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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 01/16/2024 - REGULAR MEETING Fort Collins City Council Agenda Regular Meeting 6:00 p.m., Tuesday, January 16, 2024 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 8 City Council Summary Agenda City Council Regular Meeting Agenda January 16, 2024 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 Melanie Potyondy, 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 January 28 through February 3, 2024 as National Catholic Schools Week. PP 2. Declaring January 2024 as National Skating Month. 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 8 • 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. Consideration and Approval of the Minutes of the December 19, 2023 Regular Meeting and the January 9, 2024 Special Meeting. The purpose of this item is to approve the minutes of the December 19, 2023 regular meeting and the January 9, 2024 special meeting. City of Fort Collins Page 3 of 8 2. First Reading of Ordinance No. 001, 2024, Appropriating Prior Year Reserves in the Transportation Capital Expansion Fee Fund for Eligible Reimbursement to the Waterfield Fourth Filing Developer for Construction of Suniga Road, Vine Drive, and Merganser Street Improvements as Part of Waterfield Fourth Filing Phases 1 through 4; and for the Dedication of Suniga Road Right-of-Way. The purpose of this item is to appropriate $1,413,645 of Transportation Capital Expansion Fee (TCEF) Funds for expenditure from the Transportation Capital Expansion Fee Program Budget to reimburse the Waterfield Fourth Filing developer, DFC Waterfield, LLC (Developer), for its oversizing construction of Suniga Road, Vine Drive, and Merganser Drive. As part of Phases 1 through 4 of the Waterfield Fourth Filing, the Developer has constructed Suniga Road as a four- lane arterial, Vine Drive as a collector, and Merganser Drive to City standards as part of its development requirements. Per Section 24-112 of the City Code, the Developer is eligible for reimbursement from TCEF funds for the oversized, non-local portion of Suniga Road, Vine Drive, and Merganser Drive not attributed to the local portion obligation. Additionally, the Developer has dedicated Suniga Road right-of-way as a four-lane arterial from its western boundary to Timberline Road and is also eligible for reimbursement from TCEF funds for the oversized, non- local portion of Suniga Road right-of-way. 3. First Reading of Ordinance No. 002, 2024, Appropriating Funds for Change Management Resources to Support Legislative Management Software Implementation Funds. The purpose of this item is to appropriate $375,000 of general fund reserves to contract with Prosci, Inc., to provide change management support for the Legislative Management Software project throughout its implementation in 2024. Council Finance Committee recommended this move forward to Council at their December 19 meeting. 4. First Reading of Ordinance No. 003, 2024, Authorizing Transfers and Reappropriation of Funds Previously Appropriated for the Utilities’ Grid Flexibility Programs. The purpose of this item is to receive approval for the funding of grid flexibility programs through the appropriation of prior year reserves and reappropriation of previously approved Light and Power funds. The ordinance does not appropriate any new funding, but rather optimizes previously appropriated funds to accelerate progress toward Our Climate Future (OCF) goals. 5. First Reading of Ordinance No. 004, 2024, Authorizing Transfers of Appropriations and Appropriating Related Funds for the Environmental Services Radon Program. The purpose of this item is to support the City’s Environmental Services Radon program by: ● Appropriating $9,000 of unanticipated grant revenue awarded by the Colorado Department of Public Health and Environment (CDPHE) and ● Utilizing matching funds in the amount of $6,000 from existing 2024 appropriations for this grant project. In December 2023, CDPHE awarded the City $9,000 under the CDPHE Indoor Radon grant program. The City will provide an additional $6,000 in required matching funds. The award funds and City’s matching funds will support radon testing and mitigation programs to protect p ublic health for the Fort Collins community. City of Fort Collins Page 4 of 8 Pursuant to the State of Colorado Purchase Order Terms and Conditions, and in accordance with Section 1-22 of the City Code, the City Manager has accepted the grant agreement. The $9,000 are federal funds from the Environmental Protection Agency being passed through to the City by CDPHE. 