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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 12/05/2023 Fort Collins City Council Agenda Regular Meeting 6:00 p.m., Tuesday, December 5, 2023 City Council Chambers at City Hall, 300 Laporte Avenue, 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 available through the Zoom platform, electronically or by phone. 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 advance notice. Requests for interpretation at a meeting should be made by noon the day before. 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 aviso previo. Las solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día anterior. Meeting agendas, minutes, an Meeting agendas, minutes, and archived videos are available on the City's meeting portal at https://fortcollins-co.municodemeetings.com/ There are in person and remote options for members of the public who would like to participate in Council meetings: Comment in real time: During the public comment portion of the meeting and discussion items: In person attendees can address the Council in the Chambers. The public can join the Zoom webinar and comment from the remote meeting, joining online or via phone. All speakers are required to sign up to speak using the online sign up system available at www.fcgov.com/agendas . Staff is also available outside of Chambers prior to meetings to assist with the sign up process for in person attendees. 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 this call in number and meeting ID: Call in number: 720 928 9299 Meeting ID: 982 4141 6497 During public participation opportunities in the meeting, press *9 to indicate a desire to speak. Submit written comments: Email comments about any item on the agenda to cityleaders@fcgov.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 Documents to Share during public participation: 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 11 City Council Summary Agenda City Council Regular Meeting Agenda December 5, 2023 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. Declaring December 10, 2023 as Human Rights Day. 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 - None 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. •Those who wish to speak are required to sign up using the online sign-up system available at www.fcgov.com/council-meeting-participation-signup/ City of Fort Collins Page 2 of 11 • 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 will be called to speak by the presiding officer from the list of those signed up. After everyone signed up is called on, the presiding officer may ask others wishing to speak 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). • 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 has ended. [**For questions about the development review process or the status of any particular development, consult the City's Development Review Center page at https://www.fcgov.com/developmentreview , 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 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. Second Reading of Ordinance No. 150, 2023, Making a Supplemental Appropriation for the Oak Street Stormwater Improvements Project. This Ordinance, unanimously adopted on First Reading on November 21, 2023, appropriates the expenses related to the recent bond issuance for the Oak Street Stormwater Improvements Project. The Stormwater Utility Enterprise Board unanimously adopted Ordinance No. 011 on October 3, 2023, authorizing a bond issuance in the Stormwater Fund for the construction of the Oak Street Stormwater Improvements project. Following the sale and closing of the bonds’ gross proceeds, the amount of $40.4M have been paid into the Stormwater Fund on October 31, 2023. City of Fort Collins Page 3 of 11 This first appropriation request is being brought for your consideration to cover expenses for the recent bond issuance, including closing costs and underwriter’s fees associated with closing of the bond. Payment for expenses will be made by the end of 2023. The total amount being requested for appropriation is: $375,931. A second appropriation request will be brought forth once the construction contractor selection process is complete and the construction contract value has been finalized. The anticipated schedule is late December 2023 or January 2024. 2. Second Reading of Ordinance No. 151, 2023, Appropriating Prior Year Reserves in the General Fund and Transportation Services Fund for Snow Removal. This Ordinance, unanimously adopted on First Reading on November 21, 2023, appropriates prior year reserves to cover snow removal costs that have exceeded the 2023 budget. Overspend in the snow budget is driven by severe snowstorms that present cold temperatures, ice, and higher volumes of snow. 3. Second Reading of Ordinance No. 152, 2023, Appropriating Philanthropic Revenue Received by City Give for the 9/11 Memorial, Park Planning and Design for the Construction of the 9/11 Memorial at Spring Park. This Ordinance, unanimously adopted on First Reading on November 21, 2023, appropriates $24,870.70 for the designated purpose toward the park planning and design for the construction of the 9/11 Memorial at Spring Park, 2100 Mathews Street, Fort Collins, Colorado. A partnership between the City of Fort Collins and Poudre Fire Authority (PFA), the 9/11 Memorial will be located in midtown Fort Collins, and will honor firefighters, emergency medical technicians, law enforcement officers, and nearly 3,000 others who lost their lives on September 11, 2001. 