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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 09/06/2022 - REGULAR MEETING SUMMARY AGENDAFort Collins City Council Agenda Regular Meeting 6:00 p.m. Tuesday, September 6, 2022 City Council Chambers at City Hall, 300 Laporte Ave, Fort Collins, CO 80521 Zoom Webinar link: https://zoom.us/j/98241416497 NOTICE: Regular meetings of the City Council are held on the 1st and 3rd Tuesdays of each month in the City Council Chambers. Meetings are conducted in a hybrid format, with a Zoom webinar in addition to the in person meeting in Council Chambers. City Council members may participate in this meeting via electronic means pursuant to their adopted policies and protocol. How to view this Meeting:: Meetings are open to the public and can be attended in person by anyone. Meetings are televised live on Channels 14 & 881 on cable television. Meetings are livestreamed on the City's website, fcgov.com/fctv 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. Meetings are available through the Zoom platform, electronically or by phone. Meeting agendas, minutes, and archived videos are available on the City's meeting portal at https://fortcollins-co.municodemeetings.com/ Written comments can be mailed or dropped off at the City Manager's Office at City Hall, at 300 Laporte Ave, Fort Collins, CO 80521 Email comments about any item on the agenda to cityleaders@fcgov.com Submit written comments:: The public can join the Zoom webinar and comment from the remote meeting, joining online or via phone. During the public comment portion of the meeting and discussion items: In person attendees can address the Council in the Chambers. Speakers are required to sign up to speak on sign up sheets on the tables just outside the Chambers. There are four options for members of the public who would like to participate in Council meetings: Comment in real time:: Full instructions for online participation are available at fcgov.com/councilcomments. Join the online meeting using the link in this agenda to log in on an internet-enabled smartphone, laptop or computer with a speaker and microphone. Using earphones with a microphone will greatly improve audio experience. To be recognized to speak during public participation portions of the meeting, click the 'Raise Hand' button. Participate via phone using the call in number and meeting ID below: Call in number: 720 928 9299 Meeting ID: 939 1075 7534 During public participation opportunities in the meeting, press *9 to indicate a desire to speak. 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. City of Fort Collins Page 1 of 6 City Council Summary Agenda City Council Regular Meeting Agenda September 6, 2022 at 6:00 PM 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 300 Laporte Avenue, Fort Collins & via Zoom at https://zoom.us/j/98241416497 Cablecast on FCTV Channel 14 on Connexion Channel 14 and 881 on Xfinity Carrie Daggett Kelly DiMartino Anissa Hollingshead City Attorney City Manager City Clerk PROCLAMATIONS & PRESENTATIONS 5:00 PM A) PROCLAMATIONS AND PRESENTATIONS PP 1. Proclamation Declaring September 17, 2022 as Historic Homes Tour Day. PP 2. Proclamation Declaring October 21, 2022 as the Foodie Walk 10th Anniversary. REGULAR MEETING 6:00 PM B) CALL MEETING TO ORDER C) PLEDGE OF ALLEGIANCE D) ROLL CALL E) CITY MANAGER'S AGENDA REVIEW  City Manager Review of Agenda  Consent Calendar Review, including removal of items from Consent Calendar for individual discussion. F) COMMUNITY REPORTS G) PUBLIC COMMENT ON ANY TOPICS OR ITEMS OR COMMUNITY EVENTS (Including requests for removal of items from Consent Calendar for individual discussion.) Individuals may comment regarding any topics of concern, whether or not included on this 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. City of Fort Collins Page 2 of 6 • Those who wish to speak are required to sign up at the table in the lobby, or online if participating remotely. • 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 on the same agenda item. • All speakers are asked by the presiding officer to identify themselves by raising their hand (in person or using the Raise Hand option on Zoom), and if in person 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). Those participating online will be called to speak following those attending the meeting in person. • 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 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 , or contact the Development Review Center at 970.221.6760.] H) PUBLIC COMMENT FOLLOW-UP I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION 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 the their own Section, titled “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 August 16, 2022 Regular Meeting. The purpose of this item is to approve the minutes of the August 16, 2022 Regular meeting. 2. Second Reading of Ordinance No. 090, 2022, Authorizing the Conveyance of an Emergency Access Easement to Poudre Fire Authority on City-owned Real Property Located at 430 N. College Avenue. This Ordinance, unanimously adopted on First Reading on August 16, 2022, authorizes the conveyance of an Emergency Access Easement (EAE) to Poudre Fire Authority (PFA) on City- owned real property located at 430 N. College Avenue. The City leases this property, which is City of Fort Collins Page 3 of 6 the location of the Powerhouse Energy Campus, to the Colorado State University Research Foundation (CSURF). CSURF has submitted plans to the City to make improvem ents to the property to support a hydrogen fueling station and turbine generator. As a condition of approval, the City, as property owner, is required to convey an EAE to PFA to support fire truck and emergency equipment access, which is a common requirement for new development and improvements on certain properties. Conveyance of the EAE is the final action needed for the City’s Planning, Development, and Transportation Department to approve the project and issue construction permits as CSURF has met all other lease and development review requirements. 