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HomeMy WebLinkAboutACTION SUMMARY-05/21/2024-RegularCity of Fort Collins Page 1 of 8 City Council Summary Agenda City Council Regular Meeting Action Agenda May 21, 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 Heather Walls City Attorney City Manager Interim City Clerk The purpose of the action agenda is to provide a brief overview of the actions taken by the City Council to be available shortly after a Council meeting. Council Proceedings are the complete official record of the meeting and are prepared for approval by the Council generally at its next meeting. They are published following their approval as the minutes of the meeting. PROCLAMATIONS & PRESENTATIONS 5:00 PM A) PROCLAMATIONS AND PRESENTATIONS PP 1. Declaring May 19 through 25, 2024 as Emergency Medical Services Week. PP 2. Declaring May 19 through 25, 2024 as Flood Awareness Week. PP 3. Declaring June 2024 as Bike Month. Presented Proclamations. REGULAR MEETING 6:00 PM B) CALL MEETING TO ORDER C) PLEDGE OF ALLEGIANCE D) ROLL CALL 5-2. Absent: Councilmember Canonico Councilmember Pignataro City of Fort Collins Page 2 of 8 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 H) PUBLIC COMMENT FOLLOW-UP I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION CONSENT CALENDAR 1. Second Reading of Ordinance No. 058, 2024, Making Supplemental Appropriation of the 2050 Tax for Various Programs and Services Related to Parks, Recreation, Transit and Our Climate Future. This Ordinance, unanimously adopted on First Reading on May 7, 2024, appropriates the 2024 funding of the new 2050 Tax. In November 2023, Fort Collins voters approved this 0.5% Sales and Use Tax increase, which is dedicated to the areas of Parks, Recreation, Transit and Climate. This tax begins in 2024 and expires at the end of 2050. Pulled from consent for discussion. 2. Second Reading of Ordinance No. 059, 2024, Making a Supplemental Appropriation from the Local Planning Capacity Grant for the Affordable Housing and Planning Development Process Improvement Project and Approving a Related Grant Agreement. This Ordinance, unanimously adopted on First Reading on May 7, 2024, appropriates awarded funds from the Proposition 123 Local Planning Capacity (LPC) Grant, administered by the State Department of Local Affairs (DOLA). This $200,000 grant to the City will support a 12- to 18-month process improvement project intended to reduce development review timelines for affordable housing developments to meet Proposition 123’s 90-day “fast track” approval requirements. Action Taken: Adopted on Second Reading. 3. Second Reading of Ordinance No. 060, 2024, Appropriating Philanthropic Revenue Received Through City Give for Environmental Services Curbside Recycling. This Ordinance, unanimously adopted on First Reading on May 7, 2024, appropriates an award of approximately $664,000 to defray the cost of new recycling carts being purchased for the City’s Residential Contracted Trash and Recycling Program and to support recycling outreach and education for the community. Action Taken: Adopted on Second Reading. 4. Second Reading of Ordinance No. 061, 2024, Appropriating Prior Year Reserves and Unanticipated Philanthropic Revenue Received Through City Give for Various Programs and Services as Designated by the Donors. This Ordinance, unanimously adopted on First Reading on May 7, 2024, requests appropriation City of Fort Collins Page 3 of 8 of $58,235 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. Action Taken: Adopted on Second Reading. 5. Second Reading of Ordinance No. 062, 2024, Appropriating Philanthropic Revenue Received Through City Give for the Art in Public Places Program, Pianos About Town Project. This Ordinance, unanimously adopted on First Reading on May 7, 2024, considers an appropriation of $47,115 in philanthropic revenue received through City Give for the Art in Public Places program for the designated purpose of Pianos About Town, a collaborative effort among the City of Fort Collins Art in Public Places program, the Fort Collins Downtown Development Authority, and the donor, Bohemian Foundation. Action Taken: Adopted on Second Reading. 