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HomeMy WebLinkAboutACTION SUMMARY-05/16/2023-RegularCity of Fort Collins Page 1 of 6 City Council Summary Agenda City Council Regular Meeting Agenda May 16, 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 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 the Week of May 7-13, 2023 as Public Service Recognition Week. Presented Proclamation. REGULAR MEETING 6:00 PM B) CALL MEETING TO ORDER C) PLEDGE OF ALLEGIANCE D) ROLL CALL 7-0 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. City of Fort Collins Page 2 of 6 G) PUBLIC COMMENT ON ANY TOPICS OR ITEMS OR COMMUNITY EVENTS (Including requests for removal of items from Consent Calendar for individual discussion.) H) PUBLIC COMMENT FOLLOW-UP I) COUNCILMEMBER REMOVAL OF ITEMS FROM CONSENT CALENDAR FOR DISCUSSION CONSENT CALENDAR 1. Consideration and Approval of the Minutes of the May 2, 2023 Regular Meeting. The purpose of this item is to approve the minutes of the May 2, 2023 regular meeting. Action Taken: Approved 2. Items Relating to the Appropriation of Federal Funds in the Community Development Block Grant and HOME Investment Partnership (HOME) Program Funds. A. Second Reading of Ordinance No. 066, 2023, Making Supplemental Appropriations in the Community Development Block Grant Fund. B. Second Reading of Ordinance No. 067, 2023, Making Supplemental Appropriations in the HOME Investment Partnerships Grant Fund. These Ordinances, unanimously adopted on First Reading on May 2, 2023, appropriate the City's FY2023 Community Development Block Grant (CDBG) Entitlement Grant and Fiscal Year (FY) 2023 Home Investment Partnerships Program (HOME) Participating Jurisdiction Grant from the Department of Housing and Urban Development (HUD), and CDBG program income from FY2021 and FY2022 and HOME Program Income from FY2021 and FY2022. Action Taken: Adopted Both Ordinances on Second Reading. 3. Second Reading of Ordinance No. 068, 2023, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the North College Mobile Home Park Rezoning. This Ordinance, unanimously adopted on First Reading on May 2, 2023, amends the Zoning Map and rezones the North College Mobile Home Park (the “Property”) from the Service Commercial (CS) and Low Density Mixed-Use Neighborhood (LMN) zone districts to the Manufactured Housing (MH) zone district. Half the Property is the CS zone district, and the other half is the LMN zone district. With the proposed rezoning both of those would change to the MH zone district, which would cover the entirety of the property. The 33-acre Property is located southwest of the North College Avenue and Willox Lane intersection. The proposed rezoning was initiated by the City and continues a series of rezonings begun in 2020 to rezone existing mobile home parks to the MH zone district to promote the preservation of existing manufactured housing communities. The rezoning request is subject to Section 2.9.4 of the Land Use Code. The rezoning may be approved, approved with conditions, or denied by Council after receiving a recommendation from the Planning and Zoning Commission. The Planning and Zoning Commission voted 5 to 1 at their March 23, 2023, hearing to recommend approval of the rezoning. This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in accordance with Section 2(d) of the Council’s Rules of Meeting Procedures adopted in Resolution 2022-068. City of Fort Collins Page 3 of 6 Action Taken: Adopted on Second Reading. 4. Second Reading of Ordinance No. 069, 2023, Making Supplemental Appropriations, Appropriating Prior Year Reserves, and Authorizing Transfers of Appropriations for the West Elizabeth Corridor Final Design and Related Art in Public Places. This Ordinance, unanimously adopted on First Reading on May 2, 2023, appropriates local match funds and enables the City to receive and expend Federal and Colorado Department of Transportation (CDOT) funds to proceed forward with the Project. The funds will be used for the final 100% design and outreach regarding improvements along West Elizabeth Street from Mason Street and the Colorado State University (CSU) campus to Overland Drive. If adopted, the following amounts will be appropriated: (1) $651,628 from Transportation Capital Expansion Fee and unanticipated revenue from Transfort funds; (2) $616,124 of matching CSU-provided funds; and (3) $1,232,248 of Multi-Modal Options Funding grant funds for the Project. The amount of $6,516 will be appropriated to the Art in Public Places Program. Action Taken: Adopted on Second Reading. 5. Second Reading of Ordinance No. 070, 2023, Vacating a Portion of Impala Circle Right-of- Way. This Ordinance, unanimously adopted on First Reading on May 2, 2023, approves the vacation of Impala Circle right-of-way that is no longer desirable or necessary to retain for street purposes. Portions of the right-of-way area, once vacated, will be retained as public access and emergency access easements to the City to provide continued access for the neighboring properties. Action Taken: Adopted on Second Reading. 6. First Reading of Ordinance No. 072, 2023, Authorizing the Disposition of a Portion of a Shared Parking Easement and the Execution of an Amendment to the Shared Parking and Access Easement Deed and Agreement. The purpose of this item is to approve the reduction of a shared parking and access easement previously dedicated to the City and to authorize the execution of an amendment to the agreement that granted such easement. City Code Section 23-111 requires City Council authorization to sell, convey, exchange, or otherwise dispose of any and all interests in real property, including easements, owned in the name of the City. The original agreement was to allow for shared parking and access on the property located at the northwest corner of Drake Road and College Avenue for users of the MAX bus line. The goal for amending the shared parking space is to add an additional area for shared parking and additional parking spaces and to revise the original boundary so that it better conforms with proposed development’s parking lot layout. Action Taken: Adopted on First Reading. 