of the Certificates of Participation to fund (a) the acquisition of the real property on which the Hughes Stadium previously existed, (b) the acquisition and installation of certain irrigation improvements for the Southridge Golf Course, (c) the construction and installation of a fleet City of Fort Collins Page 7 maintenance facility at 800 Wood Street, and (d) such additional projects that benefit the City and are approved by resolution of the City Council (Projects). 14. Resolution 2022-059 Expressing the City Council’s Continuing Support for the Fort Collins LGBTQ+ Community with a Display of Rainbow Lights at City Hall. The purpose of this item is to express Council’s continuing support for the Fort Collins LGBTQ+ community with a display of rainbow lights at City Hall during the month of June, which is Pride month. 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 - None 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. Consideration of a motion to go into Executive Session for Mid-Year Reviews of Chief Judge, City Attorney and Interim City Manager: Chief Judge 45 minutes City Attorney 60 minutes Interim City Manager 75 minutes Note: times are approximate with breaks, as necessary. “I move that the City Council go into executive session, as permitted under Article Two, Section Eleven of the City Charter, Section 2-31(a)(1) of the City Code and Colorado Revised Statutes Section 24-6-402(4)(f)(roman numeral one), for the purpose of conducting mid-year performance reviews of the Chief Judge, City Attorney and Interim City Manager.” C. Consideration of a motion to go into Executive Session to discuss next steps related to the City Manager recruitment: “I move that the City Council go into executive session to discuss the remaining candidate for the city manager position, pursuant to:  Article Two, Section Eleven of the City Charter,  Section 2-31(a)(1) of the City Code and  Colorado Revised Statutes Section 24-6-402(4)(f)(roman numeral one).” City of Fort Collins Page 8 D. Resolution 2022-038 Selecting a City Manager Finalist and Designating Two Councilmembers to Work with the Recruitment Team to Develop Proposed Terms and Conditions of a City Manager Employment Agreement for Council Consideration. The purpose of this item is to name the selected finalist for City Manager and authorize two members of the Council to discuss with the recruiter hired to support the recruitment process, City staff and/or the person named to develop the terms and conditions of employment for the City Manager position. If Council is not prepared to move forward to name a selected finalist or would like to direct staff to take specific actions in furtherance of the recruitment and selection of a new City Manager, Council may wish to give that direction by motion in lieu of approving the Resolution. 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.