6. Second Reading of Ordinance No. 063, 2024, Making a Supplemental Appropriation from the Colorado Department of Local Affairs Gray and Black-Market Marijuana Enforcement Grant Program for the Fort Collins Police Services Marijuana Enforcement Program. This Ordinance, unanimously adopted on First Reading on May 7, 2024, supports Fort Collins Police Services’ Marijuana Enforcement Program in investigating gray and black-market marijuana cases by appropriating $39,641 of unanticipated grant revenue from the Colorado Department of Local Affairs (DOLA), Gray and Black-Market Marijuana Enforcement. Action Taken: Adopted on Second Reading. 7. Second Reading of Ordinance No. 064, 2024, Making Supplemental Appropriations of Prior Year Reserves and Grant Revenue from the Colorado Department of Transportation and Authorizing Transfers for the College Avenue-Trilby Road Intersection Improvements Project. This Ordinance, unanimously adopted on First Reading on May 7, 2024, enables the City to receive and expend Colorado Department of Transportation (CDOT) funds for the College Avenue-Trilby Road Intersection Improvements Project (Project). The funds will be used for construction of improvements at the intersection of South College Avenue and Trilby Road. If approved, this item will 1) appropriate $361,361 of Congestion Mitigation and Air Quality (CMAQ) Improvement Program grant funds for the Project; 2) appropriate $1,870,000 of Highway Improvement Program (HIP) grant funds; 3) appropriate $5,272,260 of Surface Transportation Block Grant (STBG) Program funds; 4) appropriate $2,000,000 of Funding Advancements for Surface Transportation and Economic Recovery (FASTER) Act grant funds; 5) use $14,800 from development contributions to construction as part of the local match; 6) appropriate as part of the local match contribution $1,300 from the Transportation Capital Expansion Fee (TCEF) Reserves; 7) appropriate $113 (0.7% of the local match amount) from TCEF Reserves to the Art in Public Places Program; and 8) appropriate $48 (0.3% of the local match amount) for maintenance of art from Transportation Fund Reserves to the Art in Public Places Program. Action Taken: Adopted on Second Reading. City of Fort Collins Page 4 of 8 8. Second Reading of Ordinance No. 065, 2024, Authorizing the Conveyance of a Permanent Non-Exclusive Sewer Easement on Property Jointly Owned by the City of Fort Collins and the City of Loveland at the Northern Colorado Regional Airport. This Ordinance, unanimously adopted on First Reading on May 7, 2024, authorizes a conveyance of an easement to the Sanitation District to allow for a sewer service line for the terminal. The easement is over a portion of the Northern Colorado Regional Airport property, which is owned jointly by the City of Fort Collins and the City of Loveland. Action Taken: Adopted on Second Reading. 9. First Reading of Ordinance No. 066, 2024, Making a Supplemental Appropriation and Appropriating Prior Year Reserves to Develop a Digital Accessibility Roadmap. The purpose of this item is to request an appropriation of $150,000 in General Funds in order to work with a consultant to develop a comprehensive and actionable Digital Accessibility Roadmap. The purpose of this roadmap is to provide a strategy for compliance with both Colorado and federal laws and regulations pertaining to digital accessibility requirements, including both the Americans with Disabilities Act and Colorado House Bill 21-1110. Action Taken: Adopted on First Reading. 10. First Reading of Ordinance No. 067, 2024, Making a Supplemental Appropriation from the Colorado Department of Transportation Colorado Highway Safety Office Click It or Ticket Grant for the Fort Collins Police Services Traffic Enforcement Unit. The purpose of this item is to appropriate $16,529 of unanticipated federal grant revenue from the Colorado Department of Transportation, Colorado Highway Safety Office (HSO), to support Fort Collins Police Services’ Traffic Enforcement Unit work toward traffic safety and reducing serious injuries and fatal crashes through the enforcement of traffic laws and specifically those related to driver and passenger restraint system use. Action Taken: Adopted on First Reading. 