4. Second Reading of Ordinance No. 153, 2023, Appropriating Philanthropic Revenue by City Give for Fort Collins Police Services for the 2024 Police Leaders’ Summit. This Ordinance, unanimously adopted on First Reading on November 21, 2023, appropriates $5,850 in philanthropic revenue received by City Give for Fort Collins Police Services for the 2024 Police Leaders’ Summit as designated by the donor. In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent, non-partisan governance structure for the acceptance and appropriations of charitable gifts. 5. Second Reading of Ordinance No. 154, 2023, Making Supplemental Appropriations of Unanticipated Grant Revenue and Authorizing Transfers for Transfort and Ebus Charging Equipment. This Ordinance, unanimously adopted on First Reading on November 21, 2023, appropriates unanticipated grant funding for Transfort operational and capital needs. 6. Second Reading of Ordinance No. 155, 2023, Appropriating Unanticipated Revenue and Authorizing Transfers for Replacement of Bicycle Racks in Downtown Fort Collins. This Ordinance, unanimously adopted on First Reading on November 21, 2023, appropriates funds to support replacement of aged and corroded bike racks with new bike racks that provide improved accessibility along downtown sidewalks by: City of Fort Collins Page 4 of 11 ● Appropriating $15,050 of unanticipated grant revenue awarded by Colorado Department of Transportation (CDOT); and ● Utilizing matching funds in the amount of $1,672 from existing 2023 appropriations for this new grant project. Pursuant to the State of Colorado Small Dollar Grant Terms and Conditions, and in accordance with Section 1-22 of the City Code, the City Manager has accepted this grant agreement. 7. Second Reading of Ordinance No. 156, 2023, Making a Supplemental Appropriation from the Colorado Division of Criminal Justice of Unanticipated Grant Revenue for Various Restorative Justice Services Programs. This Ordinance, unanimously adopted on First Reading on November 21, 2023, appropriates grant revenue to fund Restorative Justice Services within Community Development and Neighborhood Services. Additional grant funds in the amount of $12,000 have been awarded from the Colorado Division of Criminal Justice (DCJ) Juvenile Diversion fund for the continued operation of Restorative Justice Services, which includes the RESTORE program for shoplifting offenses, and the Restorative Justice Conferencing Program (RJCP) and Reflect Program for all other offenses. The $12,000 in grant funds are in addition to a grant awarded to Restorative Justice Services earlier this year from DCJ in the amount of $57,356, bringing the total amount of the awarded grant to $69,356. No match is required and the grant period is July 1, 2023, to June 30, 2024. 8. Second Reading of Ordinance No. 158, 2023, Amending the City’s Master Street Plan. This Ordinance, unanimously adopted on First Reading on November 21, 2023, requests approval of proposed amendments to the Master Street Plan for the purposes of implementing recommendations from the North College MAX Plan, regular clean-up items, and a request from Montava. 9. Second Reading of Ordinance No. 159, 2023, Authorizing the Purchasing Agent to Enter into a Contract for Services, Professional Services and/or Construction in Excess of Five Years for the Golf Professional and the Food and Beverage Concessionaire at City Park Nine Golf Course. This Ordinance, unanimously adopted on First Reading on November 21, 2023, authorizes the Purchasing Agent, pursuant to City Code Section 8-186(a), to enter into a contract greater than five years in length for the Golf Professional/Concessionaire at City Park Nine Golf Course. This contract was originally awarded by competitive purchasing processes in accordance with City Code Section 8-158, Competitive sealed proposals. The contract for the Golf Professional/Concessionaire includes a provision for the City to extend the contract for up to an additional five years, subject to Council approval. Extending the contract for the Golf Professional/Concessionaire at City Park Nine Golf Course is in the City’s best interest. 