6. First Reading of Ordinance No. 005, 2024, Authorizing Transfers of Appropriations and Appropriating Related Funds for the Timberline Recycling Center Infrastructure and Efficiency Improvements. The purpose of this item is to support Timberline Recycling Center (TRC) infrastructure and efficiency improvements by: ● Appropriating $294,853 of unanticipated revenue awarded by the Colorado Departments of Public Health and Environment’s Front Range Waste Diversion Enterprise (FRWD), and ● Transfer $28,393 matching funds from existing appropriations in the Capital Projects Business Unit for the project The grant funds and matching funds will support replacement of equipment that has exceeded its useful life, as well as incorporation of new infrastructure to provide a safe, accessible and functional recycling facility. Contribution to the Art in Public Places (APP) Program is not required due to grant restrictions. 7. First Reading of Ordinance No. 006, 2024, Authorizing Transfers and Appropriating Related Funds for the Oak Street Stormwater Improvements Project. The purpose of this item is to request an appropriation to fund the construction of the Oak Street Stormwater Improvements Project. It will fund the construction contract with the general contractor; contracts for resident engineering and construction management services, permitting and internal project support and management; construction contingency (~4%) and funding for the Art in Public Places (APP) program. The construction contingency included herein is less than the typical amount that would normally be associated with this size of contract (10-15% is typical). If additional contingency funds are needed in the future, those funds would be requested to be appropriated from the Stormwater Reserve Fund. The total amount being requested for appropriation is $39,962,815: ● Construction Contract $36,645,015 ● Construction Support (Resident Engineer, Construction Manager, Permitting and Internal Support) $1,720,000 ● Construction Contingency $1,550,000 ● APP Program $47,800 The Stormwater Utility Enterprise Board adopted Ordinance No. 011, 2023 (First Reading on September 19, 2023, and Second Reading on October 3, 2023) authorizing 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 in the amount of $40.4M were deposited into the Stormwater Fund reserves on October 31, 2023. City of Fort Collins Page 5 of 8 8. First Reading of Ordinance No. 007, 2024, Amending Article II of Chapter 5 of the Code of the City of Fort Collins to Exempt Plumbing Fixtures from Permits and Inspections. The purpose of this item is to request a Code amendment to exempt plumbing fixture replacements, such as sinks, faucets, drains, showers, tubs, and toilets from the permit requirements under Chapter 5 of the City Code, for the following reasons: Colorado State does not require permits for this type of work, very few fixture replacements are currently done with a permit, there are no concerns with life or saf ety, and requiring permits creates additional barriers and cost impacts to improving indoor water efficiency. 9. First Reading of Ordinance No. 008, 2024, 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 for the New Airport Terminal Facility. The purpose of this item is to authorize a permanent non-exclusive utility easement over a portion of the Northern Colorado Regional Airport property owned jointly by the City of Fort Collins and the City of Loveland to allow for the installation and maintenance of electrical infrastructure for the new Airport terminal facility. 10. Resolution 2024-001 Supporting a Grant Application for Co-responder/Community Based Alternative Response Support Funding for Fort Collins Police Services. The purpose of this item is to obtain support and approval for the City to apply in partnership with UC Health for grant funds in support of Fort Collins’ Police Services Mental Health Response Team. 11. Resolution 2024-002 Authorizing the Mayor to Execute an Intergovernmental Agreement with Larimer County to Continue Support for the Larimer County Conservation Corps Energy and Water Program. The purpose of this item is to seek approval of an intergovernmental agreement (IGA) between the City and Larimer County for funding of the Larimer County Conservation Corp (LCCC) Water and Energy Program (“Program”). The agreement would allow for four annual renewals for a total potential term of five years, subject to annual appropriations. The City of Fort Collins Utilities (FCU) has partnered with Larimer County to fund the LCCC since 2010 with tremendous success. LCCC crews have supported local resource conservation by providing home efficiency assessments to customers of FCU and Loveland Water and Power. These free home efficiency assessments include an on-site assessment, customer education, and direct installation of energy and water saving equipment such as