7. Items Relating to Connexion Service in Larimer County. A. Resolution 2023-045 Authorizing the Execution of an Intergovernmental Agreement Between the City and Larimer County for Extension of Broadband Utility Services into Unincorporated Larimer County Beginning with Areas Near the Harmony Road and Taft Hill Road Intersection. B. First Reading of Ordinance No. 073, 2023, Appropriating Unanticipated Revenue from Larimer County and Authorizing Transfers of Appropriations for the Design and Construction of Connexion into Areas Northwest and Northeast of the Harmony Road and Taft Hill Road Intersection and Related Art in Public Places. City of Fort Collins Page 4 of 6 The purpose of this item is to enter into an Intergovernmental Agreement (IGA) to enable the City and Larimer County to collaborate to provide Connexion broadband communication service within unincorporated Larimer County, including within the City’s Growth Management Area. The initial project under the IGA to provide service to an area near the intersection of Harmony Road and Taft Hill Road will establish a cost- and revenue-sharing relationship through which the County will provide $3.58M to fund the design and construction of the expansion of Connexion service on behalf of the County. Upon appropriation of these funds and completion of this work, approximately 1,000 premises will be connected to Connexion service, and Connexion will thereafter share with the County a portion of the service revenue from these areas, subject to annual appropriation. Subsequent projects will be authorized through similar work orders executed pursuant to the IGA. Action Taken: Adopted Resolution and Ordinance on First Reading. 8. Resolution 2023-046 Appointing Two Board Members to the Boxelder Basin Regional Stormwater Authority Board of Directors Being One Selected by the City and One Jointly Selected by the City and Larimer County. The purpose of this item is to consider making two appointments to the Board of Directors of the Boxelder Basin Regional Stormwater Authority. END OF CONSENT CALENDAR J) ADOPTION OF CONSENT CALENDAR Adopted the Consent Calendar 7-0. 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 O) CONSIDERATION OF ITEMS PLANNED FOR DISCUSSION 9. Second Reading of Ordinance No. 071, 2023, Amending the Land Use Code to Include Guidelines and Regulations for the Administration of Designated Areas and Activities of State Interest. This Ordinance, adopted on First Reading on May 2, 2023, by a vote of 6-1 (Nay: Peel), amends the Fort Collins Land Use Code to include 1041 regulations. The 1041 powers give local governments the ability to regulate particular development projects occurring within their jurisdiction, even when the project has broader impacts. The 1041 regulations would allow for reviewing and permitting of two designated areas and activities of statewide interest: (1) major domestic water, sewage treatment; and (2) highway projects. Staff has amended the Ordinance to reflect the motion adopted by Council on first reading on May 2, 2023. Action Taken: Adopted on Second Reading as Amended 6-1. (Nay: Peel) City of Fort Collins Page 5 of 6 10. First Reading of Ordinance No. 140, 2022, Establishing a Fort Collins Minimum Wage and Associated Recordkeeping and Enforcement Provisions. The purpose of this item is to bring forth an ordinance setting a local minimum wage in compliance with HB19-1210. Action Taken: Failed on First Reading 3-4. (Nays: Arndt, Canonico, Gutowsky, Peel) 11. First Reading of Ordinance No. 074, 2023, Amending the Land Use Code to Include Regulations for Making Water Adequacy Determinations. The purpose of this ordinance is to amend the Fort Collins Land Use Code to include water adequacy determinations for new development and redevelopment. The regulations are divided into three different categories: one for established potable water supply entities, one for new potable water supply entities, and one for non-potable water supply entities. The goal is to comply with Colorado state statute (Section 29-20-301, et seq., C.R.S.) and to make sure development has the necessary water supply. Water is a crucial and constrained resource, and the City strives to ensure that development meets the community’s vision and expectations for responsible resource management. City Plan includes policies to ensure water is used wisely and our community is prepared for a changing climate. Currently, development within the City only occurs within the boundaries of existing City (Fort Collins Utilities) and special district potable water supply entities, such as Fort Collins- Loveland Water District and East Larimer County Water District. A project is determined to have an adequate water supply through the issuance of a “will serve” letter from the established potable water supply entity at the time of development plan or building permit approval. The necessity for an updated water adequacy review program stems from the limited supply and high cost of water resources, which have resulted in developers pursuing more creative ways to provide both potable and non-potable water to their proposed developments, particularly projects striving to provide affordable housing or the denser development patterns called for in City Plan. Action Taken: Postponed Indefinitely 6-1. (Nay: Ohlson) 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.) Councilmember Canonico proposed to continue discussions with the Boulder Consortium and bring discussions to the Legislative Agenda which met with Council agreement to move forward. City of Fort Collins Page 6 of 6 OB 2. Consideration of a Request to Extend the Time for the Ziegler/Corbett Appeals: City Code Section 2-52(c) authorizes the City Manager at any time prior to the expiration of the time for Council to hear an appeal, to request that Council approve the extension of time for hearing an appeal in the event of scheduling difficulties or notice defects. Two appeals have been filed regarding the Planning and Zoning Commission’s March 23, 2023, decision approving the Ziegler/Corbett Overall Development Plan Major Amendment, MJA220004. Questions have arisen regarding the scheduling of the hearing on these appeals. As a result, the City Manager has requested that Council approve the extension of time for hearing these appeals from June 22 to September 5, 2023. Here is the requested motion: Motion: “I move that Council extend the time for the hearing of the appeals filed regarding the Planning and Zoning Commission’s March 23, 2023, decision approving the Ziegler/Corbett Overall Development Plan Major Amendment, MJA220004, to September 5, 2023.” Motion Adopted 7-0 OB 3. Motion to Adjourn this meeting to 6:00 pm on May 23, 2023: “I move that Council adjourn this meeting to 6:00 p.m. on Tuesday, May 23, 2023, in order to select a second alternative to the North Front Range Metropolitan Planning Council for the June meeting.” Motion Adopted 7-0 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.