11. First Reading of Ordinance No. 068, 2024, Appropriating Prior Year Reserves in the Transportation Capital Expansion Fee Fund for Eligible Reimbursement to the Waters Edge Second Filing Developer for Construction of Turnberry Road, Brightwater Drive, and Morningstar Way Improvements. The purpose of this item is to appropriate $612,027 of Transportation Capital Expansion Fee (TCEF) Funds for expenditure from the Transportation Capital Expansion Fee Program Budget to reimburse the Waters Edge Second Filing developer, Waters Edge Development Inc. (Developer), for its oversizing construction of Turnberry Road, Brightwater Drive, and Morningstar Way. As part of the development plans and development agreement for Waters Edge Second Filing and permitted for construction under the Waters Edge Third Filing Development Construction Permit, the Developer has constructed to City standards Turnberry Road as a two - lane arterial, and Brightwater Drive and Morningstar Way as collectors 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 Turnberry Road, Brightwater Drive, and Morningstar Way not attributed to the local portion obligation. Action Taken: Adopted on First Reading. City of Fort Collins Page 5 of 8 12. First Reading of Ordinance No. 069, 2024, Making a Supplemental Appropriation from the Colorado Department of Early Childhood in Support of Licensed City Childcare Programs. The purpose of this item is to support licensed City childcare programs by appropriating $21,069 of unanticipated grant revenue awarded by the Colorado Department of Early Childhood (CDEC). Through the CDEC’s Childcare Stabilization Grants program the City was awarded $21,069 in federal pass-through funds to provide enhancements in licensed City Childcare programs. Action Taken: Adopted on First Reading. 13. First Reading of Ordinance No. 070, 2024, Correcting Ordinance No. 003, 2024, Authorizing Transfers and Reappropriating Funds Previously Approved for the Utilities’ Grid Flexibility Programs. The purpose of this item is to appropriate $200,000 of prior year reserves in the Light and Power Fund to support Ordinance No. 003, 2024, which authorized transfers and reappropriation of funds previously appropriated for the Utilities’ Grid Flexibility Programs. The ordinance, as adopted, omitted the need for $200,000 of prior year reserves to fully fund the requested appropriation, since those funds had technically lapsed at the end of fiscal year 2023. Action Taken: Adopted on First Reading. 14. First Reading of Ordinance No. 071, 2024, Approving the First Amendment to the Hangar Ground Lease Agreement with IC Loveland, LLC, for the Aero FNL Hangar Development at the Northern Colorado Regional Airport. The purpose of this item is to request City Council approval of an amendment to an existing hangar ground lease between the City of Fort Collins, the City of Loveland, and IC Loveland, LLC, to allow for subleasing and fractional ownership of multi-unit aircraft hangar buildings. Action Taken: Adopted on First Reading. 15. Items Relating to the I-25 & Mulberry Annexation. A. Resolution 2024-069 Setting Forth Findings of Fact and Determinations Regarding the I -25 & Mulberry Annexation. B. Public Hearing and First Reading of Ordinance No. 072, 2024, Annexing the Property Known as the I-25 & Mulberry Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex a 46.92-acre property located at the NE Corner of the I-25 and East Mulberry interchange. A specific project development plan proposal is not included with the annexation application. The Initiating Resolution was adopted on April 16, 2024. A related item to zone the annexed property is presented as the next item on this Agenda. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins City Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreement regarding Growth Management. Resolution 2024-069 Adopted. Ordinance No. 072, 2024, Adopted on First Reading. City of Fort Collins Page 6 of 8 16. Public Hearing and First Reading of Ordinance No. 073, 2024, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the I-25 & Mulberry Annexation to the City of Fort Collins, Colorado, and Approving Corresponding Changes to the Residential Neighborhood Sign District Map and Lighting Context Area Map. The purpose of this item is to zone the property included in the I-25 & Mulberry Annexation into the Industrial (I), and General Commercial (CG) zone districts and place the property into the LC2 Lighting Context Area and Non-residential Sign District. This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2015-091. Action Taken: Hearing held, adopted on First Reading. 