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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 07/19/2022 - REGULAR MEETING SUMMARY AGENDA 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 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 City Manager City Clerk Regular Meeting July 19, 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. 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 August 2, 2022 as Neighborhood Night Out. 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 their 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 970.221.6760.] 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. Second Reading of Ordinance No. 083, 2022, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Property Rights Necessary for Phase 2 (Construction) and Phase 3 (Operations and Maintenance) of the Halligan Water Supply Project. This Ordinance, unanimously adopted on First Reading on July 5, 2022, authorizes the use of eminent domain to acquire property rights for construction (Phase 2) and long-term maintenance and operations access (Phase 3) to the Halligan Water Supply Project (Halligan Project) across private property that provides the primary access point to Halligan Reservoir. This property is jointly owned by Geo A. Henderson Co., Inc. and Chris Vandemoer (collectively, Vandemoer), and is encumbered by two conservation easements held by The Nature Conservancy (TNC). The parties are currently in eminent domain litigation for Phase 1 of the Project and have had productive conversations regarding a global settlement for all three phases of the Halligan Project. The acquisition will include: a temporary access easement for construction a permanent access easement for ongoing maintenance and operations  a permanent easement for flood/high water events fee title to approximately 5.48 acres of land for inundation To meet near-term project timelines, prompt acquisition of the property rights is necessary. Staff fully intends to continue negotiating in good faith with the affected property owners and is requesting authorization to, in consultation with the City Attorney’s Office, use eminent domain as necessary to acquire the needed property rights. To effectuate a possible global settlement in the City’s eminent domain litigation with Vandmoer, the City needs Council’s authorization of eminent domain to include Phase II and Phase III, so that all property rights needed from Vandemoer for the entire project can be acquired at one time. This action ensures the City can secure all access rights required to complete the final two phases of the Halligan Project over the primary access route to the Halligan Dam and Reservoir:  Phase 1 - permitting and design (site visits and data collection related to permitting processes and preliminary design work for the reservoir enlargement and for the diversion structure replacement)  Phase 2 - construction (construction work related to replacement of dam and diversion structure)  Phase 3 - long-term maintenance and operations of the dam and reservoir (including permanent maintenance of measuring devices on the reservoir and diversion structure and environmental monitoring requirements under governmental permits) 2. Second Reading of Ordinance No. 084, 2022, Amending the City of Fort Collins District-Precinct Map Following the Decennial Census. This Ordinance, unanimously adopted on First Reading on July 5, 2022, amends the City’s Council district boundaries following the decennial census in compliance with Section 7-87 of the City Code, including aligning City precinct boundaries with County precinct boundaries. City of Fort Collins Page 5 3. Second Reading of Ordinance No. 085, 2022, Making Supplemental Appropriations of Grant Funds from the Pools Special Initiative 2022 Program. This Ordinance, unanimously adopted on First Reading on July 5, 2022, appropriates funding received from the Colorado Department of Local Affairs to recruit and retain public swimming pool employees. 4. First Reading of Ordinance No. 087, 2022, Authorizing the Exchange of Stormwater Easements Between the City of Fort Collins and Sun Foothills Fort Collins, LLC The purpose of this item is to authorize the conveyance of a stormwater drainage easement to Sun Foothills Fort Collins, LLC (“Sun”) on undeveloped City-owned real property located south of Trilby Road and east of South College Avenue (Assessor’s Parcel No. 9613200927). This easement is necessary for Sun to develop its property adjacent and to the north of the City’s property. In exchange, Sun will convey to the City a stormwater drainage easement on its property that will allow the City, or future owner, to use Sun’s property for stormwater drainage from the City’s property when developed. The execution of the Reciprocal Stormwater Drainage Easement Agreement will effectuate the reciprocal conveyances. 5. Resolution 2022-072 Approving the 2022 Certification to the Larimer County Assessor Pursuant to Colorado Revised Statutes Section 31-25-807(3)(a)(IV)(B) for the Downtown Development Authority Property Tax Increment. The purpose of this item is to certify to the Larimer County Assessor the percentages of property tax distributions to be allocated for the Downtown Development Authority by the Assessor as tax increment from the 2022 property taxes payable in 2023 to the City and to all other affected taxing entities. 6. Items Relating to Various Appointments to Boards and Commissions. A. Resolution 2022-073 Making an Appointment to the Affordable Housing Board. B. Resolution 2022-074 Making Appointments to the Building Review Commission. C. Resolution 2022-075 Making an Appointment to the Cultural Resources Board. D. Resolution 2022-076 Making Appointments to the Human Relations Commission. E. Resolution 2022-077 Making Appointments to the Land Use Review Commission. F. Resolution 2022-078 Making an Appointment to the Parks and Recreation Board. The purpose of this item is to fill vacancies on various boards and commissions. 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 City of Fort Collins Page 6 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. 7. Items Relating to a City-Initiated Charter Amendment Relating to Residency Requirements. (staff: Teresa Roche; 5 minute presentation; 15 minute discussion) A. Possible Public Hearing and Motion(s) Regarding Protest(s) of Ballot Language. B. First Reading of Ordinance No. 089, 2022, Submitting to a Vote of the Registered Electors of the City of Fort Collins Proposed Amendments to the City Charter Concerning the Requirement that Certain Employees Live in or Near Fort Collins. At the June 28 Work Session, Council directed staff to bring forward potential ballot options to amend the City Charter to remove requirements that certain employee positions live in or near Fort Collins, allowing City Council to establish any residency requirements by ordinance. Currently, a vote of the registered electorate is required to amend the Charter language that specifies City positions that must live in or near Fort Collins. The purpose of this item is to minimize residency as a barrier to employment in leadership positions in the City of Fort Collins and to recognize the world of work has changed significantly. Any protest of the proposed ballot language must be received no later than Monday, July 18, at noon. Protest(s) shall be heard, considered, and resolved by the Council prior to adoption of the related Ordinance. If protests are received, copies will be included in Council's "Read Before the Meeting" packet. 8. Resolution 2022-079 Directing the Design and Issuance of a Request for Proposals for a Residential Waste Services Program Within the Boundaries of the City (staff: Lindsay Ex, Caroline Mitchell, Sylvia Tatman-Burruss; 10 minute presentation; 30 minute discussion) The purpose of this item is to consider a Resolution that outlines elements of a contracted residential waste and recycling program that will be used to inform development and issuance of a Request for Proposals for a service provider for that program. This action aligns with the Council Priority to explore a districted system for garbage, recycling and compost for single family homes and multifamily residences of seven or fewer units. 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.) City of Fort Collins Page 7 B. Consideration of a motion to cancel the August 2, 2022, Council Meeting, as permitted under Section 2-28 of the City Code, due to Neighborhood Night Out Community Events. “I hereby move to cancel the August 2, 2022 Council meeting as permitted under section 2-28 of the City Code, due to Neighborhood Night Out community events that evening.” 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.