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HomeMy WebLinkAboutCOUNCIL - SUMMARY AGENDA - 12/17/2024Fort Collins City Council Agenda Regular Meeting 6:00 p.m., Tuesday, December 17, 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 i n addition to the in person meeting in Council C hambers. 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 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 December 17, 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 Delynn Coldiron City Attorney City Manager City Clerk PROCLAMATIONS & PRESENTATIONS 5:00 PM A) PROCLAMATIONS AND PRESENTATIONS None scheduled. 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 3, 2024 Regular meeting. The purpose of this item is to approve the minutes of the December 3, 2024 Regular meeting. 2. Second Reading of Ordinance No. 175, 2024, Appropriating Philanthropic Revenue Received by City Give for the Lincoln Center’s Various Programs and Services as Designated by the Donors. This Ordinance, unanimously adopted on First Reading on December 3, 2024, appropriates $33,266.00 for the Lincoln Center in philanthropic revenue received by City Give. These charitable gifts are aligned with both the City’s strategic priorities and the respective donors’ designation. City of Fort Collins Page 3 of 8 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. 3. Second Reading of Ordinance No. 176, 2024, Making a Supplemental Appropriation of Additional Revenue and Appropriating Prior Year Reserves in the Self Insurance Fund for Unanticipated Insurance Expenses. This Ordinance, unanimously adopted on First Reading on December 3, 2024, appropriates $462,711 in the City’s Self Insurance Fund to be used for unanticipated increases in fourth quarter insurance premiums and various forecasted claim payments. 4. Second Reading of Ordinance No. 177, 2024, Making a Supplemental Appropriation of Additional Revenue Received in the Benefits Fund for the City’s Medical, Dental, and Life Insurance Plans. This Ordinance, unanimously adopted on First Reading on December 3, 2024, appropriates $1,137,041 from unanticipated revenue collected in the Benefits Fund to cover Medical/Dental claims and various Life Insurance premium expenses that could potentially exceed 2024 budgeted appropriations. The City’s Benefits Plan is a self-funded health plan in which premiums collected from both employees and employers are recorded as revenue in the Benefits Fund to pay for plan administration, medical/dental claims, and insurance premiums. As such, this is a self -funded appropriation request requiring no use of reserves. 5. Second Reading of Ordinance No. 178, 2024, Making a Supplemental Appropriation of Funds Received from the Edward Byrne Memorial Justice Assistance Grant Program for Fort Collins Police Services. This Ordinance, unanimously adopted on First Reading on December 3, 2024, supports Fort Collins Police Services in work performed as a member of the Northern Colorado Drug Task Force. The Northern Colorado Drug Task Force is managed by Larimer County Sheriff Department, with both Fort Collins Police Services and Loveland Police being members. These member agencies support a broad range of activities to prevent and control drug-related crimes. In 2022, Larimer County applied for and was awarded $53,616 through the Edward Byrne Memorial Justice Assistance Grant (JAG) program in support of operating the Northern Colorado Drug Task Force (Attachment 3). In 2024, the City of Fort Collins, City of Loveland and Larimer County entered an intergovernmental agreement (Attachment 2), demonstrating the allocation of the $53,616 awarded under JAG in support of the Northern Colorado Drug Task Force. Fort Collins Police Services received $16,313. to support personnel costs and other operating costs directly attributed to the Northern Colorado Drug Task Force. 6. Second Reading of Ordinance No. 179, 2024, Making Supplemental Appropriations of Prior Year Reserves and Unanticipated Revenue and Authorizing Transfers of Appropriations for the Licensing Permitting and Code Enforcement System. This Ordinance, unanimously adopted on First Reading on December 3, 2024, implements and modernizes a new licensing, permitting, and code enforcement system. The existing funding for this project was originally allocated as part of the 2023/2024 Budget Cycle's 'Digital Transformation' initiative. City of Fort Collins Page 4 of 8 After an almost two-year procurement process, the City has selected Tyler Technologies (Tyler) as the ‘Vendor of Choice’ (VOC) and is currently in contract negotiation. This appropriation request will provide the anticipated funding needed for software deployment, testing, training, temporary staffing backfill and organizational change management. The total amount being requested is approximately $4M. This includes: • Software as a Service 19-month Implementation • Software as a Service two-year Subscription Costs • City Staff Backfill for two-year Implementation • Third Party Professional Implementation Services • Change Management With this appropriation, the project