17. Resolution 2024-070 Authorizing the Execution of an Amendment to the Intergovernmental Agreement for Solid Waste Programming and Infrastructure Improvements. The purpose of this item is to make an amendment to the 2019 Intergovernmental Agreement for Solid Waste Programming and Infrastructure Improvements (the “IGA”) to place the existing agreement into abeyance until the parties agree on further amendments to address the changed circumstances and updated timelines. The new amended agreement will supersede the existing one. Pulled from consent for discussion. 18. Resolution 2024-071 Adopting Findings of Fact in Support of the City Council’s Decision on Appeal to Uphold the Planning and Zoning Commission Approval of the Mason Street Infrastructure Overall Development Plan ODP230001. The purpose of this item is to make findings of fact and conclusions regarding Council’s decision at the May 7, 2024, Mason Street Infrastructure Overall Development Plan appeal hearing that the Planning and Zoning Commission held a fair hearing and dismissing the failure to properly interpret and apply allegations and thereby upholding the Planning and Zoning Commissions’ approval of the Mason Street Infrastructure Overall Development Plan. Action Taken: Adopted. END OF CONSENT CALENDAR J) ADOPTION OF CONSENT CALENDAR Action Taken: Adopted Consent Calendar Items 1-18, Minus 1 and 17, 5-0. 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 City of Fort Collins Page 7 of 8 1. Second Reading of Ordinance No. 058, 2024, Making Supplemental Appropriation of the 2050 Tax for Various Programs and Services Related to Parks, Recreation, Transit and Our Climate Future. This Ordinance, unanimously adopted on First Reading on May 7, 2024, appropriates the 2024 funding of the new 2050 Tax. In November 2023, Fort Collins voters approved this 0.5% Sales and Use Tax increase, which is dedicated to the areas of Parks, Recreation, Transit and Climate. This tax begins in 2024 and expires at the end of 2050. Adopted on Second Reading. 4-1 Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmember Potyondy, Councilmember Gutowsky Nays: Councilmember Ohlson 17. Resolution 2024-070 Authorizing the Execution of an Amendment to the Intergovernmental Agreement for Solid Waste Programming and Infrastructure Improvements. The purpose of this item is to make an amendment to the 2019 Intergovernmental Agreement for Solid Waste Programming and Infrastructure Improvements (the “IGA”) to place the existing agreement into abeyance until the parties agree on further amendments to address the changed circumstances and updated timelines. The new amended agreement will supersede the existing one. Adopted 4-1 Ayes: Mayor Arndt, Mayor Pro Tem Francis, Councilmember Potyondy, Councilmember Gutowsky Nays: Councilmember Ohlson Absent: Councilmembers Canonico, Pignataro 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. OB 2. Consideration of a motion to adjourn this meeting until after the completion of the Electric Utility Enterprise Board business: "I move that Council adjourn this meeting until after the completion of the Electric Utility Enterprise Board business." Council Adjourned into Electric Utility Enterprise Board Meeting at 7:30 pm. Council Reconvened to Consider the last item of Other Business at 7:32 p.m. OB 3. Consideration of a motion to go into Executive Session for Mid-Year Reviews of Chief Judge, City Manager, and City Attorney: Chief Judge 60 minutes City Manager 60 minutes City of Fort Collins Page 8 of 8 City Attorney 60 minutes Note: Times are approximate with breaks, as necessary. “I move that the City Council go into executive session, as permitted under Article Two, Section Eleven of the City Charter, Section 2-31(a)(1) of the City Code and Colorado Revised Statutes Section 24-6-402(4)(f)(roman numeral one), for the purpose of conducting mid-year performance reviews of the Chief Judge, City Attorney and City Manager.” Council recessed at 7:32 and then entered into executive session at 7:45 pm. Q) ADJOURNMENT Meeting adjourned at 9:24 p.m.