10. Second Reading of Ordinance No. 160, 2023, Approving the Vacation of a Drainage Easement Located on Tract A of the Old Town North, Fifth Filing Subdivision. This Ordinance, unanimously adopted on First Reading on November 21, 2023, vacates a 0.808 acre drainage easement (the “Easement”) that was dedicated on Tract A of the Plat of the Old Town North Fifth Filing (the “Subdivision”) for the benefit of the City because the Easement is no longer required by the City’s Stormwater Utilities Department. City of Fort Collins Page 5 of 11 11. Second Reading of Ordinance No. 161, 2023, Authorizing the Conveyance of Three Permanent Easements and a License to Enter to Colorado State University for Installation of Fiber Optic Cables on City Property. This Ordinance, unanimously adopted on First Reading on November 21, 2023, permits the conveyance of three (3) permanent easements (the “Easements”) and one (1) license to enter (the “License”) to Colorado State University (“CSU”) for the installation and operation of fiber optic cables on City property to connect the Powerhouse Energy Campus (the “Powerhouse Campus”) located at 430 North College Avenue to the CSU main campus and allow for future CSU fiber optic connectivity to the Powerhouse 2 facilities. 12. Second Reading of Ordinance No. 162, 2023, Adopting the East Mulberry Plan as an Update of the 2002 East Mulberry Corridor Plan. This Ordinance, unanimously adopted on First Reading on November 21, 2023, adopts the draft East Mulberry Plan and potential annexation considerations related to the plan. Staff will share a potential approach to annexation for Council to consider based on a concept referred to as “Thresholds.” Exhibit A to the Ordinance has been revised with edits made on First Reading. 13. First Reading of Ordinance No. 163, 2023, Appropriating Unanticipated Revenue in the Transportation Services Fund for “Work For Others” Program Expenses. The purpose of this item is to appropriate $700,000 in unanticipated revenue in the Transportation Services Fund received for work to be completed through the Planning, Development, and Transportation’s “Work for Others” program. This appropriation will be used for costs corresponding to the program and the generated revenue. 14. First Reading of Ordinance No. 164, 2023, Appropriating Prior Year Reserves for the Golf Enterprise. The purpose of this item is to consider an appropriation of $185,000 from golf reserves to the 2023 budget associated with the additional costs in golf related to higher revenues. 15. First Reading of Ordinance No. 165, 2023, Appropriating Prior Year Reserves and New Philanthropic Revenue Received through City Give for Various Programs and Services as Designated by the Donors. The purpose of this item is to request an appropriation of $11,968.53 in philanthropic revenue received through City Give. 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 donors’ designation. In 2019, City Give, a formalized enterprise-wide initiative was launched to create a transparent, non-partisan governance structure for the acceptance and appropriations of charitable gifts. 16. First Reading of Ordinance No. 166, 2023, Amending Chapters 18 and 26 of the Code of the City of Fort Collins Regarding Mobile Home Park Management and Livability. The purpose of this item is to present Municipal Code updates related to the livability issues identified by residents, property managers, and owners of manufactured housing communities/mobile home parks in our community. This item also addresses analysis of unmet needs in the State of Colorado Mobile Home Park Oversight Program. City of Fort Collins Page 6 of 11 Staff’s recommendation includes the following Code changes: ● Expansion of authorization to conduct inspections in mobile home parks to include not only the Building Official, but also Specially Commissioned Officers under the Chief of Police. ● Establishment of protection for use and installation of clotheslines by residents in mobile home parks in Section 18-6(g). ● Establishment of protection for use and installation of window-mounted air conditioning units or evaporative coolers on homes within mobile home parks in Section 18-6(h). ● Establishment of new water utility billing/rebilling transparency requirements for Fort Collins Utility mobile home park water customers including: ○ Require as a condition of mobile home park service from the City’s water utility that a mobile home park customer directly provide a designated Specially Commissioned Officer, or authorize such Officer to obtain, a copy of any notice, correspondence, invoice, and water leak notice from the water utility within seven days of receipt in Section 18-7(c). ○ Require as a condition of mobile home park service from the City’s water utility that a mobile home park customer participates in the continuous consumption water usage/leak notification system through Fort Collins Utilities in Section 18-7(c). ○ Authorize the City’s water utility in serving a mobile home park to provide the designated Specially Commissioned Officer a copy of any notice, correspondence, invoice, and water leak notice sent to the mobile home park in Section 18-7(c). Add a cross-reference to these changes to Section 26-97 (water utility lines; general regulations). ○ Acknowledge, as a condition of service, the designated Specially Commissioned Officer may exercise the power to audit and collaborate with the City’s water utility to verify and maintain accuracy of water rebilling by the mobile home park. 17. First Reading of Ordinance No. 167, 2023, Amending Chapters 3 and 17 of the Code of the City of Fort Collins to Update and Align City Code Regarding Alcohol Beverages with State Law Changes and Adding Municipal Code Violations for Certain Alcohol-Related Offenses. The purpose of this item is to request approval of the proposed amendments to Chapter 3 (Alcohol Beverages) and Chapter 17 (Miscellaneous Offenses). 