implementation will begin during the first quarter of 2025 and is anticipated be fully operational by Fall of 2026. The new system is expected to modernize current business processes, improve efficiency, reduce errors, enhance customer experience, and save staff and customer time. 7. Items Relating to Amending Chapter 17 of City Code to Align with State Statutes. A. Second Reading of Ordinance No. 180, 2024, Amending Section 17-1 of the Code of the City of Fort Collins to Add Definitions of “Deadly Weapon” and “Firearm”. B. Second Reading of Ordinance No. 181, 2024, Amending Section 17-124(3) of the Code of the City of Fort Collins to Comport with State Law Regarding Disorderly Conduct. C. Second Reading of Ordinance No. 182, 2024, Amending Section 17-126(a)(4) of the Code of the City of Fort Collins to Remove the Phrase “Intended to Harass” and Amend “He or She” to “Them”. This Ordinance, unanimously adopted on First Reading on December 3, 2024, updates the City Code in order to align with State statute and recent case law. 8. Second Reading of Ordinance No. 183, 2024, Declaring a Portion of City-Owned Property at Schoolside Park as Public Right of Way. This Ordinance, unanimously adopted on First Reading on December 3, 2024, declares 0.141 acres (the “ROW Parcel”), more or less, being a portion of City property presently known as Schoolside Park as public right of way for South Timberline Road and related improvements, including public utilities, pedestrian, transit, and bicycle access and improvements, and landscaping. The ROW Parcel was part of the Timberline Road Widening Project, which was completed earlier this year. It is now necessary to file formal documentation declaring the ROW Parcel as a public right of way because the approval of Schoolside Park, which is currently in the final phase of the Building Development Review process, requires that this right-of-way be declared. 9. Second Reading of Ordinance No. 184, 2024, Authorizing the Conveyance of a Permanent Waterline Easement on Cathy Fromme Prairie Natural Area to the Fort Collins-Loveland Water District. This Ordinance, unanimously adopted on First Reading on December 3, 2024, seeks authorization to approve the conveyance of a permanent waterline easement to Fort Collins- City of Fort Collins Page 5 of 8 Loveland Water District (FCLWD) on 0.089 acres in the southwestern corner of Cathy Fromme Prairie Natural Area. FCLWD intends to construct a six million (6,000,000) gallon tank on Larimer County’s landfill property and a 30” feeder waterline to increase reliability and resilience of FCLWD’s existing facilities. The 30” waterline will run east from the new tank and connect in with an existing 36” waterline that runs north-south along Cathy Fromme’s western boundary. The project has been processed through Fort Collins’ 1041 permit procedures and was issued a Finding of No Significant Impact (FONSI). 10. Second Reading of Ordinance No. 185, 2024, Adopting the 2025 Larimer County Regional Transportation Capital Expansion Fee Schedule. This Ordinance, unanimously adopted on First Reading on December 3, 2024, adopts the 2025 Larimer County Regional Transportation Capital Expansion Fee Schedule. 11. Second Reading of Ordinance No. 186, 2024, Appropriating Prior Year Reserves in the Water Fund and the Wastewater Fund for the Transfer of Fleet Vehicles Between the Water and Wastewater Utilities. This Ordinance, unanimously adopted on First Reading on December 3, 2024, appropriates prior year reserves in the Water and Wastewater Funds to purchase fleet equipment at fair market value between Operational Divisions of the Water Field Operations Department. 12. Second Reading of Ordinance No. 187, 2024, Amending Section 2-596 of the Code of the City of Fort Collins and Setting the Salary of the City Manager. This Ordinance, unanimously adopted on First Reading on December 3, 2024, amends City Code to establish the 2025 salary of the City Manager. Council met in executive session on November 26, 2024, to conduct the performance review of Kelly DiMartino, City Manager, and to consider the salary market analysis for this position. 13. Second Reading of Ordinance No. 188, 2024, Amending Section 2-606 of the Code of the City of Fort Collins and Setting the Salary of the Chief Judge. This Ordinance, unanimously adopted on First Reading on December 3, 2024, amends City Code to establish the 2025 compensation of the Chief Judge. A new two-year agreement for her employment was also adopted by Resolution 2024-142. Council met in executive session on November 26, 2024, to conduct the performance review of Jill Hueser, Chief Judge, and to consider the salary market analysis for this position. 14. Second Reading of Ordinance No. 189, 2024, Amending Section 2-581 of the Code of the City of Fort Collins and Setting the Salary of the City Attorney. This Ordinance, unanimously adopted on First Reading on December 3, 2024, amends City Code to establish the 2025 compensation of the City Attorney. Council met in executive session on November 26, 2024, to conduct the perf ormance review of Carrie Daggett, City Attorney and to consider the salary market analysis for this position. 