LED lightbulbs, showerheads, and high-efficiency toilets. From 2010 to 2023, LCCC crews assessed over 4,000 homes served by FCU and provided resources and services that enabled these customers to save on their utility bills. Due to its success, the Program is now part of the City’s Utilities Affordability Portfolio which provides a mechanism for low to moderate income customers to control their energy use and costs. City of Fort Collins Page 6 of 8 12. Resolution 2024-003 Authorizing the City Manager to Enter into an Agreement with Various Entities Regarding the Upper Poudre Watershed Source Water Protection Plan (Phase 1 – Plan Development). The purpose of this item is to request approval for the City, through Fort Collins Utilities (“Utilities”), to enter into an agreement for cost-sharing the development of a regional Source Water Protection Plan (“SWPP”) with the City of Greeley, Soldier Canyon Water Treatment Authority, Northern Colorado Water Conservancy District (“Northern Water”), and the City of Thornton. Utilities’ Cache la Poudre River (“Poudre River”) and Horsetooth Reservoir source watersheds provide high quality raw water for water treatment. Protecting these source water supplies from pollution is key to providing our community with reliable, safe, and high -quality drinking water. There are significant challenges associated with monitoring and protecting water quality in these source watersheds. Utilities’ 2016 SWPP has guided Utilities’ source water protection activities to date but needs to be updated. The Cities of Fort Collins (through Utilities), Greeley, and Thornton as well as Soldier Canyon Water Treatment Authority and Northern Water use water from the Poudre River and Horsetooth Reservoir. Staff from Utilities’ Watershed Program and these entities are seeking to develop a collaborative SWPP to improve communication, alignment, promote cost-sharing and implementation of source water protection projects. The proposed Agreement Regarding the Upper Poudre Watershed Source Water Protection Plan (Phase 1 – Plan Development) (“SWPP Agreement”) outlines terms and conditions of developing a collaborative SWPP. On December 7, 2023, the Water Commission formally recommended that Council authorize the City Manager to sign the SWPP Agreement. 13. Resolution 2024-004 Making Appointments to the Housing Catalyst Board. The purpose of this item is to fill vacancies on the Housing Catalyst Board that exist due to the expiration of certain members’ terms. 14. Resolution 2024-005 Making an Appointment to the Platte River Power Authority Board. The purpose of this item is to appoint a new City representative to the Platte River Power Authority Board to fill the vacancy created by Kendall Minor’s resignation from the Board. 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) City of Fort Collins Page 7 of 8 • 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. 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. 15. Second Reading of Ordinance No. 175, 2023, Repealing Ordinance No. 136, 2023, Repealing and Reenacting Section 29-1 of the Code of the City of Fort Collins to Adopt the Revised Land Use Code and Separately Codifying the 1997 Land Use Code as the “Pre- 2024 Transitional Land Use Regulations,” and Related Ordinance No. 137, 2023, and Ordinance No. 138, 2023. This Ordinance adopted on First Reading on December 19, 2023, by a vote of 3-2 (Ayes: Mayor Arndt, Mayor Pro Tem Francis, and Councilmember Canonico; Nays: Councilmembers Gutowsky and Ohlson; Absent: Councilmember Peel; and Remote (non-voting): Councilmember Pignataro), includes language repealing the associated Ordinance Nos. 137, 2023, and 138, 2023, that respectively made updates to City Code to align with the revised Land Use Code and renamed the Neighborhood Conservation zone districts to the Old Town zone district in alignment with the revised Land Use Code. 16. First Reading of Ordinance No. 009, 2024, Amending Section 2-596 of the Code of the City of Fort Collins and Setting the Salary of the City Manager. The purpose of this item is to amend City Code to establish the 2024 salary of the City Manager. Council met in executive session on December 19, 2023, to conduct the performance review of Kelly DiMartino, City Manager, and to consider the salary market analysis for this position. 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 The January 16, 2024 Work Session to Immediately Follow in the Council Information Center (CIC), new location. Work Session Meeting Link: https://fortcollins-co.municodemeetings.com/bc-citycouncil/page/city-council-work-session-24 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 City of Fort Collins Page 8 of 8 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.