3. Second Reading of Ordinance No. 091, 2022, Authorizing the Execution of a First Amendment to Lease with New Cingular Wireless PCS, LLC of City-Owned Property at City Park Ballfields. This Ordinance, unanimously adopted on First Reading on August 16, 2022, authorizes the City Manager to execute an amendment extending the existing New Cingular cell site lease at the ball fields at City Park. The amendment would extend the end of the current lease terms from March 8, 2023, to October 20, 2023, and allow an additional 5-year term from October 21, 2023, to October 20, 2028. New Cingular has leased the site from the City since 2005. Annual rent received by the City will increase from $20,736 to $24,000 for the first year of the 5-year term with 3% increases every year afterwards. 4. Second Reading of Ordinance No. 092, 2022, Dissolving the Parking Advisory Board and Amending the Code of the City of Fort Collins by Repealing Section 2-110 Relating to the Parking Advisory Board. This Ordinance, unanimously adopted on First Reading on August 16, 2022, dissolves the Parking Advisory Board. 5. Second Reading of Ordinance No. 093, 2022, Making Supplemental Appropriations in the General Fund for the Environmental Services Air Quality Program from the US Environmental Protection Agency Grant. This Ordinance, unanimously adopted on First Reading on August 16, 2022, appropriates unanticipated grant revenue in the General Fund for the Environmental Services Air Quality Program. This grant directly supports Council Priority #17, Improved Air Quality, and includes $108,200 of grant funding provided by the U.S. Environmental Protection Agency (EPA) and associated with the American Rescue Plan Act (ARPA) to support local monitoring of National Ambient Air Quality Standard (NAAQS) pollutants in and near communities with environmental justice concerns who face disproportionate exposure to these pollutants and health risks and are also associated with increased vulnerability to COVID-19. The Ordinance has been revised to include a reference to the City Manager’s authority to approve/sign an intergovernmental agreement with the EPA for the funding. 6. Second Reading of Ordinance No. 094, 2022, Adopting a Graywater Ordinance, to Allow Voluntary Graywater System Installations. This Ordinance, unanimously adopted on First Reading on August 16, 2022, adopts an ordinance to allow graywater systems to be installed in the City. The proposed graywater ordinance would enact a voluntary program for graywater use for toilet flushing in Fort Collins Utilities’ water and wastewater service areas, as well as the service areas of consenting water and wastewater districts in the Growth Management Area (GMA). The proposed graywater ordinance would be consistent with State regulatory requirements and local water right limitations. City of Fort Collins Page 4 of 6 7. First Reading of Ordinance No. 095, 2022, Appropriating Philanthropic Revenue Received by City Give for the 2022 Parks Independence Day Celebration and the 2022 Community Development and Neighborhood Services Urban Design Awards. The purpose of this item is to appropriate philanthropic revenue designated for the 2022 Independence Day Celebration and for the 2022 Community Development and Neighborhood Services Urban Design Awards. 8. First Reading of Ordinance No. 096, 2022, Conditionally Vacating a Portion of Coleman Street Right-of-Way. The purpose of this item is to approve the conditional vacation of a portion of Coleman Street right-of-way that is no longer desirable or necessary to retain for street purposes. The right-of- way area, once vacated, will be retained in its entirety as a public utility and public access easement to the City. The right-of-way vacation will be conditional upon the demolition of the existing street stub of Coleman Street and the reconstruction of the vacated area as a landscape and pedestrian area. These conditions are outlined in detail in the Ordinance. 9. Resolution 2022-095 Making Findings of Fact Regarding the Appeal of the Administrative Hearing Officer’s Decision Approving the Sanctuary on the Green Project Development Plan #PDP210018. The purpose of this item is to make findings of fact regarding the appeal of the Administrative Hearing Officer’s Decision to approve the Sanctuary on the Green Project Development Plan. The appeal was heard by Council on August 16, 2022. 10. Resolution 2022-096 Supporting an Application for a Great Outdoors Colorado Land Acquisition Grant for the Buckeye Conservation and Front Range Gateway Project. In partnership with Larimer County, the Buckeye Ranch Conservation Project would conserve over 1,000 acres north of Fort Collins. The County and City have been invited by Great Outdoors Colorado to submit a full grant application to support this project in their upcoming Land Acquisition program cycle. 11. Resolution 2022-097 Setting the Dates of the Public Hearings on the 2023-24 Proposed City of Fort Collins Budget. The purpose of this item is to set two public hearing dates for the proposed 2023-24 budget that the City Manager has filed with the City Clerk pursuant to Section 2 of City Charter Article V. Section 3 of City Charter Article V requires Council to set a date for a public hearing on the proposed budget and to cause notice of the hearing to be published. This Resolution sets two public hearing dates for Council’s regular meeting on September 20, 2022, and its regular meeting on October 4, 2022. The Resolution also directs the City Clerk to publish the notice of these two hearings, which notice is attached as Exhibit “A” to the Resolution. 12. Resolution 2022-098 Making Appointments to the Transportation Board. The purpose of this item is to fill vacancies on the Transportation Board. END OF CONSENT CALENDAR J) ADOPTION OF CONSENT CALENDAR City of Fort Collins Page 5 of 6 K) CONSENT CALENDAR FOLLOW-UP (This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar.) L) STAFF REPORTS - None M) COUNCILMEMBER REPORTS N) CONSIDERATION OF ITEMS REMOVED FROM THE CONSENT CALENDAR FOR INDIVIDUAL DISCUSSION O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION – None P) OTHER BUSINESS OB 1. 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.) OB 2. Consideration of a motion to go into Executive Session: “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: 1. specific legal questions related to the Surat lawsuit; and 2. the manner in which the particular policies, practices or regulations of the City related to programs for advertising on City transit and other facilities may be affected by existing or proposed provisions of federal, state or local law.” City of Fort Collins Page 6 of 6 Q) 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 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. 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.