15. Resolution 2024-143 Approving the Design, Creation and Installation of Public Art at the I- 25 and Prospect Interchange. The purpose of this item is to approve expenditures from the Art in Public Places (APP) Reserve Account to commission an artist to create art for the I-25 and Prospect Interchange Project. The expenditure of $64,500 will be for design, engineering, materials, signage, fabrication, delivery, City of Fort Collins Page 6 of 8 installation, and contingency for Stephen Shachtman to create the artworks for the I-25 and Prospect Interchange Project. 16. Resolution 2024-144 Approving the Design, Creation and Installation of Public Art at the Power Trail and Harmony Road Crossing. The purpose of this item is to approve expenditures from the Art in Public Places (APP) Reserve Account to commission an artist to create art for the Power Trail and Harmony Road Crossing Project. The expenditure of $50,000 will be for design, engineering, materials, signage, fabrication, delivery, installation, and contingency for Todd Kundla to create the artworks for the Power Trail and Harmony Road Crossing Project. 17. Resolution 2024-145 Approving Expenditures from the Art in Public Places Stormwater and Water Utility Accounts to Commission an Artist to Create Art for the City’s Utilities. The purpose of this item is to approve expenditures from the Art in Public Places Stormwater Utility and Water Accounts to commission an artist to create art for the Oak Street Stormwater Improvements Project. The expenditure of $155,000 will be for design, engineering, materials, signage, fabrication, delivery, installation, and contingency for Mark Aeling to create the artworks for the Oak Street Stormwater Improvements Project. 18. Resolution 2024-146 Concerning Implementation of Standards Created by Amendments to the Public Utility Regulatory Policies Act of 1978 by the Infrastructure Investment and Jobs Act (“IIJA”). The purpose of this item is to present for Council consideration the recommendation from the City electric utility and the Energy Board, not to adopt the new revisions to the Public Utility Regulatory Policies Act of 1978 (PURPA) into the electric utility polices. Light & Power (L&P) is a “nonregulated utility” under PURPA, and can make a determination whether or not to implement the amended PURPA standards or establish a rule that differs from the standards. A complete review and evaluation of amended PUPRA standards has been completed and the findings support the recommendation not to adopt the amended PURPA standards. Staff is recommending Council adopt the written determinations made by Utility staff establishing local standards that differ from the amended PURPA standards. 19. Resolution 2024-147 Adopting the 2024 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, 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. 20. Resolution 2024-148 Adopting Amended Rules of Procedure Governing the Conduct of City Council Meetings and Council Work Sessions. The purpose of this item is to consider an update to the Council Meeting Rules of Procedure. City of Fort Collins Page 7 of 8 21. Resolution 2024-149 Supporting Grant Application for Local Match Funding in Support of the Midtown Central Corridor Project. The purpose of this item is to obtain support for the City to apply for the non-federal match requirement included in the Department of Transportation’s FY2025 Rebuilding American Infrastructure with Sustainability and Equity (RAISE) discretionary grant program. 22. Resolution 2024-150 Approving an Exemption to the Competitive Purchasing Process to Procure Professional Services from Park Consulting Group. The purpose of this item is to request an exception to the use of a competitive purchasing process to enter into a professional services agreement with Park Consulting Group to support the implementation of the new Licensing, Permitting, and Code Enforcement (LPCE) system. The Park Consulting Group is uniquely qualified to provide the services. Exception to the Competitive Bid or Proposal Rationale: Code Section 8-161(d)(1)(a). There exists only one (1) responsible source. 23. Resolution 2024-151 Making an Appointment to the Board of the Downtown Development Authority. The purpose of this item is to fill a vacancy that currently exists as of October 15, 2024. 24. Resolution 2024-152 Making an Appointment to the Board of Directors of Housing Catalyst. The purpose of this item is to fill one of two vacancies that will exist as of December 31, 2024. 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 None scheduled. P) RESUMED PUBLIC COMMENT (if applicable) Q) OTHER BUSINESS City of Fort Collins Page 8 of 8 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. “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 police liability litigation; and 2. the manner in which the provisions of the City Charter may be affected by existing or proposed provisions of federal, state or local law.” R) 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.