18. First Reading of Ordinance No. 168, 2023, Amending Article III of Chapter 25 of the Code of City of Fort Collins for the Voter Approved One-Half Cent Sales Tax Rate Increase Effective January 1, 2024. The purpose of this item is to amend Section 25-75 of City Code to reflect the 0.50% sales and use tax approved by the voters at the City’s November 7, 2023, election. The City of Fort Collins tax rate will increase from 3.85% to 4.35% beginning January 1, 2024. The use of the revenue is specifically identified in the ballot measure and, in general, may be used for parks and recreation facilities, environmental sustainability, and for public transit system improvements. The tax will not apply to: (1) items exempt from sales and use tax under the City Code; (2) food for home consumption; and (3) for the use tax only, manufacturing equipment. The Ordinance would also amend Section 25-75 to remove reference to a 0.85% sales and use tax that expired at midnight on December 31, 2020. City staff is recommending this change as a clean-up item to remove extraneous provisions from the City Code City of Fort Collins Page 7 of 11 19. First Reading of Ordinance No. 169, 2023, Amending Chapter 2, Article III of the Code of the City of Fort Collins to Update Ex-Officio Member Provisions for Various Boards and Commissions. The purpose of this item is to consider an amendment to add an ex-officio seat for the Housing Catalyst to the Affordable Housing Board and to eliminate ex-officio members from the Art in Public Places Board and Water Commission. 20. First Reading of Ordinance No. 170, 2023, Authorizing the Conveyance of a Permanent Non-Exclusive Utility Easement on Property Jointly Owned by the City of Fort Collins and the City of Loveland at the Northern Colorado Regional Airport to the Fort Collins-Loveland Water District. The purpose of this item is to authorize a permanent non-exclusive utility easement over a portion of the Northern Colorado Regional Airport property to allow for the installation and maintenance of a regional waterline to serve the Fort Collins-Loveland Water District’s (the “District”) public water system. This project will directly benefit the Airport by providing water infrastructure to areas that currently lack it and service connection points, which have been strategically located to serve future Airport development. 21. First Reading of Ordinance No. 171, 2023, Vacating a Portion of Public Right-of-Way Dedicated by the Redwood Village PUD Phase II Plat. The purpose of this item is to approve the vacation of a portion of public right-of-way that has never been used for street purposes. Once this right-of-way area is vacated, the property will be privately developed as a multifamily housing project, and new public right-of-way will be dedicated to support the housing project and provide public street connections to the adjacent Northfield subdivision. 22. First Reading of Ordinance No. 172, 2023, Adopting the 2024 Classified Employee Pay Plan. The purpose of this item is to recommend the 2024 City Classified Employee Pay Plan. Classified jobs are grouped according to job functions, a business practice commonly used by both the public and private sectors. Pay ranges are developed by career group (management, professional, administrative, operations and trades) and level for each job function. The result of this work is a City Classified Employee Pay Plan (Pay Plan) which sets the minimum, midpoint, and maximum pay ranges for the level within each career group and function. Actual employee pay increases are awarded through a separate administrative process in accordance with the budgeted amount approved by Council. 23. Resolution 2023-102 Adopting the 2023 Three-Mile Plan Update for the City of Fort Collins. The purpose of this item is to adopt the annual update of the Three-Mile Plan for the City of Fort Collins. The Three-Mile Plan is a reference document of plans and policies coordinating the general location, character, utilities, infrastructure, and land uses for areas of potential annexation within three miles of the municipal boundary. An annual update of the Three-Mile Plan is required by Colorado Revised Statutes and highlights applicable plans and policies adopted or amended by Council over the preceding year. City of Fort Collins Page 8 of 11 24. Resolution 2023-103 Authorizing the Execution of an Intergovernmental Agreement Between the City of Fort Collins and the Colorado Department of Transportation for the FASTER Transit Program Grant for Fiscal Year 2023 to Fund Transfort’s FLEX Service. The purpose of this item is to receive and expend federal funds through the Colorado Department of Transportation (CDOT) for Transfort’s commuter FLEX service. This agreement will result in the receipt of $200,000 in grant funds through the Statewide Competitive Pool of the FASTER (Funding Advancement for Surface Transportation and Economic Recovery Act of 2009) Transit program for fiscal year (FY) 2023. Transfort will be required to match the $200,000 in grant funds with a $200,000 local match. Both the grant and local match were appropriated through the 2023 BFO (Budgeting for Outcomes) cycle and are accounted for in the approved 2023 Transfort budget. If approved, this agenda item will authorize the City Manager to execute an intergovernmental agreement for the FY 2023 FASTER funds from CDOT. 25. Resolution 2023-104 Authorizing the Mayor to Execute an Amendment to an Intergovernmental Agreement with Larimer County and the City of Loveland Regarding the Heaven’s Door Ranch Conservation Project. The purpose of this item is to seek authorization to amend an Intergovernmental Agreement (IGA) with Larimer County and the City of Loveland for the Heaven’s Door Ranch Conservation Project. The amendment will extend the timeframe to complete a conservation easement conveyance. 26. Resolution 2023-105 Authorizing the City Manager to Enter Into an Agreement Between the City of Fort Collins and Numerous Stakeholders Regarding Operation and Maintenance of Boxelder Creek Watershed Dams (B Dams B-2, B-3, and B-4). The purpose of this item is to authorize the City Manager to execute an intergovernmental agreement (IGA) between the City of Fort Collins and numerous stakeholders regarding the operation and maintenance of the Boxelder Creek Watershed Dams (B Dams B-2, B-3, and B-4). These flood control dams were built in the 1970s and 1980s to protect agricultural lands and rural properties from flooding and erosion damage. In 2014, the Colorado State Engineer’s Office (SEO) elevated their hazard classification for the dams from “moderate” to “high” due to the increased urban and suburban development and resulting flood risk to properties and citizens downstream of the facilities. Initial costs to design and construct improvements to the B Dams were in the range of $70 million to meet dam safety requirements. Municipal stakeholders joined together to pursue a new approach that utilized a Risk and Consequence Analysis to demonstrate that the risk will be greatly mitigated if adequate warning of flooding could be provided for the dams in lieu of the costly improvements. The IGA allocates respective costs to fund the flood warning system as well as the operations and maintenance of the B Dams. The IGA also establishes a Management Committee to provide technical and other recommendations related to the agreement. Each party will designate one person to represent and act on the party’s behalf. When possible, appointees should have applicable technical knowledge and skills. 27. Resolution 2023-106 Authorizing an Intergovernmental Agreement with the Downtown Development Authority for Designated Financial Support of the Carnegie Center for Creativity. The purpose of this item is to seek approval of an intergovernmental agreement (IGA) between the City and the Downtown Development Authority for the financial support of renovation of the Carnegie Center for Creativity. City of Fort Collins Page 9 of 11 28. Resolution 2023-107 Supporting a Grant Application for Gray and Black Market Marijuana Enforcement Funding for Fort Collins Police Services. The purpose of this item is to obtain support for the City to apply for grant money to support enforcement of gray and black market marijuana activity for Fort Collins Police Services. 29. Items Relating to Gratitude and Appreciation to the Members of the Golf Board and Bicycle Advisory Committee. A. Resolution 2023-108 Expressing Gratitude and Appreciation to the Members of the Golf Board for their Service and Contributions to the Community. B. Resolution 2023-109 Expressing Gratitude and Appreciation to the Members of the Bicycle Advisory Committee for their Service and Contributions to the Community. The purpose of these items is to acknowledge the work that has been done by the Golf Board as well as the Bicycle Advisory Committee. The attached Resolutions acknowledge the contributions that the board and committee have made individually. 30. Resolution 2023-110 Approving an Exception to the Competitive Purchasing Process with SMART Mobility Office, Unit of Panasonic Corporation of North America for Equipment, Software, Consulting and Support Services for Execution of the USDOT SMART Grant. The purpose of this item is to approve the sole source award of a contract with Panasonic Corporation of North America (“Panasonic”) to complete the work set forth within the USDOT Strengthening Mobility and Revolutionizing Transportation (SMART) Grant Agreement. This exception to the competitive process will authorize the continuation of the relationship between Panasonic and the City through an agreement that will continue for a five (5) year term. This approval will be in line with federal procurement guidelines required by the grant. This election will enable a timely completion of the work plan set forth within the signed SMART Grant Agreement. END OF CONSENT CALENDAR J) ADOPTION OF CONSENT CALENDAR 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 The method of debate for discussion items is as follows: • Mayor introduced 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) City of Fort Collins Page 10 of 11 • 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. 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. 31. Second Reading of Ordinance No. 157, 2023, Making A Supplemental Appropriation, Appropriating Prior Year Reserves, Authorizing Transfers and Authorizing the City Manager to Enter into an Agreement for the Zero Carbon Performance Code Project. This Ordinance, adopted on First Reading by a vote of 6-1 (nay: Ohlson) on November 21, 2023, supports the appropriation of funds for the Zero Carbon Performance Code Project by: ● Appropriating $693,595 of unanticipated revenue awarded by the Department of Energy (DOE); ● Appropriating $152,127 from Light and Power Fund reserves; ● Transferring $7,600 matching funds from existing 2023 appropriations in the Light & Power Fund; and ● Appropriating $46,842 from General Fund reserves. In July 2023, the Department of Energy (DOE) awarded the City of Fort Collins (City) $693,595 under the Bipartisan Infrastructure Law, Resilient and Efficient Codes Implementation (RECI) funding. The award supports development of a Zero Carbon Performance Energy Code framework by 2030 to meet energy use and carbon emissions reduction targets and replace prescriptive energy code models. This framework will be developed as a Code path to include successive code update cycles focused on an end goal of zero carbon new construction in the 2030 code cycle. This project directly aligns with Our Climate Future’s Big Move 6 “Efficient, Emissions Free Buildings.” It also recognizes the importance of building energy codes as an effective strategy to improve health and safety, comfort, climate resilience and lower energy costs within community buildings. While the DOE did not provide the final grant agreement before first reading of this Ordinance, staff is seeking approval to begin spending resources toward the City’s anticipated match. The City’s $206,569 match will be met principally through Energy Services and Building Services staff personnel time. Upon presentation of its final grant agreement and DOE confirmation of its $693,595 award (anticipated to occur before or contemporaneous with second reading), the DOE grant will be applied to reimburse project partners and the City. DOE funds and the City’s match support total project costs of $900,164. Note: At the time of the December 5 agenda publication, the DOE was still processing the final grant agreement. City of Fort Collins Page 11 of 11 32. First Reading of Ordinance No. 173, 2023, Amending Section 2-606 of the Code of the City of Fort Collins and Setting the Salary of the Chief Judge. The purpose of this item is to amend City Code to establish the 2024 compensation of the Chief Judge. Council met in executive session on November 28, 2023, to conduct the performance review of Jill Hueser, Chief Judge and to consider the salary market analysis for this position. 33. First Reading of Ordinance No. 174, 2023, Amending Section 2-581 of the Code of the City of Fort Collins and Setting the Salary of the City Attorney. The purpose of this item is to amend City Code to establish the 2024 compensation of the City Attorney. Council met in executive session on November 28, 2023, to conduct the performance review of Carrie Daggett, City Attorney and to consider the salary market analysis for this position. 34. Resolution 2023-111 Adopting an Update to the Economic Health Strategic Plan for the City of Fort Collins. The purpose of this item is to consider adoption of the 2023 Economic Health Strategic Plan (EHSP) which includes the Circular Economy Work Plan. The EHSP does not take a one-size- fits-all approach to economic health but a people-centered, integrated economic, social, and environmental approach so Fort Collins is a healthy, equitable, and resilient community where people and businesses can thrive. 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.) 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 advance notice. Requests for interpretation at a meeting should be made by noon the day before. 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 aviso previo cuando sea posible. Las solicitudes de interpretación en una reunión deben realizarse antes del mediodía del día anterior.